Chapter V LEVY OF FEE AND PUNJAB INFRASTRUCTURE DEVELOPMENT FUND

1. (1) With effect from the date of coming into force of this Act, and subject to the provisions of this Chapter, every person shall be liable to pay a fee levied under this Act on the sale or purchase of the goods specified in Schedule III, on the value of consumption of electricity being supplied by the Punjab State Power Corporation Limited and purchase of immovable properties, within the State of Punjab at a rate, not exceeding six rupees for every one hundred rupees of the value of goods, electricity consumed and purchase of immovable property as the State Government may, by notification, direct. 27, 28
2. (2) The fee shall be payable at the stage, mentioned in respect of goods in Schedule-III.
3. (3) Subject to the provisions of this Act and the rules made thereunder, the authorities for the time being empowered to assess, reassess, collect and enforce payment of tax under the 26 As substituted vide notification no. No.27-Leg./2015 dated 15.06.2015 and thereafter notification no.32Leg./2015 dated 27.11.2015. 27 Prior to the operation of this Act, the State Government in terms of Punjab Infrastructure Development Act, 1998 (since repealed) notified to levy Infrastructure Cess @Rs.1/- per litre on petrol and @Rs.1/- on all agricultural produces w.e.f. 11.11.1998 28 The Govt., in terms of this Act, notified to charge ID Fee :
   • • @Rs.1/- per litre on petrol and @Rs.1/- on all agricultural produces except fruits, vegetables & pulses as defined in the Punjab Agricultural Produce Market Act, 1961 vide notification no. 7/1/11/2001-5FE4/6349 dated 11.07.2002 Enhanced on Agricultural Produces from
   • (i) 1% to 2% vide notification no.7/1/11/2001-5FE4/2680 dated 01.04.2008
   • (ii) Enhanced from 2% to 3% vide notification no.7/1/11/2001-5FE4/55 dated 24.09.2008 except 2% on Cotton Seed and cotton vide notification no. 7/1/11/2001-5FE4/59 dated 26.09.2008 & clarification of cotton vide notification no. 7/1/11/2001-5FE4/63 dated 10.10.2008 Enhanced on Petrol from Rs.1/- to Rs.2/- & from Rs.2/- to Rs.2.05/- per litre vide notification no. S.O. 19/P.A.8/2002/S.25/2015 dated 21.05.2015 & vide notification no. S.O. 95/P.A.8/2002/S.25/20156 dated 29.12.2016 resp. Imposed on Diesel @ Rs.1/-per litre & enhanced from Rs.1/- to Rs.1.05/- per litre vide notification no. S.O. 19/P.A.8/2002/S.25/2015 dated 21.05.2015 & vide notification no. S.O. 95/P.A.8/2002/S.25/20156 dated 29.12.2016 resp.
     • • @Rs.5/- for every hundred rupees on the value of electricity consumed and @Rs.1/- for every hundred rupees on the value of purchase of any immovable property vide notification no. S.O.25/P.A.8/2002/S.25/2015 dated 24.06.2015 Punjab Value Added Tax Act, 2005, shall, on behalf of the Punjab Infrastructure Development Board, assess, reassess, collect and enforce payment of fee, including any interest or penalty, payable by a person under this Act, as if such fee or penalty or interest payable by such a person, is a tax or penalty or interest, payable under the Punjab Value Added Tax Act, 2005, and for this purpose, the aforesaid authorities may exercise all or any of the powers, exercisable by them under the Punjab Value Added Tax Act, 2005 and the rules framed thereunder and the provisions of the Punjab Value Added Tax Act, 2005 relating to the returns, provisional assessment, assessment, reassessment, rectification, review, advance payment of tax, registration of transferee of any business, imposition of the tax liability, carrying on the business on the transfer of successor to such business, transfer of any liability of any firm or Hindu Undivided Family to pay tax in the event of dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, rectifications, references, refunds, rebates, interest or penalty, charging or payment of interest, compounding of offences and treatment of documents, furnished by a person as confidential, shall apply accordingly.
4. (4) (i) Subject to other provisions of this Act and the rules made thereunder, the authorities for the time being empowered to assess, reassess and collect and enforce electricity duty under the Punjab Electricity (Duty) Act, 2005 shall on behalf of Punjab Infrastructure Development Board also assess, reassess and collect and enforce payment of Infrastructure Development fee on the value of consumption of electricity including any interest or penalty payable by a person under this Act, as if, the fee or penalty or interest payable by such a person under this Act is a duty or penalty or interest payable by such a person under the Punjab Electricity (Duty) Act, 2005; and (ii) Subject to other provisions of this Act and the rules made thereunder, such authorities, who are presently engaged in the collection of Stamp Duty, Social Infrastructure Cess shall also be empowered to assess, reassess and collect and enforce Infrastructure Development fee on purchase of immovable properties.
5. (5) The fee collected under sub section (1), shall be deposited by the authorities, specified in sub-section (3) and sub-section (4) in the Consolidated Fund of the State29 within a period of one week from the date of its collection.
6. (6) The person shall deposit the amount of fee due from him either in cash or by cheque in a specified bank account. Explanation : (1) For the purposes of this Act, the expressions "sale”, “purchase” and “person” shall have the same meanings as have been assigned to them in the Punjab Value Added Tax Act, 2005.
7. (2) In respect of levy of Infrastructure Development fee on the value of consumption of electricity, the exemptions granted in respect of levy of electricity duty 29 Substituted vide notification no.17-Leg./2017 dated 27.07.2017 (Punjab Act No.13 of 2017) shall mutatis mutandis apply to the levy of Infrastructure Development fee on electricity consumed.

²⁶ Omitted 30

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1. (1) The State Government shall constitute a Fund to be known as the Development Fund which shall vest in the Board.
2. (2) The amount of fee charged and collected under this Act, shall be credited to the Consolidated Fund of the State out of which, a budgetary grant may then be provided to the Development Fund, within such period and of such amount, as may be considered necessary. Any other grant from the Central/ State Government, local authorities and any of the authorities shall also be credited to the Development Fund. 32
3. (3) The Development Fund shall be applied for the development of infrastructure sectors by providing infrastructure facilities in the State of Punjab for the benefit of the persons from whom the fee has been charged and collected public at large and for the infrastructure facilities of the country having direct benefit to the economy of the State of Punjab.