Section 206 of Finance Act 2018 : Amendment of Act 54 of 2000

By | April 1, 2018
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(Last Updated On: April 24, 2018)

Section 206 of Finance Act 2018

[Section 206 of Finance Act 2018 deals with Amendment of Act 54 of 2000 and is covered in CHAPTER VIII MISCELLANEOUS]

Amendment of Act 54 of 2000

206. In the Central Road Fund Act, 2000,—

(a)in the long title, for the words and figures “the existing Central Road Fund governed by the Resolution of Parliament passed in 1988 for development and maintenance of National Highways and improvement of safety at railway crossing, and for these purposes levy and collect by way of cess, a duty of excise and a duty of customs on motor spirit commonly known as petrol, high speed diesel oil”, the words “the Central Road and Infrastructure Fund for development and maintenance of National Highways, railway projects, improvement of safety in railways, State and rural roads and other infrastructure, and for these purposes to levy and collect by way of cess, a duty of excise and a duty of customs on motor spirit commonly known as petrol and high speed diesel oil” shall be substituted;
(b)in section 1, in sub-section (1), for the words “Central Road”, the words “Central Road and Infrastructure” shall be substituted;
(c)in section 2, —
(i)in clause (c), for the words “Road Fund”, the words “Road and Infrastructure Fund” shall be substituted;
(ii)clause (e) shall be omitted;
(d)in Chapter II,—
(i)for the heading, the following heading shall be substituted, namely:—
“CENTRAL ROAD AND INFRASTRUCTURE FUND”;
(ii)in section 3,—
(A)for the word ”Schedule”, wherever it occurs, the word and figure ”Schedule I” shall be substituted;
(B)in sub-section (1), in the long line, the words, brackets and figure ”not exceeding the rate set forth in the corresponding entry in column (3) of the Schedule” shall be omitted;
(C)the first proviso shall be omitted;
(D)for the second proviso, the following proviso shall be substituted, namely:—
Provided that the additional duty of customs and the additional duty of excise on motor spirit commonly known as petrol and on high speed diesel oil levied under sub-section (1) of section 109 and sub-section (1) of section 110, as the case may be, of the Finance Act, 2018 shall be deemed to be the cess for the purposes of this Act from the date of its levy and the proceeds thereof shall be credited to the Fund.”;
(e)in section 6,—
(i)in the marginal heading, for the words “Road Fund”, the words “Road and Infrastructure Fund” shall be substituted;
(iI)in sub-section (1), for the words “Road Fund”, the words “Road and Infrastructure Fund” shall be substituted;
(f)section 7 shall be renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered,—
(A)for clauses (iv) and (v), the following clauses shall be substituted, namely:—
‘(iv) construction of roads either under or over the railways by means of bridges and erection of safety works at unmanned rail-road crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines; and
(v) undertaking other infrastructure projects.
Explanation.— For the purposes of this Act, the expression “infrastructure projects” means the category of projects and infrastructure Sub-Sectors specified in Schedule II.’;
(B)after sub-section (1), as so renumbered, the following sub-sections shall be inserted, namely:—
“(2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend Schedule II relating to any Category of projects or Infrastructure Sub-Sectors.
(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, 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 notification or both Houses agree that the notification should not be made, the notification 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 notification.”;
(g)after section 7, the following section shall be inserted, namely:—
“7A. Apportionment of share of fund by Committee—The share of the Fund to be apportioned to each of infrastructure projects shall be finalised by a Committee, constituted by the Central Government by notification published in the Official Gazette, headed by the Finance Minister, depending on the priorities of the project.”;
(h)in Chapter III, for the heading, the following heading shall be substituted, namely:—
“MANAGEMENT OF CENTRAL ROAD AND INFRASTRUCTURE FUND”;
(i)for section 9, the following section shall be substituted, namely:—
“9. The Central Government shall have the power to administer the Fund and shall—
(a)take such decisions regarding investment on projects of roads and other infrastructure as it considers necessary;
(b)take such measures as may be necessary to raise funds for the development and maintenance of roads and other infrastructure.”;
(j)in section 10, in sub-section (1),—
(A)in clause (i), for the words “national highways”, the words “roads and other infrastructure” shall be substituted;
(B)clause (iii) shall be omitted;
(C)for clauses (v) and (vi), the following clauses shall be substituted, namely:—
“(v) release of funds to the States for specific projects and monitoring of such projects and expenditure incurred thereon;
(vi) formulation of the criteria for allocation of the funds for development and maintenance of national highways and other infrastructure projects;”;
(D)clause (viii) shall be omitted;
(k)in section 11, for sub-section (1), the following sub-section shall be substituted, namely:—
“(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 7A.”;
(l)in section 12, in sub-section (2), —
(i)in clause (a), for the words “the projects”, the words “the type of projects” shall be substituted;
(ii)in clause (c), the words and figures “under section 10” shall be omitted;
(m)in section 14,—
(i)in the marginal heading for the words “road Fund”, the words “Road and Infrastructure Fund” shall be substituted;
(ii)in clause (a), for the words “highways and State roads”, the words “highways, State roads and other infrastructure” shall be substituted;
(n)in the Schedule I (as so renumbered), column (3) shall be omitted;
(o)the Schedule shall be numbered as “Schedule I” and after the “Schedule I” as so renumbered, the following “Schedule” shall be inserted, namely:—

“SCHEDULE II

[See section 7(1)]

Category of projects and Infrastructure Sub-Sectors

Sl. No.CategoryInfrastructure 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 (FA R)/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).”.

Finance Act 2018 : Assented by President : Download Print Notification

 

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