The Punjab Urban Transport Fund Act, 2019.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
(BHDR 26, 1941 SAKA)
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Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
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CHANDIGARH, TUESDAY, SEPTEMBER 17, 2019
(BHADRA 26, 1941 SAKA)
( lxxxviii )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Urban Transport Fund Act,
2019.
(Punjab Act No. 13 of 2019) .. 133-139
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction  Slips,  Republications and
Replacements
Nil

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
(BHDR 26, 1941 SAKA)
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Short title and
commencement.
Definitions.
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 17th September, 2019
No.16-Leg./2019.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the  12th day of
September, 2019, is hereby published for general information:-
THE PUNJAB URBAN TRANSPORT FUND ACT, 2019
(Punjab Act No. 13 of 2019)
AN
ACT
to provide for the establishment of the Punjab Urban Transport Fund with a
view to accelerate urban transport development, viability gap funding and
infrastructure for urban transport projects recommended or approved under
the various Schemes of the State Government or the Central Government
duly considered by the Committee and for the matters connected therewith or
incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Seventieth
Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Urban Transport Fund  Act,
2019.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
(a) “Chairperson” means the Chairperson of the Committee;
(b) “Company” means the Punjab Municipal Infrastructure
Development Company under the control and supervision of the
Department;
(c) “Committee” means the Punjab Urban Transport Fund Management
Committee constituted under section 3 of this Act;
(d) “Department” means the Department of Local Government;
(e) “Fund” means the Punjab Urban Transport Fund constituted under
section 7 of this Act;
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
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(f) “Member” means the member of the Committee;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “SPV” means the special purpose vehicle to be set up by the State
Government for the urban transport projects under this Act;
(i) “State Government” means the Government of the State of Punjab
in the Department of Local Government;
(j) “transport” means the bus or vehicle or other related services
provided by the State or community or Municipality or private partner
for the public including motorized and non-motorized vehicle; and
(k) “urban area” means the areas of the city as defined in the Punjab
Municipal Corporation Act, 1976.
3. There shall be constituted a Committee to be known as the Punjab Urban
Transport Fund Management Committee consisting of the following members,
namely:-
(1) the Chief Minister; Chairperson
(2) the Minister, Local Government;  Vice-Chairperson
(3) the Chief Secretary to Government of Punjab; Member
(4) the Administrative Secretary to Government of Member
Punjab, Department of Local Government;
(5) the Administrative Secretary to Government of Punjab, Member
Department of Finance;
(6) the Administrative Secretary to Government of Punjab, Member
Department of Transport;
(7) Joint Managing Director, Punjab Municipal Member-Secretary
Infrastructure Development Company-cum-Chief
Executive Officer, Punjab Municipal Infrastructure
Development Company;
(8) State Transport Commissioner, Punjab; and Member
(9) Managing Director, Punjab Infrastructure Member
Development Board-cum-Member Secretary,
Punjab Bus Metro Society.
4. The Committee shall perform the following functions, namely:-
(1) to determine policies, programmes and priorities regarding public transport
in urban area;
Constitution of
Committee.
Functions of the
Committee.
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(2) to monitor, evaluate and review the progress and proper utilization
of funds;
(3) to make suggestions and recommendations regarding generation
of resources to support urban transport system and  augmentation and
maintenance of quality services;
(4) to make  decisions regarding raising of loans, floating of bonds and
debentures and other resources for development of urban development
services;
(5) to explore possibilities and encourage the outsourcing of urban
transport;
(6) to work out modalities for funding the fund and to submit the same
to the Government for approval;
(7) to allocate amounts from fund for urban transport  activities; and
(8) any other functions which may be assigned by the Government.
5. (1) The Committee may, with the prior approval of the Government,
create such posts and appoint such officers and other employees of the
Committee as it may consider necessary for the efficient discharge of its
functions.
(2) The terms and conditions of service of the officers and other
employees of the Committee shall be such as may be specified by the
regulations.
6. (1) With ef fect from the commencement of this Act, every person
within the urban areas in the State of Punjab shall be liable to pay additional
cess under this Act on goods as specified in the Schedule.
(2) The additional cess shall be payable at such rates as specified in
respect of goods as described in the Schedule.
(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 cess under the Punjab Value Added Tax Act, 2005, shall,
on behalf of the Committee, assess, reassess, collect and enforce payment of
additional cess, including any interest or penalty, payable by a person under
this Act, as if such additional cess 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 there under and
the provisions of the Punjab Value Added Tax Act, 2005 relating to the returns,
Officers and
employees of the
Committee.
Sources of Fund.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
(BHDR 26, 1941 SAKA)
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Constitution of
the Fund.
provisional assessment, assessment, reassessment, rectification, review
advance payment of tax, registration of transferee of any business, imposition
of the tax liability , carrying on the business of the transfer of successor to
such business, transfer of any liability of any firm or dissolution of firm, recovery
of tax from third parties, appeals, reviews, revisions, rectifications, references,
refunds, rebates, interest or penalty , char ging or payment of interest,
compounding of offences and treatment of documents, furnished by a person
as confidential, shall apply accordingly.
(4) Subject to other provisions of this Act and the rules  made there
under, the authorities for the time being empowered to assess, reassess, collect
and enforce payment of cess on final price of auctioned vehicle number plate
under the Motor Vehicle Act, 1988, shall, on behalf of the Committee, assess,
reassess, collect and enforce payment of additional cess as specified  in the
Schedule.
(5) The additional cess collected under sub-sections (3) and (4), shall
be credited to the Fund, within such period as may be prescribed.
7. (1) There shall be constituted a Fund, to be called the Punjab Urban
Transport Fund, which shall vest in the Committee.
(2) The Fund shall be administered by such officer or officers of the
Committee as may be appointed by it in this behalf.
(3) The additional cess collected under section 6 and the grants from
the Government and the Municipalities and the loans raised under this Act
shall be credited to the Fund within such period as may be prescribed.
8. The Fund shall be utilized for the following purposes, namely:-
(1) to accelerate urban transport development, viability gap funding
and infrastructure for urban transport projects recommended or approved
under the various Schemes of the State Government or the Central Government
duly considered by the Committee;
(2) financial support to various special purpose vehicles and institutions
of the State implementing urban transport projects;
(3) conducting studies pertaining to urban transport;
(4) expenses involved in hiring of consultants for various urban transport
activities and studies relating to urban transport;
(5) organizing capacity building, orientation and training programmes
which may include seminars, conferences on urban transport; and
Utilization of
Fund.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
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Power to make
regulations.
(6) any other purpose relating to urban transport as the Committee
deems fit.
9. No suit, prosecution or other legal proceeding shall lie against the
Government or any officer or employee of the Government or the Punjab
Municipal Infrastructure Development Company, in respect of anything which
is in good faith done or intended to be done in pursuance of this Act or rules
made or any order issued thereunder .
10. (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) the preparation and submission for sanction of an estimate of
annual income and expenditure;
(b) period within which the amount is to be credited to the Fund
as collected under sections 6 and 7; and
(c) any other matter which has to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before the House of the State Legislature, while it is in session,
for a total period of ten 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 sessions as aforesaid, the House agrees in
making any modification in the rules or the House agrees that the rules should
not be made, the rule 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.
11. (1) The Committee may, from time to time, with the previous approval
of the Government, make regulations not inconsistent with this Act and the
rules made thereunder for the purposes of giving effect to the provisions of
this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such regulations may provide for-
(a) transacting business at the meeting of the Committee; and
(b) the conditions of service of the officers and other employees
of the Committee and their functions and duties.
Protection of
action taken in
good faith.
Power to make
rules.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
(BHDR 26, 1941 SAKA)
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Audit. 12.    The Fund shall be audited by the Comptroller and Auditor-General of
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).
13. If any difficulties arises in giving effect to the provisions of this Act, the
State Government may, by order published in the Official Gazette, make such
provision not inconsistent with the provisions of this Act, including any adaptation
or modification of any provision of this Act as appears to the State Government
to be necessary or expedient for the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of two years
from the date of commencement of this Act.
14. The State Government may, by notification in the Official Gazette, alter
the rate of cess specified in the Schedule, add to or omit from or otherwise,
amend the Schedule and thereupon, the Schedule shall be deemed to have
been amended accordingly.
Schedule
     (See sections 6 and 14)
Serial Description of articles Additional cess which Stage at which additional
No. and goods is to be levied under cess is levied
this Act
1. (a) High Speed Diesel The levy of 10 paise The levy shall be at the first
[HSD] per litre within the stage of sale of diesel in the
urban area urban area in the State of
Punjab.
(b) Petrol The levy of 10 paise The levy shall be at the first
per litre within the stage of sale of petrol in the
urban area urban area in the  State of
Punjab.
2. (a) Vanity Plates The levy of additional The levy shall be at the first
[Personalized vehicle cess of 10% on final stage of registration of
plate] price of auctioned vehicle.
vehicle  number plate.
(b) In case of retaining
old V.I.P. Numbers.
Removal of
difficulties.
Power to amend
Schedule.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 17, 2019
(BHDR 26, 1941 SAKA)
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(i) one single  digit
Vehicle Number i.e.
for vehicle No. 0001 rupees 25,000
for vehicle
 --do--
No.0002-0009 rupees 10,000
(ii) one double digit
and other Vehicle
Number i.e. for
vehicle No.0010---99, rupees 5000
for vehicle
No. 0100-9999 rupees 2000
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
1862/9-2019/Pb. Govt. Press, S.A.S. Nagar

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