(1) This Ordinance may be called the Central Road Fund Ordinance, 2000. short title,
(2) It extends to the whole of India. commence-
(5) Save as otherwise provided in this Ordinance, it shall come into force at once. m e n t 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
2. In this Ordinance, unless the context otherwise requires,—
(a) "appointed day" means the date on which the Fund is established under subsection (/) of section 6;
(b) "cess" means a duty in the nature of duty of excise and customs, imposed and collected on motor spirit commonly known as petrol and high speed diesel oil for the purposes of this Ordinance;
(c) "Fund" means the Central Road Fund established under sub-section (1) of section 6;
(d) "national highways" means the highways specified in the Schedule to the National Highways Act, 1956 or any other highway declared as national highway under sub-section (2) of section 2 of the said Act;
(e) "National Highways Authority of India" means an authority constituted under sub-section (/) of section 3 of the National Highways Authority of India Act, 1988;
(f)"prescribed" means prescribed by rules made under this Ordinance.
CHAPTER II CENTRAL ROAD FUND
3. (I) With effect from such date as the Central Government may, by notification in Official Gazette, specify, there shall be levied and collected, as a cess, a duty of excise and customs for the purposes of this Ordinance, on every item specified in column (2) of the Schedule, which is produced in or imported into India and—
(a) removed from a refinery or a factory or an outlet; or
(b) transferred by the person, by whom such item is produced or imported, to another person, at such rates not exceeding the rate set forth in the corresponding entry in column (3) of the Schedule, as the Central Government may, by notification in the Official Gazette, specify:
Provided that until the Central Government specifies by such notification the rate of the cess in respect of petrol and high speed diesel oil (being items specified in the Schedule), the cess on petrol and high speed diesel oil under this sub-section shall be levied and collected at the rate of rupee one per litre:
Provided further that the additional duty of customs and the additional duty of excise on petrol levied under sub-section (1) of section 103 and sub-section (1) of section 111, as the case may be, of the Finance (No. 2) Act, 1998 and the additional duty of customs and the additional duty of excise on high speed diesel oil levied under sub-section (1) of section 116 and sub-section (1) of section 133, as the case may be, of the Finance Act, 1999 shall be deemed to be a cess for the purposes of this Ordinance from the date of its levy and the proceeds thereof shall be credited to the Fund.
(2) Every cess leviable under sub-section (/) on any item shall be payable by the person by whom such item is produced, and in the case of imports, the cess shall be imposed and collected on items so imported and specified in the Schedule.
(3) The cess leviable under sub-section (1) on the items specified in the Schedule shall be in addition to any cess or duty leviable on those items under any other law for the time being in force.
(4) The provisions of the Central Excise Act, 1944 and the rules made thereunder and the provisions of the Customs Act, 1962 and the rules made thereunder, as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cess leviable under this section and for this purpose, the provisions of the Central Excise Act, 1944 and of the Customs Act, 1962 as the case may be, shall have effect as if the aforesaid Acts provided for the levy of cess on all items specified in the Schedule.
Definitions.
Levy and collection of cess.
48 of 1956.
68 of 1988.
21 of 1998.
27 of 1999.
1 of 1944.
52 of 1962 SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 3
4. The proceeds of the cess levied under section 3 shall first be credited to the Consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of this Ordinance.
5. The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants or loans such sums of money as the Central Government may consider necessary in the Fund.
6. (/) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Ordinance, a Fund to be called as the "Central Road Fund".
(2) The Fund shall be under the control of the Central Government and there shall be credited thereto—
(a) any sums of money paid under section 4 or section 5;
(b) unspent part of the cess, being already levied for the purposes of the development and maintenance of national highways;
(c) the sums, if any, realised by the Central Government in carrying out its functions or in the administration of this ordinance;
(d) any fund provided by the Central Government for the development and maintenance of State roads;
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
7. The Fund shall be utilised for the—
(i) development and maintenance of national highways;
(ii) development of the rural roads;
(iii) development and maintenance of other State roads including roads of inter-State and economic importance;
(iv) construction of roads either under or over the railways by means of a bridge and erection of safety works at unmanned rail-road crossings; and
(v) disbursement in respect of such projects as may be prescribed.
8. (/) The concerned departments of the Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of allocations of their shares of fund in such form, as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor- General of India at such intervals as may be specified by him.
CHAPTER HI MANAGEMENT OF CENTRAL ROAD FUND