11. Administration of States' share of the Fund.
11. Administration of States' share of the Fund.— [i][(1) The share of the Fund to be spent on development and maintenance of roads shall be allocated in such manner as may be decided by the Committee referred to in Section 7-A.]
[ii][Provided that the Central Government may use the share of the Fund under sub-clause (a) of clause (viii) of Section 10 for the repayment of any loan taken for the purpose of development of rural roads in any State or Union territory.]
(2) The portion of the Fund allocated for expenditure in the various States and Union territories shall be retained by the Central Government until it is actually required for expenditure.
(3) If in the opinion of the Central Government, the Government of any State or the administration of any Union territory has at any time—
(a) failed to take such steps as the Central Government may recommend for the regulation and control of motor vehicles within the State or the Union territory; or
(b) delayed without reasonable cause the application of any portion of the Fund allocated or re-allocated, as the case may be, for expenditure within the State or Union Territory,
the Central Government may resume the whole or part of any sums which it may have at that time held for expenditure in that State or the Union Territory.
(4) All sums resumed by the Central Government from the account of any State Government or Union Territory administration as aforesaid shall be re-allocated between the credit accounts of the defaulting and other State Governments and Union Territory administrations in the ratio of the main allocation for the financial year preceding the year in which the re-allocation is made.
(5) The balance to the credit of the Fund in respect of any allocation shall not lapse at the end of the financial year.
| Other Contents of Central Road Fund Act, 2000 |
|---|
| Sections 1 to 10 |
| Sections 11 to 15 and Schedule |
12. Power to make rules.
12. Power to make rules.—(1) The Central 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 powers, such rules may provide for all or any of the following matters, namely:—
(a) specify [iii][the type of projects] in respect of which the funds may be disbursed under Section 7;
(b) the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balance-sheet under sub-section (1) of Section 8;
(c) the manner in which the schemes for development and maintenance of State roads of inter-State and economic importance are to be formulated and sanctioned [iv][* * *];
(d) any other matter for which rule is to be made, or may be prescribed.
13. Rules made under this Act to be laid before Parliament.
13. Rules made under this Act to be laid before Parliament.—Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule 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 under that rule.
14. Provisions relating to existing Central Road and Infrastructure Fund.
14. Provisions relating to existing Central [v][Road and Infrastructure Fund].—With effect from the appointed day the Central Road Fund governed by the Parliamentary Resolution dated the 13th May, 1988 (hereinafter referred to in this section as the existing Fund) shall be deemed to be the Fund established under this Act and,—
(a) all schemes relating to development and maintenance of national [vi][highways, State roads and other infrastructure] sanctioned under the existing Fund in so far as such schemes are relatable to the schemes under this Act, shall be deemed to be the schemes sanctioned under this Act;
(b) all funds accrued under the existing Fund including assets and liabilities shall be transferred to the Fund established under this Act.
15. Repeal and saving.
15. Repeal and saving.—(1) The Central Road Fund Ordinance, 2000 (Ord. 5 of 2000) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
Schedule I
[vii][SCHEDULE I]
(See Section 3)
|
Sl. No. |
Name of item |
[viii][* * *] |
|
(1) |
(2) |
[ix][* * *] |
|
1. |
Motor spirit commonly known as petrol |
[x][* * *] |
|
2. |
High speed diesel oil |
[xi][* * *] |
Schedule II
[xii][SCHEDULE II
[See Section 7(1)]
Category of projects and Infrastructure Sub-Sectors
|
Sl. No. |
Category |
Infrastructure Sub-Sectors |
|
1. |
Transport |
(a) Road and bridges; (b) Ports (including Capital Dredging); (c) Shipyards (including a floating or land-based facility with the essential features of waterfront, turning basin, berthing and docking facility, slipways or ship lifts, and which is self-sufficient for carrying on shipbuilding/repair/breaking activities); (d) Inland Waterways; (e) Airports; (f) Railway Track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure; (g) Urban Public Transport (except rolling stock in case of urban road transport). |
|
2. |
Energy |
(a) Electricity Generation; (b) Electricity Transmission; (c) Electricity Distribution; (d) Oil pipelines; (e) Oil/Gas/Liquefied Natural Gas (LNG) storage facility (including strategic storage of crude oil); (f) Gas pipelines (including city gas distribution network). |
|
3. |
Water and Sanitation |
(a) Solid Waste Management; (b) Water supply pipelines; (c) Water treatment plants; (d) Sewage collection, treatment and disposal system; (e) Irrigation (dams, channels, embankments, etc.); (f) Storm Water Drainage System; (g) Slurry pipelines. |
|
4. |
Communication |
(a) Telecommunication (Fixed network including optic fibre/wire/cable networks which provide broadband/internet); (b) Telecommunication towers; (c) Telecommunications and Telecom Services. |
|
5. |
Social and Commercial Infra |
(a) Education Institutions (capital stock); (b) Sports and Infrastructure (including provision of Sports Stadia and Infrastructure for Academies for Training/Research in Sports and Sports-related activities); (c) Hospitals (capital stock including Medical Colleges, Para Medical Training Institutes and Diagnostic Centres); (d) Tourism Infrastructure— (i) three-star or higher category classified hotels located outside cities with population of more than one million; (ii) ropeways and cable cars; (e) Common infrastructure for industrial parks and other parks with industrial activity such as food parks, textile parks, special economic zones, tourism facilities and agriculture markets; (f) Post-harvest storage infrastructure for agriculture and horticulture produce including cold storage; (g) Terminal markets; (h) Soil-testing laboratories; (i) Cold chain (including cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat); (j) Affordable Housing (including a housing project using at least 50% of the Floor Area Ratio (FAR)/Floor Space Index (FSI) for dwelling units with carpet area of not more than 60 square meters. Explanation.— For the purposes of the item (j), the term “carpet area” shall have the meaning assigned to it in clause (k) of Section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).] |
References
[i] Subs. by Act 13 of 2018, S. 206(k) (w.e.f. 1-4-2018).
[ii] Ins. by Act 28 of 2007, Section 3 (w.e.f. the date to be notified).
[iii] Subs. for “the projects” by Act 13 of 2018, S. 206(l)(i) (w.e.f. 1-4-2018).
[iv] The words “under section 10” omitted by Act 13 of 2018, S. 206(l)(ii) (w.e.f. 1-4-2018).
[v] Subs. for “road Fund” by Act 13 of 2018, S. 206(m)(i) (w.e.f. 1-4-2018).
[vi] Subs. for “highways and State roads” by Act 13 of 2018, S. 206(m)(ii) (w.e.f. 1-4-2018).
[vii] Renumbered as Schedule I and omitted column (3) by Act 13 of 2018, S. 206(n) (w.e.f. 1-4-2018).
[viii] Renumbered as Schedule I and omitted column (3) by Act 13 of 2018, S. 206(n) (w.e.f. 1-4-2018).
[ix] Renumbered as Schedule I and omitted column (3) by Act 13 of 2018, S. 206(n) (w.e.f. 1-4-2018).
[x] Renumbered as Schedule I and omitted column (3) by Act 13 of 2018, S. 206(n) (w.e.f. 1-4-2018).
[xi] Renumbered as Schedule I and omitted column (3) by Act 13 of 2018, S. 206(n) (w.e.f. 1-4-2018).
[xii] Ins. by Act 13 of 2018, S. 206(o) (w.e.f. 1-4-2018).
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