(1) There shall be constituted a fund called the Haryana Rural Development Fund which shall vest in the Board.
(2) It shall be administered by such officer or officers of the Board as may be appointed by it in this behalf.
(3) The amount of fee paid to the officer or the person shall be credited to the Haryana Rural Development Fund within such period as may be prescribed.
(4) To the credit of the Fund shall be placed –
(a) all collections of fee under section 5. 8[--] 5 Added vide Act No. 9 of 2013, dated 03.05.2013.
6 Added vide Act No. 19 of 2014, dated 15.04.2014.
7 Added vide Act No. 8 of 2020, dated 18.08.2020.
8 Omitted vide Act No. 19 of 1998 in HRD Act 6 of 1986 Amendment of section 6 after sub-section
(4) dated 21.08.1998 Constitution of Fund
(b) grants from the State Government and local authorities 9[;and ]
(c) 10 [contributions made by corporations, institutions, other agencies or individuals.”]
(5) The fund shall be applied by the Board to meet the expenditure incurred in the rural areas in connection within the development of roads, establishment of dispensaries, making arrangements for water supply, sanitation and other public facilities, welfare of agricultural labour, conversion of the notified market areas falling in rural area as defined under this Act, into model market areas by utilizing technical know-how thereto and bringing about other necessary improvements therein, construction of godowns and other places of storage, for the agricultural produce brought in the market area for sale/purchase and the construction of rest houses, equipped with all modern amenities, to make the stay of visitors (both sellers and purchasers) in the market area, comfortable and for any other purpose which may be considered by the Board to be in the interest of and for the benefit of the person paying the fee. The Fund may also be utilised by the Board to meet the cost of administering it.
11[(5A) The Fund may also be utilize by the Board for payment of Pension and other consequential retrial benefit to the utilize of the Board.]
(6) The Board shall publish annually a report of the activities financed from the Fund, together with an estimate a receipts and expenditure of the Fund and a statement of accounts.
7 Any person who contravenes the provisions of this Act or the rules framed thereunder shall be punishable with fine which may extend to five hundred rupees or upto the amount of fee which, the dealer is liable to pay, whichever is more.
8 (1) The State Government may make rules to carry into effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for –
(a) the preparation and submission for sanction of an annual budget under sub-section (9) of section 3 ;
(b) the making of refunds and recoveries of the fee imposed under section 5 ;
9 Substituted vide Act No. 19 of 1998 in HRD Act 6 of 1986 Amendment of section 6 after subsection (4) dated 21.08.1998 10 added vide Act No. 19 of 1998 in HRD Act 6 of 1986 Amendment of section 6 after sub-section (4) dated 21.08.1998 11 added vide Act No. 12 of 2021 in HRD Act 6 of 1986 Amendment of section 6 sub-section (5A) dated 05.04.2021 Penalty Power to make Rules.
(c) period within which the amount is to be deposited under sub-section (3) of the section 6 ; and
(d) any other matter which has to be or may be prescribed.
9 No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or Board or local authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
10 If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
11 (1) The cess/fee levied and collected under the provisions of the Haryana Rural Development Fund Act, 1983 for the period commencing from the 30th September, 1983 to the date of notification issued under sub-section (1) of section 5 of this Act, shall be deemed to have been levied and collected under this Act and notwithstanding anything contained in any judgment, decree or order of any court, it shall be lawful for the StateGovernment to retain the cess so levied and collected from the dealer if the burden of such cess was passed on by the dealer to the next purchaser of the agricultural produce or the goods processed or manufactured out of it in respect whereof such cess was levied or collected.
(2) No suit or other proceedings shall be instituted, maintained or continued in any court for the refund of whole or any part of the cess retained by the Government under sub-section (1) and no court shall enforce any decree or order directing the refund of whole or any part of such cess.
(3) If any dispute arises as to the refund of any cess retained by the Government by virtue of sub-section (1) and the question is whether the burden of such cess was passed on by the dealer to the next purchaser, it shall be presumed that such burden was passed on by the dealer.
(4) If the amount of cess retainable by the Government under sub-section
(1), has not been paid by, or has been refunded to, any dealer the same shall be recoverable by the Government as arrear of land revenue.
SHIV CHARAN DAS BAJAJ, Secretary to Government, Haryana, Legislative Department Protection of Action Taken in Good Faith.
Power to remove difficulties.
Retention of Cess