The Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund Act, 2013
The Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund Act, 2013
1. Short title and commencement
(1) This Act may be called the Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund Act, 2013. (2) It shall come into force at once.
2. Definitions
In this Act, unless the context otherwise requires, - (a) “Act” means the Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund Act; (b) “Board” means the Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund Board constituted under section 3; (c) “Fund” means the Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund constituted under section 4; (d) “Government” means the Government of Punjab in the Department of Health; (e) “prescribed” means prescribed by rules made under the Act; and (f) “section” means a section of the Act.
3. Constitution of the Board
There shall be a Board for the purposes of carrying out the provisions of the Act, to be called the Punjab State Cancer and Drug Addiction Treatment Infrastructure Board, comprising the following: - (i) Chief Minister, Punjab: Chairman (ii) Finance Minister, Punjab: Member (iii) Medical Education and Research Minister, Punjab: Member (iv) Health Minister, Punjab: Member (v) Chief Secretary, Punjab: Member (vi) Principal Secretary, Health and Family Welfare, Punjab: Member Secretary (vii) Principal Secretary, Finance, Punjab: Member (viii) Principal Secretary to Chief Minister, Punjab: Member and (ix) Principal Secretary Medical Education and Research: Member
4. Constitution of Fund
There shall be constituted a Fund to be called the Punjab State Cancer and Drug Addiction Treatment Infrastructure Fund, which shall vest in the Board constituted under section 3.
5. Purposes for which the Fund may be used
The Fund shall be used for the following purposes: - (a) to create and up-grade infrastructure including buildings, machinery and equipments for treatment and rehabilitation of cancer patients and for de-addiction of drug addicts; (b) to create awareness about and prevention, detection and treatment of cancer through any means; (c) to create awareness about mal-effects of drugs and drug addiction and prevention thereof and opportunities of treatment of drug addiction; and (d) for any other object for furtherance of the welfare of patients afflicted with cancer and drug addiction in the State as prescribed by the Board.
6. Contribution to the Fund
(1) The following shall contribute to the Fund, namely: - (a) a percentage of the amount realised from the bidders by way of auction or sale or allotment over and above the auction price or sale price or allotment price, as the case may be, of immovable properties including Optimum Utilization of Vacant Government Lands (OUVGL) properties by the Government, semi-Government agencies, Urban Local Bodies, Improvement Trusts and Panchayati Raj Institutions, as notified by the Government from time to time in each case; (b) a percentage of the revenues realised by the societies and trusts, set up by the departments of the State Government excluding the grants-in-aid received by such societies and trusts from the State or Central Government, as notified by the Government from time to time in each case; (c) grants-in-aid or contributions received from Punjab Government or the State PSUs/Boards/Corporations/Apex Co-operative, Urban Local Bodies, Improvement Trusts and Panchayati Raj Institutions at their option, as notified by the Government from time to time in each case; (d) a percentage of Funds collected through the infrastructural development projects of the projects having a worth of more than Rs. 15 Crores, such as the construction of the roads, bridges and flyovers taken up by the agencies like Public Works Department, Mandi Board, Punjab Infrastructure Development Board and the Punjab Roads and Bridges Development Board or through the State Funding; (e) surcharge on any tax or cess, as may be notified by the Government from time to time; and (f) such other contributions as may be notified by the Government from time to time. (2) The Government, other departments of the State Government and agencies mentioned in clauses (a) to (d) and to be notified under clauses (e) and (f) shall be the nodal departments/agencies for collecting the amount so notified and depositing the same in the fund.
7. Administration of the Fund
The Fund shall be administered by and in the name of the Board or as prescribed.
8. Audit
The accounts of the Fund constituted under section 4 shall be audited by the Examiner Local Funds Accounts, Punjab.
9. Bar of jurisdiction
No Civil Court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made there under.
10. Protection of action taken in good faith
(1) No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made there under. (2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made there under.
11. Power to make rules
The State Government may, by notification, make rules for carrying out the purposes of the Act.
12. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provisions including any adaption or modification of any provisions of this Act, as appears to the Government to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
13. Overriding effect
Save as otherwise provided in this Act, the provisions of this Act or the rules made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in the Punjab Municipal Corporation Act, 1976, the Punjab Municipal Act, 1911, the Punjab Town Improvement Act, 1922, the Punjab Panchayati Raj Act, 1994, the Punjab Regional and Town Planning and Development Act, 1995, the Punjab Excise Act, 1914, the Punjab Agricultural Produce Markets Act, 1961 and the Punjab Apartment and Property Regulation Act, 1995 or any other law for the time being in force.
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