FINANCE DEPARTMENT BUDGET BRANCH

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No.766-F.B.

GOVERNMENT OF WEST BENGAL

FINANCE DEPARTMENT BUDGET BRANCH

.NOTIFICATION

Dated, Kolkata the 24th July, 2012

In exercise of the powers conferred under Section 22 of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012 (West Bengal Act I of 20 I2) , the Governor is pleased hereby to make the following rules.

The West Bengal Compensatory Entry Tax Fund Rules, 2012

1. Short Title and commencement. (I) These rules may be called the West Bengal Compensatory Entry Tax Fund Rules, 2012. (2) They shall come into force at once.

2. Definitions. - In these rules, unless there is anything repugnant to the subject or context..

(a) "Act" means The West Bengal Tax on Entry of Goods into Local Areas Act,20 I2. (b) "Committee" means the Committee constituted under sub-rule (I) of Rule 4. (c) Words and expressions used in these rules but not defined shall have the same meanings as

assigned to them in the Act.

3. Utilization of Proceeds of the Fund: The available amount in the Fund shall be utilized for the purposes as provided under Section 18 of the Act.

4. Manner of Administration of the Fund: (I) The criteria as well as the amounts for allocation among concerned Departments of the

State Government, shall be determined by a Committee to be known as the West Bengal Compensatory Entry Tax Fund Management Committee consisting of the following (i) Secretary to the Government of West Bengal, Finance Department - Chairman (ii) Secretary to the Government of West Bengal, Urban Development Department or his

representative not below the rank of Special Secretary/Additional Secretary - Member (iii) Secretary to the Government of West Bengal, Public Works Department or his

representative not below the rank of Special Secretary/Additional Secretary - Member (iv) Secretary to the Government of West Bengal, Power &NES Department or his

representative not below the rank of Special Secretary/Additional Secretary - Member (v) Secretary to the Government of West Bengal, Commerce & Industries Department

or his representative not below the rank of Special Secretary/Additional Secretary - Member

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(vi) Secretary to the Government or-West Bengal, Panchayats and Rural Development Department or his representative not below the rank of Special Secretary/Additional Secretary - Member

(2) The Committee shall determine its own procedure.

5. Accounting and Financial Procedures:

(i) The proceeds of the levy under the Act shall be deposited under the following head of account in the Con sol idated Fund of the State.-

0042- Taxes on Goods and Passengers -00-106- Taxeson Entry of Goods into Local Areas -004-Tax Collected under the West Bengal Taxes on Entry of Goods into Local Areas Act, 2012 -03-Taxes

(ii) The total annual receipt of the entry tax under the aforesaid head of account shall be appropriated to the West Bengal Compensatory Entry Tax Fund in the Public Account under the major head of Account "8229-Development and Welfare Funds".

(ii i) The budget provisions for the expenses from this fund shall be made under the budgets of the respective Departments as per decision of the Committee.

(iv) The accounts ofthe fund shall be maintained by the Accountant General, West Bengal and Finance Department.

(v) For detailed accounting in the budget, Finance Department shall finalize the procedure on the advice of the Accountant General, West Bengal.

(H. K. DWIVEDI)

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Secretary to the Government ~est Bengal

Finance Department

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No 766/1/(70)-F.B.

Dated, Kolkata the 24th July, 2012

Copy forwarded for information and necessary action to the: 1. Additional Chief Secretary / Principal Secretary / Secretary,

2. Pr. Accountant General (A & E), West Bengal, Treasury Buildings, 2, Govt Place (West), Kolkata - 700001.

3. Pr. Accountant General (General and Social Sector Audit), West Bengal, Treasury Buildings, 2, Govt Place (West), Kolkata - 700 001.

4. Accountant General (Economic and Revenue Sector Audit), West Bengal, CGO Complex, 5th floor, Salt Lake, Kolkata - 700 064.

5. Director, Treasuries and Accounts, New India Assurance Buildings, 4, Lyons Range, Kolkata - 700 00 I.

(H. K. DWIVEDI) Secretary to the Government of West Bengal

Finance Department

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THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31,2012

The West Bengal Tax on Entry of Goods into Local Areas Act, 2012.

(Chapter VI[J.-West Bengal Compensatory Entry Tax Fund and its utiliscuiorc=-Sections 15-18.)

CHAPTER VIII West Bengal Compensatory Entry Tax Fund and its utilisation

Establislnnent of fund.

15. (l) There shall be established for the purposes of this Act. a fund to be called the West Bengal Compensatory Entry Tax Fund.

(2) The Fund shall be under the control of the State Government and there shall be credited thereto-

(a) any sum of money credited under section 16;

(b) any sum of money credited under section l7; (c) any sum realised by the State Government in carrying out its function

under this Act or in the administration of this Act; (d) any fund provided by the Central Government for the development or

facilitating the trade, commerce and industry in the State as mentioned in section 18.

(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.

Crediting of proceeds 1O the Fund.

Grants and loans by State Government.

16. The proceeds of the levy under this Act shall first be credited to the Consolidated Fund of West Bengal, and the State Government may, if the State Legislature 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 Act.

17. The State Government may, after due appropriation made by the State Legislature by law in this force, credit in the Fund, by way of grants or loans, such sums or money as the State Government may consider necessary.

Utilisation of proceeds of levy.

18. (l) The proceeds of the levy under this Act, net of the cost of collection and incidental expenses, shall be utilized for the development or facilitating the trade, commerce and industry in the State which shall include the following:-

(a) construction, development and maintenance of roads and bridges for linking the market and industrial areas;

(b) construction, development and maintenance of transport hubs and cold storage facilities wherever possible;

(c) construction, development and maintenance of linking the markets and industrial areas to railway stations, ports, waterways and airports, wherever possible;

(d) construction, development and maintenance of railway over-bridges and sub-ways;

(e) creating infrastructure for supply of electricity and water to industries and other commercial complexes;

(f) creating, development and maintenance of other infrastructure for the furtherance of trade, commerce and industry in general;

(g) providing finance, aids, grants and subsidies for creating, developing and maintaining pollution free environment in the concerned areas;

(h) any other purpose connected with 'the development of trade, commerce and industry or for facilities relating thereto;

(i) providing finance, aids, grants and subsidies to local bodies and State Government agencies for the purposes specified above.

(PART III

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