Gujarat Gazette, Part Part -V Extra, 1994

Extra Ordinary Part - V / 1994

Extra No. Date

Department

Extra No.1     19-01-1994    Legislative & Parliamentary Affairs Department
Extra No.2     21-01-1994    Legislative & Parliamentary Affairs Department
Extra No.3     10-02-1994

Gujarat Legislature Secretariat

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Gujarat Legislature Secretariat

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Extra No.24    13-07-1994    Legislative & Parliamentary Affairs Department
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Gujarat Legislature Secretariat

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Extra No. 1

REGISTERED NO. G/GNR/2 .

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXV] WEDNESDAY , JANUARY 19 , 1994 /PAUSA 29 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-

THE GUJARAT MOTOR TRANSPORT VEHICLES TOLL ( AMENDMENT )

BILL , 1994 .

GUJARAT BILL NO . 1 OF 1994 .

A BILL

to amend the Gujarat Motor Transport Vehicles Toll Act , 1992 .

It is hereby enacted in the Forty-- fifth Year of the Republic of India as follows :

1. ( 1) This Act may be called the Gujarat Motor Transport Vehicles Toll (Amendment) Act , 1994 .

Short title and commen- cement .

(2) It shall be deemed to have come into force on the 1st September , 1993 .

Guj . 7 of

1992.

2. In the Gujarat Motor Transport Vehicles Toll Act, 1992 (hereinafter referred to as "the principal Act" ) , in section 3 , for sub -section (1) , the following shall be substituted, namely :-

Amend- ment of section 3 ofGuf. 7 of1992 .

59 of 1988.

"(1) Notwithstanding anything contained in any law for the time being in force, there shall be levied and collected a toll on every entry in the State of Gujarat , of a motor transport vehicle plying under a permit granted or deemed to have been granted ununder the Motor Vehicles Act , 1988 by an authority having jurisdiction out- side the State of Gujarat , at such rate not exceeding one hundred rupees per vehi- ole, as the State Government may, by notification in the Official Gazette, specify."

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[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 19-1-1994

Repeal           3. (1 ) The Gujarat Motor Transport Vehicles Toll (Amendment ) Ordinance , 1993  Guj .
and             is hereby repealed .                                                              Ord.
savings.                                                                                          3 of
                 (2) Notwithstanding such repeal, anything done or any action taken under the     1993 .
               principal Act as amended by the said Ordinance shall be deemed to have been done
               or taken under the principal Act as amended by this Act .

STATEMENT OF OBJECTS AND REASONS

The All India Motor Transport Congress which is a premier union of truck operators had demanded abolition of Pathkar (Toll) imposed by various States on such transport vehicles as are registered outside such States, at the time of their entry in those States . The Central Government was of the view that this impost is not conducive to the pro- motion of inter-State trade and commerce. It is feared that if this impost is not aboli- shed wherever it is in force , then every State will impost it leading to further barriers to inter -State trade and commerce which is not in the national interest . A general policy decision had been taken unanimously in a meeting called by the Transport Deve- lopment Council wherein the State Government was also a party to abolish Pathkar with effect from 1st September,, 1993. To compensate the States for loss of revenue on this account , it had been decided. to revise upward the rate of composite fees for Natio- nal permit. It was therefore , considered necessary to amend section 3 of the Gujarat Motor Transport Vehicles Toll Act , 1992 with a view to authorise the State Govern- ment to levy a toll on motor vehicles at such rate not exceeding rupees one hundred as may be specified by notification in the Official Gazette . Thus , the Act will as such re- main on the ' statute book , but no toll can be levied untill a notification to that effect is issued by the State Government .

As the Gujarat Legislative Assembly was not in session, the Gujarat Motor. Transport Vehicles Toll ( Amendment ) Ordinance , 1993 was promulgated to amend the Gujarat Motor Transport Vehicles Toll Act , 1992 for the aforesaid purpose . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

RAMSINH PARMAR,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative power in the following respect , namely :

Clause 2. Sub -section ( 1) of section 3 proposed to be substituted by this clause empowers the State Government to specify , by notification in the Official Gazette , the rate at which the toll, not exceeding one hundred rupees , per vehicle shall be levied.

The delegation of legislative power as aforesaid is necessary and is of a normal-- character .

RAMSINH PARMAR , Dated the 18th January, 1994 .

By order and in the name of the Governor of Gujarat ,

Smt . K. R. TRIVEDI,

Secretary to the Government of Gujarat , Gandhinagar, dated the 19th January, 1994 . Legislative and Parliamentary Affairs Department .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No.

REGISTERED NO. G/GNR/2.

सत्यमेव जयते

Te Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XXXV ] FRIDAY, JANUARY 21 , 1994/MAGHA 1 , 1915

arate paging is given to this Part in order that it may be filed as a separate complilation.

PART V

Billsduced in the Gujarat Legislative Assembly.

(To be translato Gujarati and the translation to be published in the Gujarat Government Gazete date of publication to be reported) .

The following L bublished with the consont of the Speaker given under the proviso to rule 12the Gujarat Legislative Assembly Rules:-

THE BOMENIMAL PRESERVATION ( GUJARAT AMENDMENT )

BILL, 1994.

RAT BILL NO . 2 OF 1994.

A BILL

further to the Bombay Animal Preservation Act , 1954.

WHEREAS it is nation giving them thendmed that cow and her progeny sustain the health of the heally balanced diet ; giving milk which is so essential an item in a scienti- :

AND WHEREAS they supply power miking bullocks are any other animal ; indispensable for our agriculture for AND WHEREAS

drawal of water from theing bullocks are often useful in ploughing the fields , and fodders also very useful for drawing carts for trans gricultural Market Yafields to the residences of farmers as well as to the transporting AND WHEREAS the and extremely useful forthe animal is cheaper than the artificial manures of bio -gas ;

AND WHEREAS it

a manner of speaking, thed that the back- bone of Indian agriculture is , in structure of the Indian ager progeny and have, on their back, the whole d its economic system ;

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INDEX [PART V 2-2

GUJARAT GOVERNMENT GAZETTE , EX. , 21-1-1994

AND WHEREAS it is expedient to give effect to the policy of the state towards securing the principles laid down in articles 47, 48 and in clauses b ) and (c ) of articles 39 of the Constitution of India and to protect , preserve and sustain cow and its progeny ;

It is hereby enacted in the Forty - fifth Years of the Republic of Inda as follows :-

1. (1) This Act may be called the Bombay Animal Preservation (fujarat Amend- ment) Act, 1994 .

(2) It shall be deemed to have come into force on the 23rd Sepimber , 1993 .

Short title and commen- coment .

2. In the Bombay Animal Preservation Act , 1954 (hereinafer referred to as the principal Act ") , in section 5,-

Bom. LXXII of 1954 .

(1) in sub -section ( 1A) , for clauses (c ) and (d) , the following uses shall be sub- stituted, namely :-

Amend- ment of section 5ofBom . LXXII of 1954.

"(c) a bull ;

(d) a bullock. " ;

(2) in sub -section (3) ,

(i) in clause (a) , sub -clauses ( ii ) and (ii) shall be delete :

(ii) in clause (b) , after the words " calf of a cow" , the words "bull or bullock" shall be inserted .

Guj . Orda 4 of 1993 .

3. ( 1 ) The Bombay Animal Preservation (Gujarat Amadment) Ordinance , 1993 is hereby repealed .

Repeal and savings .

(2) Notwithstanding such repeal , anything done or ay action taken under the principal Act as amended by the said Ordinance shall be semed to have been done or taken under the principal Act as amended by this Act

STATEMENT OF OBJECTS ANIREASONS

The existing provisions of the Bombay Animal Presvation Act , 1954 provides for prohibition against the slaughter of cow, calf of a co and the bulls and bullocks below the age of sixteen years . It is an establish fact that the cow and her progeny sustain the health of the nation by giving om the life giving milk which is so essential an item in a scientifically balanced die

The economy of the State of Gujarat is still prominantly agricultural. In the agricultural sector, use of animals for milch, draught, reeding or agricultural purposes has great importance . It has, therefore , become nessary to emphasise preservation and protection of agricultural animals like bullend bullocks . With the growing adoption of non -conventionalon- conventional energy sources like -gas plants , even waste material have come to assume considerable value . After cattle cease to breed or are too old to do work, they still continue to give dunfor fuel, manure and bio-gas and, therefore , they cannot be said to be useless . It ivell established that the backbone

INDEX

A 2-3 " PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 21-1-1994

of Indian agriculture is, in, a manner of speaking, the cow and her progeny and have, on their back, the whole structure of the Indian agriculture and its economic system .

In order to give effect to the policy of the State towards securing the principles laid down in articles 47, 48 and clauses (b) and (c) of article 39 of the Constitution of India, it was considered necessary also to impose total prohibition against slaughter of progeny of cow.

As the. Gujarat Legislative Assembly was not in session, the Bombay Animal Pre- servation (Gujarat Amendment ) Ordinance, 1993 to amend the said Act was pro- mulgated to achieve the aforesaid object in the interest of general public. This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

SHANKARJI THAKOR .

Dated the 19th January, 1994.

By order and in the name of the Governor of Gujarat ,

Smt . K. R. TRIVEDI,

Secretary to the Government of Gujarat . Lagislative And Parliamentary Affairs Department.

Gandhinagar , dated the 21st January, 1994.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 .

Extra No. 3 .

सत्यमेव जयते

The Gujarat Government GazetteU

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXV] THURSDAY, FEBRUARY 10, 1994 /MAGHA 21 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 10th February, 1994 by Shri Jaynarayan Vyas , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information.

"GUJARAT BILL NO . 3 OF 1994 .

THE GUJARAT FAMILY WELFARE BILL, 1993

A BILL

to control the population growth and provide measures to restrict the size of the family so as to provide opportunities for individual development and to attain family welfare in the State of Gujarat and for matters connerted therewith .

It is hereby enacted in the Forty- fourth year of the Republic of India as follows :-

1. (7) This Act may be called the Gujarat Family Welfare Act , 1993 .

(2) It extends to the whole of the State of Gujarat .

(3) It shall come into force on such date as the State Government may, by notifi- cation, in the Official Gazette , appoint .

Short title, extent and commen- cement .

2. In this Act , unless the context otherwise requires ,-

Defini- tions .

(a) "Public Servant " means;-

(2) any person in the service or pay of the State Government or remunerated by fees or commission for the performance of any duty by the State Government .

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GUJARAT GOVERNMENT GAZETTE , EX. , 10-2-1994

(ii) any person in the service or pay of a local authority or a Corporation established under the State or CentralAct or a body owned or controlled or aided by the State Government or a Government Company established by the State Governm Government under Sec. , 617 of the Companies Act, 1956 .

Bom . 59

of1949.

Guj. 34

of 1964 .

(b) "Local Body" means a body constituted under the Bombay Provincial Municipal Corporations Act , 1949 or the Gujarat Municipalities Act , 1963 or the Gujarat Panchayats Act. 1993 or any other Act under which a body is created or constituted in the State of Gujarat ;

Guj . 18

of1955 .

(c) "University " means any University established by law in the State of Gujarat and includes any other institution recognised by the University Grants Commission;

10 of 1955.

(d) "Public Distribution System " means a system under which essential commo dities such as , food grain , sugar , kerosin , cooking oil , etc. are provided through fair price shop on family card or regulated under the Essential Commodities Act , 1955 or any other Act or rules framed by the State Government ;

Bom: 61

of 1947 .

Guj . 18

of1973 .

(e) "Educational Institution" means an institution imparting primary or Secon- dary or higher education , recognised or registered under the Bombay Primary Education Act , 1947 or the Gujarat Secondary Education Act , 1973 or under any University established by law in the State of Gujarat or other Authority constituted under the State or Central Act ;

(f) "Specified Date " means a date specified for bringing into effect the provi- sions of this Act which shall be the date one year later than the date fixed under sub-section ( 3 ) of Section 1 .

3. A person shall be disqualified for the purposes enumerated in section 4 of this Act if he has more than two children:

Provided that nothing contained in this Section shall apply to any person- Disquali- fication on Violation of small family norm.

(a) having more than two children on the date of commencement of the Act or as the case may be , within a period of one year of such commencement, unless he begets an additional child after the said period of one year;

(b) having one child on the date of commencement of the Act or as the case may be, within a period of one year of such commencement, if a subsequent child birth results in the birth of more than one child .

Explanation . For the purposes of this 'Section, a person shall not cease to incur disqualification merely by reason of his giving his child in adoption.

4. A person disqualified under section 3 of this Act shall-

Disqualis .

(1) not be entitled to a membership of a local body;

(2) if he is a public servant, not be entitled to get-

fied personsnot entitled to certain benefits/ facilities .

(a) yearly increament or due promotion;

(b ) facilities such as advances for purchase of residential accommodation, vehicles and food-grains;.

(3) if he is a person working in the University or any other educational institu- tion as clerical or teaching staff. not he entitled to get yearly increament or due promotion.-

INDEX PART VI

3-3 GUJARAT GOVERNMENT GAZETTE , EX . , 10-2-1994

(4) not be entitled to avail medical facility in any hospital run by the State Government or by a local body or by any other authority receiving grant of the State Government .

(5) not be entitled to get any essential commodity from the fair price shop or avail any facility under the Public Distribution System .

(6) not be entitled to a new gas connection.

5. (1) The Director of Health and Medical Services shall take all necessary measures to create awareness of the provisions of this Act .

Functions ofDirec- tor of Health & Medical Services.

(2) The Director of Health and Medical Services of the State of Gujarat shall supervise the implementation of this Act and shall prepare a statement of breach of the provisions of this Act and shall cause it to be laid on the table of the Gujarat Legislative Assembly .

6. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purpose of this Act .

Power to make rules,

(2) Rules made under this section shall be laid before the State Legislature as soon as possible after they are made and shall be subject to such modifications or rescission as the State Legislature may make in the session in which they are so laid.

(3) Any modification or rescission so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .

STATEMENT OF OBJECTS AND REASONS

After independence, large scale socio - economic development activities have been undertaken by the State. Simultaneously, unchecked birth rate has adverse implica- tions on our socio - economic development, which has resulted in a very poor share of development to the individual. According to 1991 census , the population of India is 844.3 million and it is increasing by more than 17 million annually. Stabilization of. the population at the replacement level is the over-riding national priority.

In the world, countries like China, have taken drastic steps to control the birth rate. In India the Central Family Welfare Minister has also introduced a Bill in the Rajya Sabha so as to control the birth rate . In the scheme of Bill, it is sugges- ted that, provisions of the Act shall come into force after a long time of one year , so that everybody can know the impact of the provisions of this Act and restrict the size of their family. The main purpose of the Bill is to create awareness in the minds of the people to restirct the size of their family . If this is not done, the scope for the new development is very meagre . For family welfare and individual development this Bill is proposed.,

GANDHINAGAR ,

Dated the 22nd June, 1993 .

JAYNARAYAN VYAS , M.L.A.

INDEX 3-4

[PART V GUJÁRAT GOVERNMENT GAZETTE , EX. , 10-2-1994

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub -clause ( 3) of clause (1 ) empowers the State Government to specify the date on which the Act shall come into force .

Sub-clause (1) of the clause (6) empowers the State Government to make rules for carrying out the purposes of this Act .

The delegation of Legislative power as aforesaid is essential and of normal charao- tor.

Dated the 22nd June , 1993 .

JAYNARAYAN VYAS ,

M. L. A."

Gandhinagar,

Dated the 10th February, 1994 .

N. K. KATHIRIA ,

Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 4

REGISTERED NO . G/GNR/ 2

B-4R3od

The Gujarat Government Gazette

EXTRAORDINARY

4 PUBLISHED BY AUTHORITY

Vol . XXXV] THURSDAY, FEBRUARY 10 , 1994 /MAGHA 21 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill Introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 10th February, 1994 by Shri Motilal Vasava , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :---

"Gujarat Bill No. 4 of 1994.

THE GUJARAT TRIBAL AND FOREST WORKERS BILL, 1994

A BILL

to provide for the welfare of the Tribal and Forest Workers in the State of Gujarat, to regulate their employment and conditions of service and for matters connected therewith .

It is hereby enacted in the Forty- fourth year of the Republic of India as follows :-

CHAPTER- I

PRELIMINARY

1. (1) This Act may be called the Gujarat Tribal and Forest Workers Act , 1994.

(2) It extends to the whole of the State of Gujarat .

Short title, extent and commen cement.

(3) It shall come into force on such date as the State Government may, by notifi- cation in the Official Gazette , appoint .

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INDEX [PART V 4-2

GUJARAT GOVERNMENT GAZETTE , EX. , 10-2-1994

2. In this Act , unless the context otherwise requires--

Defini- tions.

(i) "Board" means an employment Guarantee Board constituted by the State Government under Section 14 of this Act .

( ii) " Conciliation Officer " , " Registering Officer " and " Inspector" mean the Officers appointed under Section 7 of this Act .

(iii) The words " employment " , " dispute", " worker ", "employer " shall have the same meaning as are assigned to them in the labour laws .

( iv) "Forest Workers Tribunal " means a Tribunal constituted under section 3 of this Act .

(2) "Fund" means the Tribal and Forest Workers, Welfare fund established under section 13 of this Act .

(vi) " prescribed" means prescribed by the State Government by rules made under this Act .

CHAPTER- II

TRIBAL AND FOREST WORKERS' TRIBUNAL AND OFFICERS

3. For the purpose of securing the Welfare of Tribal and Forest Workers the State Government shall, by notification in the Official Gazette , constitute a Tribal and Forest Workers' Tribunal consisting of a sole member, who shall be a tribal representing the tribal and forest workers .

Constitu- tion of Tribal and Forest Workers' Tribunal .

4. The term for which the member of the Tribunal shall hold office and other condi- tions of service shall be suchas may be prescribed ..

Term of office and conditi- tions of service of member of Tribunal .

5. The State Government may terminate the service of a member of the Tribunal before the expiry of the term of his office if such member :-

(i) is adjudged an insolvent, or

(ii) engages himself during his term of office , in any paid employment .

(iii) is , in the opinion of the State Government , unfit to continue in office by reason of infirmity of mind or body, or

Power of State Govern- ment to terminate appoint- ment before expiry of term .

(iv ) is convicted of an offence involving moral turpitude ,

6. The vacancy in the membership of the Tribunal shall be filled by the State Government as soon as practicable and in the manner as may be prescribed..

Filling of vacancy

INDEX 4-3 PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 10-2-1994

7. The State Government shall, by notification in the Official Gazette, appoint Regis tering Officers , Conciliation Officers and Inspectors whose powers , functions and condi- ment tions of service shall be such as may be prescribed .

Appoint- Regis- tering Officers, Conci- liation Officers and Inspectors

8. The headquarter of the Tribunal shall be at such place as the State Government may, by notification in the Official Gazette , determine .

Head Quarter of Tribunal

CHAPTER- III

SECURITY OF EMPLOYMENT AND WELFARE

9. The employer shall engage the Tribal and Forest Workers from the following Preferance
categories . for
employ-
(1) Tribal and Forest Workers who have worked as such for any time during ment as
seven previous years or part there of but not less than 240 days either continuously Tribal
or with a break . and
Forest
(2) Other workers of the same village ;, Workers.
(3) Workers of outside areas :
Provided that the workers of the succeeding category shall not be employed so long
as workers of prior categories are available and specific approval of the State Govern
ment for the same is obtained .
10. The payment of minimum wages to an illiterate worker shall be made in the Payment
presence of a literate Tribal or a Forest Worker of the same village as nominated by of
the Tribal and Forest Worker concerned. The employer shall obtain signature of the minimum
witness certifying such payment . wages .
11. The rates of wages for Tribal and Forest Workers shall be revised at least once Revision
in every two years in such manner as may be prescribed . of rates of
1 minimum
wages.
12. No employer shall reduce , directly or indirectly the wages of Tribal and Forest Employers
Workers for whatsoever reason , not to
reduce
wages.
13. ( I) The State Government shall establish fund to be called "The Tribal and Establish-
Forest Worker': Welfare Fund " for the Welfare of Tribal and Forest Workers . This ment of
fund shall consist of an employee's provident Fund to be deposited by an employer Tribal
and any default in depositing the contribution less than 10% of the salary paid shall and
be a cognisable offence . Forest
Workers
(2) The fund shall, vest in, and be administered by a committee consituted by the Welfare
State Government consisting of a Chairman who shall be a representative of the Tribal fund.
and Forest Workers belonging to Scheduled Tribes and one member each of the Goveru
ment and the employers.

INDEX 4-4

[PART V GUJARAT GOVERNMENT GAZETTE, EX. , 10-2-1994

(3) The rates of the contribution to the Fund to be made by the State Government and the employers to this Fund shall be such as may be prescribed but shall not be less than ten percent of the wages paid .

14. (1) The State Government shall constitute a Board to be called "The Employ- ment Guarantee Board" which shall consist of a Chairman who shall be a representative of the Tribal and Forest Workers belonging to Scheduled Tribes and one member each of the Government and the employers .

Constitu- tion of Employ ment Guarantee Board .

(2) The term of office , conditions of service, powers and functions of the Board shall be such as may be prescribed .

Guarantee of Employ- ment .

15. The Board shall endeavour to give employment atleast to one member of a family of the Tribal and Forest workers . If such employment is not provided within 15 days from the date of registration of the names of the tribal or forest worker with the Regis- tering Officer, he shall be given an unemployment allowance at the rate of minimum. wages per day for the period he remains unemployed .

CHAPTER IV

DISPUTES

16. (1) When an Employment dispute between an employer and Tribal and Forest workers exists or is apprehended , the Conciliation Officer may hold conciliation proceedings .

Settle- ment of employ- ment disputes .

(2) If a settlement of the dispute is arrived at in the course of conciliation pro- ceedings , the Conciliation Officer shall send a report thereof to the Labour Commi ssioner and the Secretary, Tribal Development Department of the State Government .

(3) If no such settlement is arrived at , the Conciliation Officer shall refer the dispute to the Tribal and Forest Workers' Tribunal which shall conclude its proceedings within thirty days from the date of the receipt of the reference and issue its award..

(4) The award of the Tribal and Forest Workers' Tribunal shall be final ..

CHAPTER V

PENALTIES AND PROCEDURE

17. (1) Any offence committed under this Act shall be cognisable offfence:

Cognis- able Offences . (2) Any aggrieved employee or anybody on his behalf may file a criminal pro- secution against the employer and the expenditure involved in such litigation shall be borne by the State Government .

gniz-

18. No court inferior or subordinate to that of a Judicial Magistrate of the First Class, shall be competent to take cognizance of offence under this Act .

+ Whoever commits an offence of non-payment or less payment or late of wages shall be punishable with imprisonment for a term which shall ss than one year but which may extend to three years or with . fine of one ees or with both .

INDEX PART VJ

4-5 GUJARAT GOVERNMENT GAZETTE , EX . , 10-2-1994

CHAPTER VI

MISCELLANEOUS

20. (2) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act .

Power to make rules.

(2) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication .

(3) All rules made under this section shall be laid before the State Legislature for not less than thirty days as soon as possible after they are made and shall be subject to such rescission or modification by the State Legislature as the State Legislature may make , during the session in which they are so laid or the session immediately following

STATEMENT OF OBJECTS AND REASONS

In Gujarat , the population of tribals goes to millions and it is mostly concentrated in the Tribal areas and also spread almost all over the State . The condition of the workers is , horrible . In most of the cases , they are not paid the minimum wages . Unemployment is the order of the day. Some times workers from out side areas are engaged at cheaper rates at the cost of the local labour and thus the local Tribal and Forest economy and economic conditions of the Tribal and Forest labourers are dislocated . So as to give protection safety and social security, and to confer rights and previleges to millions of Tribal Forest workers of the State of. Gujarat, a comprehensive legislation for them is an over- delayed necessity . By this piece of legislation an attempt is made in this direction .

MOTILAL VASAVA, M.L.A.

FINANCIAL MEMORANDUM

As comprehensive Bill for Tribal and Forest workers is to be introduced and it is going to cover the entire State, it will incur some financial liability to the State but looking to the complexities and intricacies it is very difficult to estimate the exact amount of anticipated expenditure or liability. However, it seems that at initial stage an amount of Rs . 50 lakhs would be sufficient to meet the purpoes of implementing the provision of this Bill ,

MOTILAL VASAVA, Μ.Σ.Α.

V-Extra-4-2

INDEX [PART V 4-6 GUJARAT GOVERNMENT GAZETTE, EX. , 10-2-1994

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 1:-Sub-clause (3) of Clause 1 empowers the State Government to appoint the date on which this Act shall come into force .

Clause 3: This clause empowers the State Government to constitute by a notifi- cation in the Official Gazette The Tribal and Forest Workers' Tribunal .

Clause 4: This clause empowers the State Government to prescribe the powers and functions of the Registering Officers , Conciliation Officers and Inspectors .

Clause 6 : This clause empowers the State Government to prescribe the manner to fill the vacancy in the membership of the Tribunal .

Clause 7 :-This clause empowers the State Government to appoint the Registering Officers, Conciliation Officers and Inspectors and prescribe their powers, functions and condition of services .

Clause 8 :-This clause empowers the State Government to determine the place for the Head Quarter of the Tribunal .

Clause 10 : This clause empowers the State . Government to prescribe the manner for revision of rates of minimum wages .

Clause 13 : This clause empowers the State Government to establish a Tribal and Forest workers' welfare Fund and the rates of contribution of Government and the employer to the fund.

Clause 14: This clause empowers the State Government to costitute the employ- ment Guarantee Board andto proscribe the term of office, conditions of service, the powers and functions of the Board:

Clause 20 : This clause empowers the State Government to make rules to carry out the purposes of the Act .

The above are matters of an administrative or routine nature, and therefore the delegation of Legislative power is of a normal character.

MOTILAL VASAVA, M.L.A."

Gandhinagar,

Date: the 10th February 1994. ,

N. K. KATHIRIA,

Secretary,

Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 ..

Extra No. 5

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XXXVJ FRIDAY , FEBRUARY 11 , 1994/MAGHA 22, 1915

Separate paging is given to this Part in order that it may be filed as a separate complilation .

PART V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill , which was introduced on 11th February, 1994 by Shri Narhari Amin, Minister for Education, is published under Rule 127 A of the Gujarat Legislative Assembly Rules, for general information: --

" THE DR . BABASAHEB AMBEDKAR OPEN UNIVERSITY BILL, 1994 .

GUJARAT BILL NO . 5 OF 1994 ..

A BILL

to establish and incorporate an Open University in the State of Gujarat for the introduction and promotion of the Open University and distance education system in the educational pattern of the State .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Dr. Babasaheb Ambedkar Open University Act, 1994.

Short title and commen- cement.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint .

2. In this Act, unless the context otherwise requires ,-

Definitions,

(1) "Authorities" means the authorities of the University specified in section 15 ;

(2) " Academic Planning Board " means the Academic Planning Board of the University constituted under section 17 ;

(3) "Board of Management" means the Board of Management of the University constituted under soction 16 ;

(4) " Chancellor " means the Chancellor of the University ;

(5) "distance education system" means the system of imparting education through any means of communication such as broadcasting, telecasting, correspon- dence courses , seminars, contact programmes or the combination of any two or more of such means ;

5-1

V-Extra- 5-1

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GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994.

(6) " employee" means any person appointed by the University , and includes teachers and other academic staff of the University ;

(7) " Finance Committee " means the Finance Committee of the University consti- tuted under section 18 ;

(8) "prescribed" means prescribed by the Statutes , Ordinances , Regulations or Rules made under this Act ;

(9) "recognised institution " means an institution established for research or specialised studies and recognised as such by the University ;

(10) "regional centre" means a centre established or maintained by the Univer- sity for the purpose of co -ordinating and supervising the work of study contres in any region and for performing such other functions as may be conferred on such centre by the Board of Management ;

(11) " school " means a school of studies of the University ;

(12) " Statutes" , " Ordinances " and "Regulations " means respectively, the Statutes , Ordinances and Regulations of the University made under this Act and for the time being in force ;

(13) " student " means a student of the University , and includes any person who has enrolled himself for pursuing any course of study of the University ;

શું (14) " study contre " means a centre established, maintained or recognised by the University for the purpose of advising, counselling , evaluating or for rendering any other assistance required by the students ;

(15) " teachers " means professors , readers , lecturers and such other persons as may be designated by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University ;

(16) " University " means the Dr. Babasaheb Ambedkar Open University establi- shed under section 3 ;

(17) "Vice - Chancellor" means the Vice-Chancellor of the University .

CHAPTER II

THE UNIVERSITY

3. (1) There shall be established a University by the name of 'the Dr. Babasaheb Ambedkar Open University' .

(2) The headquarters of the University shall be at Ahmedabad, and the University may establish, maintain or recognise institutes, schools , regional centres and study centres at such other places in the State as it may deeni fit .

Esta- blishment and incor- poration ofUni- versity.

(3) The first Vice - Chancellor, the first members of the Board of Management, the Academic Planning Board and Finance Committee and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted and declared to be a body corporate by the name of 'the Dr. Babasaheb Ambedkar Open University' ; and the University shall have perpetual succession and a common seal and shall sue and be sued by the said name .

Objects of Uni- versity

4. The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication techno- logy, to provide opportunities for higher education to a larger segment of the popu- lation and to promote the educational well being of the community generally, to encourage the Open University and distance education system in the education pattern of the State.

INDEX PART V

5-3 GUJARAT GOVERNMENT GAZETTE, EX. , 11-2-1994

5. The University shall have the following powers, namely :-

Powers of Uni- versity.

( i) to provide for instruction in such branches of knowledge , technology, voca- tions and professions as the University may determine from time to time and to make provision for research , advancement and extension ;

( ii) to plan and prescribe courses of study of degree, diplomas , certificates or for any other purpose ;

( iii) to hold examination or test and confer degrees, and diplomas on, and grant certificates or other academic distinctions or recognitions to persons who have pursued approved course of study in the University or conducted research in the manner laid down by the Statutes and Ordinances ;

( iv) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes ;

(v) to withdraw or cancel any degree, diploma or certificate conferred or granted by the University in the manner prescribed by Statutès ;

( vi ) to determine the manner in which distance education system in relation to the academic programmes of the University may be organised ;

(vii) to institute professorships, readerships , lecturerships , and other academic posts necessary for imparting instruction or for preparing educational material or for conducting other academic activities , including guidance, designing and delivery of course and evaluation of the work done by the students and to prescribe their qualifications ;

(viii) to appoint , engage or recognise persons as teachers ;

(ix) to lay down the courses of instruction for the various examinations ;

(x) to co-operate with, and seek the co - operation of, other Universities and institutions of higher learning, professional bodies and organisations for such purpose as the University , may determine ;

(xi ) to hold and manage trusts and endowments and institute and award fellowships, scholarships , medals , prizes and such other awards for recognition of `merit ;

(xii) to establish, maintain or recognise such regional centres as may be deter- mined by the University from time to timé ;

(xiii) to establish, maintain or recognise study centres in the manner laid down by the Statutes ;

(xiv) to inspect regionalnal centres, study centres and recognised institutions and to take measures to ensure that proper standards of instruction, teaching and training are maintained in them and that adequate library and laboratory provi- sions are made therein ;

(ου) to provide for the preparation of instructional materials including films, cassettes , tapes , video cassettes and other software ;

(xvi ) to organise and conduct refresher courses, workshops, seminars and other programmes for teacher, lesson writers, evaluators and other academic staff ;

(xvii) to organise common laboratories, libraries, museums and other equipment for teaching and research ;

as (xviii) to recognise examinations of, or periods of study ( whether in full or part) at, other Universities , institutions or other places of higher learning equivalent to examinationsons or periods of study in the University , and to withdraw such recognition at any time ;

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GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

((xix) to make provision for research and development in educational technology and matters related thereto ;

(xx ) to create administrative, ministerial and other posts as the University may deem necessary from time to time and to make appointments thereto;

(xxi ) to receive benefications , donations and gifts for educational and other social or national causes and maintain proper accounts thereof;

(xxii ) to acquire , hold and manage property both movable and immovable , to lease, sell от otherwise transfer or dispose of any property moveable or immovable , which may vest in, or be acquired by it , for the purposes of the University, and to contract and do all other acts and things necessary for the purposes of this Act :

Provided that no such lease , sale or transfer of immoveable property shall be made without the prior consent of the State Government :

Provided further that where the State Government is satisfied that any such property may, in the interest of the University, be given on lease, sold or other- wise transferred or disposed of, the State Government shall issue necessary directions. to the University and the University shall comply with such directionsons forthwith ;

(xxiii) to borrow, with the approval of the State Government , whether on the security of the property of the University or otherwise , money for the purposes of the University ;

(αχίν) to enter into, carry out , vary or cancel contracts ;

"(xx ) to fix, to demand and receive such fees and other charges , as may be prescribed by the Ordinances ;

(xxvi ) to provide , control and maintain discipline among the students of the University ;

(xxvii) to lay down and regulate the salary scales , allowances and other condi tions of service of the employees and the members of the teaching , other academic and non-teaching staff of the University and their code of conduct ;

(xxviii) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition ;

(xxix) to engage , either on contract or otherwise , visiting professors , emeritus professors , consultants , fellows , scholars , artists , course writers , and such other persons who may contribute to the advancement of the objects of the University ;

[(xxx ) to conduct , co -ordinate , supervise , regulate and control post -graduate teaching and research work in the University;

(xxxi ) to recognise persons working in other Universities , institutions or organi- tions as teachers of the University on such terms and conditions as may be laid down by the Ordinances ;

(xxxii) to determine standards and to specify conditions for the admission of students to course of study of the University which may include examination, evaluation and any other method of testing ;

(xxxiii ) to take disciplinary action against the students of the University and to impose such punishments upon them as may be deemed fit for breach of discipline or misconduct , within or outside the University including the use of unfair means at an exexamination or in relation thereto by themselves or by any other persons or abetment thercof ;

INDEX 5-5 GUJARAT GOVERNMENT GAZETTE , EX . , 11-2-1994

PART V]

( xiv ) to make arrangements for the promotion of the general health and wel- fare of the students and the employees ;

(xxxv ) to do all such other acts as may be necessary or incidental to the exercise of all or any of the powers of the University and conductive to the promotion of the bject of the University.

Jurisdi- ction.

6. The University shall , in exercise of its powers , have jurisdiction over the whole of the State of Gujarat .

Univer- sity open to, all classes, castes and creeds .

7. ( 1) The University shall be open to persons of either sex and of whatever race, creed , caste or class and it shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to sex , race , creed , caste, class or religious belief or profession or political or other opinion in order to entitle him to be appointed as a teacher of the University or to hold any other office or post therein or admitted as a student in the University or to graduate thereat , or to qualify for any degree, diploma or other academic distinction or to enjoy or exercise any privilege of the University or any benefication thereof.

(2) Nothing in sub -section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of per- sons belongingto the weaker sections of the society , and in particular , of person belonging to the Scheduled Castes or Scheduled Tribes , in accordance with the directives , if any, given from time to time by the State Government .

CHAPTER III

OFFICERS OF THE UNIVERSITY

8. The following shall be the officers of the University, namely:-

( i) the Chancellor;

Officers of Uni- versity.

(ii) the Vice-Chancellor ;

(iii) the Directors:

( iv) the Registrars ; and

(v) such other officers in service of the University as may be declared by the Statutes to be officers of the University.

9. (1) The Governor of Gujarat shall be the Chancellor of the University..

Chancellor and his powers.

(2) The Chancellor shall be competent to call from time to time such information or records relating to any affairs of the University, and the Vice- Chancellor shall fur- nish the same. It shall also be lawful for the Chancellor, after perusal of such infor- mation or records , to give in the interest of the University , directives to the Vice- Chancellor as he deems fit , and the Vice -Chancellor shall comply with such directives .

(3) Subjectto the provisions of sub -sections (4) and (5) , the Chancellor shall have the right to cause an inspection to be made , by such person or persons as he may direct, of the University , its buildings, libraries, laboratories and equipments and of any regional centre or a study centre and so also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in fespect of any matter connected with the administration and finances of the University.

(4) The Chancellor shall, in every case, give notice to the University of his inten- tion to cause an inspection or inquiry to be made and the University shall , on receipt of such notice, havehave thethe rightri to make , withinithin thirty days from the date of receipt of the notice or such other period as the Chancellor determine, such representation, to him as it may consider necessary.

(5) After considering the representation, if any,ny, made by the University, the Chancellor may cause to be made such inspection or inquiry as is referred to in sub- section (3) .

(6) Where an inspection or inquiry has been caused to be made by the Chancellor , the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard at such inspection or inquiry . V-Extra - 5-2

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[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 11-2-1994

(7) The Chancellor may address the Vice -Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Chancellor may be pleased to offer and on receipt of the address made by the Chancellor , the Vice-Chancellor . shall communicate forthwith to the Board of Management the result of the inspection or inquiry and the views of the Chancellor and the advice tendered by him with regard to the action to be taken thereon.

(8) The Board of Management shall communicate through the Vice -Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it on the result of such inspection or inquiry ..

(9) Where the Board of Management does not take actionto the satisfaction of the Chancellor within a time limit fixed by the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Board of Manage- ment, issue such direction as he may think fit and the Board of Management sha boundto comply with such direction . shall be

(10) The State Government may, whenever it deems fit , cause a like inspection or inquiry to be made in the manner described in sub -sections (2) to (9) and shall have, for the purposes of such inspection or inquiry, all the powers of the Chancellor under the said sub -sections .

Vice- Chance-

10. (1) The Vice -Chancellor shall be appointed by the State Government from amon- gst three persons recommended under sub-section (3) by a Committee appointed for the purpose under sub-section (2) .

(2) (a) For the purposes of sub - section ( 1) , the Chancellor shall appoint a committee which shall consist ofthe following members , namely:

(i) one member not connected with the University to be nominated in the manner prescribed by the Statutes by the Board of Management .

(ii) one member to be nominated in the manner prescribed by the Statutes by the Vice-Chancellors of all the Universities established by law in the State of Gujarat;

(iii) one member to be nominated by the Chancellor .

(6) The Chancellor shall appoint one of the three members of the committee as its Chairpersor .

(3) The Committee so appointed shall within a reasonable time select three persons whom it consider fit for being appointed as Vice - Chancellor and shall recommend to the State Government the names of the persons so selected together with such other parti- culars as may be relevant :

Provided that, as far as possible , the Committee shall not select any such person who has already attained the age of 65 years .

(4) The Vice -Chancellor shall hold office for a term of three years and he shall be eligible for re -appointment to that office for a further term of three years :

Provided that the State Government may require any Vice - Chancellor after his term has expired, to continue in office for such period not exceeding a total period of one year as may be specified by the State Governmer.t .

(5) The emoluments to be paid to the Vice-Chancellor, and the terms and conditions subject to which he shall hold office , shall be such as may be prescribed by the Statutes .

11. The Vice - Chancellor shall be the principal academic and executive officer of the University, and shall exercise the power of supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

Powers of Vice- Chance Ilor,

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GUJARAT GOVERNMENT GAZETTE, EX. , 11-2-1994

(2) Notwithstanding anything contained in this Act , if the Vice- Chancellor is of the opinion that immediate action is necessary on any matter, he may exercise any power conferred on any authority of the University by or under this Act and shall inform to such authority, about the action taken by him on such matter:

Provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor whose decision thereon shall be final :

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice - Chancellor under this sub -section shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice Chancellor .

(3) Notwithstanding anything contained in this Act , the Vice-Chancellor , if he is of the opinion that any decision or order of any authority is beyond the powers of the authority conferred on it or is inconsistent with the provisions of this Act , Statutes , Ordinances, Rules or Regulations or that any decision taken is not in the interest of the University or is likely to lead to breach of peace, he may ask the authority con- cerned to review its decision within sixty days of such decision and if the concerned authority refuses to review its decision either in whole or in part as directed by the Vice- Chancellor or no decision is taken by it within the said period of sixty days, the matter shall be referred to the State Government whose decision thereon shall be final:

Provided that the decision of the authority concerned shall remain in abeyance during the period of review of such decision by the authority or the State Government, as the case may be , under this sub -section .

(4) Where the authority after reconsideration, revises or modifies the decision or order in the manner stated by the Vice - Chancellor, such revised or modified decision or order shall revive from the date of such revision or modification .

(5) It shall be the duty of the Vice- Chancellorto ensure that this Act, theStatutes , Ordinances, Regulations and Rules are faithfully observed and he shall have all powers necessary for this purpose.

(6) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed bythe Statutes and Ordinances.

Directors .

12. The Directors shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by rules made by the State Government and shall exercise such powers and perform such duties and functions, as may be pre- scribed by the Statutes .

Regis trar .

13. (1) The Registrar shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by rules made by the State Government .

(2) A Registrar empowered by the Board of Management shall have the power to enter into and sign agreements and contracts and authenticate records on behalf of the University .

(3 ) The Registrar shall exercise such powers and perform such duties and functions as may be prescribed by the Statutes .

Other officers.

14. The manner of appointment , emoluments , powers and duties of the other officers of the University shall be such as may be prescribed by the Statutes .

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

Authori- 15. The following shall be the authorities of the University, namely :-

(i) the Board of Management ;

ties of Univer- sity.

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[PART.V GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

(ii) the Academic Planning Board ;

( iii) the Finance Committee;

(iv) such other authorities as may be declared by the Statutes to be the authori- ties of the University .

16. (1) The Board of Management shall be the principal executive body of the University.

Board of Manage- ment .

(2) The constitution of the Board of Management , the term of office of its members. and its powers and functions shall be such as may be prescribed by the Statutes.

Acade- mic Planning Board .

17. (1) There shall be constituted an Academic Planning Board of the University which shall be the principal academic and planning body of the University . The Board shall be responsible for the maintenance of standards of learning , education , instruction evaluation and examination within the University and shall also be responsible for the monitoring of the developments of the University and shall exercise such powers and perform such other duties and functions as may be conferred or imposed upon it by the Statutes .

(2) The constitution of the Academic Planning Board, the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes .

18. The constitution, power, duties and functions of the Finance Committee shall be such as may be prescribed by the Statutes.

Finance Commi- ttee.

Other authori- ties.

19. The constitution, powers , duties and functions of the other authorities which may be declared by the Statutes to be the authorities of the University shall be such as may be prescribed by the Statutes .

CHAPTERV

STATUTES , ORDINANCES , REGULATIONS AND RULES

Statutes .

20. Subject to such conditions as may be prescribed by or under the provisions of this Act , the Statutes may provide for all or any of the following matters, namely :-

(a) the powers, duties and functions that may be exercised and performed by the Vice-Chancellor ;

(b) the emoluments and other conditions of service of the Vice- Chancellor ;

(c) the manner of appointment and emoluments of the officers , and the powers , duties and functions that may be exercised and performed by the Directors , Regis trar and other officers ;

(d) the constitution of the Board of Management and other authorities of the University, the term of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities ;

(e) the manner of appointment of teachers and other employees of the Uni- versity, qualifications , code of the conduct and other conditions of service includ- ing the manner of termination of service and other disciplinary action;

(f) the acceptance and management of trusts, bequests , donations and endow- ments;

(g) conferment of honorary degrees;

(h) holding of convocations to confer degrees ;

(i) institution and maintenance by the University of departments , centres of research or specialised studies and post-graduate centres ;

(j) registration of graduates and maintenance of register of registered graduates ;

(k) procedure at meetings of the authorities of the University and for the transaction of their business ;

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GUJARAT GOVERNMENT GAZETTE, EX . , 11-2-1994

(1) the maximum number of students to be admitted in the study centres ;

(m) all other matters which , by or under this Act , are to be, or may be pres-, cribed by the Statutes .

21. (1) The first Statutes shall be framed by the State Government .

Statutes howmade.

(2) The Board of Management may, from time to time , make new or additional Statutes or may amend or repeal the Statutes referred to in sub -section (1) :

Provided that the Board of Management shall not make , amend or repeal any Statute affecting the status , powers or constitution of any authority of the Univer- sity until such authority has been given a reasonable opportunity to express , within time fixed by the Board of Management, its opinion in writiwriting on the proposed changes and any opinion so expressed has been considered by the Board of Manage- ment .

(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall be presented to the Chancellor , who may assent thereto or withhold assent or remit to the Board of Management, for reconsideration in the light of the observations, if any, made by him .

(4) A new Statute or a Statute amending or repealing the existing Statute shall not be valid unless it has been assented to by the Chancellor .

22. (1) Subject to the provisions of this Act and the Statutes , the Ordinances may provide for all or any of the following matters , namely:-

Ordina noes .

(a) the admission of students , the courses of study and the fees thereof, the qualifications pertaining to degrees , diplomas , certificates and other courses , the conditions for the grant of fellowships , awards and like ;

(b) the conduct of examinations , including the terms and conditions for the appointment of examiners , moderators and such other staff and their duties;

(i) fixation of examination fees and emoluments , travelling and other allow- ances to be paid to the examiners, moderators and such other staff appointed

(ii) payment for teachers, lesson writers , evaluators and other academic staff appointed for organisation and conducting refresher courses , workshop , seminars and other programmes;

( iii) rates of tution fees and other charges receivable from the students ;

(iv) rates of remmuneration to visiting profeessors, emeritus professors , con- sultants , fellows , scholars , artists, course writers ;

(d) the conduct and discipline of the students and the action to be taken against them for breach of discipline or misconduct , including the following, namely:

(i) use of unfair means at an examination or in relation thereto, by himself or by any other student , or abetment thereof ;

(ii) refusal to appear or give evidence in any authorised inquiry by an officer incharge of an examination, or by any officer or authority of the Uni- versity; or

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( iii) disorderly or otherwise objectionable conduct whether within or outside the University;

(e) the conduct of examinations and other tests , and the manner in which the candidates may be assessed or examined by the examiners ;

(f) the inspection of regional centres , study centres and recognised institution;

(g) the mode of execution of contracts or agreements for, or on behalf of, the University;

(h) the rules to be observed and enforced by study centres and recognised institutions regarding transfer of students ;

(i) the holding of convocations, to confer degrees , diplomas, to grant certi- ficates and other academic distinctions ;

( j) collaboration with other Universities in the State , other statutóry authorities and with departments of the State Government ;

(k) the appointments, for a specified peroid or periods of teachers and other academic staff working in any other University or organisation for undertaking joint projects;

(1) . the principles governing the seniority of service of the employees of the University;

(m) the procedure for the settlement of dispute between the University and the students; :

(n) provision for reservation of adequate number of posts of teachers , officers and other employees of the University for the members of the Schedule Castes and Scheduled Tribes;

(p) generally all matters for which provision is in the opinion of the Board of Management necessary for exercise of the powers conferred or the performance of the duties ;

(g) any other matter which by this Act or the Statutes is to be, or may be , provided for by the Ordinances .

(2) The first Ordinances shall be made by the Vice -Chancellor or in his absence by the Board of Management with the previous approval of the State Government and the Ordinances may be amended , repealed or added to at any time by the Board of Management in such manner as may be prescribed by the Statutes.

Regula- tions .

23. The authorities of the University may, subject to the approval of the Board of Management , make regulations consistent with this Act, the Statutes and the Ordi- nance for the conduct of their own business and that of the committees , if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances , in such manner as may be prescribed by the Statutes .

24. ( 1) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act .

Power to make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules maybe made forallor any of the following matters, namely :-

(a) manner of appointment , emoluments and other conditions of service of the Directors under section 12 ;

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GUJARAT GOVERNMENT GAZETTE , EX. , 11-2--1994

(6) manner of appointment , emolument and other conditions , of serviceservice of the Registrar under section 13; and

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State, Legisla- ture may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be publi- shed in the Official Gazette and shall , thereupon, take effect .

CHAPTER VI

FINANCE

25. (1) The University shall establish a fund to be called the University Fund. Univer- sity fund .

(2) The following shall form part of, or be paid into , the University fund, namely : -

(a) all contributions or grants made by the State Government , the Central Govern- ment , the Indira Gandhi National Open University and the University Grants Commission;

(b) the income of the University from all sources whatsoever including income from fees and charges;

(d) any sums borrowed from the Banks , with the previous permission of the State Government .

(3) The University shall have , and maintain, a Contingency Fund under a separate head in the University accounts, to which shall be credited such sums as may, from time to time, be granted as contributions or grantby the State Government specially for this purpose . Such Fund shall be used only for making advances for the purpose of meeting unforeseen expenditure .

(4) With the previous sanction of the State Government , any portion of the Univer- sity Fund may from time to time , be credited by the University to a separate head in the University accounts:

Provided that there shall be credited and debited to such special head only such sums as shall expressly relate to the objects for which such separate fund is created:

Provided further that the Board of Management may, by passing a special resolu- tion, authorise transfer of any amount temporarily from one head to another in the University accounts .

II of 1934 .

(5) The University Fund shall , at the discretion of the Board of Management, be kept in the State Bank of India, or in any Scheduled Bank as defined in the Reserve Bank of India Act , 1934, which holds a licence issued by the Reserve Bank of India under section 22 of the Banking Regulation Act , 1949 .

10 of 1949 .

Annual financial estimate..

26. ( 1) The annual financial estimates of the University for the ensuing financial year shall be prepared under the direction of the Board of Management , at least five months before the commencement of the financial year .

(2) The financial year of the University shall be the same as that of the State Government.

(3) The financial estimates shall be submitted to the Board of Management for its approval.

INDEX 5-12

GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

[PART V

(4) The Board of Management shall thereafter forward the copies of the financial estimates to the State Government .

27. ( 1) The annual statement of accounts of the University for a financial year shall be prepared under the direction of the Board of Management within a period of three months , after the close of the financial year .

Annual accounts and audit .

(2) The annual accounts as approved by the Board of Management shall be audi- ted by the Auditor appointed by the State Government ,

copy (3) The annual accounts, as approved by the Board of Management together with the copy of the audit report and & of the statement showing the action taken by the University on the objections and points raised by the Auditor in his previous reports, shall be forwarded by the Board of Management as soon as possible and in any case, within the period of nine months from the end of financial year to the State Government and to the Auditor appointed by the State Government .

(4) It shall be competent for the State Government to give directions to the Univer- sity regarding the manner in which the accounts relating to certain specific activities or schemes shall be maintained or to take necessary action against the authority, the officer or any employee of the University found guilty in the audit report for commi- tting irregularities and the University shall act accordingto the direction of the State Government .

Annual Report .

28. (1) The annual report of the University shall be prepared under the directions of the Board of Management which shall include , among other matters, the steps taken by the University towards the fulfilment of its objectives .

29. ( 1) Without obtaining the prior approval of the State Governemnt or any : officer authorised by it in this behalf, the University shall not-

(2) create any new post of officers, teachers or other employees ;

Finan- cial con- trol of State Govern- ment .

(ii) revise the pay, allowances, post -retirement benefits and other benefits having financial implications offered to its officers, teachers and other employees ;

(iii) incur any expenditure on any development work .

(2) Any post created , any financial benefits offered to its officers , teachers and other employees or any expenditure incurred on any development work , without the prior approval of the State Government or such authorised officer , may be treated as unapproved expenditure for the purposes of payment of grant -in-aid .

CHAPTER VII

SUPPLEMENTARY PROVISIONS

30. (1) Every employee of the University shall be appointed under written contract and such contract shall not be inconsistant with the provisions of this Act, the Statutes and the Ordinances .

Condi- tions of service of emp- loyees.

(2) The contract referred to in sub -section(1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned.

INDEX PART VJ

5-13 GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

ofArbitra- Tribunal tion .

X ef 1940.

31. Any dispute arising out of a contract between the University and any officericer or teacher of the University shall , on the request of the officer or teacher concerned, be referred to a Tribunal of Arbitration consisting of one member nominated by the Board of Management , one member nominated by the officer or teacher concerned and an umpire to be nominated by the Chancellor . The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal . Every such request shall be deemed to be submission to arbitration upon the terms of this section within the meaining of the Indian Arbitration Act, 1940, and the provisions of that Act shall apply accordingly. :

Delega- tion of powers .

32. Subject to the provisions of this Act and the Statutes , any officer or authority of the University may, by order , delegate his or its powers , except the power to make Statutes , Ordinance , and Regulations to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating them .

33. (1) Where any question arises as to

(a) the interpretation of any provision of this Act or any Statutes , Ordinances Regulations or Rules , or

(b) whether any person has been duly appointed as, or is entitled to be, a member of any authority or other body of the University,

: Disputes as to constitu- tion of University Authori- ties and bodies .

the matter shall be referred to the State Government whose decision thereon shall be final .

(2) Any nominee or ex - officio member appointed on any authority or body of the University shall be deemed to have vacated his office , whenever his nomination or appointment is cancelled by the authority concerned or he ceases to hold office by virtue of which he has been a member of the authority or body of the University.

casual vacancy. Filling of 34. When any vacancy occurs in the office of a member (other than an ex- officio member) of any authority or other body of the University before the expiry of the term of office of such member, the vacancy shall be filled up, as soon as conveni- ently may be , by appointment or co - option, as the case may be , of a member who shall hold office so long only as the member in whose place he has been appointed or co-opted would have held it, if the vacancy had not occured .

35. No act or proceedings of any authority or any other body of the University shall be invalidated merely by reason of any vacancy in its membership .

Procee- dings not inva- lidated by vacan- cies.

36. It shall be the duty of every authority and officer of the University to ensure that the interest of the University is duly safe -guarded .

Autho- rities and officers to be respon- sible.

37. No suit or other legal proceedings shall lie against any officer, employee or authority of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act , the Statutes, the Ordinances, the Regulations or the Rules .

V-Extra-5-4

Protec- tion of action taken in good faith.

INDEX 5-14

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

Mode of proof of Univer- sity record.

resolution of 38. A copy of any receipt, application,lication, notice, order, proceecdings , rese any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be admitted as evidence of the matters and trans- actions specified therein , where the original thereof would, if produced, have been admissible in evidence .

Power to remove difficu- Ities .

39. If any difficulty arises in giving effect to the provision of this Act , the State Government may by order, published in the Official Gazette, make such provisions , not inconsistant with the provisions of this Act , as appears to it to be necessary or expendient for removing the difficulty.

40. Notwithstanding anything contained in this Act and the Statutes-

Transi- tional provi- sions.

(a) the first Vice -Chancellor and the first Registrar shall be appointed by the State Government as soon as practicable after passing of this Act , for a period not exceeding three years on such terms and conditions as the State Government thinks fit .

(b) the first Board of Management shall consist of not more than fifteen members who shall be nominated byby thethe State Government and they shall hold office for a term of three years .

(c) the first Academic Planning Board shall consist of not more than eleven members who shall be nominated by the State Government and they shall hold office for a term of three years .

(d) the first Finance Committee shall consist of not more than seven members who shall be nominated by the State Government and they shall hold office for a term of three years .

INDEX 5-15 PART V ]

GUJARAT GOVERNMENT GAZETTE , EX . , 11-2-1994

STATEMENT OF OBJECTS AND REASONS

The Open University shall endeavour through education training and extention to play positive role in the development of the State, and based on rich heritage of the State to promote and advance the culture of the people of the State , the State Govern- ment has decided to start an Open University to impart higher education in the regional language. The following notes on clauses explain some of the important provisions of the Bill :--

Clause 1. This clause provides for short title and commencement .

Clause 2. This clause provides for definitions .

す

Clauses 3 to 7. These clauses provide for the establishment and incorporation, objects, powers and the jurisdiction of the University .

Clauses 8 to 14.- These clauses relate to officers of the University and their powers , duties and functions .

Clauses 15 to 19.-These clauses relate to the constitution of different authorities of the University and their powers , duties and functions .

Clauses 20 to 24.- These clauses relate to the making of Statutes, Ordinances, Regulations and Rules by certain Authorities .

Clause 25. This clause provides for University fund.

Clauses 26 to 29.-These clauses provide for the preparation of the annual financial estimates, annual account , audit, annual report and the financial control of the State Government .

Clause 30. This clause provides for the conditions of service of employees of the University.

Clause 31. This clause provides for the Tribunal of Arbitration in case of dispute arising out of a contract between the University and any officer or teacher of the University.

Clause 32. This clause provides for delegation of powers to any officer or authority of the University.

Clause 33. This clause provides for reference of disputes as to the interpretation of Act or constitution of University authorities or bodies to the State Government and finality of the decision of the State Government.

Clauses 34 to 37.- These clauses provide for filling up of casual vacancies , proceed- ings of any authority of University are not invalidated by vacancies, interest of Uni- versity is to be safeguarded by the officers and authority and indemnify any officer or employees of the University for his action done or intended to be done in good faith .

Clause 39. This clause provides for the powers of the State Government to remove difficulty.

Clause 40. This clause makes provision for appointment of the first Vice-Chancellor and the Registrar for a period not exceeding three years after passing of the Act. It also, provides for the constitution of the first Board of Management, Academic Planning Board and Finance Committee for a term of three years.

NARHARI AMIN,

INDEX 1

5-16

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

FINANCIAL MEMORANDUM

Sub -clause (2) (a) of clause 25 of the Bill contemplates payment of contribution or the grant to the University among others by the State Government . This provision, if enacted, and brought into operation would involve an estimated annual recurring expenditure of rupees two crores and forty-one lakhs from the Consolidated Fund of the States towards the grants to be made to the University.

NARHARI AMIN,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill provides for delegation of legislative powers in the following respectes:-

Clause 1. Sub-clause (2) of this clause empowers the State Government to appoint , by notification in the Official Gazette, the date on which the Act shall come into force .

Clause 5.(i) This clause empowers the concerned authority of the University to prescribe the powers specified in that clause.

(ii) Sub -clause ( iii) of this clause empowers the concerned authority of the University to prescribe the manner in which approved course of study are to be pursued, the examination and tests to be passed and conditions under which research is to be carried on by persons on whom the University may confer degree and diplomas and to whom it may grant certificate.

(iii) Sub -clause ( iv) empowers the Board of Management to prescribe by Statute the manner in which honorary degrees or other academic distinticion are to be conferred by the University.

( iv) Sub -clause (v) empowers the Board of Management to prescribe by Statutes the manner in which the University may withdraw or cancel any degree , diploma or certificate conferred or granted by the University.

(v) Sub -clause ( vi ) empowers the University to determine manner in which distance education in relation to academic programme of University may be organised.

(vii) Sub -clause (vii) empowersowers the University to prescribe the qualification for the posts of Professor, Reader, Lecturer and other academic posts .

(viii) Sub-clause. ( it) empowers the University to lay down the courses of instruction for various examinations .

(ix) Sub -clause (xiii) empowers the Board of Management to establish , main- tain or recognise study centres in the manner laid down in Statute .

(x) Sub -clause (av) empowers the Board of Management to prescribe by Ordi- nances, the fees and other charges to be fixed , demanded or received by the University.

(xi) Sub -clause (xzzi) empowers the Board of Management to recognise person working in other Universities, instutitions or organisations on suoh terms and condi- tions as laid down in the Ordinance .

(xii) Sub -clause (azzii) empowers the University to determine the standard and specify the conditions for admission of students to the courses of study.

INDEX PART V ]

5-17 GUJARAT GOVERNMENT GAZETTE , EX. , 11-2-1994

Clause 8.- This clause empowers the Board of Management to declare by Statutes other officers in the service of University to be officers of the University .

Clauss 10-( i ) Sub -clause ( 2) ( a) ( i) of this clause empowers the Board of Management to nominate one Member not connected with the University, on the Committee in the manner prescribed by Statutes and sub -item ( ii) empowers the Vice-Chancellors of all University to nominate one Member on the Committee in the manner prescribed by Statutes .

( ii) Sub -clause (5) of this clause empowers the Board of Management to determine by the Statute the emoluments to be paid to the Vice - Chancellor and the terms and conditions subject to which he shall hold office .

Clause 11. Sub-clause (6) of this clause empowers the Vice - Chancellor to exercise such other powers and perform such function as may be prescribed by Statutes and Ordinances.

Clause 12. This clause empowers the State Government to prescribe by rules the . manner, the emoluments and conditions of service on which the Directors shall be appointed.

に

Clause 13.-( i ) Sub -clause ( 1) of this clause empowers the State Government to prescribe the manner, the emoluments and conditions of service on which Registrar shall be appointed .

( ii) Sub - clause (3 ) of this clause empowers the Registrar to exercise such powers and perform such duties and functions as may be prescribed by the Board of Management by the Statutes .

Clause 14. This clause empowers the Board of Management to prescribe by Sta- tutes the manner of appointment , emoluments and the powers and duties of the other officers of the University .

Clause 15. Item ( iv) of this clause empowers the Board of Management to de- clare by Statute , such authorities to be the authorities of the University .

Clause 16. Sub-clause (2) of this clause empowers the Board of Managementto prescribe by Statute its constitution, the term of office of its members and its powers and functions .

Clause 17. Sub- clause (2) of this clause empowers the Board of Management to prescribe by Statute the constitution of Academic Planning Board, the termof its members and the powers and functions to be performed by it .

Clause 18. This clause empowers the Board of Management to prescribe by Statutes the constitution of Finance Committee and the powers , duties and functions to be performed by the Committee .

Clause 19. This clause empowers the Board of Management to prescribe by Statute the constitution , powers , duties and functions of other authorities of the University.

Clause 20. This clause empowers the Board of Managementto prescribe by Statute all or any of the matters enumerated in sub - clauses (a) to (m) .

Clause 21.This clause empowers the State Government to frame the first Statute and also empowers the Board of Managementto make , amend, repeal or add to those Statutes .

V-Extra- 5-5

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GUJARAT GOVERNMENT GAZETTE , EX . , 11-2-1994

[PART V

Clause 22.-Sub--clause ( 2) of this clause empowers the Vice-Chancellor and ." in his absence the Board of Managementto make first Ordinance for the matters specified in sub- clause ( 1) with the previous approval of the State Government and also empowers the Board of Managementto amend , repeal or add to those Ordinances .

Clause 23. This clause empowers the authorities of the University to make regulation with the approval of the Board of Management in the prescribed manner.

Clause 24. This clause empowers the State Government to make rules generally. for carrying out the purposes of the Act and particularly for all or any of the matters specified in sub - clause (2) .

Clause 32. This clause empowers the officer or authority, to delegate his or its powers to any other officer or authority .

The delegation of the aforesaid legislative powers is necessary and is of a normal character .

NARHARI AMIN . " Dated the 5th February, 1994 .

. K. KATHIRIA , Gandhinagar,

Dated the 11th February, 1994.

Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 6

REGISTERED NO . G/GNK/2

सत्यमेव जयती

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] TUESDAY, FEBRUARY 15, 1994/MAGHA 26 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill Introduced in the Gujarat Legislative Assembly .

The following Bill , which was introduced on 15th February , 1994 by Shri Thakorbhai Naik, Minister for Co - operation , is published under Rule 127-A of the Gujarat Legislative Assembly Rules , for general information: --

" GUJARAT BILL NO . 6 OF 1994.

THE GUJARAT CO - OPERATIVE SOCIETIES ( AMENDMENT) BILL, 1994.

A BILL

further to amend the Gujarat Co - operative Societies Act, 1961.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows:---

Short title .

1. This Act may be called the Gujarat Co-operative Societies (Amendment) Act , 1994.

2. In the Gujarat Co - operative Societies Act , 1961 ( hereinafter referred to as 'the principal Act' ) , in section 68, for the figures and words " 12 per cent . ", words "15 per cent. " shall be substituted. ." , the figures and Guj . Xof 1962.

Amend- ment of section 68 ofGuj . X of1962 ..

3. In the principal Act , for section 69 , the following shall be substituted, namely: --- Substi- tution of section 69 ofGuj . X of 1962.

6-1

V-Extra - 6-1

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GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-1994

[PART V

"69. ( 1) Every society which declares , out of the current year's profit , a dividend to its members at a rate of 3 per cent . or more , shall contribute towards the education. fund of the Gujarat State Co -operative Union at such rate as maybe prescribed.

(2) No society, liable to contribute towards the education fund, shall pay a divi- dend to its members , unless the said contribution is made to the Gujarat State Co- opera- tive Union within two months from the date on which its accounts are adopted by the general body of members at its annual general meeting .

Contri- bution to educa- tion fund of the Gujarat State Co- operative Union.

(3) An officer wilfully failing to comply with the requirements of this section, shall be personally liable for making good the amountto the Gujarat Sodie Co-operative Union.

Explanation : In this section the expression ' Gujarat State Co- operative Union' means federal society established for the State of Gujarat with the object of giving training facilities for familiarising , promoting or encouraging in co- operative noveme...".

STATEMENT OF OBJECTS AND REASONS

At present maximum rate of dividend to be paid to its members by any society is fixed at 12 per cent . under section 68 of the Gujarat Co- operative Societies Act, 1961. The rate of interest for deposits paid by banking institutions and companies are more attractive and would adversely affect the Co-operative societies in the field of raising funds by way of share capital . Some representations have also been received in this connection . The maximum limit of dividend is , therefore , required to be enhanced in the light of such representations . The said section is accordingly proposed to be amended.

The Gujarat High Courtby its common judgement dated 17th July, 1984 , in Amreli District Co-operative Sale and Purchase Union , Ltd. and Other V/ s . the State of Gujarat in Special C. A. No. 1027 of 1981 with S. C. A. No. 1028 of 1981 has inter-alia struck down section 69 of the Act as the contribution towards the education fund was linked up with income and not with profit . In the light of the High Court judgement and the observations made therein the original section existing prior to amendment made by Act No. 23 of 1982 is proposed to be substituted to restore the original position.

This Bill seeks to amend the Gujarat Co-operative Societies Act , 1961 to achieve the aforesaid objects.

THAKORBHAI NAIK ,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative power in the following respects :-

Clause 3. Sub - section ( 1) of section 69 proposed to be substituted by this clause empowers the State Government to prescribe by rules the rate of contri- bution of the societies towards the education fund of the Gujarat State Co- operative Union.

The delegation of legislative power as proposed is necessary and is of a normal character .

THAKORBHAI NAIK ,

Dated the 7th February, 1994.

Ν . Κ . ΚΑΤHIRIA, Gandhinagar,

Dated the 15th February , 1994 .

Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO. G / GNR/ 2.

Extra No. 7

मुयमेव शयरे

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ) TUESDAY, FEBRUARY 15, 1994/MAGHA 26, 19153 Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill Introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 15th February , 1994 by Shri Ramsinh Parmar, Transport Minister , is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information: -

"GUJARAT BILL NO . 7 OF 1994 .

THE BOMBAY MOTOR VEHICLES TAX ( GUJARAT AMENDMENT )

BILL, 1994.

A BILL

further to amend the Bombay Motor Vehicles Tax Act, 1958 .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :--

Short title .

1. This Act may be called the Bombay Motor Vehicles Tax (Gujarat Amendment) Act , 1994.

2. In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter referred to as " the principal Act " ), in section 20,-

Bom. LXV of 1958 .

Amend- ment of section 20 ofBom, LXV of 1958 ..

(1) in sub - section (1 ) , after the words "Kutch area of the State of Bombay " , the words , brackets , figures and letters "and subject to the provisions of sub-sections (1A) , ( 1B) , (10) , (ID) , ( IE) , and ( 1F) " shall be inserted ;

(2) after sub - section (1) , the following sub- sections shall be inserted, namely :-

Bom .

"(14) Notwithstanding anything contained in sub -section (1) and the provi- sions of the Tolls on Roads and Bridges Act, 1875, but subject to the provisions of sub -sections (1B) , ( 10) , (1D), (IE) and ( 1F) , the State Government may levy tolls on motor vehicles and trailers drawn by such vehicles , passing over- III of 1875.

7-1

V-Extra-7-1

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GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-1994

[PART V

Guj . of 1994.

(a) any bridge including an approach road thereto or section of a new road or by- pass which is constructed , reconstructed , improved, or as the case may be , repaired by the State Government or by any person at his expense after the commencement of the Bombay Motor Vehicles Tax (Gujarat Amendment) Act , 1994 and the total capital outlay of construction, reconstruction , improvements or as the case may be , repairs , of which is not less than fifty lakhs of rupees; `or ,

(6) any bridge including an approach road thereto or section of new road or by-pass, which , in the opinion of the State Government , is of special service to the public .

Explanation . For the purposesses of this section,-

(i) the expression " capital outlay " shall include the anticipated cost of certain essential ongoings or imminent works like improvements, strengthening, wide- ning, structural repairs and maintenance .

( ii) the expression "person" shall include any company or association or body of individuals, whether incorporated or not or a firm .

( iii) for the removal of doubt , it is hereby clarified that the expression 'constructed' shall include a bridge including an approach road thereto or section of new road or by-pass which is ready for use .

(1B) The toll levied under sub - section (14) shall be levied at such rate , for such period and on such bridges including an approach road thereto or section of new road or by -pass as the State Government may from time to time , by notification in the Official Gazatte , declare :

Provided that not more than the capital outlay, interest thereon at such rate as the State Government may fix and the expenses of collection of toll shall be levied and collected under this section :

Provided further that when the bridge including an approach road thereto or section of a new road or by -pass is constructed , reconstructed, improved or as the case maybe , repaired by a person other than the State Government , not more than the capital outlay , return on ivestment at such rate as the State Government may fix and the expenses of collection oftoll shall be levied and collected under this section.

(10) When the toll leviable under sub - section (14) on any bridge including an approach road thereto or section of a new road or by-pass which is constructed, reconstructed, improved or as the case may be, repaired .

(i ) by the State Government , the State Government itself or through an agent authorised by it in this behalf,

(ii) by any person, such person or his servants ,

shall collect the toll on such terms and conditions and in such manner as may be prescribed.

(ID) Where any additional bridge , being the bridge on or below the same stream, river or crcek or road or rail-track including any approach road thereto is constructed as augmentation ofthe facility of the use of the existing bridge includ- ing an approach road thereto , then the network of such bridge including an approach road thereto shall be deemed to be one single entity for the purpose of levy of toll, so however that not more than the capital outlay of such additional brid including an approach road thereto and the expenses of collection of toll shall be recovered .

INDEX PART VJ

7-3 GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-1994

(IE) The motor vehicles and trailers drawn by such vehicles liable to pay the toll under sub -section ( 1A ) of this section shall not be allowed to pass over the bridge including an approach road thereto or section of new road or by-pass unless the toll is paid and the State Government or the agent authorised by the State Government or as the case may be , bya person referred to in sub - section. (IC) shall have power to prevent such vehicles from passing over the bridge .

(1F) ( i) All motor vehicles and trailers drawn by such vehicles used by or on behalf of the State Government or the Central Government shall be exempted from the ' payment of the toll .

( ii) Subject to such condition as it may impose the State Government may, if it considers necessary so to do in the public interest , by notification in the Official Gazette , exempt any specified class or classes of motor vehicles and trailers drawn by such vehicles from the payment of toll under this section . " ;

(3) in sub -section (2) , for the words , brackets and figure " sub -section ( 1 ) " , the words, brackets , figures and letters " sub -sections ( 1) , (1A) , ( 1B) , ( 10) , (ID) , (1E), (1F) " shall be substituted ;

(4) inthe marginal note , after the words "motor vehicles" , the words " except in certain exigencies " shall be added.

3. In the principal Act , in section 23 , in sub -section (2 ) ," after clause ( 1), the following clause shall be inserted, namely:-

Amend- ment of section 23- of Bom .

"(m) to prescribe the terms and conditions and the manner of collection of toll ; " .

LXV of1958.

STATEMENT OF OBJECTS AND REASONS

In view of the rapid development of industries in the State of Gujarat, it has become necessary to improve and upgrade the means of communications in the State. It is , therefore , necessary to construct new bridges including approach roads , by-passes , section of a new road and to improve the riding quality of the existing roadsto meet with the requirements of the heavy industrial traffic and other increased voluminous traffic in the State. Keeping in view the limited financial resources of the State, it is considered necessary to levy toll on motor vehicles and trailers drawn by such vehicles passing over bridge including approach roads thereto , section of a new road or by- passes which are constructed, reconstructed , improved or repaired after the commencement of the Bombay Motor Vehicles Tax (Gujarat Amendment ) Act , 1994 and the total capital outlay of which construction , reconstruction, improvements or repairs is more than rupees fifty lakhs or which are considered to be of special service to the public. It is , therefore, considered expedient to amend section 20 of the Bombay Motor Vehicles Tax Act , 1958 to levy toll to the extent of the recovery of the capital outlay and interest thereon. When the bridge is constructed by a person other than the State Government , a provision is also made to collect toll by such person not only to the extent of reco- very of capital outlay but also of the return on investment made by such person . It is also proposed that all motor vehicles and trailers drawn by such vehicles used by or on behalf of State Government or the Central Government or such other vehicles as may be notified by the State Government shall be exempted from the payment of toll .

This bill seeks to achieve the aforesaid objects .

RAMSINH PARMAR .

INDEX 1

[ PART V 7-4 GUJARAT GOVERNMENT GAZETTE , EX. , 15-2-1994

FINANCIAL MEMORANDUM

New sub -section (1A) of section 20 proposed to be inserted by olause 2 of the Bill empowers the State Government to collect the toll- on motor vehicles and trailers drawn by suchvehicles passing over the bridges . For that purpose , it is necessaryto establish the toll plaza at such bridges for collection of the tolls . This provision , if enacted and brought into operation would involve. non- recurring expenditure of about one lakh fifty thousand rupees from the Consolidated Fund of the State for establishment of toll plaza. The existing staff of the Roads and Buildings Department would collect the toil and therefore, no additional expenditure on this account would involve from the Consolidated Fund of the State.

RAMSINH PARMAR

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill provides for delegation of legislative power in the following respects :-

Clause- ( i) Sun (1B) of section 20 proposed to be inserted by this clause empowerste Governmentto declare by notification in the Official Gazette , the rates at which, the period for which and bridge in respect of which toll shall be levied.

(ii) Sub -section (10) proposed to be inserted by this clause empowers the State Governmentto prescribe the terms and conditions and the manner in which the toll shall be collected .

(iii) Item ( ii ) of sub -section (IF) proposed to be inserted by this clause empowers the State Government by notification in the Official Gazette, to exempt any specified class or classes of motor vehicles and trailers drawn by such vehicles from the payment of toll.

The delegation of legeslative powers as aforesaid is necessary and is of a normal character .

Dated the 11th February, 1994.

RAMSINH PARMAR. " الا

Gandhinagar ,

Dated the 15th February, 1994 .

Ν. Κ . ΚΑΤHIRIA , Gujarat Legislative Assembly. Secretary,

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX REGISTERED NO . G /GNR/2 .

Extra No. 8

सत्यमेव जयते

The Gujarat_Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

THURSDAY , MARCH 3 , 1994/PHALGUNA 12, 1915

Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART V

Bills introduced in the Gujarat Legislative Assembly .

The following Bill which was introduced on the 3rd March , 1994 by Shri Savaji- bhai Korat , M. L. A. is published under rule 127-A of the Gujarat Legislative Assem- bly Rules for general information :-

"Gujarat Bill No. 8 of 1994 .

THE SAURASHTRA UNDERGROUND WATER RECHARGE AUTHORITY

BILL , 1994

A BILL

to provide for establishment of an authority to make special provision and to undertake special programmes for increasing underground waterlevel of the Saurashtra areas of the State and for matters and purposes connected therewith ,

It is hereby enacted in the Forty-fourth Year of the Republic of India as follows :-

1. (1) This Act may be called the Saurashtra Underground Water Recharge Autho- rity Act , 1994.

Short title , extent and commen ce- ment .

(2) It extends to the areas of the Saurashtra comprising the districts of Amreli , Bhavnagar, Junagadh, Jamnagar, Rajkot , Surendranagar and such other adjacent areas as may be specified by the State Government .

(3) It shall come into force at once .

2. In this act , unless the context otherwise requires :

Defini tions ...

(a) "Authority" means the Saurashtra Underground Water Recharge Authority established by the State Government under section 3 of this Act ;

8-1

V-Extra- 8-1

INDEX [PART V 8-2

GUJARAT GOVERNMENT GAZETTE , EX. , 3-3-1994

(b) " Saurashtra areas " means the areas comprising of the districts of Amreli, Bhav nagar, Junagadh, Jamnagar , Rajkot , Surendranagar and such other adjacent areas ás may be specified by the State Government in this behalf.

(d) "State Government" means the Government of the State of Gujarat .

(e) "underground water" means water below the ground level which is drawn for the domestic, agriculture or for any other purposes .

3. (1) The State Government , with effect from such date as may be notified in the Official Gazette , shall establish an Authority for increasing the underground water level of Saurashtra areas .

Establish ment of the Saurashtra Undergr- ound Water Re- charge Authority.

(2) The Authority established under sub- section (1) shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its name and shall be competent to acquire and hold property both movable and immovable and to con- tract and do all things necessary for the purpose of this Act .

(3) For the purposes of this Act , the Authority established under sub -section (1) shall be deemed to be a Local Authority.

4. (1) The Authority shall consist of the Chairman and five other members as may be appointed by the State Government :

Provided that the Chairman and members shall be persons having adequate technical knowledge and experience in the matter .

Constitu tion and term of office of the Autho rity.

Provided further that out of the five members to be appointed by the State Government .--

(i) One member shall be the President or a Member of the District Panchayat from amongst the District Panchayats of the Saurashtra areas, having technical know- ledge and aptitude;

(ii) One member shall be a member of the Gujarat Legislative Assembly from amongst the Saurashtra areas of the State .

(iii) One member shall be from the College of Engineering attached to the Saura- shtra University.

(2) The term of office of the chairman and the members of the Authority shall be three years from the date of their appointment :

Provided that the President or a member of the District Panchayat and the member ofthe Gujarat Legislative Assembly shall cease to be Members of the Authority as soon they cease to be the members of the respective bodies . as

(3) The salaries, other allowances , conditions of service and other matters concerning the chairman and the members of the Authority shall be such as may be prescribed by the State Government by a notification published in the Official Gazette .

Functions of the Authority,

5. (1) For the purposes of this Act , the Authority shall programme and implement he schemes for the recharge of underground water of the Saurashtra areas . The schemes shall be prepared by the Authority using the latest available technology and shall have proven result in the field ofrecharge of undergroundwater .

(2) For the purpose of undertaking the schemes and regulations made under this Act, the Authority shall have a right to enter or use any land of the Saurashtra areas specified under this Act .

INDEX 8-3 GUJARAT GOVERNMENT GAZETTE , EX. , 3-3-1994

PART VI

(3) The detailed rules for undertaking the work of the scheme shall be framed by the Authority and shall come into force after it is approved by the State Government .

6. (1) The State Government shall provide necessary fund to the Authority for carrying out its activities .

Funds and accounts ofthe Authority.

(2) The Authority shall have power to borrow money or raise funds through a suita- ble financial instrument from public or any institution recognised by the State Govern- ment or Central Government and shall also have power to accept donations .

(3) The Authority shall deposit the fund or money received by it with the State Bank of India or any other Bank approved by the State Government and the Bank account shall be õperated by such persons of the Authority as may be authorised by it .

(4) The accounts of the Authority shall be maintained in such form as may be pre- scribed by the State Government .

Annual Report .

7. The Authority shall prepare a report at the end of each year which shall consist of its programmes , the activities undertaken and the accounts of the Authority. The report shall be submitted to the State Government and the State Government shall cause it to be laid on the Table of the State Legislature.

Power to make rules .

8. (1) The State Government may , by notification in the Official Gazette , and subject to the condition of previous publication, make rules for carrying out the pur- poses of this Act .

(2) Rules made under this section shall be laid before the State Legislature ás soon possible after they are made and shall be subject to such modification as the State Legislature may make in the session in which they are so laid.

(3) Any modification so made by the State Legislature shall be published in the Official Gazette , and shall thereupon take effect .

Regula tions .

9. The Authority may, from time to time with the previous sanction of the State Government , make the regulations consistent with the provisions of this Act and the rules made thereunder for carrying out its day to day business .

STATEMENT OF OBJECTS AND REASONS

In the areas of Saurashtra, the rivers are not perennial and , therefore , it is not possible to provide canal irrigation . In absence of canal irrigation , the agriculture has to rely on the underground water and for this reason day by day the number of tube- wells are being increased. It is therefore obviously seen that the underground water level is going down day by day. It is also apprehended that in some areas of Saurashtra, the quantum of underground water is going to be exhausted in a couple of ensuing years, The potable water is also not provided for the purpose of drinking and the people of this area have to rely on the availale underground water which consists of floride and other dissolved impurities which in turn cause serious health hazards . No systematic programme has been undertaken by the State Government for the recharge ofthe underground water . With a view to overcome this serious problem , it is suggest- ed to establish the Saurashtra Underground Water Recharge Authority which will look after this problem and undertake the schemes .

Hence this Bill .

Dated the 5th January, 1994.

SAVAJIBHAI KORAT , M. L. A.

INDEX 8-4

GUJARAT GOVERNMENT GAZETTE , EX. , 3-3-1994

[PART V

FINANCIAL MEMORANDUM

Sub - clause ( 3) of Clause 4 provides for salaries and other allowances to the Chairman and members of the Authority and clause 6 of the Bill provides for necessary fund for carrying out the activities of the Authority. This Bill if enacted and brought in to opera- tion would involve recurring expenditure of approximately Rs . 2 crores from the Consolidated Fund of the State .

Dated the 5th January, 1994 .

SAVAJIBHAI KORAT , M. L. A.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub -clause (2) of clause 1 empowers the State Government to specify area other than, the areas comprising the districts of Amreli , Bhavnagar, Junagadh , Jamnagar Rajkot and Surendranagar .

Sub -clause (1) of clause 3 empowers the State Government to appoint an authority to be called " The Saurashtra Underground Water Recharge Authority" and to appoint a date on which it shall be effective .

Sub -clause (1) of clause 4 empowers the State Government to appoint to the Authority,.. the Chairman and five other members .

Sub -clause ( 3) of clause 4 empowers the State Government to prescribe the salaries , other allowances , condition of service and other matters concerning the Chairman and the members of the Authority.

Sub -clause (2) of clause 5 empowers the State Government to make rules and regula- . tions subject to which the Authority shall have right to enter or use any land of the . Saurashtra Area .

Sub -clause(3) of clause 5 empowers the State Government to approve the detailed rules framed by the Authority for undertaking the works of the scheme .

Sub-clause (3) of clause 6 empowers the State Government to approve any Bank,. other than State Bank of India , in which the Authority shall deposit the fund or money received by it .

Sub -clause (4) of clause 6 empowers the State Government to prescribe a form , in which the accounts of the Authority shall be maintained.

Sub -clause ( 1 ) of the caluse 8 empowers the State Government to make rules for... carrying out the purposes of the Act .

The delegation of legislative powers as aforesaid is essential and of normal character ...

Dated the 5th January, 1994 .

SAVAJIBHAI KORAT , M. L. A. "

Ν . Κ . KATHIRIA ,

Gandhinagar,

Dated the 3rd March , 1994 .

Secretary, Gujarat Legislative Assembly...

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 9

REGISTERED NO. G/GNR / 2

સથવેવ ગવર

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV] THURSDAY, MARCH 3 , 1994/PHALGUNA12, 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bill Introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 3rd March, 1994, by Shri Jaynarayan Vyas , M. L. A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information:--

"Gujarat Bill No. 9 of 1994.

THE GUJARAT MUNICIPALITIES ( AMENDMENT ) BILL, 1994 .

A BILL

further to amend the Gujarat Municipalities Act, 1963 .

It is hereby enacted in the Forty- fifth year of the Republic of India as follows :

1. (1 ) This Act may be called the Gujarat Municipalities (Amendment) Act, 1994. Short title and commence- ment .

(2) It shall come into force at once .

Amend- 2. In the Gujarat Municipalities Act , 1963 (hereinafter referred to as the principal Act) in section 47, for sub -sections (1) , (2 ) and (3 ), the following shall be substituted, namely:-

"(1) There shall be a Chief Officer for every Municipality.

ment of section 47 ofGuj . XXXIV of 1964 .

9-1

V-Ex . -9-1

INDEX [PART V 9-2

GUJARAT GOVERNMENT GAZETTE , EX. , 3-3-1994

(2) The appointment of the Chief Officer shall be made by the State Government from amongst the cadre of the Gujarat Administrative Service .

(3) The Pay & Allowances of Chief Officer appointed by the State Govern- ment under sub -section (2) shall be paid by the Municipality from its fund. "

3. In the principal Act , for section 48, the following shall be substituted, namely :-

Substi- tution of section 48 of Guj . XXXIV of 1964.

Removal ofChief Officer.

"48 If the Municipality is of the opinion that the Chief Officer appointed under section -47 is not performing his duties in consonance with the policy framed or decision taken by the Board , then the Board may by a resolution passed by a majority of at -least two thirds of the total number of councillors present at voting, recommend to the State Government for other person in his place. "

STATEMENT OF OBJECTS AND REASONS

At present the Chief Officers of the Municipalities are appointed by the respective Municipal Board . As they are not transferable and for their long service vested in- terest prevails. Sometimes it so happens that the Chief Officer is enjoying more power than the President or the Board . With a view to overcome this situation , it is suggested that a person from the common cadre of the Gujarat Administrative Service.. should be appointed as Chief Officer .

Hence this Bill .

JAY NARAYAN VYAS, M.L.A.

Gandhinagar,

Dated the 3rd March, 1994 .

N. K. KATHIRIA ,

Secretary, Gujarat Legislative Assembly .

GOVERNMENT. CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2.

Extra No. 10

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] THURSDAY, MARCH 3 , 1994/PHALGUNA12 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bill Introduced in the Gujarat Legislative Assembly .

The following Bill which was introduced on the 3rd March , 1994 by Shri Jaynarayan Vyas, M. L. A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :--

" GUJARAT BILL NO . 10 OF 1994 .

THE GUJARAT INDUSTRIAL DEVELOPMENT ( AMENDMENT) BILL , 1994 ..

A BILL

further to amend the Gujarat Industrial Development Act , 1962 .

It is hereby enacted in the Forty-fifth year of the Republic of India , as follows:

1. (1) This Act may be called the Gujarat Industrial Development (Amendment ) Act , 1994 .

Short title and Commence ment..

(2) It shall come to force at once .

2. In the Gujarat Industrial Development Act , 1962, (hereinafter referred to as the principal Act ) in section 4, in sub section (1)-

Guj . of 1962 .

(1) after clause (c) the following clause shall be inserted , namely:-

Amend-- ment of section -4 ofGuj . 23 of 1962 ..

"(cc) one Director to be chosen by the recognised Unions /Associations of the Corporation from amongst their office bearers ."

(2) in clause (d), for the word " six " the word "five " shall be substituted.

3. In the principal Act in section 5 , for clause (a), the following clause shall be substituted , namely:-

"(a) is an employee of the Corporation not being the Managing Director or a Director chosen under clause (cc) of sub -section (1) of section 4".

Amend- ment of section 5 ofGuj . 23 of1962.

- 10-1

V-Extra - 10-1

INDEX [PART V 10-2

GUJARAT GOVERNMENT GAZETTE , Ex . , 3-3-1994

STATEMENT OF OBJECTS AND REASONS

Workers participation in the management is desirable so that the Unions /Associations can be more responsible . They will also be a party to the decisions taken at the Board meeting and there would not be any opposition from the employees . Though the principle of joint management has been adopted , no concrete action has been taken to constitute the Joint Management Councils till date . However, it will not be difficult to adopt this principle in State owned Corporations . With a view to achieve this object , it is suggested that one member from the employee's unions /associations should be appointed as Director of the Gujarat Industrial Development Corporation .

Hence this bill

JAYNARAYAN VYAS , M.L.A. "

Gandhinagar,

Dated the 3rd March , 1994 .

N. K. KATHIRIA ,

Secretary, Gujarat Legislative Assembly.

Government Central Press , Gandhinagar .

INDEX Extra No. 11

REGISTERED NO . G/GNR/2 .

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

SUNDAY , MARCH 6, 1994/PHALGUNA 15 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bill introduced in the Gujarat Legislative Assembly.

To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The follwoing Bill is publ hed with the conset of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :-

THE GUJARAT ( SUPPLEMENTARY ) APPROPRIATION BILL , 1994 .

GUJARAT BILL NO . 11 OF 1994 .

A BILL

to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the year ending on the thirty -first day of March , 1994.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows:-

1. This Act may be called the Gujarat (Supplementary) Appropriation Act , 1994 . Short title .

2. From and out of the Consolidated Fund of the State of Gujarat , there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of nine hundred seventy- two crores, twenty -one lakhs, ninety- one thousand rupees towards defraying the several charges which will come in course of payment during the financial year ending on the thrthrity- first day of March, 1994, in respect of the services and purposes specified in column 2 of the Schedule .

Issue of Rs. 9,72,21, - 91,000 from and out of the Consoli- dated Fund of the State of Gujarat for the finan- cial year 1993-94 .

Appro- priation.

3. The sums authorised to be paid and applied from and out of the Consolidated . Fund of the State of Gujarat by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said said year.

V-Extra- 11-1

INDEX 11-2

[PART V

GUJARAT GOVERNMENT GAZETTE , EX . , 6-3-1994

THE SCHEDULE

(See sections 2 and 3)

No. of

Services and purposes

Vote/ Appro- priation

Revenue Agriculture, Cooperation and Rural Development Department

Reverne 2. Agriculture

Capital

Revenue 3. Minor Irrigation Soil Conserva- tion and Area Development

Revenue 4. Animal Husbandry and Dairy Development

Capital

5. Fisheries

Revenue

Revenue 6. Co-operation

7. Other Expenditure pertainingto Agriculture , Co- operation and Rural Development Department Capital

Revenue 8. Education Department

Revenue 9. Education

Revenue 11. Energy and Petro - chemicals Department

Revenue 13 . Energy Projects

Revenue 5. Finance Department

Revenue

17. Treasury and Accounts Administration

Revenue

18. Pensions and other Retirement Benefits

19. Other Expenditure pertaining to Finance Department

Capital

Revenue

20. Repayment of Debt pertaining to Finance Department and its¹ Servicing.

Capital

INDEX

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs .

60,000

1,000

61,000

76,52,16,000 76,52,16,000

78,34,000 78,34,000

93,000 1,08,73,000 1,07,80,000

1,15,05,000 1,15,05,000

1,000 1,000

9,10,000 9,10,000

99,36,89,000

11,77,06,000

87,59,83,000

5,04,56,10,000 5,04,56,10,000

11,49,000 11,49,000

88,000

29,55,00,000

26,99,000 40,27,00,000 40,00,01,000

10,80,80,000 . 10,80,80,000 :

27,76,01,000

27,76,01,000 11-3

EX. , 6-3-1994

GUJARAT GOVERNMENT GAZETTE ,

PART V]

Sums not exeeding No. of

Services and purposes

Total

Voted

Vote/ Appro- priation

Charged on the Consolidated Fand

Rs .

4,33,000

Revenue

4,33,000

21. Food and Civil Supplies Department

13,31,000

5,000

13,26,000

Revenue

22. Civil Supplies

63,49,000

Capital

42,81,000

2,39,000

Revenue

40,42,000

23. Food

Capital

1,23,000

23,000

Capital

21. Other Expenditure pertaining to Food and Civil Supplies Department

12,72,000

Revenue

12,72,000

25. Forest and Environment Department

4,58,000

3,000

Revenue

4,55,000

20. Forests

4,75,000

Revenue

29. Governor

39,97,000

Revenue

39,97,000

30. Council of Ministers

17,000 1,88,70,000

Revenue

1,88,53,000

31. Elections

8,50,000

Revenue

32. Public Service Commission

19,59,000

Revenue

19,59,000

33. General Administration Department

9,76,000

Revenue

34. Economic Advice and Statistics

46,51,000

Revenue

46,51,000

34,65,000

Capital

35. Other Expenditure pertaining to General Administration Department

8,65,000

Revenue

8,65,000

38. Health and Family Welfare . Department

8,73,13,000

3,40,000

Revenue

: 8,69,73,000

39. Medical and Public Health

13,77,92,000

Revenue

13,77,92,000

40. Family Welfare

Revenue

Water Supply-

41.

6,56,00,000

: 6,56,00,000

Capital.

63,000

Revenue

43,000

20,000

42. Other Expenditure pertaining to Health and Family Welfare Department .

INDEX 11-4

[PART V EX. , 6-3-1994

GUJARAT GOVERNMENT GAZETTE ,

Services and purposes

No. of Vote/ Appro- priation

Revenue

43. Home Department

Revenue 44. Police

Revenue 45. Jails

Revenue

47. Other Expenditure pertaining to Home Department

Revenue

49. Stationery and Printing

Capital 30. Industries

Revenue

Capital 52. Other Expenditure pertaining to Industries and Mines Department

Revenue

54. Information and Publicity

Revenue

56. Other Expenditure pertaining to Information, Broadcasting and Tourism Department

Revenue

51. Administration of Justice

Capital 64. Narmada Development Scheme

Revenue 65. Irrigation and Soil Conservation

Capital

Revenue

Capital 66. Other Expenditure pertaining to Narmada and , Water Resources Department

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs.

Rs .

41,70,000 41,70,000

17,15,77,000

1,000

17,15,76,000

1,64,58,000 1,6-458,000

5,08,000

5,07,000

1,000

9,27,45,000 9,27,45,000

8,51,83,000

8,000

8,51,75,000

86,15,000-

15,000

86,00,000

20,49,000

1,20,000

19,29,000

1,04,000

2,000

1,000

9,37,56,000 9,37,56,000 )

97,09,000

17,70,000

79,39,000

3,65,18,000

2,49,97,000

1,15,21,000

2,57,84,000

5,80,000 5,80,000

3,05,000

Revenue

67. Panchayats and Rural Housing Department

3,05,000

22,93,000 22,93,000

Revenue

Community Development

68.

Revenue

69. Rural Housing

Revenue

70. Compensations and Assignments

Revenue

Capital 71. Other Expenditure pertaining to Panchayats and Rural Housing Department

Revenue

72. Revenue Department

Revenue ..

Tax Collection Charges (Revenue Department)

INDEX

6,88,01,000

6,19,70,000

68,31,000

1,29,39,000

1,49,50,000 1,49,50,000

1,03,000 1,03,000

8,93,000 8,93,000

6,58,000 1.000.

6,57,000 PART VJ

11-

GUJARAT GOVERNMENT GAZETTE , EX . , 6-3-1994

No. of

Services and purposes

Vote/ Appro- priation

74. District Administration

Sums not exceeding

Voted

Total Charged on the Consolidated Fund

३

Rs .

Rs.

Revenue

Revenue 75. Relief on account of Natural Calamities

Capital

Revenue

76. Dangs District

Revenue

77. Compensation and Assignments

1,08,21,000

1,000

2,67,00,000

45,06,000

93,000

2,00,07,000

2,01,00,000

Revenue

78. Other Expenditure pertaining to Revenue Department

Revenue 80. Non-Residential Buildings

Capital

81. Residential Buildings

Capital

Revenue

82. Roads and Bridges

Capital

83. Ports

Capital

Revenue 84. Gujarat Capital Construction Scheme

Capital

Revenue

85. Other Expenditure pertaining to Roads and Buildings Department

Revenue

88. Social Security and Welfare

Revenue 89. Welfare of Scheduled Tribes

Capital 90. Other Expenditure pertaining to Social Welfare and Tribal Development Department

Revenue 91. Special Component Plan for Scheduled Castes

Capital

92. Tribal Area Sub -Plan

Revenue

Capital

Ex . V- II - 2

INDEX

1,20,30,000

72,000

98,000

3,000

1,01,000 ,

9,77,000 3,09,77,000

52,22,000 40,52,22,000

73,00,000

16,16,000

7,79,000

69,96,000

78,25,000

1,48,21,000

5,20,41,000

1,66,52,000

5,80,000

2,99,27,000

43,00,000

7,34,12,000

9,26,000

7,43,38,000

9,67,000 4,09,67,000 [PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 6-3-1994

11-6

Services and purposes

No. of Vote Appro-

priation

Revenue

94. Urban Housing

Revenue

95. Urban Development

Revenue

99. Youth Services and Cultural Activities

Revenue

Total

Capital

Total

Grand

INDEX

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs .

2,78 1 5,000

2,78,15,000

57,000

30,27,000 30,27,000

8,23,02,59,000

35,62,57,000

7,87,40,02,000

1,49,19,32,000

31,23,94,000

1,17,95,38,000

9,72,21,91,000

66,86,51,000

9,05,35,40,000 11-7 GUJARAT GOVERNMENT GAZETTE , EX. , 6-3-1994

PART V]

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 204 of the Constitution of India read with article 205 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expenditure on certain services and purposes in relation to the financial year ending on the thirty- first day of March, 1994.

The amounts are shown below :-

Rs . 8,23,02,59,000

(a) Revenue Expenditure

Rs . 1,49,19,32,000

(b) Capital Expenditure

Total Rs. 9,72,21,91,000

CHHABILDAS MEHTA .

Dated the 6th March, 1994 .

By order and in the name of the Governor of Gujarat ,

SMT . K. R. TRIVEDI,

Secretaryto the Government of Gujarat,

Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 6th March, 1994 .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO. G /GNR/ 2

Extra No.12

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] TUESDAY, MARCH 8 , 1994/ PHALGUNA 17 , 1915

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill Introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT APPROPRIATION (VOTE ON ACCOUNT) BILL, 1994 .

GUJARAT BILL NO . 12 OF 1994 .

ABILL

to authorise withdrawal of certain sums from and out of the Consolidated Fund of theState ofGujarat for the services of a part of the financial year ending on the thirty-firstday ofMarch,1995.

It ishereby enacted in the Forty-fifth Year of the Republic of India as follows: -

Short title.

1. This Act maybe called the Gujarat Appropriation (Vote on Account) Act , 1994.

12-1

V-Extra- 12-1

INDEX 12-2

[PART V GUJ . GOVT. GAZ. , EX. , 8-3-94

Withdrawal

yo 2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of three thousand two hundred seven crores, seventy- eight lakhs seventy - nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1994-95.

Rs. of 32,07,78,79 000 from and out of the Consolidated Fund of the State of Gularat for the financial year 95. 1994-

Appropriation, 3. The sums anthorised to be withdrawr: from and out of the Consolidated Fund of the State of Gujarat by this Act shallbe appropriated for the services and purposes expressed in the Schedule in relation to the said year.

INDEX 12-4

[PART V

GUJ . GOVT . GAZ . , EX. , 8-3-94

No.of

Sums not exceeding

Vote/ Services and purposes

Appro-

Voted

priation .

1 1..

Chargedon the Total Consolidated ..

Fund

Rs.

Revenue

15,78,000

11. Energy and Petro - Chemicals Department

Revenue

187,49,000

87,49,000

12. Tax collection charges (Energy and Petro-Chemicals Department)

Revenue 13. Energy Projects,

1,66,67,000

17,80,000

Capital 14. Other Expenditure pertaining to Energy and Petro-Chemicals Department

15. Finance Department

Revenue ro

84,95,000

Capital

1,19,000

Revenue

10,18,73,000

16. Tax Collection Charges (Finance Department )

Revenue

6,09,97,000

17. Treasury and Accounts Administration

Revenue

85,74,16,000

1,33,000

$15,72,83,000

18. Pension and other Retirement Benefits

Revenue 1 , ,

1,61,17,63,000

61,17,63,000

19... Other Expenditure pertaining to Finance Department

Capital

2,53,38,000

33,000

2,53,05,000

Reveriue 20. Repayment of Debt pertaining to Finance Department and its Servicing

Capital

3,55,79,32,000

4,46,76,78,000

94,38,000

94,38,000 )

Revenue 21. Food and Civil Supplies Department.

22. Civil Supplies

Revenue or $ 6,49,25,000

6,49,25,00 )0

34,000

Capital

23. Food

Revenura

1,84,24,000

1,84,24, ( 100

8,33,000

8,33, 000

Capital

INDEX PART V]

12-3

GUJ . GOVT. GAZ . , EX. , 8-3-94

THE SCHEDULE

(See sections 2 and 3)

No.of

Sums not exceeding

Vote/ Services and purposes

Appro-

Voted

Total

priation.

Charged on the Consolidated

Fund

Rs.

Revenue

80,15,000

80,15,000 1. Agriculture , Co - operation and Rural Development Department

2. Agriculture

Revenue

86,45,24,000

5,01,67,000

: Capital

5,01,67,000

Revenue

9,88,06,000

9,88,06,000 3.Minor Irrigation , Soil Conserva- tion and Area Development

Capital

28,33,000

Revenue

9,55,11,000

9,55,11,000 4. Animal Husbandry and Dairy Development

1,33,000

Capital

1,33,000,

5. Fisheries

Revenue 4,06,98,000

4,06,98,000

Capital 1,20,67,000

1,20.67,000

Revenue

6. Co- operation

6,36,13,000

Capital 3,72,80,000

3,72,80,000

7. Other expenditure pertaining to Agriculture , Co- operation and Rural Development Department

2,39,25,000

Capital

2,39,25,000

8. Education Department

Revenue

44,60,000

9.. Education

Revenue

5,03,33,86,000 12,24,00,000 5,15,57,86,000

Capital

Revenue 1,50,63,000

1,50,63,000 10. Other expenditure pertaining to Education Department

Capital 18,29,90,000

18.29,90,000

INDEX PART V]

12-5

GUJ . GOVT . GAZ. , EX. , 8-3-94

No.of

Vote/ Services and purposes

Appro-

príation.

24.

Sums not exceeding

Total Voted

Chargedonthe Consolidated Fund

Rs.

Rs .

37,60,000 37,60,000

Capital

Other Expenditure pertaining

to. Food and Civil Supplies

Department

22,69,000 22,69,000

Revenue

25. Forest and Environment Department

14,09,43,000 14,09,43,000

Revenue

26. Forests

14,41,34,000 14,41,34,000

Capital

56,00,000

Revenue

27. Environment

56,00,000

76,00,000 76,00,000

Capital

28. Other Expenditure pertaining to Forests and Environment

Department

25,68,000

Revenue

29. Governor

73,58,000

Revenue

30. Council of Ministers

73,58,000

51,01,000 51,01,000

Revenue

Elections

31.

50,07,000

40,55,000

9,52,000

Revenue

32.   Public Service Commission
33.  General Administration
                                    Revenue    3,12,91,000                     3,12,91,000
     Department
      Economic Advice and Statistics Revenue    1.40,76.000                    1,40,76,000
34.

V-Extra-12-2

INDEX 12-6

[PART V

GUJ . GOVT . GAZ . , EX. , 8-3-94

No.of

Sums not exceeding

Vote/ Services and purposes

Voted

Total Appro- priation.

Charged on the Consolidated Fund

Rs.

Rs..

Rs.

35.

Revenue 14,46,15,000

14,46,15,000 Other Expenditure pertaining to General Administration Department

Capital 1,74,05,000

1,74,05,000

36. State Legislature

Revenue 1,22,85,000

1,33,000 1,24,19,000

37.

20,37,000

Capital

20,37,000 Loans and Advancesto Govern- ment servants in Gujarat Legislature Secretariat.

38.

Revenue 69,37,000

69,37,000 Health and Family Welfare Department

39. Medical and Public Health

Revenue 94,62,12,000

94,62,12,000

40. Family Welfare

Revenue 22,53,33,000

22,53,33,000

41. Water Supply

Revenue 22,63,05,000

22,63,05,000

Capital 55,55,50,000

55,55,50,000

Revenue

8,47,98,000

8,47,98,000 42. Other expenditure pertaining toHealth and Family Welfare Department

Capital 4,10,90,000

4,10,90,000

43. Home Department

Revenue' 56,07,000

56,07,000

44. Police

Revenue 1,04,40,10,000

1,04,40,10,000

45. Jails

Revenue 2,94,35,000

2,94,35,000

46. Transport

Revenue 3,76,92,000

3,76,92,000

INDEX PART V ]

GUJ . GOVT . GAZ . , EX. , 8-3-94

No.of

Vote/ Services and purposes

Appro-

priation.

12-7

Sums not exceeding

Voted

Total

Chargedonthe Consolidated Fund

Rs.

Revenue

47. Other Expenditure pertaining to Home Department

8,01,74,000

43,000 8,02,18,000

Capital

48. Industries and Mines Department 1,10,18,000

1,10,18,000

Revenue

49. Stationery and Printing

36,58,000

Revenue

50. Industries

7,48,90,000

Revenue

Capital

51. Mines and Minerals

24,43,70,000

39,33,000

Revenue

52 .

2,47,47,000

Revenue

Other Expenditure pertaining to Industries and Mines Department

Capital 15,88,000

15,88,000

85,00,000

Revenue

53. Information , Broadcasting and Tourism Department

54. Information and Publicity

9,90,000

Revenue

55. Tourism

4,28,34,000

Revenue

Capital

56.

77,25,000

Revenue Other Expenditure pertaining to Information , Broadcasting and Tourism Department

Capital

57.

46,77,000

Revenue

Labour and Employment Department

58. Labour and Employment

23,42,000

Revenue

Capital

59.

Capital Other Expenditure pertaining to Labour and Employment .

Department

INDEX

13,96,92,000

67,000

97,70,000

97,70,000 12-8

GUJ . GOVT . GAZ . , EX . , 8-3-94

[PART.V.

No.of

Sums not exceeding

Vote/ Services and purposes

Appro-

Voted

Total priation.

Chargedon the Consolidated Fund

Rs.

60. Legal Department

Revenue

47,07,000

Capital

8,000

8,000 61. Administration of Justice

Revenue 12,19,14,000 1,59,78,000 13,78,92,000

Revenue 46,30,000

46,30,000 62. Other Expenditure pertaining to Legal Department

Capital

58,05,000

Revenue

25,40,000

25,40,000 63. Legislative and Parliamentary Affairs Department

64. Other Expenditure pertaining to Legislative and Parliamentary Affairs Department

Capital

11,10,000

65.

Revenue

62,70,000

62,70,000 Narmada and Water Resources Department

66. Narmada Development Scheme Capital 2,55,64,15,000

2,55,64,15,000

Revenue 1,65,52,88,000

1,65,52,88,000 67. Irrigation and Soil Conservation

Capital 58,41.27,000

58,41,27,000

68.

Revenue 4,67,000

4,67,000 OtherExpenditure pertaining to Narmada and Water Resources Department

Capital 3,42,95,000

3,42,95,000

69.

Revenue 38,11,000

38,11,000 Panchayats and Rural Housing Department

70.

Community Development

Revenue 29,03,12,000

29,03,12,000

Capital

2,77,000

INDEX PART V]

12-9

GUJ . GOVT . GAZ . , EX. , 8-3-94

No.of

Vote/ Services and purposes

Appro-

priation.

Sums not exceeding

Voted

Charged onthe Total

Consolidated

Fund

Rs.

Rs .

Rs.

26,19,27,000 16,83,67,000 .

Revenue

71. Rural Housing

9,35,60,000

77,33,000 77,33,000

Capital

5,60,94,000 5,60,94,000

Revenue

72. Compensations and Assignments

73.

3,28,03,000 3,28,03,000

Revenue

Other Expenditure pertaining to Panchayats and Rural Houing Department

7,25,85,000

Capital 7,25,85,000

1,00,52,000

Revenue

74. Revenue Department

75.

1,00,52,000

9,20,94,000

9,33,000

Revenue 9,11,61,000

Tax Collection Charges (Revenue Department)

76. District Administration

9,41,47,000

Revenue

77 .

9,41,47,000

28,25,00,000 28,25,00,000

Revenue

Relief on account of Natural Calamities

8,33,000 8,33,000

Capital

4,43,37,000

Revenue

78. Dangs District

4,43,37,000

17,000 17,000

Capital

2,66,05,000

14,23,000

2,51,82,000

Revenue

79. Compensations and Assignments

33,67,000 19,00,000

14,67,000

Capital

80.

15,82,000

2,000

15,80,000

Revenue

Other Expenditure pertaining to Revenue Department

1,92,10,000 1,92,10,000

Capital

81. Roads and Buildings Department

83,72,000 83,72,000

Revenue

V-Extra-12-3

INDEX 12-10

GUJ . GOVT . GAZ . , EX . , 8-3-94

[PART V

No.of

Sums not exceeding --

Vote/

Services and purposes

Appro-

Voted

Total

Chargedonthe

priation.

Consolidated

Fund

Rs.

82. Non- Residential Buildings

Revenue 30,62,34,000

1,04,000 30,63,38,000

Capital 10,78,35,000

10,78,35,000

83. Residential Buildings

Revenue 13,09,17,000

13,09,17,000

Capital 2,22,58,000

2,22,58,000

84. Roadsand Bridges

Revenue 77,11,52,000

77,11,52,000

Capital 15,22,33,000

15,22,33,000

85. Ports

Capital 2,73,33,000

2,73,33,000

Revenue

75,64,000

75,64,000 86.. Gujarat Capital Construction Scheme

Capital 2,23,33,00

2,23,33,000

87.

2,24,60,00

Revenue

2,24,60,000 OtherExpenditure pertaining to Roads and Buildings Department

Capital 1,90,86,000

1,90.86.000

Revenue

32,91,000

32,91,000 88. Social Welfare and Tribal Development Department

89. StateExcise

Revenue 78,95,000

78,95,000

90 . Social Security and Welfare Revenue 22,96,84,000

22,96,84,000

Capital

46,67,000

91. Welfare of Scheduled Tribes

Revenue 9,01,06,000

9,01,06,000

Capital

17,27,000

Capital

7'3,80,000 .

73,80,000 92. OtherExpenditure pertaining to Social Welfare and Tribal Development Department

INDEX -12-11

GUJ . GOVT . GAZ. , EX . , 8-3-94

" PART V]

Sums not exceeding

Services and purposes

Total

Charged onthe

Voted

No. of Vote/ Appro- priation..

Consolidated Fund

Rs.

37,51,44,000

Revenue

93. Special Component Plan for Scheduled Castes

1,98,18,000

Capital

88,52,59,000

Revenue

94. Tribal Area Sub-Plan

23,57,46,000

Capital

21,92,000

Revenue

95. :

Urban Development and Urban Housing Department

5,26,67,000

3,09,35,000

2,17,32,000

Revenue

Urban Housing

96.

1,81,77,000

Capital

15,29,80,000

Revenue

97 . Urban Development

7,16,67,000

Capital

10,55,68,000

2,07,81,000

8,47,87,000

Revenue

98. Compensations , Assignment and tax collection charges

37,71,000

Revenue

30,55,000

Capital

99. Other Expenditure pertaining to Urban Development and Urban Housing Department

SVE

10,50,000

Revenue

100. Youth Services and Cultural Activities Department

2,80,84,000

Revenue

101. Youth Services and Cultural Activities

INDEX 12-12

GUJ . GOVT . GAZ . , EX. , 8-3-94

No. of

Vote/ Services and purposes

Appro-

priation.

102. Other expenditure pertaining to Capital

Youth Services and Cultūral

Activities Department

Total

[PART V

Sums not exceeding

Voted

Total Charged on the

Consolidated

Fund

Rs.

17,50,000

بنا

3,92,57,88,000 22,46,25,91,000

Revenue18,53,68,03,000

Capital 5,14,58,34,000

Grand Total

4,46,94,54,000 9,61,52,88,000

23,68,26,37,000

INDEX

8,39,52,42,000 32,07,78,79,000 12-13

GUJ . GOVT . GAZ . , EX . , 8-3-94

PART V]

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of clause (2) of the article 206 of the Constitution of India, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the expenditure charged on the Consolidated Fund of the State of Gujarat , and the Grants made in advance by the Legislative Assembly in respect of the estimated expenditure for a part of the financial year ending on the 31st March , 1995.

Rs.

The amounts are shown below : -

22,46,25,91,000 (a) Revenue Expenditure

9,61,52,88,000 (b) Capital Expenditure

Total

32,07,78,79,000

CHHABILDAS MEHTA .

Dated the 8th March , 1994.

Byorder and in the name of the Governor of Gujarat,

SMT . K. R. TRIVEDI ,

Secretary to the Government of Gujarat , Legislative and Parliamentry Affairs Department .

Gandhinagar, ciated the8 March, 994

Government Central Press , Gandhinagar

V-Extra-12-4

INDEX REGISTERED NO, G/GNR/2.

Extra No. 13

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

THURSDAY JUNE 9 , 1994 / JYAISTHA 19 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of pubication to be reported) .

The following Bill is published with the consent of the Speaker given under the poviso to rule 127A of the Gujarat Legislative Assembly Rules :--

THE GUJARAT TAX ON LUXURIES ( HOTELS AND LODGING HOUSES ) ( AMENDMENT ) BILL , 1994 .

Gujarat Bill No. 13 of 1994 .

A BILL

further to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses )

Act, 1977 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows:-

1. (1) ThisAct may be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amendment ) Act, 1994 .

(2) It shall be deemed to have come into force on the 1st April, 1994 .

Short title and commence ment.

Guj . 24 of 1977,

2. In the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) Act , 1977 (hereinafter referred to as " the principal Act " ) , in section 2,

(1) for clause (d) , the following clause shall be substituted, namely:--

"(d) 'hotel' means a building or part of a building where lodging accommo-

Amend- ment of section 2 of Guj . 24 of 1977.

dation with or without board is provided for a monetary consideration and includes a club, lodging house , gymkhana , inn, motel , public house or any place, where residential accommodation is provided for a monetary consideration ;".

(2) in clause ( e) , for the words "not less than thirty five rupees " , the words "more than one hundred rupees " shall be substituted .

13-1

V-Extra- 13-1

INDEX 13-2

[PART. V GUJARAT GOVERNMENT GAZETTE , EX. , 9-6-1994

Guj . Ord. 1 of 1994.

3. (1) The Gujarat Tax on Luxuries (Hotels and Lodging Houses ) ( Amendment) Ordinance, 1994 is hereby repealed.

Repeal and savings.

(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act .

STATEMENT OF OBJECTS AND REASONS

Under the existing provisions of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act , 1977 , the clubs , gymkhanas and such other institutions though pro- viding facility of accommodation of lodging for a monetary consideration are not covered by the term "hotel" and thereby Government loses revenue . In order to bring more revenue to the State Exchequer, it was considered necessary to widen the scope of the term ' hotel' defined in section 2 of the Act .

As the Gujarat Legislative Assembly was not in session, the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) (Amendment ) Ordinance , 1994 was promulgated to amend the said Act to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

CHHABILDAS MEHTA, Dated the 8th June, 1994 .

By order and in the name of the Govenor of of Gujarat ,

KUM . H. K. JHAVERI ,

Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 9th June , 1994 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR / 2 Extra No. 14 .

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXV]

FRIDAY JUNE 10 , 1994/ JYAISTHA 20 , 1916

Soparate paging is given to this Part in order that t may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette, The date ofpublication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to to rule 127A of the Gujarat egislative Asseınbly Rules.-

THE DR . BABASAHEB AMBEDKAR OPEN UNIVERSITY BILL, 1994.

GUJARAT BILL NO. 14 OF 1994 .

ABILL

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Dr. Babasaheb Ambedkar Open University Act, 1994.

Short title and commen cement .

(2) This section shall be deemed to have come into force on the 13th April , 1994 and the remaining provisions of this Act shall be deemed to have come into force on the 26th April , 1994.

Definitions, 2. In this Act , unless the context otherwise requires,-

"(1) "Authorities " means the authorities of the University specified in section 15 ;

(2) "Academic Planning Board" means the Academic Planning Board of the University constituted under section 17 ;

(3) "Board of Managervant" means the Board of Management of the University constituted under section 16 :

(4) " Chancellor" means the Chancellor of the University ;

(5) "distarice elucution system" means the system of imparting education through any means of communication such as broadcasting telecasting , correspon- dence courses, seminars, contact programrues or the combination of any two or more of such means ;

14-1

V-Extra 14-1

INDEX [PART- V 14-2

GUJ . GOVT . GAZ . EX. , 10-6-94

(6) " employee" means any person appointed by the University, and includes teachers and other scadernio staff of the University ;

(7) " Finance Cor.mittee " means the Finance Committee of the University consti tuted under section 18 ;

(8) " prescribed" means prescribed by the Statutes , Ordinances , Regulations or Rules made under this Act ;

(9) "recognised institution" means an institution established for research or specialised studies and recognised as such by the University ;

(10)."regional centre" means a centre established or maintained by the Univer- sity forfor the purpose of o- ordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management

(11) " school" means a school of studies of the University ;

(12) " Statutes" , " Ordinances " and " Regulations" means respectively, the Statutes, Ordinances and Regulations of the University made under this Act and for the time being in force }

(13) " student" means a student of the University , and includes any person who has enrolled himself for pursuing any course of study of the University ;

(14). " study centre" means a centre established, maintained or recognised by the University for the purpose of advising , counselling, evaluating or for rendering any other assistance required by the students ;

(15) " teachers" means professors , readers, lecturers and such other persons as nay be designated by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University ;

(16) " University" means the Dr. Babasaheb Ambedkar Open University establi- shed under section 3 ;

(17) " Vice -Chancellor" means the Vice -Chancellor of the University .

CHAPTER II

THE UNIVERSITY

3. (1) There shall be established a University by the name of ' the Dr. Babasaheb Ambedkar Open University' .

(2) The headquarters of the University shall be at Ahmedabad , and the University may establish, maintain or recognise institutes, schools, regional centres and study centres at such other places in the State as it may deem fit .

Esta- blishment and incor- poration ofUni- versity.

(3) The first Vice-Chancellor, the first members of the Board of Management, and all persons the Academic Planning Board and Finance Committee who may horeafter become such officers or members , so long as they continue to hold such office or membership, are hereby constituted and declared to be a body corporate by the name of ' the Dr. Babasaheb Ambedkar Open University' ; and the University shall have perpetual succession and a common seal and shall sue and be sued by the said naine .

Objects of Uni- versityn

4. The objects of the University shall be to advance and disseminate learning and knowledge by a diversity of means , including the use of any communication techno- logy, to provide opportunities for higher education to a larger segment of the popu- lation and to promote the educational well being of the community generally, to encourage the Crpen University and distance education system in the education pattern of the State.

INDEX :

PART-V]

GUJ . GOVT. GAZ . EX. , 10-6-94 14-3

5. The University shall have the following powers, namely :

Powers versity. of Uni (i) to provide for instruction in such branches of knowledge, technology, voca- tions and professions as the University may determine from time to time and to make provision for research, advancement and extension ;

( ii) to plan and prescribe courses of study of degreesdiplomas, certificates or for any other purpose ;

(iii) to hold exazination or test and ponfer degrees and diplomas on, and grant certificates or other academic distinotions or recognitions to persons who have pursued approved course of study in the University or conducted research in the manner Isid down by the Statutes and Ordinances ;

(iv) to confer honorary degrees or other academic distinctions in the manner laid down by the Statutes ;

certificate conferred or ( ) to withdraw or cancel any degree, diploma or granted by the University in the manner prescribed by Statutes ;

1 (vi) to determine the manner in which distance education system in relation to the academic programmes of the University may be organised ;

(vii) to institute professorships, readerships, lecturerships, and other academic posts necessary for imparting instruction of for preparing educational material or for conducting other academic activities including guidance, designing and delivery of course and evaluation of the work done by the students and to prescribe their qualifications ;

(viii) to appoint, engage or recognise persons as teachers ;

(ix) to lay down the courses of instruction for the various examinations ;

(x) to co-operate with, and seek the co- operation of , other. Universities and institutions of higher learning, professional bodies and organisations for such purpose as the University, may determine :

(21) to hold and manage trusts and endowments and institute and award fellowships, scholarships , medals, prizes and such other awards for recognition of merit ;

(xii) to establish, maintain or recognise such regional centres as may be deter- mined by the Univeraity from time to time ;

(xiii) to establish, maintain or recognise study centres in the manner laid down by thethe Statutes ;

to (zie ) to inspect regional centres, study centres and recognised institutions and training are maintained in them and that adequate library and laboratory provi- ensure that proper standards of instruction, teaching and sions are made therein ;

(2 ) to provide for the preparation of instructional materials including films, cassettes, tapes, video cassettes and other software ;

(xvi) to organise and conduct refresher courses, workshops , seminars and other programmes for teacher, lesson writers, evaluators and other academic staff ;

(zvii) to organise common laboratories, libraries, museums and other equipments for teaching and research ;

as (xviii ) to recognise examinations of, or periods of study (whether in full or part) at, other Universities, institutions or other places of higher learning equivalent to examinations or periods of study in the University, and to withdraw suok recognition at any time ;

INDEX [PART-V

14-4

GUJ . GOVT. GAZ . EX. , 10-6-94

(ziz) to make provision for research and development in educational technology and matters related thereto ;

(22 ) to create administrative , ministerial and other posts as the University may deem necessary from time te time and to make appointments theretó

(ami) to receive benefications , donations and gifts for educational and other social or national causes and maintain proper accounts thereof;

(zzii) to sequire, hold and manage property both movable and immovable, to lease , sell or otherwise transfer or dispose of any property movable: or immovable, which may vest in, or be acquired by it , for the purposes of the University, and to contract and do all other, acts and things necessary for the purposes of this Art

1 Provided that no such lease, sale of transfer of immovable property shall be made without the prior consent of the State Government :

Provided further that where the State Government is satisfied that any such property may, in the interest of the University, be given on lease, sold or other wise transferred or disposed of, the State Government shall issue necessary directions to the University and the University shall comply with such directions forthwith ; 7.

(xxiii ) to borrow, with the approval of the State Government , whether on the security of the property of the University or otherwise , money for the purposes of the University ;' :

(zai ) to enter into , carry out , vary or cancel contracts ;

(xxv) to fix, demand and receive such fees and other charges , as maybe prescribed by the Ordinances

(xxvi ) to promte control and maintain discipline among the students of the University ,

( cavii) to layay down and regulate the salary scales, allowances and other condi tions of service of the employees and the members of the teaching, other academia and non-teachig staff of the University and their code of conduct ;

(xxviii) to recognise any, institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition ;

(xxix ) to engage, either on contract or otherwise , visiting professors, emeritus professors , consultants, fellows , scholars , artists , course writers, stid such other persons who may contribute to the advancement of the objects of the University ;

(xxx) to conduct, co-ordinate, supervise , regulate and control post-graduate teaching and research work in the University ;

( xxxi) to rerecognise persons working in other Universities , institutions or organışa- tions as teachers of the University on such terms and conditions as may be laid down by the Ordinances

: (xxxii, to determine standards and to specify conditions for the admission of studentes to course of study of the University which may include examination, evaluation and any other method of testing ;

(xxxiii) to take disciplinary action against the students of the University and to impose such punishment upon theres nay be deemed fit for breach of discipline or misconduct , within or outside the University including the use ofunfair means at an examinationer in relation thereto by themselves or by any other persons or abetment thereof ;

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GUJ . GOVT . GAZ . , EX . , 10-6-94

i (zwiv) to make arrangements for the promotion of the general health and wel- fare of the students and the employees ;

(amov) to do all such other acts as may be necessary or incidental to the exercise of all or any of the powers of the University and conductive to the promotion of the object of the University .

6. The University shall, in exercise of its powers, have jurisdiction over the whole of the State of Gujarat..

Jurisdi- diction.

Univer sity open to all classes, castes and creeda.

7. ( 1) The University shall be open to persons of either sex and of whatever race, creed, caste or class and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever relating to sex, race , creed, caste, class or religious belief or profession or political or other opinion in order to entitle him tobe be appointed as a tescher of the University or to hold any other office or post therein or admitted as a studstudent in the University or to graduate thereat or to qualify foranyany degree, diploma or other academic distinction or to enjoy or exercise any privilege of theof the University or any benefication thereof.

(2) Nothing in sub-section ( 1 ) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of per sons belonging to the weaker sections of the society, and in particular, of person belonging to the Scheduled Castes or Scheduled Tribes, in accordance with the directives, if any, given from time to time by the State Government .

CHAPTER III

OITIOERS OF THE UNIVERSITY

8. The following shall be the officers of the University, namely:--

( i) the Chancellor;

Officers of Uni versity.

( ii) the Vige-Chancellor;

(iii) the Directors ;

(iv) the Registrar;; and

(2) such other officers in service of the University as may be deplared by the Statutes to be officers of the University.

9. (1) The Governor of Gujarat shall be the Chancellor of the University. Chancellor and his powers.

(2) The Chancellor shall be competent to call from time to time such information or records relating to any affairs of the University, and the Vice-Chancellor shall fur- nish the same. It shall also be lawful for the Chancellor, after perusal of such infor-: mation or records , to give in the interest of the University, directives to the Vice- Chancellor as he deems fit, and the Vice- Chancellor shall comply with such directives..

(3) Subject to the provisions of sub- sections (4) and ( 5) , the Chancellor shall have the right to cause an inspection to be made, by such person or persons as he may direct , of the University, its buildings, libraries, laboratories and equipments and ofany regional centre cr a study centre and and other work conducted or done by the University, and to cause an inquiry to be also of the examination, instruction made in like manner in respect of any matter connected with the administration and finances of the University .

(4) The Chancellor shall, in every case, give notice to the University of his inten- tionto cause an inspection or inquiry to be made and the University shall, on receipt of such notice , have the right to make, within thirty days from the date of receipt of the notice or such other period as the Chancellor determine, such representation to him it may consider necessary.

made by the University, the referred to in sub- (5) After considering; the representation, if any, Chancellormay cause to be made such inspection or inquiry as section(3).

(6) Where an inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard at such inspection or inquiry.

V-Extra 14-2

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GUJ. GOVT . GAZ . EX. , 10-6-94

(7) The Chancellor may address the Vice- Chancellor with reference to the result ofsuch inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Chancellor may be pleased to offer and on receipt of the address made by the Chancellor, the Vice -Chancellor shall communicate forthwith to the Board of Management the result of the inspection or inquiry and the views of the Chancellor and the advice tendered by him with regard to the action to be taken thereon.

(8) The Board of Management shall communicate through the Vice- Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it on the result of such inspection or inquiry.

(9) Where the Board of Management does not take action to the satisfaction of the Chancellor within a time limit fired by the Chancellor, the Chancellor may, after considering any explanation furnished of representation made by the Board of Manage- ment, issue such direction as he may think fit and the Board of Management shall be bound to comply with such direction.

(10) The State Government may, whenever it deems fit, cause a like inspection- or inquiry to be made in the manner described in sub- sections ( 2) to (9) and shall have, for the purposes of such inspection or inquiry , all the powers of the Chancellor under the said sub -sections .

Vice- Chance. Hor,

10. (1) The Vice -Chancellor shall be appointed by the State Government from amon- gst three persons recomriended under sub -section (3) by a Committee appointed for the purposes under sub -section (2) .

(2) (a) For the purposes of sub -section (1 ) , the Chancellor shall appoint & Committee whichshall consist ofthe following members , namely:-

(i) one member not connected with the University to be nominated in the manner prescribed by the Statutes by the Board of Management;

(ii) one member to be nominated in the manner prescribed by the Statutes by the Vice-Chancellors of all the Universties established by law in the State of. Gujarat;

(iii) one member to be nominated by the Chancellor .

(6) The Chancellor shall appoint one of the three members of the Committee as its Chairperson.

(3) The Committee so appointed shall within a reasonable time select three persons whom it consider it for being appointed as Vice- Chancellor and shall recommend to the StateGovernment the names of the persons so selected together with such other parti- culars as may be relevant :

Provided that as far as possible , the Committee shall not select any such person who if appointed. asVice-Chancellor would cease to hold that office on account of attaining the age of 65 years before completion of the term of three years .

(4) The Vice -Chancellor shall hold office for a term of three years and he shall be eligible for re- appointment to that office for a further term of three years :

Provided that the State Government may require any Vice- Chancellor after his term has expired, to continue in office for such period not exceeding a total period of one year as may be specified by the State Government .

Provided further that no person appointed as Vice-Chancellor shall continue to hold office as such after he attains the age of 65 years .

( 5) The emoluments tobe paid to the Vice- Chancellor, and the terms and conditions subject to which he shall hold office , shall be such as may be prescribed by the Statutes;

Powers of Vios- Charice- Nor.

11. (1) The Vice-Chancellor shail be the principal academic and executive officer of the University , and shall exercise the power of supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

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14--7

GUJ . GOVT. GAZ . EX . , 10-6-94

(2) Notwithstanding anything contained in this Aot , if the Vice -Chancellor is of the opinion that inmediate action is necessary on any matter, he may exercise any power conferred on any authority of the University by or under this Act and shall inform auch authority, about the action taken by him on such matter:

Provided that if the authority concerned is of the opinion that such action ought not tohave been takan, it may refer the matter to the Chancellor whose decision thereon shall be final;

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice -Chancellor under this sub -section shall have the right to appeal against suol. action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon thethe Board of Management may confirm , modify or reverse the action taken by the Vice-Chancellor.

(3) Notwithstanding; anything contained in this Act , the Vice- Chancellor, if he is of the opinion that any decision or order of any authority is beyond the powers of the authority conferred on it or is inconsistent with the provisions of this Act , Statutes, Ordinances, Rules or Regulations or that any decision taken is not in the interest of the University or is likely to lead to breach of peace, he may ask the authority con- cerned to review its demision within sixty days of such decision and if the concerned authority refuses to review its decision either in whole or in part as directed by the Vice -Chancellor or no decision is taken by it within the said period of sixty days, the .... matter shall be referred to the State Government whose decision thereon, shall be final:

(4) Where the authority after reconsideration, revises or modifies the decision or order in the manner stated by the. Vice -Chancellor , such revised or modified decision or order shall revive fremthe date of such revision or modification .

(5) It shall be the ciuty of the Vice-Chancellorto ensure that this Act, the Statutes, Ordinances; Regulations and Rules are faithfully observed and he shall have allpowers necessary for this purpose.

(6) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed bythe Statutes and Ordinances .

Directors .

Regis- trar.

13. (1) The Registrar shallbe appointed in such manner, on such emoluments and other conditions of service as may be prescribed by rules made by the State Government :

(2) The Registrar empowered by the Board of Management shall have the power to enter into and siga agreements and contracts and authenticate records on behalf of the University.

(3) The Registrer shall exercise such powers and perform such duties and functions as may be prescribed by the Statutes.

Other officers.

14. The manner of appointment , emoluments, powers and duties of the other officers ofthe University shall be such as may be prescribed by the Statutes .

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

15. The followingshall be the authorities of the University, namely :-

Authori-

(i) the Board of Management;

Univer .

ties of sity.

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GUJ . GOVT . GAZ . , EX. , 10-6-94

(ii) the Academic Planning Board;

(iis) the Finance Committee;

(iv) such other authorities as may be declared by the Statutes to be the authori- ties of the University.

16. (1) The Board of Management shall be the principal executive body of the University.

Board of Mariage- meat...

(2) The constitution of the Board of Management, the term of office of its members. and its powers and furctions shall be such as may be prescribed by the Statutes..

Acade mie Planning Board.

17. (1) There shall be constituted anAcademic Planning Board of the University which shall be the principal academic and planning body of the University. The Board. shall be responsible for thefor the maintenance of standards of learning, education, instruction evaluation and examination within the University and shall also be responsible for the monitoring of the developments of the University and shall exercise such powers and perform such other duties and functions as may be conferred or imposed upon it by the Statutes. :

(2) The constitution of the Academic Planning Board, the term of office of its members and its powers and functions shall be such as may be prescribed by the Statutes.

18. The constitution , power, duties and functions of the Finance Committee shall. be such as may be prescribed by the Statutes.

Finance Commi- ttes .

Other authori- ties .

CHAPTER V

STATUTES , ORDINANCES , REGULATIONS AND RULES

Statutess 20. Subject to such conditions as may be prescribed by or under the provisions of this Act , the Statutes muy provide for all or any of the following matters, namely:-

(a ) the powers, duties and functions that may be exercised and performed by the Vice-Chancellor;

(6) the emolumens and other conditions of service of the Vice-Chancellor;

1 (c) the manner of appointment and emoluments of the officers, and the powers, duties and functions that may be exercised and performed by the Directors, Regis trar and other officers ;

(e) the manner of appointment of teachers and other employees of the Uni- versity, qualifications, code of the conduct and other conditions of service includ- ing the manner of termination of service and other disciplinary sotion;

(f) the acceptance and management of trusts, bequests, donations and endow- ments :

(g) conferment of honorary degrees ;

(k) holding of convocations to confer degrees ;

(i) institution and maintenance by the University of departments, centres of research or specialised studies and post-graduate centres;

(j) registration . of graduates and maintenance of register of registered graduates;

(4) procedure at meetings of the authorities of the University and for the transaction of their business;

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GUJ . GOVT. GAZ . , EX. , 10-6-94

PART-VI

(1) the maximum number of students to bradmitted in the study centres ;

(m) all other matters which, by or under this Act . are to be , or may be pres- cribed by the Statutes .

Making of Statutes 21. (1 ) The first Statutes shall be framed by the State Government .

(2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statures referred to in sub-section (1):

Provided that the Board of Mangement shall not make , amend or repeal any Statute affecting the status, powers or constitution of any authority of the Univer- sity until suchsuch authority has been given a reasonable opportunity to express, within time fixed by the Board of Management , its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Board of Manage- ment .

(3) Every new Statute or addition to the Statutes or any amendment or rupeal thereof shall be presented to the Chancellor who may assent thereto or withhold assent or remit to the Board of Management for reconsideration is the light of the observations, if any , made by him .

(4) A new Statute or a Statute amending or repealing thexisting Stature shall not be valid less it has been assented to by the Chancellor.

Ordina- nces .

22. ( 1) Subject to the provisions of this Act and the Statutes , the Ordinances may provide for all or any of the followig matters , namely:....

(6) the conduct of examinations , including the terrnus and conditions for the appointment of examiners , moderators and such other staff and their duties;

(2) fixation of examination fees and emoluments , travelling and other allow- ances to be paid to the examiners , moderators and such other staff appointed for the examinations work;

(ii) payment , to rechers , lesson writers , evaluators and other academic staff appointed for orgatisation and conducting refresher courses , workshops seminars and other programmes ;

(iii) rates of tution fees and oties receivable from the students;

( iv) ratus of remuneration to be paid to visiting professors , emeritus professors , consultants , fellows , scholars , artists , course writers;

(d) the conduct and discipline of the students and the action to be taken against them for breach of discipline or misconduct . including the following , namely:-

(i) use of unfair means at an examination or in relation thereto , by himself or by any other student , or abetment thereof;

: (ii) refusal to appear or give evidence in any authorised inquiry by an officer incharge of an examination , or by any officer or authority of the Uni- versity; or

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INDEX [PART-V 14-10

GUJ . GOVT . GAZ . EX . , 10-6-94

(iii ) disorderly or otherwise objectionable conduct whether within or outside the University;

(e) the conduct of examinations and other tests, and the manner in which the candidates may be assessed or examined by the examiners ;

(f) the inspection of regional centres, study centres and recognised institutions

(g) the mode of execution of contracts or agreements for, or on behalf of, the University;

(h) the rules to be observed and enforced by study centres and recognised institutions regarding transfer of students;

(i) the holding of convocations , to confer degrees , diplomas, to grant certi- ficates and other academic distinctionsdistinctions, and recognitions to persons who have passed approved course of study in the University or conducted research;

(1) collaboration with other Universities in the State, other statutory authorities and with departments of the State Government;

(4) the appointments , for a specified period or periods of teachers and other academic staff working in any other University or organisation for undertaking joint projects;

(1 ) the principles governing the seniority of service of the employees of the University;

(m) the procedure for the settlement of dispute between the University and the students ;

(n) provision for reservation of adequate number of posts of teachers , officers and ciher employees of the University for the members of the ScheduledCastes and Scheduled Tribes;

(0) manner of withdrawal of recognition;

(p) generally all matters for which provision is in the opinion of the Board of Management necessary for exercise of the powers conferred or the performance of the duties,

(g) any other matter which by this Act or the Statutes is to be, or may bé, provided for by the Ordinances .

(2) The first Ordinances shall be made by the Vice-Chancellor or in his absence by the Board of Management with the previous approval of the State Government and the Ordinances may be amended, rerepealed or added to at any time by the Board of Management in such manner as may be prescribed by the Statutes .

Regula tions .

28. The authorities of the University may, subject to the approval of the Board of Managenunt , make regulations consistent with this Act, the Statutes and the Ordi- nances for the conduct of their own business and that of the committees, if any, appointed by then and not provided for by this Act, the Statutes or the Ordinances, in such manner as may be prescribed by the Statutes .

24. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act .

Power to malre rules.

(2) In particular and without prejudice to the gencrality of the foregoing power, such rules may be inade forallor any ofthe following matters, namely :--

(a) manner of appointment, emoluments and other conditions of service of the Directors under section 12;

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PART-V]

(6), manner of appointment , emoluments and other conditions of service of the Registrar under section 18; and

(3) All rules marle under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legisla- ture may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be publi- shed in the Official Gasette and shall, thereupon , takr effect .

CHAPTER VI

FINANCE

४ 25. (2) The University shall establish a fund to be called the University Fund .

Univer- sity fund.

(2) The following shall form part of, or be paid into , the University fund, namely : -

(a) all contributions or grants made by the State Government the Central Govern- ment, the Indira (landhi National Open University and the University Grants Commission;

(6) the income of the University from all souross whatsoever including income from fees and chargen ;

(d) any sums borrowed from the Banks with the previous permission of the State Government . :

(3) The University shall have, and maintain, & Contingency Fund under a separate head in the University accounts , to which shall be credited such sums as may, from time to time , be granted as contributions or grant by the State Governmentant specially for this purpose . Such Fund shall be used only for making advances for the purpose of meetingunforeseen expenditure .

(4) With the provicus sanction of the State Government, any portion of the Univer- sity Fund may from time to time, be credited by the University to a separate head in the University accounts:

Provided that there shall be credited and debited to such special head only such sums as shall expressly relate to the objects for which such separate fund is created:

Provided further that the Board of Management may, by passing a special resolu tion, authorise transfer of any amount temporarily from one head to another in the University accounts ..

II of .

1934 .

(5) The University Fund shall , at the discretion of the Board of Managemont,be kept in the State Bank of India, or in any Scheduled Bank as defined in the Reserve Bank of India Act , 1934 , which holds a licence issued by the Reserve Bank of India under section 22 of the Banking Regulation Act . 1949.

10 of 1949.

26. ( 1) The annual financial estimates of the University for the ensning financial year' shall be prepared under the direction of the Board of Management , at least five months before the commencement of the financial year .

Annual financial estimate.

(2) The financial year of the University shall be the same as that of the State Government .

(3) The financial estimates shallbe submitted to the Board of Management for its approval .

INDEX [PART-V 14-12

GUJ . GOVT. GAZ . , EX. , 10-6-94

(4) The Board of Management shall thereafter forward the copies of the financial ofestimates to the State Governinent ."

27. (1) The annual statement of sccounts of the University for a financial year be prepared under the direction of the Board of Management within a period of three months, afterafter the close of the finansial year. avshall be

Annual accounts and audit .

(2) The annual accounts as approved by the Board of Management shall be audi ted by the Auditor appointed by the State Government.

with the copy of auditthe (3) The annual accounts, as approved by the Board of Management and a copy together report of the statement showing thethe sctionsotion taken by the University on the objections and points raised by the Auditor in his previous reports, shall be forwarded by the Board of Management as soon as possible and in any case, within the period ofnine months from the end of financial year to the State Government and to the Auditor appointed by the State Government .

(4) It shall be competent for the State Government to give directions to the Univer- sity regarding the manner in which the accounts relating to certaincertain specific activities or schemes shall be maintained or to take necessary action against the authority, the officer or any employee of the University found guilty in the audit report for commi tting irregularities and the University shallhall act according to the direction of the State Government .

Annual Report.

28. The annual report of the University shall be prepared under the directions of the Board of Management which shall include, among other matters, the steps taken by the University towards the fulfilment of its objectives .

29. (1) Without obtaining the prior approval of the State Governemnt or any . officer authorised by it in this behalf, the University shall not-

(1) create any new post of officers, teachers or other employees;

Finan- cial con- trol of State Govern- ment.

(ii) revise the pay, allowances , post- retirement benefits and other benefits having financial implications offered to its officers, teachers and other employees;

(iii) incur any expenditure on any development work.

(2) Any post created, any financial benefits offered to its officers, teachers and other employees or any experany expenditure incurred on any development work, without the prior approval of the State Government or such authorised officer, may be treated as unapproved expenditure for the purposes of payment of grant in-sid.

CHAPTER VII

SUPPLEMENTARY PROVISIONS

;

30. (1) Evory employee of the University shall be appointed under written contract and such contract shall not be inconsistant with the provisions of this Act , the Statuten and the Ordinances .

Condi- tions of service of emp- loyees .

(2) The contract referred to in sub-section(1) shall be lodged with the University and a copy of which shall be furnished to the omployee concerned .

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:: GUJ . GOVT. GAZ . , EX. , 10-6-94. 14-13

Tribunal of Arbitra tion.

Xof 1940.

31. Any dispute arising out of a contract between the University and any officer or teacher of the University shall , on the roquest of the officer or tescher concerned,be referred to a Tribunal of Arbitration consisting of oneone member nominated by the Board of Management, oneone member nominated by the officer or teacher concerned and an umpire to be nominated by the Chancellor. The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal . Every such request shall be deenied to be submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 1940, and the provisions of that Act shall apply sccordingly.

Delega- tion of powers .

32. Subject to the provisions of this Act and the Statutes, any officer or authority of the University may , by order , delegate his or its powers , except the power to make Statutes, Ordinance, andnoe, and Regulations to any other officer or authority under his or its control, and subject to the condition that the ultimate responsibility for the exercise of the powers so delegated shall continur to vest in the officer or authority delegating them.

38. (1 ): Where any question arises as to

(n) the interpretation of any provision of this Act or any Statutes, Ordinances Regulations or Rules , or

(b) whether any person has been duly appointed as, or is entitled to be, a member of any authority or other body of the University,

Disputes as to constitu- tion of University Authori- ties and bodies .

the matter shall be referred to the State Goverunat whose decision theroon shall be final .

(2) Any nominee or ex- officio member appointed on any authority or body of the University shall be deemed to have vacated his office, whenever lis nomination or appointment is cancelled by the authority concerned or he ceases to hold office by virtue of which he has been a member of the authority or body of the University.

casual vacancy. Filling of 34. When any vacancy occurs in the office of a member (other than an ez -officio member) of any authority or other body of the University before the expiry of the term of office of such anember, the vacancy shall be Elled up, as soon as conveni- ently may be, by appointment or co -option , as the case may be , of a member wlio shall hold office so long only as the member in whose pace he has been appointed or co - opted would have held it , if the vacancy had not occured.

35. No act or proceedings of fany authority or any other body of the University shall be invalidated merely by reason of any vacency in its membership .

Procce dings not invar lidated by vacen- cies .

36. It shall be the duty of every authority and officer of the University to ensure that the interest of the University is duly safc -guar- led.

Autho- rities and officers to be respon- sible.

employee 37. No suit or other legal proceedings shall lie against any officer , employee or authority of the University for anything which is in good faith done or intended to be done in pursuance of any ofof the provisions of this Act, the Statutes, the Ordinances , the Regulations or the Rules .

Frotee- tion of action taken in good faith.

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Mode of proofof Univer- :

sity

record.

38. A copy of any receipt , application , notice, order, proceedings,, resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be admitted as evidence of the matters and trans- actions specified therein, whoze the original there would, if produced, have been admissible in evidence .

Power to remove diffiou-

Ities .

39. If any difficulty arisos in giving effect to the provision of this Act , the State Government may by order, published in the Official Gazette, make such provisions not inconsistant with the provisions of this Act , as appears to it to be necessary or expedient for removing the difficulty.

40. Notwithstanding anything bontained in this Act and the Statutes,-

tional

Transi- provi-

sions.

(a) the first Vice -Chancellor and the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of this Act , for a period not exceeding three years on such terms and conditions as the State Government thinks fit;

(" the mat. Board of Management shall consist of not more than fifteen members who shall be nominated by the State Government and they shall hold office for a term of three years ;

(c) the first Academic Planning Board shall consist of not more than eleven members who shall be nominated by e Government and they shall hold office for a term of three Years; and .

(d) the first Finance Committee shall consist of not, more than seven members who shall be nominated by the State Government and they shall hold office for a term of thı years .

. Guj . Ord.

11.(1) The Dr. Babasaheb Ambedkar Open University Ordinance, 1994, is hereby repealed

5of

1994. Repeal and savings.

(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shallbe deemed to have been done or taken under this Act.

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GUJ . GOVT . GAZ . EX. , 10-6-94

STATEMENT OF OBJECTS AND REASONS

At the State level , there is no Open University imperting higher education in the regional language . It is, therefore, considered necessary to establiskan Open University in the State to imipart higher education. The Open University based on rich bettage of State shall endeavour through extension ofeducation and training to play positive role in the development of the State and thereby promote and advance the culture of the people of the State.

For this purpose, a Bill called the Dr. Babasaheb Ambedkar Open University Bill , 1994 was introduced in the Gujarat Legislative Assembly on 11th February, 1994 but could not be taken up for consideration by the House for want of time. Therefore, as the Gujarat Legislative Assembly was not in session , the Dr. Babasaheb Ambedkar Open University Ordinance, 1994 was promulgated on 13th April , 1994 to enable the State Government to establish an Open University from the academic year June, 1994. This Bill seeks to replace the said Ordinance by an Act ofthe State Legislature.

The following notes on clauses explain some of the important provisions ofthe Bill : -

Clause 1. This clause provides for short title and commencement .

Clause 2. This clause provides for definitions .

Clauses 3 to 7. Those clauses provide for the establishment and incorporation, objects, powers and the jurisdiction of the University.

Clauses 8 to 14. These clauses relate to officers of university and their powers, duties and functions .

Clauses 15 to 19.-These clauses relate to the constitution of different authorities of the University and their powers, duties and functions.

Clauses 20 to 21.- These clauses relate to the making of Statutes, Ordinances, Regulations and Rules by certain Authorities.

Clause 25. This clause provides for University fund .

Clauses 26 to 29.-These clauses provide for the preparation of the annual financial estimates, annual account, audit, annual report and the financial control of the State Government.

Clause 30. This clause provides for the conditions of service of employees of the University.

Clause 31. This clause provides for the Tribunal of Arbitration in case ofdispute arising out of a contract between the University and any officer or teacher of the University.

Clause 32. This clause provides for delegation of powers to any officer or authority of the University.

Clauses 34 to 37.- These clauses provide for filling up of casual vacancies, proceed- ings of any authority of University are not invalidated by vacancies, interest of Uni- versity is to be safeguarded by the officers and authority and indemnify any officer faith:

or employees of the University for his astion done or intended to be done in good

Clause 39, This clause provides for the powers of the State Government to remove difficulty.

INDEX [PART-V

GUJ . GOVT. GAZ . , EX . , 10-6-94

14-16

Clause 40. This clause makes provision for appointment of the first Vice-Chancellor and the Registrar for a period not exceeding three years after passing of the Act . It also provides for the constitution of the first Board of Management, Academic Planning Board and Finance Committee for a term of three years.

NARHARI-AMIN,

FINANCIAL MEMORANDUM

Sub-clause (2 ) ( a) of clause 25 of the Bill contemplates payment of contribution or the grant to the University among others by the State Government . This provision, if enacted, and brought into operation would involve an estimated annual recurring expenditure of rupees two crores and forty-one lakhs from the Consolidated Fund of the Stato towards the grants to be made to the University.

NARHARI AMIN,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill provides for delegation of legislative powers in the following respects;-

Clause 5.--( i ) This clause empowers the concerned authority of the University to prescribe the powers specified in that"olause .

( ii) Sub -clause ( iii ) of this clause empowers the concerned authority of the University to presoribe the manner in which approved course of study are to be pursued, the examination and tests to be passed and conditions under which research is to be carried on by persons on whoin the University may confer degree and diplo- mas and to whom it may grant certificate.

(iii) Sub- clause ( iv ) empowers the Board of Management to prescribe by Statutes the manner in which honorary degrees or other academic distinctions. are to be conferred by the University .

(iv ) Sub-clause (r ) empowers the Board of Management to prescribe by Statutes the manner in which the University may withdraw or cancel any degree , diploma or certificate conferred or granted by the University.

(v ) Sub - clause ( ci) empowers the University to determine manner in which distance lucation in relation to academic programm:gramm: of University may be organised.

(vii ) Sub -clause ( vii ) empowers the University to prescribe the qualification for the posts of Professor , Reader, Lecturer and other serd mie posts .

(viii) Sub -clause (is) empowers the University to lay down the courses of in- struction for various examinations.

(ix) Sub-clause (xii) empowers the Board of Management to establish, main- tain or recognise study coutros in the manner laid down in Statutes .

(2) Sub -clause ( 22) ompowers the Board of Management to prescribe by Ordi- nances, the fees ad ether charges to be fixed, domanded or received by tho University.

(zi ) Sub - clave (xzzi) empowers the Board of Management to recognise person working in other Universities, instutitions or organisertions on such terms and condi- tions as laid down in the Ordinance .

( i) Sub -clause (rerii) empowers the University to determine the standard and to spcoify the conditions for admission of students to the courses of study.

INDEX 14-17 PART-

GUJ . GOVT . GAZ . , EX. , 10-6-94

V门

Clause 8.- This clause empowers the Board of Management to declare by Statutes other officers in the service of University to be officers of the University.

Clauss 10-(i) . Sub -clause (2)(a) ( i) of this clause empowers the Board of Management to nominate one Member not connected with the University , on the Committee in the manner prescribed by Statutes and sub- item (ii ) empowers the Vice -Chancellers of all University to nominate one Member on the Committee in the manner prescribed by Statutes.

(ii) Sub-clause ( 5) of this clauso empowers the Board of Management to determine by the Statutes the emoluments to be paid to the Vice -Chancellor and the terms and conditions subject to, which he shall hold office.

Clause 11. Sub -clause (6) of this clause empowers the Vico- Chancellor to exercise such other powers and perform such functions as inay be prescribed by Statutes and Ordinances .

Clause 12. This clause empowers the State Government to prescribe by rules the manner, the emoluments and conditions of service on which the Directore shall be appointed.

Clause 13.-( i) Sub- clause ( 1) of this clause empowers the State Government to prescribe the manner, the emoluments and conditions of service on which Registrar shall be appointed .

( ii) Sub -clause ( 3) of this clause empowers the Registrar to exercise such powers and perform such duties and functions as may be prescribed by the Board of Management by the Statutes .

Clause 14. This clause empowers the Board of Management to prescribe by Sta tutes the manner of appointment, emoluments and the powers and duties of the other officers of the University.

Clause 15.-Item (iv) of this clause en powers the Board of Management to de- clare by Statutes such authorities to be the authorities of the University.

Clause 10.-Sub -clause (2) of this clause empowers the Board of Management to prescribe by Status its constitution, the term of office of its members and its powers and functions .

Clause 17. Sub-clause ( 2) of this clause empowers the Board of Management to prescribe by Statutes the constitution of Academic Planning Board, the term of its members and the powers and functions to be performedmed byby it.

Clause 18. This clause empowers the Board of Management to prescribe by Statutes the constitution of Finance Committee and the powers , duties and functions to be performed by the Committee .

Clause 19.--This clause empowers the Board of Management to prescribe by Statutes the constitution, powers , duties and functions of other authorities of the University.

Clause 20. This clause empowers the Board of Management to prescribe by Statutes all or any of the matters enumerated in sub-clauses (a) to (m) .

lause 21.-- This clause crapowers the State Government to frame the first Statutes and also empowers the Board of Management to make, amend , repeal or add to those Statutes .

V-Extra 14-5

INDEX 14-18

GUJ.GOVT . GAZ . EX. , 10-6-94

[PART-V

Clause 22.-Sub-clause ( 2 ) of this clause empowers the Vice-Chancellor and in his absence the Board of Management to make first Ordinance for the matters specified in sub-clause ( 1) with the previous approval of the State Government and also empowersvers the Board of Management to amend , repeal or add to those Ordinances ..

Clause 23. This clause empowers the authorities of the University to make regulation with the approval of the Board of Management in the prescribed manner. :

Clause 24. This clause empowers the State Government to make rules generally for carrying out the purposes of the Act and particularly for all or any of the matters specified in sub - clause. (2) .

Clause 32. This clause empowers the officer or authority to delegate his or its powers to any other officer or authority.

The delegation of the aforesaid legislative powers is necessary and is of a normal character .

Dated the 9th June , 1994.

NARHARI AMIN .

By order and in the name of the Governor ofGujarat,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 10th June , 1994.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2 Extra No. 15

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY , JUNE 10, 1994/ JYAISTHA 20 , 1916

Vol . XXXV ]

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translationion to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-

THE BOMBAY STAMP ( GUJARAT AMENDMENT) BILL 1994.

GUJARAT BILL NO . 15 OF 1994 .

A BILL

further to amend the Bombay Stamp Act, 1958 .

It is hereby enacted in the Forty-fifth year of the Republic of India as follows: -

1. (1) This Act may be called the Bombay Stamp (Gujarat Amendment) Act , 1994 .

Short title and comm- encement.

(2) This section shall be deemed to have come into force on the 31st March, 1994 and the remaining provisions of this Act shall be deemed to have come into force on the 4th April , 1994 .

2. In the Bombay Stamp Act , 1958 (hereinafter referred to as "the principal Act" ), in section 2,

Bom. LX of 1958 .

(1) after clause (dd) , the following new clause shall be inserted, namely:-

Amendme- ntofsection 2 of Bom, LX of 1958.

15-1

V-Extra- 15-1

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 10-6-1994

15-2

"( e) " clearance list" means a list of transactions relating to contracts required to be submitted to the clearing house of an association in accordance with the rules or bye - laws of the association :

Provided that no instrument shall, for the purposes of this Act , be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by a properly constituted attorney, namely

Bom . LX of1958.

"I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye -laws of the association . I/We further declare that no transaction for which an exemption is claimed under Article 5 or Article 39 in Schedule I to the Bombay Stamp Act, 1958, as the case may be, is omitted ."

Explanation .-For the purposes of this clause, transaction shall include both sale and purchase." ;

(2) for clause (g ) , the following clause shall be substituted, namely :-

"(g) "conveyance " includes ,-

(i) a conveyance on sale,

(ii) every instrument,

(iii) every decree or final order of any Civil Court ; or

I of 1956.

(iv) every order made by the High Court under section 394 of the Companies Act, 1956 in respect of amalgamation of companies,

by which property, whether movable or immovable , or any estate or interest in any property is transferred to , or vested in, any other person, inter vivos , and which is not otherwise specifically provided for by Schedule I.

Explanation . For the purposes of this clause, an instrument whereby a co -owner of any property transfers his interestto another co - owner of the property and which is not an instrument of partition shall be deemed to be an instrument by which property is transferred inter vivoς ; " ;

(3) after clause (j) , the following new clause shall be inserted, namely :---

"(ja) "immovable property" includes land, benefits to arise out of land, and Things attached to the earth, or permanently fastened to anything attachedto the earth;" ;

(4) in clause (la),-

(i) after the words " any movable ", the words "or immovable" shall be inserted;

(ii) for the words " such gift" , the words "such oral gift" shall be substituted ;

(5) in clause (n ),-

(i) for the word "immovable", the words "movable or immovable or both" shall be substituted ,

(ii ) after sub -clause (iv) , the following new sub -clause shall be inserted, namely :-

"(v) a decree or final order of any Civil Court in respect of a lease

INDEX 15-3 PART V] GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

Provided that where subsequently an instrument of lease is executed in pur- suance of such decree or order, the stamp duty, if any, already paid and rècovered on such decree or order shall be adjusted towards the total duty leviable on such instrument;";

(6) after clause (p) , the following new clause shall be inserted; namely :---

"(pa) "movable property" includes standing timber, growing crops and grass , fruits upon and juice in trees and property of every other description, except immovable property, by which any right or liability is or is purported to be created , transfe- rred, limited , extended , extinguished or recorded ;"

3. In the principal Act , in section 3A, after the word " executed" , the words "in respect of the property situated " shall be inserted .

: -nt of secti Amendme- on 3A of Bom. LX of1958.

4. In the principal Act, in section 17, for the words "at the time of execution" the following shall be substituted , namely:

Amendme- nt of secti- on 17 of Bom, LX of1958 .

"at the time of execution or immediately thereafter on the next working day following the day of execution :

Provided that the clearance list described in Articles 18A, 18B, 180, 18D 01 18E of Schedule I may be stamped by an officer authorised by the State Govern- ment by rules made under this Act , if such clearance list is submitted for stamping by the clearing house of an Association in accordance with its rules and bye- laws with the requisite amount of stamp duty, within two months from the date of its execution." .

5. In the principal Act , in section 30,-

(2) in clause (e) , the word " and" . shall be deleted ;

Amendment of section 30 of Bom, LX of1958 .

ii) in clause (f), the word "and " shall be inserted at the end

( (iii) after clause (f), the following clause shall be ' inserted , namely : -

"(g) in any other case, by the person executing the instrument ." .

6. In the principal Act , in section 31 , in sub -section (1) , for the words "not excee- ding twenty five rupees and not less than five rupees" , the words "not exceeding one hundred rupees and not less than twenty- five rupees " shall be substituted .

Amendment of section 31 ofBom LX of1958 .

7. In the principal Act , in section 32A ,-

(1) for sub -section ( 1) , the following sub -section shall be substituted, namely: --

Amendme nt of sect- ion 32A ofBom.LX of 1958 .

XVI of 1908.

"(1) Every instrument of conveyance, exchange, gift,gift , certificate of sale, partition, par- tnership, settlement , power of attorney to sell immovable property when given for consideration or transfer of lease by way of assignment , presented for registration under the provisions of the Registration Act , 1908 shall be accompanied by a true copy thereof; and if an officer registering such instrument under the aforesaid Act or any person refe- rred to in section 33 before whom such instrument is produced or comes in the per- formance of his functions, has reason to believe that the consideration setforth therein does not approximate to the market value of the property which is the subject matter of such instrument , or, as the case may be , the market value of the property which is the subject matter of such instrument , has not been truely setforth therein, he may either before or after registering the instrument or, as the case may be, performing his functions in respect of such instrument, refer the instrument or true copy thereof to the Collector of such district in which either the whole or any part of the property is situated for determining the true market value of such property and the proper duty payable on the instrument under this section.";

INDEX 15-4 [PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 10-6-1994

(2) in sub- section (2 ), for the words and figures " section 31 or " the words and figures "section 31 or instrument or true copy of instrument under" shall be substituted; 1

(3) in sub -section (3), after words " of two hundred and fifty rupees ", the words "or the amount of the proper duty or of the deficient portion thereof whichever is less" shall be inserted;

(4) in sub-section (4, ) for the words "two years" , the words "six years" shall be substituted .

8. In the principal Act , for section 46, the following section shall be substituted, namely:-

Substituti- on of sec- tion 46 of Bom.LX of 1958.

'46. (1) Where any person required to pay any amount of duty, penalty or other sums under this Act does not pay within the time prescribed for its payment he shall be liable to pay simple interest at the rate of twenty four per cent . per annum on such amount or on any less amount thereof for the period for which such amount remains unpaid.

Recovery of duties, penalties and interest .

(2) All duties, penalties, interest and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable or immo- vable pproperty of the person from whom the same are due , or as an arrears of land revenue.".

9. In the principal Act, in section 53, in sub-section (1 ) , after the word and letters " Chapter , III " , the words, letter, brackets and figures "except sub- section (3) of sec- tion 32A " shall be inserted .

Amendm- ent of sec tion 53 of Bom . LX of 1958 .

10. In the principal Act, after section 53 , the following new section shall be inserted namely:-

Insertion of new section 53A inBom. LX of 1958 .

Revision of Collector's decision under sec- tion 32, 32A, 39 and 41.

"53.A. (1) Notwithstanding anything contained in sub-section (3) of section 32, sub -section (3) of section 32A, sub -section (2) of section 39 and sub -section (2) of section 41, when through mistake or otherwise any instruments is charged with less duty than leviable thereon, or is held not chargeable with duty, by the Collector, the Chief Con- trolling Revenue Authority may, within a period of six years from the date of certifi- cate of the Collector under sections 32, 32A, 39 or 41 , as the case may be , required the concerned party to produce before him the instrument and, after giving reasonable opportunity of being heard to the party, examine such instrument whether any duty is chargeable or any duty is levied less thereon and pass an order for recovery of the deficit duty, if any, from the concerned party. An endorsement shall be made on the instru- ment after payment of such deficit duty.

(2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector and such true copy or abstract shall be deemed to be the original instrument for the purposes of this section." .

11. In the principal Act , in Schedule-I-.

(1) in Article 5,- Amendme- nt of Schedule I to Bom . LX of 1958 .

( i) in the heading, after the words "MEMORANDUM OF AN AGREEMENT " , the words " OR ITS RECORDS" shall be inserted;

(ii) in clause (h ), under the heading " exemption " , after the words "Memoran- dum of Agreement" , the words "or its records" shall be inserted;

INDEX 15-5 PART V ] GUJARAT GOVERNMENT GAZETTE , EX. , 10-6-1994:

(2) in Article 6, in clause (2), in sub-clause (a), for items (i) to (viii ) , the following items shall be substituted , namely:--

Fifty paise for every hundred rupees or part thereof .

"(i) where the amount of loan or debt does not exceed Rs . 15,00,000 .

(ii) where it exceeds Rs . 15,00,000 . One rupee for every hundred rupees or part thereof." ;

(3) in Article 18, for the words , "Five rupees", the words " Two rupees " shall be subtsituted;

(4) after Article 18, the following new Articles shall be inserted, namely:-

"184. (1)

The sum of duties payable under Article 5 (6 ) or 39(g ) , as the case may be , in respect ofeach of the entries in such list on the value of the securities cal- culated at the making up price or the contract price , as the case may be .

CLEARANCE LIST , re- lating to the transactions for the purchase or sale of Govern ment securities submitted to the clearing house of a stock exchange.

The sum of duties payable under Article 5 (c) (i) or 39 (f) , as the case may be, in respect of each of the entries in such list on the value of the securities cal- culated at the making up price or the contract price, as the case may be .

XLII of 1956.

(2) CLEARANCE LIST, relating to the transactions for the pur- chase or sale of a share, script, stock, bond, debenture, debenture- stock or other marketable secu- rity of a like nature in or of an incorporated company or other body corporate submitted to the clearing house of a stock exchange whether recognised or not under the Securities Contracts (Regulation) Act, 1956 .

18B . CLEARANCE LIST , rela- ting to the transactions for the pur- chase or sale of cotton submitted to the clearing house of a Cotton Association .

The sum ofduties payable under Article- 5 (d) or 39 (a) , as the case may be , in respect of each of the entries in such list on the units of transactions or part thereof.

180.

The sum ofduties payable under Article 5(e) or 39(b) , as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.

CLEARANCE LIST, rela- ting to the transactions for the purchase or sale of bullion or species submitted to the clearing house of a Bullion Association .

18D.

The sum of duties payable underArtiole 5 (f) or 39 (c) , as the oase may be, in respect of the entries in such list on the units of transactions or part thereof.

CLEARANCE LIST , re- lating to the transactions for the purchase or sale of oil seeds sub- mitted to the clearing house of Oil Seed Association .

sum of duties payable under Article 5 (g ) or 39 (d) , as the case may be , in respect of the entries in such list on the units of transactions or part thereof." ;

18E . CLEARANCE LIST, rela- The ting to the transactions for the purchase or sale of yarn of any kind, non-mineral oil or spices of any kind.

V-Extra-15--2

INDEX 15-6

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 10-6-1994

(5) in Article 20,-

(1) after clause (b ), the following new clause shall be inserted, namely :-

The same duty as is leviable under Article 20(b).;

"( c) CONVEYANCE (not being a transfer charged or exempted under Article No. 56) of the proper- ty which is subject matter of the conveyance so far it relates to premises-

Bom, xxvi of1959 .

(i) of a Corporation formed and registered under the Bombay Non-Trading Corporations Act, 1959; or

Guj.xxviii (ii) of a Board constituted under the Gujarat Housing Board Act , 1961 , or the Gujarat Rural Housing Board Act , 1972 ; or

of 1961. Guj . 22 of 1972.

( iii) to which provisions of the Gujarat Ownership Flats Aot , 1973 apply

Guj . 13 of 1973.

bysuch Corporation, Board, Society, Company or, as the case may be, Associa tion, in favour of its member or, as the case may be, allottee (whether in con- sequence of purchase of his share or not) or by such member or, as the case may be, allottee in favour of another member or allottee (whether in conse- quence of transfer of his share to another member or, as the case may be, allottee or not) ." ;

(2) The existing explanation shall be re-numbered as explanation II and before explanation II as so re -numbered, the following explanation shall be inse- rted, namely :--

"Explanation I. For the purposes of this Article, an agreement to sell an immovable property or an irrevocable power of attorney shall, in case of transfer ofthe possession of such property before , at the time of, or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stamp duty thereon shall be chargeable accordingly:

Provided that the provisions of section 32A shall apply mutatis mutandis to such agreement or power of attorney as are applicable to a conveyance :

Provided further that where subsequently a conveyance is executed in pur- suance of such agreement of sale, or an irrevocable power of attorney, the stamp duty, if any, already paid and recovered on the agreement of sale or an irrevo- cable power of attorney which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance.";

(6) in Article 21 , for the words " Ten rupees ", the words " Twenty rupees " shall be substituted;

(7) inArticle 25, forthe words "Fifty rupees" , the words " Five hundred rupees " shall be substituted;

(8) for Article 27, the following Article shall be substituted, namely :-

"27. FURTHER CHARGE- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-

(a) when the original mortgage is one of the description referred to in clause (a) of Article 36 (that is, with possession) .

The same duty as is leviable ona conveyance under Arti cle 20 (a) for the amount o further charge secured by such instrument .

INDEX 15-7 PART V]

EX . , 10-6-1994

GUJARAT GOVERNMENT GAZETTE ,

(b) when such mortgage is one of the des- cription referred to in clause (b) of Article 36 (that is, without possession ) -

(i) if at the time of execution of the instrument of further charge poss- ession of the property is given under such instrument .

Eight rupees for every Rs . 100 or part thereof for the total amount of the charge (including the original mort gage and any further charge already made) less the duty. already paid on such original mortgageand further charges

(ii) if possession is not so given.

Three rupees for every Rs . 100 or part thereof for the amount of the further charge secured by such instrument ." ;

(9) in Article 31 , for the words "Five rupees" , the words " Two rupees" shall be substituted;

(10) in Article 32, for the words "Forty rupees", the words " Sixty rupees" shall be substituted;

(11) in Article 35 , in clause (a) , for the words " One hundred rupees" , the words "One thousand rupees" shall be substituted ;

(12) in Article 36,-

(1) in clause ( a) ,-

( i) the words " or is not " shall be deleted:

( ii) in column 2, after the words " conveyance under" , the words , brackets and letter "clause (a) of" shall be inserted ;

(2) the existing clause (6) shall be re-lettered as clause (c) of that Article and before clause ( c) as so re - lettered, the following clause shall be inserted, namely :-

Three rupees for every Rs . 100 or part thereof for the amount secured by such deed .

" (b) when possession of the property or any part of the property comprised in such deed is not given or not agreed to be given .

Explanation . A mortgager who gives to the mortgagee a power of attorney to collect rents or a lease of the property 'mortgaged or part thereof , shall be deemed to have given possession within the meaning of this Article. " ;

(13) in Article 45 ,---

(1) in clauses (a) , (b) and (c) , in column (2 ), for the words " Ten rupees " , the words " Twenty rupees" shall be substituted ;

(2) clause (g) shall be re - lettered as clause (h) of that Article and before clause (h) as so re -lettered, the following clause shall be inserted , namely:--

The same duty as is leviable on a conveyance under Article 20 for the amount of the considera- tion or, as the case may be , market value of the immovable property whichever is greater." "(g) When given for consideration with the right to sell an immovable pro- perty, or when given, with or with- out consideration, to a promoter or adeveloper by whatever name called, for construction or development of, or sale or transfer (in any manner whatsoever) , of, any immovable pro- perty, or when given, with or with- out consideration, irrevocable power of attorney transferring the possession of any immovable property ;

INDEX [PART V 15-8

GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

(3) in clause (h) as so re- lettered, for the words "Ten rupees ", the words "Twenty rupees" shall be substituted;

(4) for the existing N.B. and the explanation below the Article, the following shall be substituted, namely :-

"Explanation I. For the purposes of this Article , more persons than one when. belonging to the same firm shall be deemed to be one person.

XVI of 1908.

Explanation II. The term 'registration' includes every operation incidental "to registration under the Registration Act , 1908.

Explanation III. Where, under clause (g) , duty has been paid on the power of attorney, and a conveyance relating to that property is subsequently executed in pursuance of the power of attorney between the executant of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney." ;

(14) in Article 57,-

(1) incolumn'l, after the words " under lease", the words "or by way of decree or final order passed by any Civil Court or any Revenue Officer" shall be inserted;

(2) in column 2, for the words and figures "Article 20 for the amount of con- sideration for the transfer" , the words, figures, letter and brackets "Article 20 (a) for the amount of consideration for the transfer or, as the case may be, market value of the immovable property which ever is greater" shall be substituted.

Guj . Ord. & of1994.

12. (1) The Bombay Stamp (Gujarat Amendment) Ordinance, 1994 is hereby repealed.

Repeal and savings.

INDEX PART V] GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994 15-9

STATEMENT OF OBJECTS AND REASONS

With a viewto augmenting the finan al resources of the State, preventing evasion of tax by removing certain lacunae in the Bombay Stamp Act , 1958 and, thereby to bring more revenue to State Exchequer , it was expedient to amend the provisions of the said Act . It was also considered necessary to give certain reliefs in the payment of stamp duty .

As the Gujarat Legislative Assembly was not in session , the Bombay Stamp (Gujarat Amendment) Ordinance , 1994 was promulgated to achieve the aforesaid objects . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

The following notes on clauses explain in brief the important provisions of the Bill: -

Clause 2 .-( i ) Since it is proposed to levy stamp duty on list of transaction relating to contracts required to be submitted to the clearing house of an association , the term 'clearing house ' is defined by sub- clause (1) of this clause .

(ii) sub - clause ( 2 ) of this clause defines the term ' conveyance' so as to include a conveyance made in respect of amalgamation of companies by the order of the High Court under section 394 of the Companies Act , 1956 .

( iii ) sub - clause ( 3) of this clause defines the term 'immovable property' and sub-clause (6) defines the term movable property' .

Clause 3. When instrument is executed in urban area the additional duty is chargeable under section 3A . It is noticed that to evade the stamp duty, the instru- ment is being executed in the rural area though the property is situated in the urban To curb this evasion , it is proposed to amend section 3A suitably by this.clause . area .

Clause 4. The amendment in section 17 proposed by this clause gives facili- ty to the person to stamp the instrument on the next working day following the day of execution .

Clause 5. This clause proposes to insert new clause (g ) in section 30 so as to provide that the expenses of proper stamp shall be borne by the person executing the instrument in the cases other than those provided in clauses ( a) to (f) of that section .

Clause 6.This clause propose to amend section 31 to provide for enhancing the rate of fees not exceeding one hundred and not less than twenty- five rupees when the instrument. is presented to the Collector for adjudication .

Clause 7 .-( i ) Sub - section (1 ) of section 32A proposed to be substituted by clause (1) of this clause provides that every instrument presented for registration shall be accompanied by a true copy thereof . The registoring officer may refer the instrument to the Collector of the district where the property is situated , for deter- mining the true market value ofsuch property and for the proper duty payable on such instrument .

( ii) Sub -section (3 ) proposed to be amended by sub- clause (3 ) of this clause provides that where the deficient portion of duty is less than Rs . 250/-the penalty shall not be more than the amount of proper duty payable on instrument or of the deficient portion thereof .

V-Extra -15-3

INDEX [PART V 15-10

GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

(iii) Sub - section (4) proposed to be amended by sub -clause (4) of this clause empowers the Collector to call for , suo motu , examination of instrument to satisfy himself as to the Correctness of the consideration or of the market value of the pro- perty within a period of six years from the date of registration of instrument .

Clause 8. Section 46 proposed to be substituted by this clause provides for charging of interest at the rate of 24 per cent on the amount of duty, penalty and 'other sums notpaid within the prescribed time limit . The duty , penalty , interest and other sums payable under the Act is recoverable as arrears of land revenue .

Clause 10. This clause proposes to insert new section 53 A which empowers the Chief Controlling Revenue Authority to review, suo motu , the certificate granted by the Collector under sections 32 , 324 , 39 or 41 within a period of six years when , through mistake or otherwise , the instrument is charged with less duty than leviable thereon .

Clause 11. This clause amends Schedule I of the Act and revises the rates of duty payable on the instruments .

DALSUKHBHAI GODHANI .

MEMORANDUM REGARDING DELEGATED LEGISLATION.

This Bill involves delegation of legislative power in the following respects :-

Clause 5. The proviso to section 17 proposed to be inserted by this clause empowers the State Government to authorise by rules an officer to stamp the clearance list described in Articles 18A, 18 B , 18 C, 18D or 18E of Schedule I of the Act .

The delegation of the legislative power as aforesaid is necessary and is of a -normal character .

DALSUKHBHAI GODHANI.

Dated the 10th June , 1994 .

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 10th June, 1994 ,

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 16

REGISTERED NO . G/ GNR/ 2

सत्यमेव जयत

The Gujarat Government Gazette ]

EXTRAORDINARY

PUBLISHED BY AUTHORITY

силазия

Vol . XXXV ]

FRIDAY, JUNE 10 , 1994 /JYAISTHA 20 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bill introduced in the Gujarat Legislative Assembly.

( To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette , The date of publication to be reported ) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127-A. of the Gujarat Legislative Assembly Rulest-

THE BOMBAY MOTOR VEHICLES TAX ( GUJARAT AMENDMENT) BILL , 1994 .

: Gujarat Bill No. 16 of 1994.

A BILL

further to amend the Bombay Motor Vehicles Tах Act , 1958 .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows:-

1. (1) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Amendment ) Act , 1994 .

Short title and commen cement .

(2) It shall be deemed to have come into force on the 1st April, 1994 .

2. In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter referred to as "the principal Act ") , in section 3A, the following Explanation shall be added at the end, namely:-

Amendment of section 3A of Bom. LXV of1958.

Bom . LXV of 1958 .

"Explanation . For the purposes of this section, " Luxury designated omnibus " means any onmibus permitted to carry more than twenty passengers and having sea- ting layout of two and two or one and three or one and two or one and one on either side with a gangway of any width in between though any one row of seats in such omnibus may consist of more than four seats . " .

16-1

V-Extra - 16-1

INDEX 16-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

3. In the principal Act , in section 20 ,-

(1) in sub -section ( 1 ) , after the words "Kutch area of the State of Bombay" , the words, brackets , figures and letters " and subject to the provisions of sub - sections (1A ) , (1B), ( 10) , (1D), (IE) and (1F) " shall be inserted ;

Amend- ment of section 20 of Bom . LXV of 1958 .

(2) after sub - section ( 1 ) , the following sub - sections shall be inserted , namely: --

Bom. III of 1875.

"( 1A) Notwithstanding anything contained in sub -section (1) and the provi-- sions of the Tolls on Roads and Bridges Act , 1875, but subject to the provisions ofsub- sections ( 1B) , ( 10) , ( 1D) , ( 1E) and ( IF) , the State Government may levý toll on motor vehicles and trailers drawn by such vehicles passing over-

Guj . of 1994 ..

(a) any bridge including an approach road thereto or section of a new road or by-pass which is constructed , reconstructed , improved or , as the case may be, repaired by the State Government or by any person at his expense after the commencement of the Bombay Motor Vehicles Tax (Gujarat Amendment ) Act , 1994 and the total capital outlay of construction , reconstruction, improvements or , as the case may be, repairs , of which is not less than fifty lakhs of rupees ; or

(b) any bridge including an approach road thereto or section of a new road or by-pass; which, in the opinion of the State Government , is of a special service to thepublic .

Explanation .-- For the purposes of this section, --

1 (i) the expression " capital outlay" shall include the anticipated cost of certain essential ongoings or imminent works like improvements , strengthening, widening , structural repairs and maintenance ;

( ii) the expression " person" shall include any company or association or body ofindividuals, whetherwhether incorporated or not , or a firm;

(iii) for the removal of doubt , it is hereby clarified that the expression 'constructed' shall include a bridge including an approach road thereto or section of a new road or by- pass which is ready for use .

(1B) The toli leviable under sub-section (IA) shall be levied at such rate , for such period and on such bridges including an approach road thereto or section of a new road or by--pass, as the State Government may from time to time, by notification in the Official Gazette , declare:

Provided that not more than the capital outlay, interest thereon at such rate as the State Government may fix and the expenses of collection of toll shall be levied and collected under this section:

Provided further that when the bridge including an approach road thereto or see- tion of a new road or by -pass is constructed , reconstructed , improved or , as the case may be, repaired by a person other than the State Government, not more than the capital outlay, return on investment at such rate as the State Government may fix and the expenses of collection of toil shall be levied and collected under this section.

(1C) When the toll leviable under sub -section (1A ) on any bridge including au approach road thereto or section of a new road or by -pass which is constructed, reconstructed , improved or, as the case may be , repaired,-

(i) by the State Government , the State Government itself or through an agent authorised by it in this behalt;

(ii) by any person , such person or his servants ,

shall collect the toll on such terms and conditions and in such manner as may be prescribed.

(1D) Where any additional bridge, being the bridge on or below the same stream, river or creek or road or rail-track including any approach road thereto is constructed as

INDEX 16-3- GUJARAT GOVERNMENT GAZETTE , EX. , 10-6-1994

PART V]

augmentation of the facility of the use of the existing bridge including an approach road thereto then the network of such bridge including an approach road thereto shall be deemed to be one single entity for the purpose of levy of toll , so however that not more than the capital outlay of such additional bridge including an approach road thereto, and the expenses of collection of toll shall be recovered.

(IE) The motor vehicles and trailers drawn by such vehioles liable to pay the tollunder sub -section ( 1A ) shall not be allowed to pass over the bridge including an approach road thereto or section of a new road or by-pass unless the toll is paid and the State Government or the agent authorised by the State Government or as the case may be, by a person referred to in sub- section (10 ) shall have power to prevent such vehicles from passing over the bridge .

(1F) (a) All motor vchioles and trailers drawn by such vehicles used by or on behalf of the State Government or of the Central Government shall be exempted from the payment of toll .

(b) Subject to such condition as it may impose , the State Government may , if it considers necessary so to do in the public interest , by notification in the Official Gazette, exempt any specified class or classes of motor vehicles and trulers drawn by such vehicles from the payment of toll

(3), in sub -section ( 2) , for the words , brackets and figure " sub- section (1 ) " , the words . brackets , figures and letters " sub -sections (1 ) , ( 14) , ( 1B) , (10) , (ID) (1E) , ( 1F)" shall be substituted ;

(4) in the marginal note , after the words " motor vehicles " , the words " except in certain exigencies " shall be added .

4. In the principal Act , in section 23, in sub-section ( 2) , after clause (1) , the following clause shall be inserted, namely:----

"(m) to prescribe the terms and conditions and the manner of collection of toll ;".

Guj .

5. (1) The Bombay Motor Vehicles Tax ( Gujarat Amendment) Ordinance, 1994 is hereby repealed .

Amend- ment of section 23 of Bom . LXV of1958. Repeal and savings.

Ord . 2 of1994 .

(2) Notwithstanding such repeal, anyshing done or any action taken under the princi- pal Act as amended by the said Ordinance shall in so far as it is not inconsistent with the principal Act as amended by this Act be deemed to have been done or taken under the principal Actas amended by this Act .

INDEX [PART V 16-4

GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

STATEMENT OF OBJECTS AND REASONS

The existing section 3A of the Bombay Motor Vehicles Tax Act, 1958. provides for different rates of tax for ordinary designated omnibus and luxury or tourist designa- ted omnibus . The tax on the luxury or tourist designated omnibus is higher than orodinary omnibus . The expression "luxury omnibus" is not defined either in the Motor vehicles Act , 1988 or in the said Bombay Act . Therefore , omnibus which is generally known as luxury bus and which conforms to the specifications prescribed for tourist vehicles under the Central Act is taxed at the rates specified for luxury omnibus . It is noticed that the operators of the omnibus modify slightly the specifications prescribed for tourist vehicles in their vehicles and thereby evade the tax payable at the higher. rates applicable to the luxury omnibus . In order to leave no scope for evasion of tax levied on luxury omnibus , it was considered necessary to define the said expre- ssion by inserting Explanation in section 3A of the Act .

In view of the rapid development of industries in the State of Gujarat , it has become necessary to improve and upgrade the means of communication in the State . It is therefore, necessary to construct new bridges including approach roads , by- passes , sections of a new road and to improve the riding quality of the existing roads to meet with the requirements of the heavy industrial traffic and other increased voluminous traffic in the State . Keeping in view the limited financial resources of the State, it was considered necessary to levy toll on motor vehicles and trailers drawn by such vehicles passing over bridge including approach roads thereto, section of a new road or by- passes which are constructed , reconstructed, improved or repaired after the commence- ment of the Bombay Motor Vehicles Tax ( Gujarat Amendment) Act , 1994 and the total capital outlay of which construction , re - construction , improvements, or repaires is more than fifty lakhs rupees or which are considered to be of a special service to the public. It was , therefore , considered expedient to amend section 20 of the Bombay Motor Vehicles Tax Act , 1958 to levy toll to the extent of the recovery of the capital outlay and interest thereon. When the bridge is constructed by a person other than the State Government , a provision is also made to empower to collect toll by such person not only to the extent of recovery of capital outlay but also of the return on investment made by such person . A provision is made to exempt all motor vehicles and trailers drawn by such vehicles used by or on behalf of State Government or of the Central Government or such other vehicles as may be notified by the State Government . In this regard , a Bill called the Bombay Motor Vehicles Tax (Gujarat Amendment) Bill , 1994 was introduced in the Gujarat Legislative Assembly on 15th February, 1994 but could not be taken up for consideration by the House for want of time.

As the Gujarat Legislative Assembly was not in session , the Bombay Motor, Vehicles Tax (Gujarat Amendment ) Ordinance, 1994 to amend the said Act was pro- mulgated to achieve the aforesaid objecte . This Bill seeks to replace the said Ordi- nance by an Act of the State Legislature .

RAMSINH PARMAR .

INDEX 16-5 GUJARAT GOVERNMENT GAZETTE , EX . , 10-6-1994

PART V]

FINANCIAL MEMORANDUM

The explanation proposed to be inserted by clause 2 of the Bill excludes the omni bus permitted to carry passenges up to twenty. The tax at higher rate prescribed for Luxury omnibus paid by operators of such omnibuses as per the provisions of the Ordinance will require to be refunded. The estimated amount of refund to be paid to the operators of such omnibuses would involve non-recurring expenditure of about twenty-one lakhs rupees from the Consolidated Fund of the State.

New sub - section ( IA) proposed to be inserted in section 20 by clause 3 of the Bill empowers the State Government to collect, the toll on motor vehicles and trailers drawn by such vehicles passing over the bridges . For that purpose , it is necessary to establish the toll plaza at such bridges for collection of the tolls . This provision, if enacted and brought into operation would involve non-recurring expenditure of about one lakh fifty thousand rupees from the Consolidated Fund of the State for establishment of toll plaza . The existing staff of the Roads and Buildings Department would collect the toll and therefore, no additional expenditure on this account would involve from the Consolidated Fund of the State .

RAMSINH PARMAR

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves for delegation oflegislative powers inthe following respects :--

Clause 3.-( i ) Sub -section ( 1B) of section 20 proposed to be inserted by this clause empowers the State Government to declare by notification, in the Official Gazette , the rates at which , the period for which and the bridge in respect of which toll shall be levied .

The first proviso of sub - section ( 1B) empowers the State Government to fix the rate of interest on capital outlay and the second proviso empowers the State Government to fix the rate of return on investment made by a person other than the State Government .

(ii) Sub -section ( 1C) proposed to be inserted by this clause empowers the State Government to authorise an agent to collect the toll and to prescribe the terms and condition and the manner in which the toll shall be collected.

(iii ) Clause (b ) of sub - section ( 1F ) proposed to be inserted by this clause empowers the State Government to exempt by , notification in the Official Gazette , any specified class or classes of motor vehicles and trailers drawn by such vehicles from the pay- ment of toll .

Clause 4.-Clause (m) of sub -section (2) of section 23 proposed to be inserted by this clause empowers the State Governmentto prescribe by rules the terms and con- ditions and the manner of collection of toll .

The delegation of legislative powers as aforesaid is necessary and is of a normal character.

Dated the 10th June , 1994 .

RAMSINH PARMAR .

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI , Gandhinagar, Dated the 10th June, 1994 .

Secretary to the Government of Gujarat ,

Legislative and Parliamentary Affairs Department

V- Extra- 16-2

INDEX REGISTERED NO . G/GNR/2 .

Extra No. 17

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, JUNE 13 , 1994/ JYAISTHA 23 , 1916

Vol . XXXV]

Separate paging is given to this Part in order that it may be filed as a Separate Compilation.

PART V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules.-

THE GUJARAT SALES TAX ( AMENDMENT) BILL , 1994.

GUJARAT BILL NO . 17 OF 1994.

A BILL

further to amend the Gujarat Sales Tax Act , 1969 .

It is hereby enacted in the Forty -fifth Year of the Republic of India as follows :-

1. ( 1) This Act may be called the Gujarat Sales Tax (Amendment ) Act, 1994 . Short title and commen- cement .

(2) This section and section 9 shall be deemed to have come into force on the 31st March, 1994 and the remaining sections of this Act shall be deemed to have come into force on the 1st April , 1994.

Guj . 1 of 1970.

2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as "the principal Act " ) , in section 3A, in sub-section (5) , for the words "five paise " , the words " ten paise" shall be substituted.

Amend- of ment section. 3A. of Guj . 1 of 1970.

3. In the principal Act, in section 7, the words, brackets and figure "of sub -section (1) " occurring at two places shall be deleted .

Amend- of ment section7 of Guj . 1 o 1970.

17-1

V-Ex. - 17-1

INDEX 17-2

GUJARAT GOVERNMENT GAZETTE EX . , 13-6-1994 [PART V

4. In the principal Act , in section 10A,-

(1) in sub -section ( 1) ,

Amend- ment of section 10A ofGuj . 1 of 1970.

(a) the words, brackets , letter and figures " except the dealer referred to in sub -clause (f) of clause (10) of section 2 " shall be deleted;

or (b) the words, brackets and figures "and also goods wholly exempt from payment of tax under sub-section (2 ) of section 49" shall be deletedi partially

(2) after sub- section (1) but before the table , the following new sub - section shall be inserted, namely :-

Guj . of 1994.

"(1A) Where the turnover of all specified sales by any dealer liable to pay tax under section 3A has first exceeded rupees fifty lakhs or the aggregate of the turnover of all specified sales and the turnover of all sales by any dealer liable to pay tax under both the sections 3 and 3A has first exceeded rupees fifty lakhs , in any year in which the Gujarat Sales Tax (Amendment ) Act , 1994 comes into force, and every year thereafter, there shall be levied a turnover tax on taxable turnover of specified sales or the aggregate of taxable turnover of all specified sales and the taxable turnover of all sales effected by him of all taxable goods at the rates specified in the table below." ;

(3) in sub-section ( 4) , for the words " the turnover of all sales " , the words "the turnover of all sales, the turnover of all specified sales or, as the case may be , the aggregate of turnover of all specified sales and the turnover of all sales" shall be substituted :

(4) the following explanation shall be added at the end , namely:--

"Explanation . For the purposes of this section,-

(1) the expression " taxable turnover" means turnover of all taxable goods as derived after deductions made under sub-section (2) ; and

(2) the expression " taxable goods " means the goods which are taxable . or which would have been taxable under this Act but for exemption granted under sub - section ( 2) of section 49. " .

5. In the principal Act, in section 12,-

(1) in clause ( 1) ,-

Amend- ment of section 12 of Guj . 1 of1970.

(a) in sub -clause (b) , the word " or" shall be added at the end;

(b) after sub -clause (b) , the following sub-clause shall be inserted, namely :-

"(aa) that the goods are purchased by him for resale in the course of inter- State trade or commerce and that such goods will be resold within six months from the date of such purchase by himself ." ;

(2) in clause (2 ) ,—

(a) in sub -clause (c) , the word " or" shall be added at the end;

(b ) after sub- clause (c) , the following sub -olause shall be inserted, namely: -

"(aa) that the goods are purchased on behalf of his principal who is a licensed dealer for resale in the course of inter- State trade or commerce and that such goods will be resold by the principal himself in the course of inter-

INDEX PART V]

17-3 GUJARAT GOVERNMENT GAZETTE , EX. , 13-6-1994

State trade or commerce within six months from the date of such purchase by the commission agent ." .

6. In the principal Act , for section 13, the following section shall be substituted, namely:

Substitu- tion of section 13 of Guj . 1 of1970 .

"13. There shall not be deducted from the turnover of sales sales of goodsto a licensed dealer , recognised dealer or to a commission agent holding a permit purcha- sing on behalf of his principal , as provided in section 7 or 8 unless-

(A) the licensed dealer,-

No dedu- ction from turnover except on a certifi- cate.

(i) certifies in the prescribed form that the goods are purchased for resale in the course of export out of the territory of India within six months from the date of such purchase by himself ; or

( ii) certifies in the prescribed form that the goods specified in, Schedule II- Part B are intended,

(a) for resale by him within the State of Gujarat otherwise than in the course of inter-State trade or commerce or export out of the territory of India within six months from the date of such purchase; or

(b ) for resale by him in the course of export out of the territory of India . within six months from the date of such purchase ; or

(B) the recognised dealer certifies in the prescribed form that the goods other than prohibited goods sold to him are goods purchased by him for use by him as raw or processing materials or as consumable stores in the manufacture of taxable goods for sale by him ; or

(i) is a licensed dealer-

(a) and the goods will be resold by the principal himself in the course of ex port out of the territory of India within six months from the date of such pur chase by the commission agent ; or

(b) who will resell the goods specified in Schedule II -Part B,-

(i) within the State of Gujarat otherwise than in the course of inter -State trade or commerce or export out of the territory of India within six months from the date of such purchase; or

(ii) in the course of export out of the territory of India within six months from the date of such purchase;

(in) is a recognised dealer , and the goods purchased being goods other than prohibited goods will be used by the principal as raw or processing materials or as consumable stores in the manufacture of taxable goods for sale , and that the commi- ssion agent will despatch th goods to his principal or to the principal's order within three months from te date of such purchase by the commission Hagent ." .

Amend- 7. In the principal Act , in section 19A,-

(1) sub -section (2) shall be deleted ;

ment of section 19A of Guj , 1of1970

INDEX [PART V 17-4 GUJARAT GOVERNMENT GAZETTE , EX. , 13-6-1994

(2) the following explanation shall be added at the end, namely:-

"Explanation . For the purposes of this section, the expression "oil cakes" shall mean oil cakes other than cotton seed oil cakes .".

8. In the principal Act , after section 30A, the following new section shall be in serted, namely:-

Insertion of new section 30AA in Guj . 1 of 1970.

"30AA. (1). Where a registered dealer without entering into a transaction of sale issues to another registered dealer a bill or cash memorandum with the in- tention to defraud the Government revenue or with the intention that the Government may be defrauded of its revenue the Commissioner may, after making such inquiry as he thinks fit and giving a reasonable opportunity of being heard, cancel the certificate of registration of the registered dealer issuing or accepting such bill or cash memorandum either prospectively or retrospectively from such date as the Commissioner may, having regardto the circumstances of the case , fix :

Cancella- tion of certificate of registra- tion in certain ciroum- stances.

Provided that notwithstanding the cancellation of a certificate of registration under this section,-

(a) the liability of the dealer shall continue in respect of any tax, penalty or interest for any period prior to the date of the order of the Commissioner cancelling the certificate of registration;

(b) where a dealer, who has purchased goods from the dealer whose certifi- cate of registration is cancelled under this section at any time during the period commencing on the date of cancellation and ending on the date of the order of Commissioner cancelling the certificate of registration, proves to the satisfication of the Commissioner that the tax due in respect of goods sold to him has been paid, such purchase of goods shall be deemed to have been made from a regis- tered dealer." .

9. In the principal Act , for section 42, the following section shall be substituted , namely:-

Substituti- on of sect- ion 42 of Guj . 1 of 1970 .

"42. Where a fresh assessment is required to be made in pursuance of any order un- der section 65,67 or 69 or in pursuance of an order of any court or authority, such fresh assessment shall be made at any time within three years from the date of such order :

Time limit for assess- ment in certain cases.

Provided that in computing the period of limitation, any period during which assess- ment,proceedings are stayed by an order or injunction of any court or authority shall be excluded ." .

INDEX 17-5 GUJARAT GOVERNMENT GAZETTE, EX. , 13-6-1994

PART VJ

10. In the principal Act , in section 44 , for the third proviso , the following shall be substituted, namely :-

Amend- ment of section 44 of Guj . 1 of 1970 .

shall mutatis mutandis "Provided that the provisions of the proviso to section 42 apply to computation of period of limitation specified in this section." .

11. In the principal Act , in section 47,-

(1) in sub -section (4A) , in the proviso , clause ( ii) shall be deleted;

Amend- ment of section 47 of Guj . 1 of 1970 .

(2) after sub - section (4A) , the following new sub- section shall be inserted, namely :-

and the amount shall be "(4B) Where a dealer is liable to pay interest under sub -section (4A) and he makes payment of an amount which is less than the aggregate of the amount of tax, first interest, penalty paidSO applied towards the amount of interest, thereafter the balance, if any, towards the amount of penalty and thereafter the balance , if any, towards the amount of tax. " .

12. In the principal Act , in section 50, for the proviso , the following shall be subs- tituted, namely: ---

Amend- ment of section 50 of Guj . 1 of1970.

"Provided that the provisions of the proviso to section 42 shall mutatis mutandis apply to computation of period of limitation specified in this section. " .

13. In the principal Act, in section 54, in sub-section (1 ) , in clause (aa),-

Amend- ment of section 54 of Guj . 1 of 1970 .

(1) after the words and figures "assessment under section 41 ", the words " for the specified year" shall be and shall be deemed alwaysto have been inserted with effect from 1st April , 1993 ;

(2) the following explanation shall be and shall be deemed always to have been added at the end with effect from the 1st April, 1993 , namely:-

"Explanation . For the purposes of this clause , the expression " specified year " means--

(i ) the financial year commencing from the 1st April 1993 ;

(ii ) the calender year commencing from the 1st January 1993 ;

(iii) Samvat year 2049 commencing from the kartak sud akam ;

(iv) co - operative year commencing from 1st October , 1993 ; or

(v) any such year thereafter. " .

14. In the principal Act , in section 66 , clause (4 ) shall be deleted.

Amend- ment of section 66 of Guj . 1 of 1970 .

15. In the principal Act , in section 75, in sub -section ( 1) , for the words " two thousand rupees" , the words " twenty thousand rupees " shall be substituted .

Amend- ment of section 75 of Guj . 1 of 1970 .

V-Ex.-17-2

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX . , 13-6-1994

17-6

16. In the principal Act , in Schedule I,-

(i) for the entry at serial No. 14 , the following entry shall be substituted, namely:-

Amend- ment of Schedule I of Guj . 1 of 1970 .

ود "14. Cattle- feed including fodder, concentrates and cotton seed oil cakes ( but excluding cotton seeds ) , other oil cakes and de-oiled cakes .

(ii) in the entry at serial No. 15A, in column 2 , after the words "doors and win- dows", the words " handmade papda and pidhia" shall be added .

17. In the principal Act , in Schedule II , in Part A. ,--

(i) after the entry at serial No. 16, the following new entry shall be added, namely:-

Amend- ment of Schedule II, Part A to Guj . I of 1970 .

"16A . Cast iron castings

four paise in the rupee.

four paise in the rupee

( ii ) for the entry at serial No. 33, the followingentry shall be substituted, namely:-

eight paise in the rupee .

eight paise in the rupee

"33. Kerosene excluding kerosene for domestic use sold for public distribution system

(iii) in the entry at serial No. 35, in columns 3 and 4, for the words " twenty one paise", the words " twenty- five paise" shall be substituted;

(iv) in the entry at serial No. 74, in columns 3 and 4, for the words " seven paise " , the words " four paise " shall be substituted.

INDEX 17-7 GUJARAT GOVERNMENT GAZETTE , EX. , 13-6-1994

              PART V]
Gaj .          18. ( 1) The Gujarat Sales Tax (Amendment ) Ordinance , 1994 is hereby repealed .  Repeal and
Ord. 3                                                                                            savings .
of1994 .       (2) Notwithstanding such repeal, anything done or any action taken under the prin-
              cipalAct as amended by the said Ordinance shall be deemed to have been done or taken
             under the principal Act as amended by this Act.

STATEMENT OF OBJECTS AND REASONS

With a view to augmenting the financial resources of the State , preventing evasion of tax by removing certain lacunae in the Gujarat Sales Tax Act , 1969 , and thereby bringing more revenue to the State Exchequer and giving certain reliefs in the rate of tax, it was expedient to amend the provisions of the said Act .

As the Gujarat Legislative Assembly was not in session , the Gujarat Sales Tax (Amendment) Ordinance , 1994 was promulgated to achieve the aforesaid objects . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

The following notes on clauses explain in brief the important provisions of the Bill:-

Clause 2.This clause seeks to amend sub -section ( 5) of section 3A of the Act for increasing maximum limit of rate of sales tax on the turnover of specified sales of goods from five paise to ten paise. in a rupee.

Clause 4. This section seeks to amend section 10A . Under existing section 10A a dealer who transfers property in goods involved in the execution of a work contract was excluded for the purpose of the said section . Such exclusion is done away with. Moreover, turnover of specified sales of taxable goods is not liable to turnover tax under the said section . By this clause , it is proposed to make turnover of specified sales of such goods liable to turnover tax.

Clauses 5 and 6. By these clauses , it is proposed to amend sections 12 and 13 of the Act . Under the existing section 13, a dealer can purchase goods free of tax for the purposes of sale in the course of intere -State trade or commerce . It is noticed that the State does not get the revenue when this facility is mis -used . With a view to curbing tax evasion, it is proposed to levy tax on such sales of goods to a licensed dealer or commission agent at the rate of four paise in a rupee and in cases where lesser rate is specified for such goods at that lesser rate .

Clause 7. This clause seeks to delete sub - section ( 2 ) of section 19A .

Clause 8. With a view to preventing evasion of the tax , it is proposed to in- re- sert a new section 30AA empowering the Commissioner to cancel the certificate of gistration, either prospectively or retrospectively , of the registered dealer issuing or accepting Bill or Cash Memorandum without entering into a transaction of sale and with the intention to defraud the Government revenue or with the intention that the Government may be defrauded of its revenue .

Clause 9. This clause seeks to substitute section 42 of the Act by a new section so as to remove the time limit for completion of assessment in certain cases .

INDEX [PART V 17-8 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 13-6-1994

Clause 11. With a view to making the tax recovery more effective, it is pro- pos posed to insert new sub -section (4B) in section 47 of the Act to provide for the manner in which the payment of amount is to be applied in cases where the dealer is liable to pay interest , penalty and tax.

Clause 13 .--Section 54 of the Act as amended by Guj . Act No. 11 of 1993 came into force on 1st April , 1993 and it provides for payment of interest at the rate of fourteen per cent per annum on the amount of refund in respect of the period be- ginning from the date immediately following the date of closure of the accounting year to which the said amount relates to the date of the order of assessment . A ques- tion has arisen as to for which accounting year the amended section was applicable, this clause seeks to clarify the same by amending section 54 suitably and defining the expression ' specified year' .

Clause 15.- This clause seeks to amend section 75 so as to raise the maximum amount offine from rupees two thousand to twenty thousand.

Clauses 16 and 17. These clauses seek to amend certain entries in Schedules I and II .

MANOHARSINHJI JADEJA .

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative power in the following respect :--

Clause 13. Clause (4) , Clause ( B) and Clause ( C) of section 13 of the Act proposed to be substituted by this clause empowers the State Government to prescribe the form in which the licensed dealer, recognised dealer, or, as the case may be , the commission agent has to certify the matters referred to therein .

The delegation of legislative power as aforesaid is necessary and is of a normal. character .

MANOHARSINHJI JADEJA .

Dated the 13th June , 1994 .

By order and in the name of the Governor of Gujarat,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 13th June , 1994 .

GOVERNMENT CENTRAI PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 18

पैव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, JUNE 23, 1994/ASADHA 2, 1916

Vol . XXXV ]

Separate paging is given to this Part in order that It may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 23rd June, 1994 by Shri Madanlal Kapadia is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information : -

" GUJARAT BILL NO . 18 OF 1994 .

THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ( GUJARAT AMENDMENT)

BILL, 1994 .

A BILL

further to amend the Bombay Provincial Municipal Corporations Act , 1949 .

It is hereby enacted in the Forty- fifth year of the Republic of India as follows :-

1. (1) This Act may be called the Bombay Provincial Municipal Corporation: (Gujarat Amendment ) Act, 1994.

Short title and Commen- sement .

(2) It shall come into force at once .

2. In the Bombay Provincial Municipal Corporations Act , 1949 after section 397 the following new section shall be inserted namely:

Bombay LIX of 1949 .

Insertion of new section 397A in Bom. LIX of 1949 .

Power to arrest.

"397A ( 1) If an officer of the Corporation empowered in this behalf by general or special order of Commissioner has reason to believe that any person in city limits has committed an act or acts of evasion of octroi or toll he may arrest such per- son and shall as soon as may be inform him of the grounds for such arrest.

18-1

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[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 23-6-1994

(2) Every person arrested under sub -section ( 1) shall , without unnecessary delay, be taken to Magistrate.

II of 1974 .

(3) Where an officer of Corporation has arrested any person under sub - section (1) , he shall , for the purpose of releasing such person on bail of otherwise , have the same powers as the officer - incharge of a police station has and is subjected to the same provisions under the Code of Criminal procedure Act , 1973 .

II of 1974.

(4) Notwithstanding anything contained in the Code of Criminal Procedure Act , 1973 an act of an evasion of octroi or toll shall be a cognisable offence . "

STATEMENT OF OBJECTS AND REASONS

Octroi is the main source of income of a Municipal Corporation. Now- a - days incidents of evasion of Octroi occur in large number . The only provision made in the Bombay Provincial Municipal Corporations Act , 1949 for evading octroi is to recover penalty from the octroi evaders . This provision seems to be inadequate in the present circums- tances . Therefore , the Corporation should be equipped with more powers to deal high -handedly with octroi evaders . This will increase the income of the Municipal Corporation by crores of rupees and more works of public interest would be taken up. On receiving the powers to arrest such offenders , the hands of the Corporation will be strengthened . With the intention of inserting such a provision in the aforesaid Act this bill has been brought .

Gandhinagar ,

MADANLAL KAPADIA , M. L. A. "

Dated the 16th February , 1994 .

Gandhinagar,

Ν . Κ . ΚΑΤHIRIA , Dated the 23rd June , 1994 .

Secretary, Gujarat Legislative Assembly .

Government Central Press , Gandhinagar ,

INDEX REGISTERED NO . G/GNR/2 .

Extra No. 19

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

THURSDAY , JUNE 23 , 1994/ ASADHA 2 , 1916

Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART V

Bills introduced in the Gujarat Legislative Assembly .

The following Bill which was introduced on 23rd June 1994 by Shri Parsottambhai Rupala is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information :-

" GUJARAT BILL NO . 19 OF 1994 .

THE GUJARAT CIVIL SERVICES ( SUPERANNUATION ) BILL , 1994.

A BILL

to provide for retirement on attaining the age of 58 years and for prohibition of extension of service after retirement of employees under the State civil services or under the services of a Board , Corporation , local authority or any other organization which is controlled or financed by the Government of the State of Gujarat .

It is hereby enacted in the Forty-fifth year of the Republic of India as follows :-

1. (1) This Act may be called the Gujarat Civil Services (Superannuation) Act , 1994 .

(2) It extends to the whole of the State of Gujarat .

Short title extent and commen- cement.

(3) It shall come into force on such date as the State Government may, by notifi- cation in the Official Gazette , specify .

2. In this Act , unless the context otherwise requires--

Definitions.

(a) "Board , Corporation or local authority" means any Board , Corporation or Local authority constituted by the State Government under any law existing in the State .

19-1

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INDEX [PART--V 19-2

GUJARAT GOVERNMENT GAZETTE , EX . , 23-6-1994

(b) " employee " means a person appointed on the Civil Services of the State Government or any board, corporation, local authority or any institution controlled or financed by the State Government .

(c) " Civil Services" means services under the State Government or any board , corporation, local authority or any institution controlled or financed by the State Government .

(d) "State Government " means the Government of the State of Gujarat .

Retirement 3. Any Officer or employee belonging to any class, cadre or grade in the Civil Services of the State Government or in the services of any Board, Corporation or local authority constituted under any existing law or controlled or financed by the State Government shall retire from such service on superannuation after attaining the age of58 years .

Prohibi- 4. No Officer or employee in the Civil Services of the State Government or in the services of any Board, Corporation or Body constituted under any existing law or controlled or financed by the State Government shall in any case be re- employed or shall be given extension in service after retirement on attaining the age of 58 years .

tion of extension in service after retire ment .

STATEMENT OF OBJECTS AND REASONS

On the one hand there is a large scale of unemployment prevailing in the State and the problem of unemployment is becoming grave dayby day. On the other hand, it has become the regular tendency of the Government and other Boards, Corporations and Bodies controlled or financed by the State Government to give extension of ser- vice to many Officers and employees after their retirement on attaining the age of 58 years. This trend adds to the problem of unemployment and to the deterioration of the functioning of the administration. To overcome this problem to a substantial extent, this legislation is essentially required .

Herce this Bill .

PARSOTTAMBHAI RUPALA, M.L.A.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (3) of clause 1 of the Bill empowers the State Government to specify in the Official Gazette , the date on which the Act shall come into force .

The delegation of legislative powers as aforesaid is necessary and of normal chara- cter .

PARSOTTAMBHAI RUPALA , M. L. A.

Gandhinagar, Dated the 23rd June , 1994 .

Ν. Κ. ΚΑΤHIRIA , Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 20

REGISTERED NO . G/GNR/ 2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] THURSDAY, JUNE 30 , 1994 /ASADHA 9 , 1916 .

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-

THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ( GUJARAT AMENDMENT ) BILL , 1994 .

GUJARAT BILL NO.20 OF 1994 .

A BILL

further to amend the Bombay Provincial Municipal Corporations Act , 1949 .

It is hereby enacted in the Forty - fifth Year of the Republic of India as follows : -

Short title

1. This Act may be called the Bombay Provincial Municipal Corporations ( Gujarat Amendment ) Act , 1994 .

Bom. LIX of 1949 2 .. In the Bombay Provincial Municipal Corporations Act , 1949 ( hereinafter referred to as " the principal Act " ) , for section 8 , the following shall be substituted , namely: -

Substi- tution of section 8 of Bom . LIX of 1949 .

20-1

V- Extra 20-1

INDEX 20-2

[PART V GUJ . GOVT . GAZ . , EX. , 30-6-94

" 8. ( 1 ) For every ward , there shall be a list of voters .

Qualifica- tion of voters

43 of 1950.

( 2 ) . The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Representation of the People . Act , 1950 for the time being in force and as revised , modified , up- dated and published in accordance with the provisions of sub - section ( 3 ) .

( 3 ) Subject to the superintendence , direction and control of the State Election Commission , the list of voters shall be revised , modified , up- dated and published by such officers as may be designated by the State Election Commission in this behalf in the prescribed manner .

(4 ) No person shall be entitled to have his name included in the list of voters for more than one ward and for any ward more than once .

( 5 ) The list of voters for any ward published under sub - section ( 2 ) shall remain in operation until a revised list of voters in respect of a municipal Corporation is so published.. ",

3. In the principal Act , in section 10 , in sub- section ( 1 ) , for figures and word " 13 , 17 and 404 " , the figures and word " 13 and 404 " shall be substi- tuted .

Amend-- nent of section LO' of Bom.LIX of 1949 .

4. In the principal Act , section 17 shall be deleted .

Deletion of section 7 of Bom . IX of 1949 .

INDEX 20-3

GUJ . GOVT. GAZ. , EX . , 30-6-94

PART V ]

STATEMENT OF OBJECTS AND REASONS

The existing section 8 provides for qualifications of voters . One of the qualifications is requisite business premises or taxation qualification for being entitled to be enrolled in municipal election roll as a voter . in order to have uniformity of laws relating to local authorities for being a voter , it is necessary to do away with such qualification .

(

The voting right for the election to the House of the People and to the Legislative Assembly of every State was available to the voters who were not less that twenty - one years of age . By the Constitution ( Sixty - first Amendment ) Act , 1988 , the Constitution of India has been amended with the result that voters who are not less than eighteen years of age have become entitled to vote at such election . It is , therefore , not necessary now to prepare and maintain two separate rolls for the purpose of elections of Municipal Corporations and to the Legislative Assembly of the State . The electoral roll of a constituency prepared for election to the Legislative Assembly of the State is proposed to be adopted for elections to the Municipal Corporations also . For this purpose , it is considered necessary to substitute section 8 by a new section and to make- consequential amendments in sections 10 and 17 of the Act . Bill seeks to amend the said Act to achieve the aforesaid objects . This

NARHARI AMIN

MEMORANDUM REGARDING DELEGATED LEGISLATION .

The Bill involves delegation of legislative power in the following respect : -

Clause 2- Sub - section ( 3 ) of new section 8. proposed to be substituted by this clause empowers the State Election Commission to designate the officer to revise , modify , update and publish the list of voters and empowers the State Government to prescribe: the manner in this behalf .

The delegation of legislative power as aforesaid is necessary and is of normal character .

NARHARI AMIN Dated the 30th June , 1994 .

By order and in the name of the Governor of Gujarat,

KUM. H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 30th June, 1994.

Government Central Press , Gandhinagar

INDEX Extra No. 21

REGISTERED NO . G/GNR/ 2

Boo મેલ ડાયરી

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ] THURSDAY , JUNE 30 , 1994/ASADHA 9 , 1916 .

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules ,-

THE GUJARAT LOCAL AUTHORITIES ( TEMPORARY POSTPONEMENT OF ELECTIONS) BILL , 1994 .

GUJARAT BILL NO . 21 OF 1994 .

A BILL

to provide for temporary postponement ; of election of local authorities .

WHEREAS in the wake of widespread rain in the State of Gujarat , it is difficult to hold election of local authorities during the monsoon season ;

AND WHEREAS the Election Commission of India has decided and directed to revise the electoral rolls intensively of all the constituencies of the State of Gujarat with reference to 1st January , 1995 as the qualifying date and also fixed the 4th January , 1995 as the date for final publication of electoral rolls;

V-Extra 21-1

21-1

INDEX 21-2

GUJ . GOVT . GAZ . , EX . , 30-6-94

[PART-V

AND WHEREAS electoral rolls for Assembly constituencies would be the list of voters for the purpose of election of local authorities;

AND WHEREAS it is likely that large sections of the public would be covered by intensive revision of electoral rolls; and they may notbe deprived of their right of franchise in the ensuing elections of local authorities ;

AND WHEREAS for the reasons stated above , it is considered necessary to provide for temporary postponement of the elections of local authorities and to provide for other connected matters .

It is hereby enacted in the Forty - fifth Year of the Republic of India as follows :-

Short title .

'1. This Act may be called the Gujarat Local Authorities (Temporary Postponement of Elections ) Act , 1994 .

2 . In this Act , unless the context otherwise requires Definitions .

( a ) ' election ' means and includes entire election process commencing from the preparation of list of voters and all stages culminating into election of a Councillor or , as the case maybe , a member of the local authority and it is always deemed to have meant and included entire election process ;

(b ) ' local authority ' means a panchayat , a municipality and a Municipal Corporation constituted under the relevant Act ;

( c ) ' relevant Act'in relation to

Guj.18 of1993 .

(i) a panchayat , means the Gujarat Panchayats Act , 1993 ,

( ii)

Guj.34 of 1964 .

a municipality , means the Gujarat Municipalities Act , 1963,

( iii )

Bom . LIX of 1949 .

a Corporation , means the the Bombay Provincial Municipal Corporations Act , 1949 .

Postponement ofelection of local . authorities .

3. Notwithstanding anything contained in the relevant Act or the rules or bye -laws or order made thereunder or in any judgement , decree or order of any court or authority , during the period from the date of the commencement of this Act and upto and inclusive of 4th January , 1995 , no general election of the councillors of any Corporation or of any municipality or of members of any panchayat and no election to fill up any casual , vacancy of any such Councillor or member shall be held; and the election shall be started thereafter of such local authority of which duration has already expired before the commencement of this Act or is due to expire before 1st June , 1995 or formed for such area which are declared as transitionalor smaller

INDEX PART - V]

GUJ . GOVT . GAZ . , EX. , 30-6-94

21-3

urban area and shall be completed before the 1st June , 1995 in accordance with the provisions of the relevant Act and the rules made thereunder .

Application of relevant Act .

4. Except as otherwise provided by or under this Act , the provisions of the relevant Act shall in all other respects apply in case of a Corporation , municipality or panchayat .

Removal of difficulties .

5. If any difficulty arises in giving effect to the provisions of this Act , or by reasons of anything contained therein , or in giving effect to the relevant Act in respect of any matter contained in this Act , the State Government may , as occasion arises , by order , do anything which appears to it to be necessary for the purpose of removing the difficulty .

INDEX [PART -V GUJ . GOVT . GAZ . , EX . , 30-6-94

21-4

STATEMENT OF OBJECTS AND REASONS

The monsoon has set in and has become active through out the State of Gujarat and in its opening phase has wrought It has therefore , become damage to life and property . difficult to hold the election of the local authorities during this monsoon . Again , the electoral roll of the Assembly constituencies of the State would be adopted as a list of voters for the purposes of election of local authorities . The directions of the Election Commission of India contained in its letter No. 23 / 94-P.S.II / 275 dated 27th May , 1994 provide for revision of electoral rolls intensively of all the constituencies of the State with reference to 1st January , 1995 as the qualifying date and fixed 4th January , 1995 as the date for final publication of electoral rolls for the Assembly In view of such intensive revision of constituencies . electoral roll , a large number of people would be covered . In order to enable such persons to exercise their right of franchise in the ensuing election to the local authorities , it is considered necessary to postpone the election of local authorities for a period upto 4th January , 1995 and thereafter to hold and complete the election before the 1st June , 1995 in accordance with the provisions of the relevant Act .

This Bill is brought as a temporary measure to achieve the aforesaid object .

CHHABILDAS MEHTA

Dated the 30th June , 1994 .

Ry order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department.

Gandhinagar, dated the 30th June, 1994.

Government Central Press , Gandhinagar

INDEX Extra No. 22

REGISTERED NO . G/GNR/2 .

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV ]

WEDNESDAY , JULY 13 , 1994/ ASADHA 22 , 1916

Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 13th July , 1994 by Shri Dalsukhbhai Godhani , Minister for Revenue , is published under rule 127 - A of the Gujarat Legislative Assembly Rules for general information :---

" THE BOMBAY INAMS (KUTCH AREA ) ABOLITION ( GUJARAT AMENDMENT )

BILL, 1994.

GUJARAT BILL NO . 22 OF 1994 .

A BILL

further to amend the Bombay Inams ( Kutch Area ) Abolition Act , 1958 for certain purposes.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows: -

1. This Act may be called the Bombay Inams (Kutch Area ) Abolition (Gujarat Amendment ) Act , 1994 .

Short title

Bom . XCVIII of1958 .

2. In the Bombay Inams ( Kutch Area) Abolition Act , 1958 (hereinafter referred to as "the principal Act " ) , in section 14 , after sub- section (4) , the following sub - section shall be inserted, namely:---

" (5) Notwithstanding the expiry of the period specified in sub - section (4 ) , the claim may be notified by a creditcreditor under sub - section (2) before the end of Decem- ber, 1994." .

Amend- ment of Section 14 of Bom. XCVIII of 1958 .

22-1

V -Extra 22-1

INDEX [PART V

ΕΧ . , 13-7-1994

GUJARAT GOVERNMENT GAZETTE

3. In the principal Act , after section 16C, the following new section shall be inser- ted, namely :

Insertion of new section

16Din Bom . Further

extension

XCVIII of 1958 , of time

for

"16D . ( 1) Notwithstanding the expiry of the period specified in section 16C for making an application for compensation under section 15 or 16 , any person claiming compensation under section 12, 13 or 16 may make an application therefor to the Collector before the end of December, 1994 .

Guj . of 1994 .

making applica- tion for compen- sation .

(2) Where an application for compensation made by any person before the commencement of the Bombay Inams (Kutch Area ) Abolition (Gujarat Amendment ) Act , 1994 was not admitted by the Collector , such person shall also be entitled to make an application under sub - section (1) .

(3) On receipt of an application under sub- section (1) , the Collector shall admit the same and all the provisions of this Act shall apply to the application as if it. were an application made within the period prescribed under section 15 or, as the case may be, under section 16 :

Provided that if the Collector refusesto admit such application , the applicant may make an appeal to the State Government against the order of the Collector within a period of three months from the date of the order and the State Government may pass such order thereon as it may deem fit." .

STATEMENT OF OBJECT AND REASONS

The period for notifying his claim by a creditor of an inamdar or holder of a sub-- inam specified under sub -section (2) of Section 14 of the Bombay Inams (Kutch Area) Abolition Act , 1958; the period for making an application for determination of the amount of compensation payable to inamdar or holder of a sub - inam prescribed under sub -section (1) of section 15 of the said Act ; and the period for making an application . for compensation payable to any person prescribed under sub - section ( 2 ) of section, 16 ; has been extended from time to time and it was last extended in 1969 , upto the end of September, 1969. It is brought to the notice of the State Government that still a large number of creditors , Inamdars , holders of sub - inams and other persons have not been able to avail themselves of the opportunity to make the necessary application. It is, therefore , considered necessary to extend the aforesaid periods upto the end of December, 1994 .

This Bill seeks to achieve the aforesaid object .

DALSUKHBHAI GODHANI,

INDEX 22-3

GUJARAT GOVERNMENT GAZETTE , EX . , 13-7-1994

PART. V ]

FINANCIAL MEMORANDUM

or 16. Clause 3 of the Bill , which proposes to insert new section 16D provides for extension of time limit for making application for compensation under section 15 The person entitled to claim compensation would apply to the Collector within the extended time limit and the compensation payable to such persons would involve an estimated expenditure of about Rs . 20,55,649/- from the Consolidated Fund of the State out of which about Rs . 91,200/- would be of a recurring nature and about Rs . 19,64,449/ -- would be of a non-recurring nature .

Dated the 8th July, 1994 .

DALSUKHBHAI GODHANI . "

Gandhinagar,

Dated the 13th July, 1994 .

N. K. KATHIRIA , Secretary, Gujarat Legislative Assembly .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 23

REGISTERED NO. G/GNR/ 2

सत्ता पेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

WEDNESDAY , JULY 13, 1994/ ASADHA 22, 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART V

Bill introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 13th July, 1994 by Shri Manoharsinhgi Jadeja, Minister for Finance, is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :-

" THE GUJARAT STATE GUARANTEES ( AMENDMENT) BILL, 1994 .

Gujarat Bill No. 23 of 1994.

A BILL

further to amend the Gujarat State Guarantees Act , 1963 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows:-

1. This Act may be called the Gujarat State Guarantees (Amendment) Act , 1994.

Short title,

Guj . XXII of1963.

2. In the Gujarat State Guarantees Act , 1963, in section 2, in sub- section (1 ), for the letters and figures "Rs. 60,00,00,00,000 " , the letters and figures "Rs . 80,00,00,00,000" shall be substituted .

Amend- ment of section 2 ofGuj . XXII of, 1963 .

23-1

V-Extra - 23-1

INDEX [PART V 23-2

GUJARAT GOVERNMENT GAZETTE , EX. , 13-7-1994

STATEMENT OF OBJECTS AND REASONS

Sub-section ( 1) of section 2 of the Gujarat State Guarantees Act, 1963 fixes Rs . 60,00,00,00,000 to be the limit upto which the State may give guarantees . With a view to meet with increasing demands made'in this behalf on the State in the wake of expan- sion of agricultural and industrial activities in the State, it is considered necessary to raise the limit upto Rs. 80,00,00,00,000. This Bill provides accordingly.

MANOHARSINHJI JADEJA,".

Dated the 8th July, 1994 .

N. K. KATHIRIA, Gandhinagar,

Dated the 13th July , 1994 .

Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No. 24

REGISTERED NO . G/GNR/2

The Gujarat Government_Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

WEDNESDAY , JULY 13 , 1994/ASADHA 22, 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the

proviso to rule 127-A of the Gujarat Legislative Assembly Rules :

THE GUJARAT MUNICIPALITIES ( AMENDMENT ) BILL , 1994 .

GUJARAT BILL NO . 24 OF 1994 .

A BILL

further to amend the Gujarat Municipalities Act , 1963 .

It is hereby enacted in the Forty fifth Year of the Republic of India as follows :-

1. (1) This Act may be called the Gujarat Municipalities (Amendment ) Act , 1994 .

(2) It shall come into force on such date as the State Government may by notifica- tion in the Official Gazette , appoint .

Short title and Commen- cement..

Guj . 34 of 1964..

2. In the Gujarat Municipalities Act , 1963 (hereinafter referred to as "the principal Act" ) , in Chapter- III ,-

Substi- tution of heading, sub- head- ing and sections (1) for the heading "PRESIDENT, VICE PRESIDENT , COUNCILLORS AND CHIEF OFFICER" the heading "PRESIDENT , VICE -PRESIDENT, COUNCILLORS AND OFFICERS AND SERVANTS OF THE MUNICIPALITY" shall be substituted;

(2) for the sub - heading "(3 ) Chief Officer and other Officers " appearing after section 46, the sub -heading " ( 3) Officers and servants of the Municipalities " shall be substi- tuted.

in Gu . 34 of to 50 1964.

24-1

V-Ex-24-1

INDEX PART V GUJARAT GOVERNMENT GAZETTE , EX . , 13-7-1994

24-2

(3) In the principal Act , for sections 47, 48, 49 and 50 the following shall be substi- tuted , namely : -

"47. ( 1) ( a) For every municipality there shall be a Chief Officer appointed by the State Government .

Appoint- mentof Chief officers and other officers .

(b) The Chief Officer of a municipality shall forthwith be transferred from that municipality by the State Government if a resolution to that effect is passed by the municipality with not less than two thirds of the total number of councillors of the municipality voting in favour of such resolution .

(2) A municipality may, with the previous sanction of the Director , and shall, if so required by the State Government , create all or any of the following posts namely :-

(i) a municipal engineer ,

(ii) a water works engineer ,

(iii) a municipal health Officer ,

(iv) a municipal auditor ,

(v) a municipal education officer, and

(vi) any other, officer as may be designated by the State Government in this behalf.

(3) Subject to the provisions of section 47A, the recruitment and conditions of service of the officers referred to in sub - sections ( 1 ) and ( 2 ) shall be such as may be prescribed ."

(4) Subject to the provisions of section 47A, the powerwer to make appointment to the posts referred to in sub -section (2 ) shall vest in the municipality.

Consti- tution of Municipal Services .

47A. (1) If the State Government is of the opinion that it is necessary and expe- dient so to do for bringing about a uniform and a more efficient service of officers in municipalities for the purpose of carrying out the functions and duties under this Act, it may, notwithstanding anything contained in this Act , by notifications in the Official Gazette.-

(a) constitute in respect of all municipalities in municipal boroughs having such population of such number as may be specified in the notification , a municipal service or services ( to be called by such designation as may be specified in the notification) of-

(i) Chief Officers of such municipalities , and

(ii) all or any other officers referred to in sub- section (2 ) of section 47;

(b) direct from time to time that each such municipal service shall consist of such classes, cadres and posts ( including grades of posts) ; and

(2) The State Government may make rules for , --

(a) regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption in municipal service constituted under this section or otherwise, of persons already working under any municipality ;

(b) providing for terminal benefits such as compensation, pension or gratuity or the ike, to persons who elect not to be absorbed in any such service or who elect to retire; and

INDEX 24-3 GUJARAT GOVERNMENT GAZETTE , EX. , 13-7-1994

PART VI

Providedthat the conditions of service of any person absorbed in any such service shall not be less advantageous than those applicable to him immediately before such absorption .

(3 ) The provisions of section 48 shall cease to apply to persons appointed to or absorbed in such municipal services constituted under this section :

Provided that , such cessor shall not, in relation to persons absorbed in any such service, effect the previous operation of section 48 in respect of any thing done omitted to be done before such absorption .

(4) Notwithstanding anything contained in sub - section ( 2 ) of section 47, the power to appoint officers of any municipal service constituted under this section including promotions, transfers , and powers in relation to all matters regarding their conditions of service shall vest in the State Government :

(5) The officers included in any municipal service constituted under this section shall be the servants of the State Government but they shall draw their salaries and allowances directly from the municipal fund.

(6) There shall be paid every year out of the municipal fundto the State Govern- ment such cost as the State Government may determine on account of pension, leave and allowances other than those drawn from the municipal fund under sub- section (5) of the officers belonging to any of municipal services constituted under this section and all the expenses incurred by the State Government for administering the municipal service or services constituted under this section. If any municipality fails to pay such cost and expenses or the salaries and allowances of such officers within the period prescribed in this behalf then the provision of sub-section ( 3 ) of section 262 shall apply to the payment of such cost and expenses or the salaries and allowances of such officers as they apply in relation to the payment of the expense and remuneration not paid under that section .

of Imposition penalties .

48. ( 1) Without prejudice to the provisions of any law for the time being in force and subject to any rules made under section 47A, the following penalties may, for good and sufficient reasons be imposed upon any officer or servant of a municipality, namely:

(i) Censure,

( ii) withholding of increments or promotion including stoppage at an efficiency bar ;

(iii ) reduction to a lower post on a fixed pay or a time scale or to a lower stage in a time -scale;

(iv) recovery from his pay of the whole or part of any pecuniary loss caused to the municipality by negligence or breach of orders ;

(v) fine ;

(vi ) suspension ;

(vii ) removal from service, which does not disqualiy him from future employ- ment ;

(viii) dismissal from service, which ordinarily disquaifies him from future employment .

(2) Any of the penalties mentioned in sub - section ( 1 ) may be imposed on an officer or servant of a municipality by the authority competent to make the appointment of such officer or servant ; ..

(3) No officer or servant shall be reduced to a lower post or removed or dismissed from service and no punishment involving any monetary loss shall be imposed on him under this section unless he has been given a reasonable opportunity of showing cause against such reduction , removal, dismissal or punishment :

INDEX 24-4

EX. , 13-7-1994

GUJARAT GOVERNMENT GAZETTE

[PART V

Provided that this sub -section shall not apply -

(a) where a person is reduced, removed or dismissed or punished on the ground o conduct which has led to his conviction or a criminal charge , or

奈 (b) where the competent authority is satisfied that, for reasons to be recorded in writingbyby suchs authority, it is not reasonably practicable to give to such pers opportunity to show cause ; person an

(4) An appeal shall lie to the authority mentioned in column (2 ) of the table below against any order imposing any penalty made by the authority mentioned in column (1) of the said table .

Table

Authority imposing the penalty

Superior authority to which appeal may lie.

(1)

(2)

Chief Officer

Executive Committee

Municipality

Executive Committee or president

Director of

Municipality

(5) No such appeal shall be entertained unless it is preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned .

49. ( 1) The Chief Officer shall ,

Powers and duties ofchief Officer .

(a) subjectto the control , direction and supervision of the president , supervise the financial and executive administration of the municipality and perform such duties and exercise such powers as may be imposed or conferred upon him or dele- gated to him by or under the Act .

(b) take steps to give effect to all the decisions or resolutions of the Munici- pality;

(d) subject to the orders of the municipality, take prompt steps to remove any irregularity pointed out by an auditor ;

(e) prepare budget estimates and submit themto the executive committee

(f) report all cases of fraud , embezzlement , theft or loss of municipal money and property to the president and the relevant Committee;

(g) exercise supervision and control over the acts and proceedings of all the officers and servants of the municipality ;

(h) subject to the rules, by laws and general or special orders made under the Act determine all questions relating to pay, allowances , leave and other benefits in respect of the officers and servants of the municipality;

INDEX 24-5

GOVERNMENT GAZETTE EX . , 13-7-1994

GUJARAT

PART VJ

(i) furnish to the Collector or such other officer as the Collector shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipality .

(2 ) The Chief Officer may with the previous sanction of the Director delegate any of the powers or duties to any municipal officer or servant :

Provided that , such delegation shall be subject to such limitations , if any, as máy be prescribed by the Director and also to the control and revision by the Chief Officer.

50. ( 1) A municipality may with the previous sanction of the Director create such posts of officers and servants other than those specified in sub - sections (1) and (2) of section 47 as it shall deem necessary for the purposes of carrying out the duties under the Act ;

(2) The recruitment of such officers and servants and their condition of service shall be such as may be determined in accordance with rules made under section 271 .

Appoint- ment of other officers and servants of the munici- palities .

(3) The power to make appointment in any post referred to in sub -section (1) shall vest in the municipality or in the authority empowered by the municipality by rules made in this behalf under section 271. " .

3. In the principal Act , after section 129 , the following new section shall be inserted, namely:-

Insertion of now section 129 A in Guj: 34 of 1964 .

Farming of octori .

" 129A. ( 1) Subject to such rules as the State Government make in this behalf it shall be lawful for a municipality, to lease by public auction or private contract the collecting of octroi :

(2) All sums payable under the terms and conditions of the lease, if not paid, shall be recoverable as arrears of land revenue .

(3) The lessee and every person employed by the lessee to assist him in the collection of octroi shall be deemed to be appointed by the municipality to collect the same under this Act and shall exercise all the powers and be subject to all the responsibilities attaching to persons appointed to collect such octroi under this Act .

(4) Any rules or orders for the levy, collection and recovery of any such octroi shall have effect subject to the provisions of this section. " .

4. In the principal Act, section 273 shall be deleted .

Dele- tion of section 273 of Guj . 34 of 1964.

V- Extra-24-2

INDEX FPART V GUJARAT GOVERNMENT GAZETTE EX. , 13-7-1994

24-6

STATEMENT OF OBJECTS AND REASONS

Chief Officer of a municipality is a key officer in whom the administration of the municipality vests. Under the existing provisions of the Gujarat Munici- palities Act, 1963 he is appointed by thethe municipality. He is also removable byby the municipality by a resolution passed by a majority of two thirds of the total number of the councillors . It has been noticed in pratice that since the councillors change every five years, where as the Chief Officer cannot be transferred, he tends to abuse his powers and maladminister the municipality. In order to avoid such situations and to improve the administration of the municipalities it is considered necessary to provide for appointment and transfer of the Chief Officer by the State Government and to take power to constitute a municipal service of Chief Officer in the State. It is also considered necessary to enable the State Government to have similar powers in respect of the services of municipal health officers, water works engineers , municipal auditors etc. so that whenever the State Government considers it necessary, it can take appro- priate action Accordingly , it is proposed to substitute the existing provisions of section 47 to 50 of the Act and insert new section 47-A

1 It is found that there are leakages in the ollection of coctroi through its employees in some municipalities with the result that their financial position is adversely affected . It is possible to improve the situation by leasing by public auction or private contract the collecting of octroi by private agencies . Accordingly, power is taken by the new section 129 A proposed to be inserted by clause 3.

人

This Bill seeks to amend the said Act to achieve the aforesaid objects .

NARHARI AMIN,

FINANCIAL MEMORANDUM

Sub - section (6) of section 47A proposed to be substituted by sub- clause (3) of clause 2 of the Bill initially involves expenditure from the Consolidated Fund of the State in respect of the cost to be incurred by the State Government on account of pension, leave and allowances of the officers belonging to municipal services and for administering the municipal services constituted under that sub -section. The cost would be reimbursed to Government by the municipality . This provision if enacted and brought into opera- tion would involve an estimated annual expenditure of about Rupees twenty lakhs from the Consolidated Fund of the State . The expenditure is of non -recurring narute.

NARHARI AMIN,

INDEX 24-7 GUJARAT GOVERNMENT GAZETTE ΕΧ .; 13-7-1994

PART VI

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative powers in the following respects :-

Clause 1.- Sub-clause (2) of this clause empowers the State Governmentto appoint by notification in the Official Gazette the date on which the Act shall come into force .

Clause 2 (i ) Sub- s otion (3) of Section 47 proposed to be substituted by sub- clause (3) empowers the State Government to prescribe by rules the recruitment and conditions of service of the Officers referred to in sub -sections (1) and (2 ) of the said section 47 .

(ii) Sub-section (1 ) of Section 47A proposed to be substituted by sub- clause (3) empowers the State Government to constitute by notification in the Official Gazette a municipal service or services of Chief Officers and all or any of other officers specified in sub -section (2) of section 47 .

(iii) Sub -section (3) of Section 47 A proposed to be substituted by the sub- clause (3) empowers the State Government to make rules for regulating the mode of recruitment including provision for absorption in municipal services constituted under this clause of persons working under any municipality providing for terminal benefits to persons who elect not to be absorbed or who elect to retire and the conditions of service of persons appointed or absorbred in municipal service.

(iv) Sub -clause (1) of Section 129A proposed to be inserted by clause 3 of the Bill empowers the State Government to make rules subject to which it shall be lawful for a municipality to lease by public auction or private contract the collect- ing of octroi .

The delegation of legislative powers as aforesaid is necessary and is of normal character .

Dated the 13th July, 1994 .

NARHARI AMIN .

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI ,

Secretaryto the Government oj Gujarat, Legislative and Parliamentary Affairs Department.

Gandhinagar, dated 13th July, 1994 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2.

Extra No. 25

सस्यमेव अध्य

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , JULY 14 , 1994/ASADHA 23 , 1916

Vol . XXXV)

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The followingBill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules:-

THE GUJARAT APPROPRIATION BILL , 1994 .

GUJARAT BILL NO . 25 OF 1994 .

A BILL

to authorise payment and appropriation of certain sums from and out of the Conso- lidated Fund of the State of Gujarat for the services of the financial year ending on the thirty -first day of March , 1995.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows:-

1. This Act maybe called the Gujarat Appropriation Act , 1994 .

Short title .

2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annex- ed amounting in the aggregate to the sum of seven thousand twenty-four hundred crores, thirty-three lakhs , thirty-nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1994-95 in respect of the services and purposes specified in column 2 of the Schedule.

With- drawal of Rs. 70,24,33,39 , 000 from and out of the Consol- idated Fund of the State of Gujarat for the financial year" 1994-95.

Appro- priation.

3. The sums authorised to be paid and applied from and out of the Consoli- dated Fund of the State of Gujarat by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

25-1

V-Extra-25-1

INDEX 25-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 14-7-1994

THE SCHEDULE

(See sections 2 and 3) .

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Rs .

Revenue

1,60,31,000

1.. Agriculture , Co - operation and Rural Development Department

Revenue

1,76,42,69,000

2... Agriculture

10,03,33,000

Capital

Revenue

19,76,13,000

3. Minor Irrigation , Soil Conserva- tion and Area Development .

56,67,000

Capital.

Revenue

22,81,25,000

4. Animal Husbandry and Dairy Development .

2,67,000

Capital

Revenue

5. Fisheres                                           8,13,95,000                      8,13,95,000
                                       Capital        9,01,84,000                       9,01,84,000
6. Co -operation                       Revenue       12,74,27,000                     12,74,27,000
                                       Capital        7,45,59,000                       7,45,59,000

Revenue

89,20,000

8. Education Department .

Revenue

10,18,41,82,000

10,42,89,82,000 9. Education

24,48,00,000

Capital

Revenue

3,16,42,000

10. Other Expenditure pertaining to Education Department .

Revenue

36,57,000

11. Energy and Petro--Chemicals Department .

1,74,99,000

Revenue

1,74,99,000

12. Tax collection charges (Energy and Petro- chemicals Department).

Revenue

2,03,33,33,000

13. Energy Projects .

2,35,90,50,000

Capital

14. Other Expenditure pertaining: to Energy and Petro- Chemicals Department .

INDEX 25-3

GUJARAT , GOVERNMENT GAZETTE , EX. , 14-7-1994

PART V]

Services and purposes

No. of Vote/ Appro- priation.

Sums not exceeding

Total Voted Charged on the Consolidated Fund

Rs .

1,77,90,000

Revenue

15 Finance Department

Capital

Revenue 16 Tax Collection, Charges (Finance Department)

1,77,90,000

2,37,000 2,37,000

21,28,51,000 21,28,51,000

12,29,20,000 12,29,20,000

Revenue

Treasury and Accounts Administration

2,67,000 1,71,48,34,000

Revenue

Pension and other Retirement Benefits

Revenue 19 Other Expenditure pertaining to Finance Department

Capital

Revenue

Capital Repayment of Debt pertaining to Finance Department and its Servicing

Revenue

21. Food and Civil Supplies Department

Revenue 22

Civil Supplies

(

Capital 1,71,45,67,000

3,23,90,25,000 3,23,90,25,000

80,67,000

67,000

7,11,58,63,000 7,11,58,63,000

8,93,53,55,000 8,93,53,55,000

1,91,37,000 1,91,37,000

12,98,51,000 12,98,51,000

67,000 67,000

3,70,97,000 3,70,97,000

Revenue

23 Food

Capital

16,67,000 16,67,000

45,37,000 45,37,000

Revenue

25    Forest and Environment
      Department
26     Forests                      Revenue        28,91,70,000                   28,91,70,000
                                    Capital        30,54,51,000                   30,54,51,000

1,12,00,000

Revenue

27 Environment

Revenue 29 Governor

1,12,00,000

51,37,000

51,37,000-

1,49,42,000

Revenue

30 Council of Ministers

Revenue

31 Elections

Revenue Public Service, Commission

INDEX

1,49,42,000

15,27,01,000 15,27,01,000

1,01,13,000 20,03,000 81,10,000 [PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 14-7-1994

25-4

No. of Services and purposes

Sums not exceeding

Total

Voted

Vote/

Appro- priation.

Revenue General Administration Department

Revenue EconomicAdvice and Statistics

Revenue 35 Other Expenditure pertaining to General Administration Department

Revenue

36 State Legislature

Revenue

38 Health and Family Welfare Department

Revenue

Medical and Public Health

Revenue

40 Family Welfare`

Revenue

41 Water Supply

Capital

Revenue

42 Other Expenditure pertaining to Health and Family Welfare Department

Revenue

43 HomeDepartment

Revenue

Police

Revenue

Jails

Revenue

46 Transport

Capital

Revenue

Capital Other Expenditure pertaining to Home Department

Revenue

48 Industries and Mines Department

Revenue

49 Stationery and Printing

Revenue

Industries

Capital

Revenue

Mines and Minerals

Revenue

Capital Other Expenditure pertaining to Industries and Mines Department

INDEX

Charged on the - Consolidated Fund

Rs .

Rs.

Rs .

6,30,81,000

2,95,12,000

28,92,31,000

2,48,38,000

2,67,000

2,45,71,000

1,38,73,000

1,97,15,22,000

45,06,67,000

45,26,10,000

1,11,11,00,000 1,11,11,00,000

16,95,97,000 16,95,97,000

1,12,13,000 1,12,13,000

2,12,72,24,000

5,88,70,000

7,99,75,000 ,

7,99,75,000

1,86,00,000

16,04,35,000 86,000

16,03,49,000

7,41,67,000 7,41,67,000

73,17,000

15,97,80,000

52,67,40,000 52,67,40,000

1,31,79,52,000 1,31,79,52,000

5,44,93,000

31,77,000 31,77,000 25-5

GUJARAT GOVERNMENT GAZETTE, EX. , 14-7-1994

PART VI

Services and purposes

No. of Vote/ Appro- priation.

Sums not exceeding

Total Voted Charged on the Consolidated. Fund

Rs .

Rs.

19,80,000

Revenue

Information, Broadcasting.. and Toraism Department

Revenue luformation and Publicity

Capital

55 Tourism

19,80,000

10,03,74,000

2,28,50,000

28,00,000

Revenue

Capital

93,53,000

Revenue

Other Expenditure pertaining to Information, Broadcasting : and Tourism Department

93,53,000

46,85,000 46,85,000

Revenue

Labour and Employment Department

Labour and Enployment

33,99,42,000 33,99,42,000

1,33,000 1,33,000

Revenue

Capital

Revenue

Legal Department

Capital

94,13,000

17,000

28,63,45,000

Revenue

Administration of Justice

Revenue Other Expenditure pertaining to Legal Department .

Revenue Legislative and Parliamentary Affairs Department

3,19,57,000.

25,43,88,000

92,61,000 92,61,000

50,80,000 50,80,000

Revenue

65 Narmada and Water Resources Department

Capital 66 Narmada Development Scheme

1,25,40,000 1,25,40,000

5,11,28,29,000 5,11,28,29,000

3,40,69,42,000

Revenue

67 Irrigation and Soil Conservation

Capital

Revenue Other Expenditure pertaining to Narmada and Water Resources Department

Revenue 69 Panchayats and Rural Housing Department

1,18,82,55,000 1,18,82,55,000

9,33,000 9,33,000

76,22,000 76,22,000

Revenue

Community Development

Capital

INDEX

58,06,23,000

5,53,000

5,53,000 25-6

GUJARAT GOVERNMENT GAZETTE , EX. , 14-7-1994

[PART V

Noof

Sums not exceeding

Vote Services and purposes

Voted

Total

Appro-

pristion...

Charged on the Consolidated Fund .

Rs.

Rs .

Rs.

Revenue

53,30,73,000

19,63,40,000

33,67,33,000

71 Rural Housing

1,54,67,000

Capital

11,21,89,000

11,21,89.000

72 Compensations and Assignments Rovenue

Revenue

6,56,07,000

73 Other Expenditure pertaining to Panchayats and Rural Housing Department

Revenue

2,01,03,000

74 Revenue Department

Revenue

19,22,23,000

19,40,90,000

18,67,000

75 Tax Collection Charges (Revenue Department)

19,09,93.000

Revenue

19,09,93,000 76 District Administration

Revenue

"56,50,00,000

56,50,00,000

77 Relief on account of Natural Calamities

16,67,000

Capital

8,86,73,000

Revenue

8,86,73,000

78 Dangs District

33,000

Capital

5,32,10,000

28,47,000

5,03,63,000

Revenue .

79 Compensations and Assigninents .

67,33,000

29,33,000

38,00,000

Capital

31,63,000

3,000

31,60,000

Revenue

80 Other Expenditure pertaining to Revenue Department

6,80,000

Capital

1,67,43,000

1,67.43,000

Revenue

Roads and Buildings Department

61,26,76,000

2,08,000

Revenue

61,24,68,000

82 Non-Residential Buildings

22,31,21,000

Capital

26,18,33,000

Revenue

26,18,33,000

83 Residential Buildings

5,22,41,000

Capital

1,54,95,05,000

Revenue

1,54,95,05,000 :

Roads and Bridges

32,94,67,000

Capital

г.

5,46,67,000

85 Ports

Capital

1,51,29,000

Revenue

1,51,29,000

86 Gujarat Capital Construction

Soheme

4,81,67,000

Capital

INDEX 25-7 GUJARAT GOVERNMENT GAZETTE , EX . , 14-7-1994

PART VI

No. of

Sums not exceeding

Services and purposes

Vote/

Total

Voted

Appro-

priation:

Charged on the Consolidated Fund

Rs .

P.s.

4,49,20,000

4,49,20.000

Revenue

87 Other Expenditure pertaining to Roads and Buildings Department

33,34,000

Capital

65,82,000

Revenue

65,82,000

88 Social Welfare and Tribal Development Department

1,57,90,000

Revenue

89 State Excise

1,57,90.000

48;16,82,000

Revenue

48,16.82,000

Social Security and Welfare

93.33,000

93,33,000

Capital

18,11,39,000

Revenue

18,11,39.000

91 Welfare of Scheduled Tribes

34.53.000

34,53,000

Capital

78,26,40,000

Revenue

93 Special Component Plan for Scheduled Castes

6,25,47,000

Capital

1,86,14,57,000

Revenue 1,86,14,57,000

94 Tribal Area Sub -Plen

66,48,07,000

Capital

43,83,000

Revenue

95 Urban Development and Urban Housing Department

Revenue

10,53,33,000

6,18,70,000

4,34,63,000

96 Urban Housing

3,63,53,000 .

3,63,53,000

Capital

31,99,59,000

Revenue

31,99,59,000

97 Urban Development

14,33,33,000

Capital

21,11,35,000

Revenue

4,15,62,000

16,95,73,000

98. Compensations , Assigument and tax collection , charges

75,41,000

Revenue

99 Other Expenditure pertaining to Urban Development and Urban Housing Department

Revenue

21,00,000

100 Youth Services and Cultural Activities Department

Revenue

5,84,19,000

5,84,19,000 .

101 Youth Services and Cultural Activities .

Revenue

47,85,32,26,000

7,85,15,77,000

40,00,16,49,000

Total

22,39,01,13,000

8,93,89,08,000

Capital 13,45,12,05,000

70,24,35,39,000

Grand Total

16,79,04,85,000

53,45,28,54,000

INDEX 25-8-

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 14-7-1994

STATEMENT OF OBJECTS AND REASONS

Article 204 ( 1 ) of the Constitution of India requires that as soon as may be after the grats have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet-

شد

(a) the grants so made by the Assembly, and

(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the Statement previously laid before the Legislative Assembly.

The Bill accordingly specifies the gross amount required to meet grants made by the Assembly and the expenditure charged on the Consolidated Fund of this State for the financial year ending on the 31st March, 1995. :

The amounts are shown below :-

Rs .

(a) Revenue Expenditure '

47,85,32,26,000

(b) Capital Expenditure

22,39,01,13,000

Total ..

70,24,33,39,000

Dated the 14th July, 1994.

MANOHARSINHJI JADEJA .

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI ,

Secretaryto the Government of Gujarat , Legislative and Parliamentary Affairs Department. Gandhinagar, dated the 14th July, 1994.

GOVERNMENT CENTRAL PRESS , GANDHINAGIAR .

INDEX Extra No. 26

REGISTERED NO . G/GNR/ 2

The Gujarat Government Gazette

Vol . XXXV]

FRIDAY, JULY 15, 1994/ASADHA 24, 1916

Separate paging is given to this Part in order that it kay be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 14th July, 1994 by Shri Harjivandas Patel , M.L.A. is published under rule 127 -- A. of the Gujarat Legislative Assembly "Rules for general information :

"GUJARAT BILL NO . 26 OF 1994 .

THE BOMBAY ELECTRICITY DUTY ( GUJARAT AMENDMENT) BILL, 1994 .

A BILL

further to amend the Bombay Electricity Duty Act , 1958 .

It is hereby enacted in the Forty-fifth year of the Republic of India, as follows

Short (1) This Act may be called the Bombay Electricity Duty (Gujarat Amendment ) Act, 1994 .

(2) It shall come into force at once .

title and commen- cement .

2. In the Bombay Electricity Duty Act , 1958 in Schedule I, in Part I, for item (7) , the following items shall be substituted , namely :-

Bom . XI of1958

Amend- ment of Schedule I Bom . XL of1958 .

10 per- cent of consum- ption charges.

"(7) For energy consumed in respect of premises used. for residence and/or for carrying out , without use of motive power any of the following self employed activities such as cottage industries , handicrafts, manual or jobwork by the consumer and his family members , namely:-

1. Tailoring work including cleansing , ironing, cutting or sewing of chindis or clothes .

2. Embroidery work ;

3. Knitting work ;

4. Making kites and dyeing and rolling kite thread.;

26-1

V-Extra -26-1

INDEX [PART V 26-2 GUJARAT GOVERNMENT GAZETTE , EX. , 15-7-1994

5. Bidi work including tobacco blending and cutting of tobacco leaves ;

6. Craft work such as making flowers , toys , idols , paper biers , etc.,

7. Carding work including making of quits , mattresses , cushions eto ;

8. Cobbling work including shoe making ete .

9. Carpentry.

10. Pottery work including making of idols , toys , pots etc, out of clay.

11. Preparing thread, cord, rope , kathi, vaan etc.

12. Ivory and lac works ;

13. Manufacturing of puttha box .

14. Preparing farsan, sweetmeat etc ;

15. Bamboo work i. e . making of baskets ete ;

16. Coir work i. e . making of mat , broom etc.

17. Spinning and rolling work of handloom and Khadi cloth ;

18. Type - writing work ;

19. Painting work ,

20. Book-keeping work ;

21. Any manual or job work or self employed activity not falling under any of the entries above.

(8) For energy consumed in respect of premises used as religious and sacred places, namely :-

10 per- cent of Consum ption charges.

1. Temple , Mosque, Church , Gurudwara , Derasar, Agiyari etc. , where Pooja, Namaz, Prayer etc. is carried out ;

2. Pathshala, Madrasa, Ishwar Vidya Shala etc. where hymns from sacred Books such as Geeta , Quoran, Bible etc. are recited and/or religious education is imparted ;

3. Deri , Samadhi , Dargah, Tomb , Monument , Smashangrih, kabrastan eto

(9) For energy consumed by the following Charitable institutions, whose aim is not to make profit, namely:-

10 per- cent of consum- ption charges.

1. Hospital , dispensary, maternity home, pathological laboratory, sanitorium eto .

2. School, College , Balmandir , Gymnasium eto .

3. Library, Club, reading room, etc.

4. Orphanage, Dharamshala, Musafarkhana, Upashraya, Parent home eto .

5. Swimming pool, auditorium hall etc.

(10) For energy consumed in respect of any premises not falling under any of the items ( 1) to (9) above ."

60 per- cent of consum- ption charges.

INDEX 26-3 PART VIGUJARAT GOVERNMENT GAZETTE , EX , 15-7-1994

STATEMENT OF OBJECTS AND REASONS ..

According to the existing provisions of the Bombay Electricity Duty Act , 1958, the energy consumed by residential premises where some self- employed activities and/ or manual works are carried out , without any use of motive power by the consumers and their family members to make both ends meet, is charged at the highest rate of electricity duty i.e. 60 percent . The energy consumed in religious placesand chari- table institutions also is charged at the highest rate of 60 percent of consumption char- ges . The levy of the duty on energy, consumed by these religious and charitable in- stitutions at this highest rate is not justifiable in light of the fact that the general tax thereon is also exempted by the Municipal Corporations , Municipalities , Local Boards and Panchayats . C

With a view to give some justice and relief to self-employed down troddens , re- ligious places and charitable institutions, the Bill seeks to amend the Bombay Electri- city DutyAct , 1958 so as to charge the electricity duty for the above purposes at the rate applicable to residential premises.

Hence this Bill .

Dated the 14th June , 1994 ..

HARJIVANDAS PATEL , " M. L. A.

Gandhinagar,

N. K. KATHIRIA ;

Dated the 15th July , 1994 .

Secretary, Gujarat Legislative Assembly .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2.

Extra No. 27

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXV]

FRIDAY , JULY 15 , 1994/ASADHA 23 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 14th July, 1994 by Shri Atmaram Parmar , M.L.A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information :-

" GUJARAT BILL NO . 27 OF 1994 .

THE GUJARAT AGRICULTURE WORKERS BILL, 1994.

A BILL

to provide for the welfare of the Agriculture workers in the State of Gujarat , to regulate their employment and conditions of service and for matters connected therewith .

It is hereby enacted in the Forty- fifth year of the Republic of India as follows ; --

CHAPTER-I

PRELIMINARY

1. (1) This Act may be called the Gujarat Agriculture workers Act , 1994.

(2) It extends to the whole of the State of Gujarat .

(3) It shall come into force on such date as the State Government may , by notifica- tion in the Official Gazette , appoint .

Short title, extent and commen- cement,

2. In this Act , unless the context otherwise requires :-

Defini- tion .

(1) "Board" means an Employment Guarantee Board constituted by the State Government under section 14 of this Act .

(2) "Conciliation Officer" , " Registering Officer " and " Inspector " mean the Offi- cers appointed under section 7 of this Act .

27-1

V-Extra- 27-1

INDEX 27-2

[PART V GUJARAT GOVERNMENT GAZETTE EX. , 15-7-1994

(3) The words " employment " "dispute " shall have the same meaning as are assigned to them in the labours laws .

(4) " employer" means a person who personally cultivates his own land or who cultivates land as tenant or in any other case a person in actual possession of a land his heirs , assignees and legal representatives .

(5) "Fund" means the Agriculture Workers Welfare Fund established under sec- tion 13 of this Act .

(6) "proscribed" means prescribed by the State Government by rules made under this Act.

(7) "Tribunal' means the Agriculture Workers Tribunal constituted under section 3 of this Act .

(8). "Worker " means a person who , inconsideration of the wages payable to him, works on or does any other agricultural operation in relation to the agricultural land of the employer .

CHAPTER - II

AGRICULTURE WORKERS ' TRIBUNAL AND OFFICERS

3. For the purpose of securing the Welfare of Agriculture Workers , the State Government shall, by notification in the Official Gazette , constitute the Agriculture Workers' Tribunal consisting of a sole member, who shall be representing the agricul- ture workers .

Consti- tution of Agri- culture workers' Tribunal .

4. The term for which the member of the Tribunal shall hold office and other conditions of service shall be such as may be prescribed .

Term of office and condi- tions of service of member of Tribunal .

5. The State Government may terminate the services of a member of the Tribu- nal before the expiry of the term of his office if such member:-

(1) is adjudged an insolvent , or

(2) engages himself during his term of office , in any paid employment ,

(3) is, in the opinion of the State Government , unfit to continue in office by reason of infirmity of mind or body, or

(4) is convicted of an offence involving moral turpitude .

Power of State Govern- mentto terminate appoint- ment before expiry ofterm.

6. The vacancy in the membership of the Tribunal shall be filled by the State Government as soon as practicable and in the manner as may be prescribed .

Filling of vacancy.

INDEX 27-3 GUJARAT GOVERNMENT GAZETTE EX . , 15-7-1994

PART V ]

7. The State Government shall , by notification in the Official Gazette , appoint Registering Officers , Conciliation Officers and Inspectors whose powers , functions and conditions of service sha'l be suchos may be prescribed.

Appoint- ment of Register- ing Officers, Concilia- tion Officers and Inspe- ctors .

8. The headquarter of the Tribunal shall be at such place as the State Govern- ment may, by Notification in the Official Gazette , determine .

Head Quarter of Tribunal .

CHAPTER -- III

SECURITY OF EMPLOYMENT AND WELFARE

9. The employer shall engage the Agriculture Workers from the following cate- gories:-

(1) Agriculture Workers who have worked as such for at-least 240 days or more at any time during last seven years or a part thereof either continuously or with a break;

Prefer- ence for employ- ment as Agri- culturo Workers.

(2) Other workers of the same village ;

( 3) Workers of outside areas :

Provided that the workers of the suceeding categories shall not be employed so long as the workers of prior categoroies are available and in the event of employment of the workers of succeeding categories , specific approval of the State Government shall be obtained ..

10. The payment of minimum wages to an illiterate worker shall be made in the presence of a literate Agriculture Worker of the same village as nominated by the Agriculture Worker concerned. The employer shall obtain signature of the wit- nèss certifying such payment .

Payment minimum of wages .

11. The rates of wages for Agriculture Workers shall be revised atleast once in every two years in such manner as may be prescribed .

Revision of rates of minimum wages .

12. No employer shall reduce, directly or indirectly the wages of Agriculture Workers for whatsoever reason .

Employers not to reduce wages.

13. ( 1) The State Government shall establish a fund to be called " The Agri- eulture Workers ' Welfare Fund" for the Welfare of Agriculture Workers . This fund shall consist of an Employee's Provident Fund to be deposited by an employer and any default in depositing the contribution less than 10% of the wages paid shall be & cognizable offence .

Esta- blishment of Agri- culture Workers' Welfare Fund .

(2) The fund shall, vest in and be administered by a committee constituted by the State Government consisting of a Chairman who shall be representative of the Agriculture Workers aud the member each of the Government and the employer .

INDEX [PART V 27-4 GUJARAT GOVERNMENT GAZETTE EX . , 15-7-1994

(3) The rates of the contribution to be made by the State Government and the employer to this Fund shall be such as may be prescribed but shall not be less than ten percent of the wages paid .

14. (1) The State Government shall constitute a Board to be called " The Emp- loyment Guarantee Board" which shall consist of Chairman who shall be a represen- tative of the Agriculture Workers and one member each of the Government and the employer.

Consti- tution of Employ- ment Guarantee Board.

(2) The term of office , conditions of service , powers and functions of the Board shall be such as may be prescribed .

Guarantee of Employ- ment .

15. The Board shall endeavour to give employment to atleast one member of a familly of the Agriculture Workers . If such employment is not provided within 15 days from the date of registration of the name of the Agriculture worker with the Registering Officer, he shall be given an unemployment allowance at the rate of minimum. wages per day for the period he remains unemployed .

CHAPTER IV

DISPUTES

16. (1) When an Employment dispute between employer and Agriculture Workers exists or is apprehended, the Conciliation Officer may hold conciliation proceedings .

Settle- ment of employ ment disputes.

(2) If a settlement of the dispute is arrived at in the course of conciliation pro- ceedings , the Conciliation Officer shallsenda report thereofto the Labour Commissioner and the Secretary , Agriculture , Co - operation and Rural Development Department of the State Government .

(3) If no such settlement is arrived at, the Conciliation Officer shall refer the dispute to the Agriculture Workers Tribunal which shall conclude its proceedings within thirty days from the date of the receipt of the reference and issue its award .

(4) The award of the Agriculture Workers Tribunal shall be final .

CHAPTER V

PENALTIES AND PROCEDURE

17. (1 ) Any offence committeed under this Act shall be a cognizable offence .

Cogniza- able Offences .

(2) Any aggrieved employee or anybody on his behalf may file a criminal prosecution against the employer and the expenditure involved in such litigation shall be borne by the State Government .

18. No court inferior or subordinate to the Court of a Judical Magistrate of the First Class , shall be competent to take congnizance of offence under this Act .

Cogniz- ance of offence .

19. Whoever commits an offence of non -payment or less payment or late payment of wages shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine of one thousand rupees or with both .

Penalty for nonpay- ment of wages .

INDEX 27-5 GUJARAT GOVERNMENT GAZETTE EX. , 15-7-1994

PART V ]

CHAPTER VI

MISCELLANEOUS

20. (1 ) The State Government may, by notification in the Official Gazette , make rules to carry out the purposes of this Act .

Power to make rules .

(2 ) The power to make rules conferred by this section shall be subject to the condi- tion of the rules being made after previous publicatio...

(3) All rules made under this section shall be laid before the State Legislature for not less than thirty days as soon as possible after they are made and shall be subjectto such rescission or modification by the State Legislature as the State Legislature may make during the session in which they are so laid or the session immediately following:

(4) Any modification or rescision so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effort .

STATEMENT OF OBJECTS AND REASONS

In Gujarat, the population of agriculture workeres are spread almost all over the State. They are in millions . The condition of the workeres are horrible. In most of the cases , they are not paid the minimum wages . Unemployment is the order of the day. Sometimes workers from out side areas are engaged at cheaper rates at the cost of the local labour and thus the local Agricukural ( conomy and economic conditions of the Agriculture workers are dislocated . So as to give protection, safety. and social security and to confer rights and privileges to millions of Agriculture workeres of the State of Gujarat , a comprehensive legislation for them is an over de- layed necessity. By this piece of legislation an attempt is made in this direction ..

ATMARAM PARMAR, M. L. A.

FINANCIAL MEMORANDUM

As a comprehensive Bill for Agriculture Workers is to be introduced and it is going to cover the entire State , it will incur some financial liablityto the State . But , look- ing to the complexities and intricacies it is very difficult to estimate the exact amount. ofanticipated expenditure to be involved from the Consolidatd Fund of the State . How- ever, it seems that at initial stage an amount of Rs . 50 lakhs would be sufficient to meet the purposes of implementing the provisions of this Bill .

ATMARAM PARMAR , M. L. A.

V-Extra-27-2

INDEX 27-6

[PART V GUJARAT GOVERNMENT GAZETTE EX. , 15-7-1994

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 1 -Sub- clause (3 ) of Clause 1 empowers . the State Government to appoint the date on which this Act shall come in to force .

Clause 3 : This clause empowers the State Government to constitute by a notifi- cation in the Official Gazette the Agriculture Workers Tribunal .

Clause 4 : This clause empowers the State Government to prescribe the term and other conditions of services of the member of the Tribunal.

Clause 6 : This clause empowers the State Government to prescribe the manner to fill the vacancy in the membership of the Tribunal .

Clause 7: This clause empowers the State Governmentto appoint the Registering Officers, Conciliation officers and Inspectors and prescribe their powers , functions and conditions of services .

Clause 8 : This clause empowers ths State Government to determine the place for the Head Quarter of the Tribunal .

Clause 10 : This clause empowers the State Government to prescribe the manner for revision of rates of minimum wages .

Clause 13 : This clause empowers the state Governmentto establish an Agriculture workers welfare Fund and the rates of contribution of Government and the employer to the fund .

Clause 14 : This clause empowers the State Government to constitute the employment Guarantee Board and to prescribe the term of office , conditions of service, the powers and functions of the Board .

Clause 20 : This clause empowers the State Government to make rules to carry out the purposes of the Act .

The above are matters of an administrative or routine nature and therefore the. delegation of Legislative power is of a normal character .

ATMARAM PARMAR, " , M. L. A.

N. K. KATHIRIA,

Gandhinagar, Dated the 15th July, 1994 .

Secretary, Gujarat Legisilative Assembly

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/ 2 ! Extra No. 28

सत्यदेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV] SATURDAY , DECEMBER 17 , 1994 /AGRAHAYANA 26, 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the pro- viso to rule 127A of the Gujarat Legislative Assembly Rules.-

THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT (AMENDMENT AND VALIDATION) BILL, 1994 .

GUJARAT BILL NO . 28 OF 1994.

A BILL

further to amend the Gujarat Town Planning and Urban Development Act, 1976.

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows:-

Short title .

1. This Act may be calledthe Gujarat Town Planning and Urban Development (Amend- ment and Validation) Act , 1994 .

2. In the Gujarat Town Planning and Urban Development Act, 1976 (hercir after referred to as " the principal Act" ) , in section 7, in sub-section (1 ) ,-

(1) for the words " The functions of", the words " The powers and functions of" shall be substituted ;

Presi Sent's Act No. 27 of 1976 .

(2) after clause ( iv) , the following clause shall be and shall be deemed always to have been inserted, namely : -

Amond- ment of section 7 ofProsi- dent'sAct No. 27 of1976.

"(iv- a) to levy and collect such sorutiny fees for scrutiny, of documents sub- mitted to the appropriate authority for permission for development as may be prescribed by regulations;" ;

(3) after clause (vii ) , the following clause shall be inserted, namely: -

"(vii- a) to levy and collect such fees for the execution of works referred to in Clause (vii ) and for provision of other services and amenities as may be prescri- bed by regulations;" .

3. In the principal Act , in section 9 , in sub -section (1) , after the words and figure " under section 5" the words, brackets and figures " or a local authority is designated as the area development authority under sub-section (1) of section 6, " shall be inserted.

28-1

Amend- ment of section 9 ofPresi dent'sAct No. 27 of 1976 ,

V-Ex- 28-1

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX; 17-12-1994

28-2

4. In the principal Act , in section 23 , in sub -section (1) ,-

(1) for the words " The functions of" , the words " The powers and functions of" shall be substituted ;

Amend ment of section 23 ofProsi- dent's Act No. 27 of1976 .

(2) after clause (v ) , the following clause shall be and shall be deemed always to have been inserted, namely :-

"(v - a ) to levy and collect such scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development as may be prescribed by regulations; " ;

(3) after clause ( vi ) , the following clause shall be inserted, namely :-

"(vi-a ) to levy and collect such fees for the execution of works referred to in clause (vi ) and for provision of other services and amenities as may be prescribed by the regulations ; " .

5. In the principal Aut , in section 26 , after the words "development charge", the words "and scrutiny fees " shall be inserted .

Amend- ment of section 26 ofPresi- dent's Act No. 27 of 1976.

6. In the principal Act , in section 91 , in sub- section (1), in clause (a) , for the words "advances or otherwise " , the words " advances , fees , development charges or otherwise " shall be substituted .

Amond- ment of section 91 ofPresi- dent's Act No. 27 of 1976 .

7. In the principal Act , in section 119 , in sub- section (2 ),-

1) after clauso (c) , the following clause shall be and shall be deemed always to have been insertod, namely:-

Amend mont of section 11.9 . ofPresi- -dent's Act No. 27 of 1976.

"(ci) regulations proscribing foos to be levied and collected under clause (iv-a) ofsub -section (1) of section 7 ; " ;

(2) aftor clause (ci ) , as so inserted , the following clause shall be inserted, namoly:-

"(cii) regulations prescribing foos to be levied and collected under clause. (vii - a) of sub - section (1) of section 7; " ;

(3) after clause ( cii) , as so inserted, the following clause shall be and shall be doomed always to have boon inserted, namely:-

"(ciii) regulations prescribing fees to be levied and collected under clause (v - a) of sub -section (1) of section 23; ";

(4) after clauso ( ciii) , as so insorted , the following clause shall be inserted, namely:-

"(c- iv) rogulations prescribing fees to be levied and collected under olause (vi -a ) of sub- section (1) of section 23;" .

INDEX 28-3 GUJARAT GOVERNMENT GAZETTE , EX; 17-12-1994

PART VI

8. Notwithstanding anything contained in any judgement , decree or order of any court or any other authority

Valida- tion of levy and collection of scru tiny fees under pri- ncipal Act. (a) any regulation made or purported to have been made before the commence - ment of this Act by any appropriate authority under the principal Act for levy of sorutiny fee for scrutiny of documents. submitted to the appropriate authority for permission for.development shall be and shall be deemed always to have been validly made under the principal Act as amended by this. Aot as if the principal Ast: as amended by this Act had been in force at all material times when such regulation was made; and

(b) any scrutiny fees for scrutiny of documents submitted to the appropriate autho- rity for permission for development , levied or levied and collected or purported to have beenlevied or levied and collected under any such regulation before the commence- ment of this Act shall be and shall be deemed always to have been validly levied or levied and collected; and

or any such regulation made or purported to have been made scrutiny fees levied or levied and collected or purported to have been levied or levied and collected under any such regulation shall not be called in question in any court or before any authority whatsoever merely on the ground that the making of such regulation or levy and collection of such scrutiny fees , by the appropriate authority, was not authorised under the principal Act and any such sorutiny fees levied before the commencement of this Act but not collected before such commence ment, may be collected in accordance with provisions of the principal Act as amended by this Act and regulations made thereunder .

STATEMENT OF OBJECTS AND REASONS

The levy and collection of scrutiny fees (formerly known as development fees ) by the Ahmedabad Urban Development Authority was declared as illegal in the judge- ment of the Supreme Court in Civil Appeal No. 10111 of 1983 (Ahmedabad Urban Development Authority vs Sharadkumar ) reported in AIR 1992 SC 2038 on the ground that the regulations under which they were levied were ultra vires the provisions of the Gujarat Town Planning and Urban Development Act , 1976. It is considered necessary to amend the said Act to confer power on an area development authority or urban development authority to make regulations for levy and collection of scrutiny fees and to levy and collect the same according to the regulations so made and to validate the aforesaid levy and collection of scrutiny fees by an area develop- ment authority or an urban development authority under the regulations made by them. Opportunity is also taken-

(1) to confer power on the area development authority or urban development authority to levy and collect fees for execution of certain works and provisions of services and amenities and to make regulations therefore ;

(2) to make provisions of section 9 applicable to cases where a local authority is designated as area development authority ; and .

(3) to amend section 26 with a view to prohibiting carrying out any development of a building or land without obtaining certificate from appropriate authorityto the effect that scrutiny fees have been paid .

This Bill seeks to amend the said Act to carry out the aforesaid objects .

NARHARI AMIN,

INDEX !

28-4 PART V] GUJARAT GOVERNMENT GAZETTE , EX; 17-12-94

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative powers in the following respect :-

Clauses 2; 4 and 7.- Clauses (c- i ) to (c- iv) proposed to be inserted in sub - section (2) of section 119 by this clause empower the appropriate authority to prescribe by regulations the fees to be levied and collected under clauses (vi - a) and (vii-a) of sub- section ( 1 ) of section 7 proposed to be inserted by clause 2 and fees to be levied and collected under clauses (v-a) and (vi- a) of the sub -section ( 1 ) of section 23 propose d to be inserted by clause 4 .

The delegation of legislative powers as proposed is necessary and is of a normal character .

NARHARI AMIN,

Dated the 16th December, 1994 .

By order and in the name of the Governor of Gujarat ,

KUM . , H. K. JHAVERI ,

Secretary to the Government of Gujarat . Legislative and Parliamentary Affairs Department .

Gandhinagar, dated 17th December , 1994 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO. G/GNR/2.

Extra No. 29

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV] SATURDAY, DECEMBER 17 , 1994/ AGRAHAYANA 26, 1916

Separate paging is given to this Part in order that it maybe filed as a separate compilation .

PART V

Bills introduced in the Gujarat Legislative Assembly ,

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . )

under the The following Bill is published with the consent of the Speaker given proviso to rule 127A of the Gujarat Legislative Assembly Rules.-

THE BOMBAY LAND REVENUE ( GUJARAT AMENDMENT) BILL , 1994 .

GUJARAT BILL NO . 29 OF 1994 .

A BILL

further to amend the Bombay Land Revenue Code , 1879 .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

1. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment ) Act, 1994 .

Short title anel commen cement .

(2) This section shall come into force at once and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint .

Bong. V of

1879.

2. In the Bombay Land Revenue Code, 1879 (hereinafter referred to as " the prin- cipal Act" ) , in Chapter XB, for the words " village accountant " wherever they occur, the words " competent authority" shall be substituted .

Amend- ment of Chapter XB of Bom . V of1879 .

3. In the principal Act, in Chapter XB , after the heading " OF THE AGRICUL- TURIST PASS BOOK" but before section 135M, the following new section shall be inserted, namely:--

Insertion of new section 135 LL inBom . V of 1879 .

29-1

V-Ex.29-1

INDEX

A 29-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX ; 17-12-1994

Applica- tion .

"135LL ( 1) This chapter shall apply to such taluka in a district as the State Government may, by notification in the Official Gazette, specify.

(2) This chapter shall cease to apply to such taluka in a district as the State Government may, by notification in the Official Gazette , specify .

(3) This chapter shall re- apply to such taluka in s district as the State Govern- ment may by notification in the Official Gazette , specify." .

4. In the principal Act , in section 135M,-

Amend ment of section 135M of Bom . V of 1879 .

(1) in sub -section ( 1 ), for the words " for which a village accountant is appointed" , the words, brackets and figures " in a taluka to which this Chapter is applied under sub - section (1 ) or re - applied under sub-section (3) of section 135LL and for which a competent authority is appointed" shall be substituted ;

(2) for sub -section (2) , the following shall be substituted,-

"(2) (a) The agriculturist pass book shall be supplied to the agriculturist holding land in a taluka to which this Chapter is applied under sub -section ( 1) or re - applied under sub - section (3) of section 135LL.

(b) The pass book shall be supplied under clause (a )-

( i) within such period from the date on which this Chapter is applied to the taluka as the State Government may, by notification in the Official Gazette, specify; and

(ii) on payment of such fees as may be prescribed by rules made under this Act .

5. In the principal Act , in section 135N, in the Explanation,---

(1) for the words , figures and letter " and section 1350" , the words, figures and letters " and sections 1350 and 135R " shall be substituted ;

Amend mont of section 135N of Bom..V of 1879.

(2) in clause ( iv) , after the figures, " 1970" , the words, brackets and figures "or the Banking Companies (Acquisition and Transfer of Undertakings ) Act , 1980" shall be inserted,

40 of 1980.

(3) after clause ( ix) , the following clauses shall be inserted , namely:-

Guj . 10 of1962.

"(ixa) a co - operative society registered under the Gujarat Co - operative Societies Act, 1961 :

(ixt) a panchayat constituted under the Gujarat Panchayats Act, 1993." .

Guj . 18 of1993.

6. In the principal Act , after section 135 0, the following new section shall be inserted, namely:-

Insertion of new section 135 00 in Bom . V of 1879 .

INDEX 29-3 GUJARAT GOVERNMENT GAZETTE , EX; 17-12-1994

PART VI

"135.00 (1 ) No document of transfer of any agricultural land by sale, purchase , gift, mortgage whether with or without possession, exchange, partition, lease, surren der or otherwise shall be registered by any registering authority in a taluka to which this Chapter is applied under sub-section (1) or re- applied under sub-section (3) of section 135 LL unless such document is accompanied by the agriculturist pass -book relating to such land.

(2) The registering authority shall after registering such document make necessary entries in the agriculturist pass -book of the agriculturist and thereafter return the pass-book to the agriculturist .

Document for re- gistration of trans- fer of agricul- tural land to accom- pany the agricul- turist pass-book .

(3) The registering authority shall make a report in writing of such registration to the competent authority."

7. La the principal Act, for section 135P, the following shall be substituted, namely:-

Substi- tution of section 135P in Bom . V of 1879 .

Agricul- turists pass- book to be kept up-to-date "135. Waar entries are transferred from the register of mutations to the record of rigats under section 135D , the competent authority shall call for the agriculturist pass -book from the concerned agriculturist and thereupon the agricul- turist shall produce the agriculturist pass -book before the competent authority within such period as may be prescribed by rules made under this Act and on such production of the pass -book the competent authority shall make entries therein , correspondingto those in the record of rights ." .

8. In the principal Act , for section 135R including the Explanation thereunder, the following shall be substituted, namely:-

Substi- tution of section 135R in Bom . V of1879

" 135R. A certified copy of any entry not being an entry made by a bank or registering authority in-

(a) the duplicate agriculturist pass -book maintained by the competent authority,

Mode of proofof entries in agricul- turist pass-book.

(b) the agticulturist pass-book of the agriculturist ,

shall inall legal proceedings be received as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts there in recorded to the same extent as the original entry itself in the record of rights but not further or otherwise ." .

9. In the principal Act, in Chapter XB, after section 135R, as so substituted, the following sections and Explanation shall be added, namely:-

Addition of new sections and Ex- planation

in Chapter XB of Bom. V of1879 .

INDEX [PART V

GUJARAT GOVERNMENT GAZETTE , EX; 17-12-1994 .

29-4

"1355. Any agriculturist who contravenes the provision of section 135P shall be punished with fine which may extend to two hundred rupees .

;

Punish- ment for contra ven- zion of section 135P .

135T. Any person who unauthorisedly makes , alters or deletes any entry in the pass-book or furnishes false information to the competent authority in relation to the pass -book shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousarà rupees or. with both .

Explanation. -For the purposes of this Chapter.-

(i) the expression 'agriculturist ' means lard holder who holds hrd for the pur- pose of agriculture ;

Punish- ment for unauthori- sed alter- ation in pass- book or furnish- ing false infor- mation .

(ii) the expression 'competent authority' means such revenue officer as the State Government may, by notification in the Official Gazette, appoint ;

XVI of 1908.

( iii) the expression 'registering authority' means the registering officer appointed under the Registration Act, 1908 .

10. In the principial Act , in section 214 , in sub - section (2) , after clause (u ), the following clause shall be added, namely:---

"(v) regulating the. supply of agriculturist pass -book. ".

Amend- ment of section 214 of Bom. V. of 1879 ,

INDEX 29-5 GUJARAT GOVERNMENT GAZETTE , EX ,, 17-12-1994

PART V

STATEMENT OF OBJECTS AND REASONS

This Bill sooks to amend Chapter XB of the Bombay Land Revenue Code , 1879 relating to the agriculturist pass -book with a view to

(1) providing for application of the Chapter gradually in the State , taluka wise .

(2) providing for supply of pass -books to the agriculturists in a taluka within prescribed period from the date of application of the Chapterto a taluka .

(3) providing for making necessary entries in agriculturist pass- book by the officer registering document of any transfer of land.

(4) providing evidenciary value to the entries made by the competent authority in the agriculturist pass -book;

(5) making unauthorised alteration in the pass - book and giving false informa- tion to competent authority as offences and prescribing penalties therefor .

(6) to replacing the village accountant which is the implementing officer by the competent authority.

DALSUKHBHAI GODHANI .

V-Ex. -29-2

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GUJARAT GOVERNMENT GAZETTE , EX; 17-12-1994

[PART V

FINANCIAL MEMORANDUM

Now sub -section (2) of section 135M sought to be substituted by sub -clause ( 2) of clause 4 of the Bill provides for supply of agriculturist pass-book to an agriculturist holding agricultural land in a taluka to which Chapter XB is made applicable, on payment of such feos as may be prescribed by rulos . It is intended to apply the provisions of chapter XB gradually in the State , taluka -wise . Initially it is intended to apply the provisions of Chapter XB to only three different talukas in the State . The pro- visions of the said sub -section (2) if onacted and brought into force initially in three différent talukas would involve as estimated exponditure of one crore rupees from the Consolidatod Fund of the State . The said exponditure would be of a non -recurring nature . The oxpenditure incurred for supplying the pass -books would be partially recovered from foos paid for supply of the agriculturists pass -books .

DALSUKHBHAI GODHANI ,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative powers in the following respects :-

Clause 1.- Sub- clause (2) of this clause empowers the State Government to appoint, by notification in the Official Gazette, the date on which the remaining provisions of the Act shall come into force .

Clause 3 .--Sub - sections (1) , (2) and (3) of new section 135LL sought to be inserted by this clauso empowers the State Government to apply or to discontinue application or to re -apply by notification in the Official Gazette , Chapter XB to or in such taluka of a district as may bo specified in such notification .

Clause 4.--( i ) Clause (b) of sub- section ( 2) proposed to be substituted by sub- clause (2) of this clause empowers the State Government to specify by notification in the Official Gazette, the period from the date of application of Chapter XB within which an agriculturist pass -book shallbe suppliedto the agriculturist .

(ii) Sub -clause (ii) of clause (b ) of the said sub-section ( 2) empowers the State Government to prescribe by rules the fees to be paid by the agriculturist for the pass -book supplied to him.

Clause 7.--Section 135P sought to be substituted by this clause empowers the State Governmentto prescribe by rules the period within which the agriculturist shall produce the agriculturist pass -book before the competent authority .

Clause 9.--Clauso ( ii) of the Explanation sought to be insorted by this clause om- powers the State Government to appoint , by notification in the Official Gazette , a rove- nue officer to be a competent authority.

Clause 10.-Clause ( v) sought to be added in sub - section (2) of section 214 by this clauso empowers the State Government to regulate by rules the supply of agriculturist pass-book.

The delegation of legislative powers as proposed is nocossary and is of a normal character .

Dated the 16th December ; 1991 ,

DALSUKHBHAI GODHANI ,

By order and in the name of the Governor of Gujarat,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat ,

Legislative and Parliamentary Affairs Department , Gandhinagar, dated 17th December, 1994.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No. 30

REGISTERED NO . G/GNR/ 2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV] SATURDAY , DECEMBER 17, 1994 /AGRAHAYANA 26, 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bil Introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to le publika 1110 ( Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under tie proviso to rule 127A of the Gujarat Legislative Assembly Rules :--

THE GUJARAT BASIC EDUCATION BOARD BILL, 1994 .

GUJARAT BILL NO . 30 OF 1994 .

A BILL

to provide for establishment of a Board for promoting and regulating basic educational . institutions in the State of Gujarat and for matters connected therewith or incidental thereto .

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

CHAPTER I

PRELIMINARY .

오

1. ( 1) This Act may be called the Gujarat Basic Education Board Act , 1994 .

(2) It extends to the whole of the State of Gujarat .

Short title, extent and commence- mont .

(3) This section shall come into force at once ; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notifica- tion in the Official Gazette , appoint .

2. In this Act , unless the context otherwise requires, --

Defini- tions .

(a) " basic education" means education imparted through productive work;

(6) "basic educational institutions " means institutions impartingto students residing in such institutions

(i) basic education from first standard to seventh standard known as residen- tial Ashram schools ; or

30-1

V- Ex- 30-1

INDEX [PART V 30-2

GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

Guj . 18 of

1978 (ii) post basic education from eight standard to the standard determined by the State Government under clause (u ) of section 2 of the Gujarat Secondary Educa- tion Act, 1972 ; ог

Guj . 18 1973 .

( iii) highor post basic education from the standard next to that determined by the State Government under clause ( u) of section 2 of the Gujarat Secondary Education Act , 1972 to twelth standard ; or

(iv ) higher rural education from thirteenth standard to fifteenth standard ; or

(v) pre-primary teachers training or primary teachers training; or

Guj . 18 of 1973.

(vi) graduatobasic training College registered under the Gujarat Secondary Edu- cation Act , 1972 , or as the case may be , recognised by the State Government;

(o) "Board" means the Gujarat Basic Education Board established under section 3 ;

(d) " bye -laws " means bye-laws made by the Board under section 40 ;

(e) " Chairman" means the Chairman of the Board ;

(f) "committee" means a committee appointed under section 18 ;

(g) "Deputy Chairman " means the Deputy Chairman of the Board ;

(h) " head master " means the head of the teaching and non-teaching staff of any school imparting basic education by whatever style designated;

(6) "hostel" means a unit of residence of students maintained by any basic edu- cational institution ;

(j) "manager" in relation to any post basic institution means person or a body of persons in charge of the control or management of the institution ;

(76) "non-teaching staff" means such staff of a school imparting basic education as is appointed to perform any duty or function other than that of teaching ;

(1) "post basic school" means a school imparting post basic education and registe- red under the Gujarat Secondary Education Act , 1972,

Guj . 18 of 1973,

(m) "prescribed" means prescribed by regulations made under this Act ;

Guj . 18 of (n) "Secondary Education Act" means the Gujarat Secondary Education Act , 1972 ;

1973. (o) " teacher" means a teacher of any school imparting basic education but does not include a head master .

CHAPTER II

CONSTITUTION, INCORPORATION AND POWERS OF BOARD .

3. ( 1) With effect on and from such date as the State Government may, by notification in the Official Gazette , specify in this behalf, there shall be established for the purpose of this Act a Board to be called the Gujarat Basic Education Board .

(2) The Board shall be a body corporate and have perpetual succession and common seal and may by the said une sue or be sued and shall be competent to acquire, hold and dispose of property, both moveable and immoveable, and to cont- ract and to do all things necessary for the purposes of this Act .

Establish ment, incor- poration and constitu tion of Board .

(3) The Board shall consist of a Chairman, a Deputy Chairman and following members , appointed by the State Government, namely:-

(i) One mem er from amongst the principals of basic educational institutions imparting hig er rural education from thirteenth standard to fifteenth standard;

INDEX 30-8 PART V

GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1994

(ii) one member from amongst the principals of graduate basic training colleges;

(iii) one member from amongst the principals of pre-primary and primary teachers training colleges ;

(iv) three members from amongst the headmasters ;

(v) one member from amongst the teachers of basic educational institutions imparting higher rural education from thirteenth standard to fifteenth standard;

(vi) one member from the teachers of pre-primary and primary teachers training colleges ;

(vii) two members from amongst the teachers ;

(viii ) two members from amongst representatives of management of basic edu- cational institutions ;

(ix) president of the Gujarat Nai Talim Sangh and two members from amongst members of its Executive Committee .

(x) two members from amongst persons engaged in the promotion of basic education .

(xi ) two members from amongst eminent educationalists ;

(xii) The Commissioner of Higher Education, Gandhinagar .

(xiii) The Director of Technical Education , Gandhinagar .

( xiv) The Director of Primary Education, Gandhinagar.

(xv) The Chairman , Gujarat Secondary Education Board , Gandhinagar .

(avi) The Director, Gujarat State Board of School Text Books , Gandhinagar .

(xvii ) The Director of Gujarat Council of Education Research and Training Ahmedabad.

(xviii) The Chairman, Higher Secondary Education Board .

( xix) The Chairman , Gujarat State Examination Board ;

(xx) One officer ofthe Government of Gujarat in the Education Department not below the rank of the Deputy Secretary;

(axi) one officer of the Government of Gujarat in the Finance Department not below the rank of Deputy Secretary;

Head- 4. The head quarter of the Board shall be at such place as may be determined by the State Government .

quarter of

Board.

office 5. (1) The Chairman and the Deputy Chairman shall be appointed for such period not exceeding four years from the date of their appointment as the State Government may in each case determine .

condition

Torm of and ofservice of (2) The State Government may from time to time extend the term of offico of the Chairman or Deputy Chairman so however that the total period for which the Chairman or the Deputy Chairman may hold office shall not exceed eight years . Chairman

mont. (3) The Chairman and the "Deputy Chairman shall not be oligible for re -appoint- Deputy and Chairman

of Board.

(4) The salaries or, as the case may be , honoraria , allowances and other condi- tions of service of the Chairman, and the Deputy Chairman shall be such as maybe determined by the State Government .

INDEX 30-4

GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

[PART V

(5) Notwithstanding anything contained in sub - sections (1) and (2), the State Government may , after giving him a reasonable opportunity of being heard, terminate the appointment of the Chairman or the Deputy Chairman at any time before the expiry of the period of appointment determined or extended under the said sub- sections and shall terminate his appointment if he becomes subject to any of the disqualifica- tions specified in clause (a) or (c ) of section 8 .

6. The members of the Board shall hold office for a term of three years from the date on which their names are published in the Official Gazette .

Term of office of members of Board .

7. When a temporary vacancy in the office of the Chairman or Deputy Chairman occurs , by reason of leave or illness of the incumbent of that office or due to any other cause; the State Government may appoint another person to be the Chairman or as the case may be, the Deputy Chairman during the period of such vacancy om such salary, or as the case may be, honorarium , allowances and other conditions of service as may be determined by the State Government .

Temporary vacancy of Chairman and Deputy Chairman.

8. A person shall be disqualified for being appointed or for continuing as Chair- man, Deputy Chairman or a member of the Board or of any Committee appointed urder this Act,

(a) if he directly or indirectly or his partner-

Dis- qualifi- cation of Chairman, Deputy Ghairman and members of Board .

(i) has orhad any share or interest in any guide book published in connection with any text book prescribed for the Secondary School Certificate Examination or any other examination as may be determined by the Gujarat Secondary Educ- cation Board or entrusted to that Board by the State Government ; or for any examination in basic educational institution ; or

(ii) has any share or interest in any work done by order of or in any con- tract entered into by or on behalf of the Board :

Provided that a person who had any share or interest in any guide book refe- rred to in sub - clause ( i) shall not be deemed to have incurred the disqualification under that sub - clause , if five years have elapsed from the date of publication of such guide book ;

(b) if he is a person against whom an order of removal from office has been made under sub -section (1) of section 14 and five years have not elapsed from the.. date of the order of his removal from office ;

(i) has been adjudged by a Court of law to be of unscurd wird ;

(ii) is an undischarged insolvent ;

(iii) has been convicted by a court of law for an offence involving moral turpitude .

9. If a member of the Board or any Committee becomes subject to any of the disqualifications mentioned in section 8, his office shall thereupon become vacant.

Vacancy of member owing to dis- qualifi- cation.

INDEX PART VI

GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

30-5

10. If a member of the Board remains absent without the permission of the Chair- man from any three consecutive meetings thereof, his office shall thereupon become vacant . of

Vacancy momber owing to absence without permis- sion .

11. If any question arises as to whether the office of any member has become vacant under section 9 or 10, the question shall be referred for the decision of the on State vecanat, and the State Government shall, after giving reasonable oppor- tunity to be hard to the member, decide the question and its decision shall be final . as to Decision question vacancy:

12. Any vacancy under section 9 or 10 shall be notified by the Board in the Official Gazette.

Vacancy to be notified .

13. A member of the Board not being an official member may resign his office at jany time by tendering his resignation in writingto the Chairman of the Board .

Resig- nation of member .

Removal of member .

14. (1) The State Government may, on its own motion or , on the recommendation of the Board and after making such inquiry, if any as it may think fit to make , by an order in writing remove any member of the Board from office , if such member bas been guilty of any such misconduct as in the opinion of the State Government, ron- ders him unfit to be continued as a member:

Provided that, no such recommendation shall be made by the Board and no removal of the member shall be made by the State Government unless the member to whom it relates has been given reasonable opportunity of showing cause why such recommen- dation should not be made , or as the case may be , why he should not be removed .

(2) The name of any momber who has been removed from office under sub - sec- tion (1) shall be published by the Board in the Official Gazette .

15. (1) The Board shall meet not less than three times in every year and ordina- rily four months shall not intervene between any two successive meetings .

Mectings of Beard .

(2) The Chairman may, at any time, and shall , upon the written request of not less than one -third of the total number of members of the Board, call a special mee- ting of the Board, on a date not later than twenty- one days after the receipt of such request by the Chairman .

16. (1) The Board may associate with itself in such nanner and for such purposes, Tem- asmay be provided by regulations any person whose assistance or advice it may desire in performing any of its duties under this Act .

(2) Any person associated with it by the Board under sub-section ( 1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board .

porary associa- tion of persons with. Board for parti- cular purposes.

V-Ex- 30-2

INDEX 30-6

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

17. Subject to the provisions of this Act, the powers and duties of the Board shall be as follows , namely:-

Powers and.. duties of Board .

(1) to advise to the State Government on a reference made to it or on its own motion on unatters of policy relating to education in basic educational institutions in general , and on the following matters in particular, namely:-

(a) evolution of suitable pattern of basic education to beimparted by basicedu- cational institutions ; (hereinafter in this section referred to as " the institutions" ) ;

(6) prescription and maintenance of educational standards for such patterns of basic education,

(d) matters pertaining to planning , programme and organisation of basic edu- cation;

(2) to recommend to the State Government the curricula and detailed syllabi relating to basic education in the institutions and to approve and recommend to the State Government text books for use in such institutions ;

(3) to prescribe measures for, promotion of , physical , moral and social welfare of, and for or inclucution of spirit of discipline among students in such institutions and to prescribe standards for , and conditions of, residence to be provided in hostels ;

(4) to guide and help the institutions in their search for talent and their endea- vour to lead them to peaks of excellence;

(5) to permit and encourage institutions to carry out useful educational experi- ments and research in basic education and to prescribe the conditions subject to which such experiments and research shall be carried out ;

(6) to recommend an institution for being registered under the Secondary Educa- tion Act or , as the case may be , recognised by the State Government;

(7) to recommend removal of the name of a registered institution from theregister under the Secondary Education Act or the derecognition of a recognised institution ;

(8) to recommend to the State Government a cut in maintenance grant , if, after giving a reasonable opportunity of being heard to the management of the institu- tion, the Board is of opinion that the institution is conducted in a manner pre- judicial to the intorests of basic education or has failed to carry out any instructions issued by the Board to ensure maintenance of academic standards in basic educa tion;

(9) to conduct statistical and other research for the purpose of evolution and re- form in the carricula , instruction and examination in relation to the institutions and to guide the institutions in conducting such research;

(10) to lay down standards for testing students, for conducting examinations and for promotion of students from one standard to the next higher standard in insti- tutious imparting basic education from first standard to seventh standard and higher rural education from thirteenths tandard to fifteen standard and institutions imparting graduate basic training (hereinafter referred to as the specified institutions ) ;

(11) to prescribe the standards including qualifications for appointment of the staff of the specified institutions and the standard requirements in respect of buil- ding, laboratory, library, agricultural farm, animal husbandary shed, craft workshop, furniture, equipment , stationary and other articles for conducting such specified institutions; and in respect of agricultural farm . animal husbandary sbed and craft workshop for conducting institutions imparting post basic and higher post basic education;

INDEX 30-7 GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1991

PART VI

(12) to recommend the institutions supplementary reading books and library books ;

(13) to lay down conditions for admission of students in specified institutions ;

(14) to prescribe the number of students to be admitted in a division of any standard in the specified institutions ;

(15) to lay down conditions for migration of students from one recognised. institution to another recognised institution ;

(16) to regulate the arrangements of terms , holidays and vacations in specified institutions ;

(17) to regulate the method of preparing and keeping registers and other re- cords in respect of academic matters, by the institutions ;

(18) to cause academic inspection of the institutions by a person authorised by it and tore musates to easure that proper standands of basic educationare maintained therein and that adequate provisions are made for library, laboratory , boarding and lodging facilities and health services ;

(19) to call for any report and information from any institution ;

(20) to lay down qualifications, methods of selection and conditions of appoint- ment , promotion and termination of employment and rules for conduct and disci- pline of the principal or , as the case may be , the headmaster and the teaching and non-teaching staff, of the specified institutions ;

(21) to institute and award scholarships, stipends, medals , prizes and other rewards and to prescribe conditions thereof;

(22) to administer its fund ;

(23). to receive grants , bequests , donations, endowments , trusts and other tran- sfers of any property or interest therein or right thereto ;

(24) to hold any property, interest or right referred to in clause ( 23 ) and to manage and deal with the same;

(25) to consider and approve the annual reports and to prepare financial esti- mates and to forward the same to the State Government for its sanction ;

(26) to make regulations for carrying out the purposes of this Act ;

(27) to make bye -laws relatingto matters such as procedure to be followed by the Board and committees , travelling allowances to be drawn by members of the Borland committees and any other matter solely concerning thethe Board and its connittees that are not provided for by this Act and the regulations made there- under ;

(28) to exercise such other powers and to perform such other duties as may be conferred or imposed upon it by or under this Act ;

(29) to 1) all other such acts and things as may be necessary to carry out the purposes of this Act .

Commit- tees.

18. (1) Fortheperformance of its functions the Board shall appoint from amongst its menors an Executive Committee and may appoint such other committees as it thinks necessary and it shall be lawful for the Board to appoint a person who is not a member of the Board as a member of any such committees :

Provided that nothing in this sub -section shall be deemed to preclude the Chair- man or the Deputy Chairman from being named by the Board as a member of any such committee :

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

30-8

Provided further that where the Chairman or the Deputy Chairman is named as member of any committee, the Chairman or, as the case may be , the Deputy Chainian shall be the Chairman of such committee .

(2) Subject to the provisions contained in sub-section (7 ) , the corstitution of every committee appointed by the Board under sub -section (1 ), the term of effice of its mem- bers and the functions of the Board to be performed by it shall be such as nay be prescribed.

Explanation. For the purpose of this section the Chairman and the Deputy Chair- man of the Board shall be deemed to be its members .

19. (1 ) The Chairman shall, when present, preside at the meetings of the Beard and in his absence the Deputy Chairman shall preside at such meeting :

Powers of Chairman and Deputy Chairman,

Provided that if at any meeting of the Board the Chairman and the Deputy Chair- man are both absent , the members present shall elect a member from amongst themselves to preside at that meeting.

(2) It shall be the duty of the Chairman to ensure that the provisions of this Act and the regulations and by- laws made thereunder are faithfully observed and he shall have all powers necessary for this purpose .

(3) In an emergency which , in the opinion of the Chairman, requires that immediate action should be taken, the Chairman shall take such action as he doems recessary and shall, thereafter , report his action to the Bcard at its LCX1 meetirg .

(4) The Chairman shall have power to convene meetings of the Board as provi- ded for in section 15 and stating the business to be brought before the meeting.

(5) The Chairman shall exercise such other powers and perform such otherduties. as may be prescribed .

(6) The Deputy Chairman 'shall perform such duties and functions as may be prescribed or as may be assigned to him by the Chairman from time to time.

(7) Subject to the provisions of section 7, the Deputy Chairman shall in the ab- sence of the Chairman act as Chairman and shall , while so acting , excrcise all powers , and perform all duties and functions of the Chairman .

(8) The Chairman and the Deputy Chairman shall be entitled to take part in all proceedings of the Board and of any committee thereof of which they may be named as Imembers, including the exercise of right to vote, but, save as otherwise provided they shall not be deemed to be the members of the Board .

20. (1) The Board shall have a Secretary [ who shall be appointed by the State, Government.

(2) The Secretary shall , subject to the control of the Chairman , be the Exccutive. Officer of the Board , and all other officers and servants for the time being serving under . the Board shall be subordinate to him .

nay be prescribed . (3) [He shall exercise such powers as may

(4) He shall be entitled to be present at the meetings of the Bcard and its, committees but shall not be entitled to vote.

Appoint- ment, powers and duties of Secretary, Joint and Assistant Secretaries ofthe Board.

INDEX 30-9 GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1991

PART V

(5) The State Government may appoint ono or more Joint Secretaries or Assi stant Secretaries for the Board , as the State Government may, baving regard to the requirements of the Board, think fit to appoint .

(6) A Joint Secretary or an Assistant Secretary shall exercise such powers and perform such duties of the Secretary as are respectively assigned to bimby the Secretary under the general or special orders of the Chairman .

21. The State Government may appoint such other officers and servants as may be required to enable the Board to discharge its functions under this Act :

Other . officers and ser- vants of the Board.

Provided that the State Government may by order delegate to the Chairman or to the Secretary, the powers of appointing such classes of servants as may be specified in the order.

22. The Chairman , Deputy Chairman, Secretary, Joint and Assistant Secretaries and other officers and servants appointed under this Act shall be the servants of the State Government , and they shall draw their salaries or , as the case may be , honoraia and allowances from the Consolidated Fund of the State . The salaries and allowances and other conditions of service of these officers other than the Chairman and Deputy Chairman shall be such as may be determined by the State Government .

Salaries and allowances and other conditions of service of Secre- tary, Joint and Assistant Secretarios and of officers and servants ofBoard.

CHAPTER III

FINANCE , ACCOUNTS AND AUDIT.

23. (1) The Board shall have its own Fund and the following moneys shall be credited thereto :-

Board's Fund, its cus tody and investment.

(a) grants, assignmonts , contributions and loans, if any, given to it by the State Government ;

(b) bequests , donations and endowments or other contributions , if any, given to it;

(d) all rents and profits from the property vested in it ;

(e) other moneys received by it or on behalf of it .

(2) The Fund shall be kept in any Scheduled Bank as defined in the Resorve Bank of India Act, 1934, in the Postal Savings Bank or in a Co - operative Bank approved by the State Government under section 35 of the Bombay Public Trusts Act , 1950 orat the discretion of the Board be invested in public securities authorised by the Indian Trusts Act , 1882 .

II of 1934, Bom. XXIX of 1950. II of 1882.

V-Ex. -30-3

INDEX 30-10

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

24. The Board shall pay every year out of its own Fund to the State Govern- mont such amount as the State Government may determine on account of the salary or honorarium, pousion , leave and other allowances of the Chairman, Deputy Chair- man, Secretary, Joint Secretaries and Assistant Secretaries and other officers and staff of the Board .

Board to pay from the fund on account of salary, pension, etc.

Grants to Board.

25. The Stato Government may, after due appropriation made by the State Legislature by law in this behalf , make such grants to the Board as the State Government may doom necessary for enabling the Board to discharge its functions under this Act .

26. (1) The Board may, subject to such conditions as may be prescribed in this, behalf, borrow money from the open markot or otherwise with a viewto providing itself with adequate resources .

Power of Board to borrow.

(2) All moneys borrowed under sub -section (1 ) may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed .

(3) The Board may also accept deposits from institutions or general public for thepurpose of providing itself with adequate resources .

Applica- tion of Fund.

27. Subject to the provisions of this Act , the Fund of the Board shall be applied only towards the payment of charges and expenses incidental to the matters specified in this Act and for any other purposo for which by or under this Act , powers are conferred or duties are imposed , upon the Board .

28. No moneys shall be withdrawn by the Board from a Bank except upon a cheque or letter of credit signed by two officers of the Board duly authorised by it in this behalf.

How the fund shall be drawn against .

Propara- tion of annual budget astimatos .

29. The Board shall prepare before such date and in such manner as may be pre- scribed , the budget estimates of the income and expenditure of the Board for the next financial year and submit them to the State Government three months before the com- mencoment of the financial year. The State Government may pass such orders with reference to the budget estimates of the Board as it thinks fit , and communicate the same to the Board, within a period of three months from the date they are submitted to it and the Board shall give effect to such orders .

30. (1) The accounts of the Board shall be prepared and maintained in such form and manner as may be prescribed .

Annual accounts and audit .

L (2) The Board shall cause to be propared for each financial year an annual state- ment of accounts in such form as may be prescribed .

1 of 1956 .

(3) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act , 1956.

(4) The said auditor shall be appointed by the State Government in consultation with the Comptroller and Auditor General of India .

(5) Every auditor appointed to audit the accounts of the Board under this Act shall have a right to demand the production of books of accounts , connected vouchers and other documents and papers , to inspect the offices of the Board and to require such information from the Board as he may think necessary for performance of his duty as an auditor .

INDEX 30-11 GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1994

PART VI

(6) The auditor shall send a copy of his report together with an audited copy of accounts to the Board which shall as soon as may be after the receipt of the audit report forward the same to the State Government.

(7) The State Goverament shall , as soon as may be, after the receipt of the audit report under sub -section (6), cause the same to be laid before the State Legislature .

CHAPTER IV

MISCELLANEOUS

Casual vacancies .

31. All casual vacancies among the members of the Board or of any Committee shall be filled, as soon as may be, by appointment and the person appointed in the casual vacancy shall hold office so long only as the member in whose place he is appointed would have held it, if the vacancy had not occurred.

32. Subject to the provision's contained in this Act , no act or proceeding of the Board or of any Committee shall be invalid merely by reason of any vacancy in or any defect in the chastitution of, the Board or , as the case may be, the Committee .

Acts and procee- dingsnot to be in- valid by reasons of vacancies ordefects in consti- tutions .

33. The Board shall furnish to the State Government such reports , returns , and statements as may be required by the State Government and such further information relating to any matter connected with its work as the State Government may call for .

Informa- tion, returns , etc. to be furnished byBoard .

34. (1 ) The State Government shall have the power , after considering the views , if any, tendered by the Board, to issue to the Board such directions as it may consider necessary in regard to all or any of the matters specified in section 17, and the Board shall comply with such directions .

Powors of State Govern- ment to issue direc- tions.

(2) The State Government shall also have the right to address the Board with re- ference to anything the Board has conducted or done, or is conducting or doing, or intends to conduct or do and to communicate to the Board its views in the matter .

(3) The Board shall report to the State Government such action, if any, as it pro- poses to take or has taken upon the communication, and shall furnish an explanation if it fails to take action .

(4) If the Board does not within a reasonable time take action to the satisfaction of the State Government , the State Government may, after considering any explanation furnished or representation made by the Board , issue such directions consistent with.. this Act , as it may think fit , and the Board shall comply with such directions .

(5) In any emergency which, in the opinion of the State Government , requires that immediate action be taken, the State Government may take such action consistent with this Act as it deems necessary, without previous consultation with the Board and shall forthwith inform it of the action taken .

(6) The State Government may by order in writing specifying the reasons thereof suspend the execution of any resolution or order of the Board and prohibit the doing of the action ordered to be of purporting to be ordered to be done by the Board, if it is of the opinion that such resolution , order or act is in excess of the powers con. ferred upon the Board by or under this.Act .

INDEX 30-12

[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1994

XLV of 1860 .

35. The Chairman, Deputy Chairman, members of the Board and all officers and servants referred to in sections 20 and 21 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code .

Chairman, Deputy Chairman, etc, to be public servants .

Indemnity for act done in good faith .

36. No suit , prosecution or other legal proceeding shall lie against the Chairman, Deputy Chairman or a member of the Board or against any officer or servant referred to in section 20 or 21 or against any other person in respect of anything in good faith done or intended to be done by him in the exercise of his powers or in discharge of his duties under this Act .

१

$ Dissolu tion or superse- ssion of the Board in cortain circums- tances .

37. (1) If in the opinion of the State Government , the Board is not competent to perform or is not properly performing, or deliberately makes default in perfoming, the duties imposed on it by or under this Act or the regulations made thereunder or other wise by law or exceeds or abuses its powers or is acting or has acted contrary to the provisions of this Act or the regulations made thereunder, or fails to obey any direc- tion issued so it under section 34 , the State Government may after giving the Board an opportunity to render an explanation, by an order published , with the reasons therefor, in the Official Gazette . dissolve the BosBoard or supersede it for such period not exceeding three years as may be specified in the order; and such period may extend beyond the term for which the members of the Board would have held office under section 6 , if the Board had not been superseded under this section .

(2) When the Board is dissolved or superseded , the following consequences shall ensue :-

(a) all members of the Board shall , in the case of supersession , as from the date of the order of supersession , and in the case of dissolution as from the date specified in the order of dissolution , vacate their offices as such members ;

(b) all powers , duties and functions ofthe Board and of its Committees shall , during the period ofdissolution or supersession, be exercisedand performed by such person or persons as the State Government may, from time to time, appoint in that behalf;

(c) all property vested in the Board shall during the period of dissolution or superse- ssion vest in the State Government .

(3) After the dissolution of the Board , the Board shall be re -established and reconsti- tuted in the manner provided in this Act on or before such date as may be specified by the State Government in the order of dissolution under sub-section (1) .

(4) Where the Board is superseded , it shall be re -established and reconstituted in the manner provided in this Act on the expiration of the period of supersession .

38. (1 ) The Board may make regulations for the purpose of carrying into effect the provisions of this Act;

Power of Board to make regula- tions .

(2) In particular and without prejudice to the generality of the foregoing power such regulations may provide for all or any of the matters, namely:-

(a) the manner in which and purposes for which the Board may associato with itself any person under sub-section ( 1) of section 16;

(b) the educational standards for patterns of basic education under sub - clause (6) of clause (1 ) of section 17;

(d) the standards for matters referred to in clause ( 11 ) of section 17;

(e) the number of students to be admitted in a division of any standard in the specified institutions under clause (14) of section 17;

INDEX 30-13 GUJARAT GOVERNMENT GAZETTE , EX. , 17-12-1994

PART VI

(f) the constitution of Committee, the term of office of its members and functions of the Board to be performed by such Committee , urder sub - section (2) of section 18;

(g) other powers to be exercised and other duties to be performed by the Chairman and duties and functions to be performed by the Deputy Chairman under sub- sections (5) and (6) of section 19;

(h) the powers to be exercised by the Secretary as Executive Officer of the Board, under sub- section (3 ) of section 20;

(2) the conditions subjectto which the Board may borrow money in the open market or otherwise under sub- section (1 ) of section 26;

(j) the date before which and the manner in which the Board shall frame the budget estimates, under section 29;

(k) the form and manner in which the accounts of the Board shall be prepared and maintained under sub -section (1 ) of section 30;

(1 ) the form in which , the Board shall cause to be prepared for each financial year an annual statement of accounts , under sub- section (2 ) of section 30; گری

(m) any other matter which is to be or may be prescribed under this Act .

First regula- tions.

39. Notwithstanding anything contained in section 38 the first regulations shall be made by the State Government and they shall continue to be in force untill new regulations are duly made and sanctioned under that section .

40. The Board may make bye - laws consistent with this Act and the regulations made thereunder to provide for all or any of the following matters, namely: --

Board to make bye-laws.

(a) the procedure to be followed at the meetings of the Board and the Committees appointed by it and the number of members required to form a quorum at such meetings;

(b) the travelling and daily allowances which may be drawn by members of the Board or any committeo .

(c) any other matter solely concerning the Board and its Committees not provi . ded for by this Act or the regulations made thereunder .

Intorpre tation in caso of doubts .

41. If any question arises regarding the interpretation of any provision of this Act or any regulation or by- law made thereunder , the matter may be referred for decision to the State Government and shall be so referred to the State Government, if not less than one-half members of the Board so requires . The decision of the State Govern- ment shall be final .

42. If any difficulty arises in giving effectto the provisions of this Act, the Stave Government may, by general or special order published in the Official Gazette make such provision not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

Powor to remov difficul- ties.

V-Ex-30-4

INDEX [PART V 30-14 GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1994

STATEMENT OF OBJECTS AND REASONS

The State Government has by its resolution in the Education Department dated the 8th October, 1990 set up the Gujarat Buniadi Education Board to advise the Govern- iment in matters relating to basic educational institutions in the State . It is consi- dered necessary to replace the non statutory Board by a statutory Board and entrust the statutory Board the function of promoting and regulating the basic educaticrelinsti- tutions in the State so as to bring about the concept of Mahatma Gandhi , of buriadi educational system in the State . The Bill seeks to carry out the aforesaid objects .

The following notes on clauses explain the important provisions of the Bill;

Clause 1. This clause relates to short title , extent and commencement .

Clause 2. This clause provides for definitions of words and expressions appearing in the Bill.

Clause 3.This clause provides for establishment , incorporation and constitution of Gujarat Basic Education Board.

Clause 5. This clause provides for term of office and conditions of sevice of Chair- man and Deputy Chairman of the Board .

Clause 6. This clause provides for term of office of the members of the Board .

Clause 8. This clause provides for disqualifications of Chairman and Deputy Chair- man and members of the Board .

Clause 13. This clause provides for resignation of a member .

Clause 14. This clause provides for removal of a member .

Clause 15. This clause - provides for meetings of the Board .

Clause 16. This clause provides for temporary association of persons with the Board for particular purposes . !

Clause 17. This clause provides for powers and duties of the Board .

Clause 18. This clause provides for committes of the Board .

Clause 19. This clause, provides for powers of Chairman and Deputy Chairman .

Clause 20. This clause provides for appointment, powers and duties of Secretary, Joint and Assistant Secretary of the Board.

Clause 21. This clause provides for appointment of other officers and servants of the Board.

Clause 22. This clause provides for salaries and allowances and other conditions of service of Secretary, Joint and Assistant Secretaries and other officers and servants of the Board.

Clause 23. This clause provides for Board's fund, its custody and investment .

Clause 25. This clause provides for grantsto Board.

lause 26. This clause provides for power of Board to borrow.

Clause 27. This clause provides for application of Fund of Board .

INDEX !

30-15 GUJARAT GOVERNMENT GAZETTE, EX;, 17-12-1994

PART V]

Clause 29. This clause provides for preparation of annual budget estimates .

Clause 30-This clause provides for annual accounts ard audit.

Clause 34. This clause empowers the State Government to issue directions to the Board in regard to matters specified in clause 17.

Clause 37. This clause provides for dissolution or supersession of the Board in certain circumstances .

Clause 38. This clause empowers the Boardto make regulations generally for the purpose of carrying into effect the provisions of the Act and particularly in respect of matters specified thorein.

Clause 39- This clause empowers the State Government to make first regulations .

Clause 40. This clause empowers the Board to make bye- laws .

Clause 42. This olause empowers the State Government to remove any difficulty which may arise in giving effect to the provisions of the Act .

NARHARI AMIN .

FINANCIAL MEMORANDUM

Clause 25 of the Bill provides for payment of grants to the Board by the State Government for enabling it to discharge its functions. This provision, if enacted and brought into operation , would involve an estimated annual recurring expenditure of rupees six lakhs from the Consolidated Fund of the State towards the grants to be paid to the Board .

The present staff of the Gujarat Basic Education Board and some of the officers and staff working in the offices under the administrative control of the Education Department would be placed at the disposal of the Board . Hence , at present , no additional expenditure would be incurred on account of the officers and staff for the Board.

NARHARI AMIN

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill provides for delegation of legislative powers in the following respects, namely:--

Clause 1.- Sub - clause (3) of this clause empowers the State Government to appoint , by notification in the Official Gazette, the dato "on which the remaining provisions of the Act shall come into force .

Clause 3. Sub- clause ( 1) of this clause empowers the State Government to specify, by notification in the Official Gazette the date with effect on and from which there shall be established the Gujarat Basic Education Board .

Clause 16. Sub-clause (1) of this clause empowers the Board to provide by regulations the manner in which and purposes for which the Board may associate with itself persons whose assistance or advice it may desire .

INDEX [PART V GUJARAT GOVERNMENT GAZETE, EX. , 17-12-1994

30-16

Clause 17.--( i) Paragraph (b) of sub-clause (1) of this clause empowers the Boardto prescribe by regulations educational standards for patterns of basic education evolved by it.

(ii) Sub-clause (3) of this clause empowers the Board to prescribe by regulations the measures for promotion ofphysical, moral and social welfare of and for inculcation of spirit of discipline amongst student in basic educational institutions and standards for, and conditions of, residence to be provided in hostels .

(ii ) Sub- clause (11 ) of this olause empowers the Board to presoribe by regulations the standards of the staff of specified institutions and the standard requirement in respect of things specified therein .

(iv) Sub-clause (14) ofthis clause empowers the Board to prescribe by regulations the number of students to be admitted in a division of any standard in the specified institutions .

(v) Sub -clause (26) of this clause empowers the Board to make regulations for carry ing out the purposes of the Act .

(vi ) Sub- clause (27) of this clause empowers the Board to make bye- laws relating to matters specified therein .

Clause 18. Sub-clause (2) of this clause empowers the Board to presoribe by regu- lations , the constitution of committee, the terms of office of its members , and functions of the Boardto be performed by it .

Clause 19.-( i) Sub- clause (5) of this clause empowers the Board to prescribe by regulations the other powers to be exercised and other duties to be performed by the Chairman .

(ii) Sub-clause (6) of this clause empowers the Board to prescribe by regulations the duties and functions to be performed by the Deputy Chairman.

Clause 20. Sub-clause (3) of this olause empowers the Boardto prescribe by regulations the powers to be exercised by the Secretary of the Board.

Clause 26. Sub -clause (1 ) of this clause empowers the Board to prescribe by regulations the conditions subject to which the Board may borrow money from the open market or otherwise.

Clause 29. This clause empowers the Board to prescribe by regulations the date before which and the manner in which the budget estimates shall be prepared by the Board.

Clause 30.-( i ) Sub-clause ( 1 ) of this clause empowers the Board to prescribe by regulations the form and manner in which the accounts of the Board shall be prepared and maintained .

(ii) Sub-clause (2) of this clause empowers the Board to prescribe by regula- tions the form in which an annual statement of accounts shall be prepared for each financial year.

Clause 37. This olause empowers the State Government by notification in the Official Gazette to dissolve or supersede the Board.

Clause 38. This clause empowers the Board to make regulations generally for 'the purpose of carrying into effect the provisions of the Act and particularly for matters specified in it.

INDEX 30-17 PART VJ GUJARAT GOVERNMENT GAZETTE , EX . , 17-12-1994

Clause 39.--This clause empowers the State Government to make the first re- gulations .

Clause 40 .--This clause empowers the Board to make bye-laws to provide for all or any of the matters specified therein .

Clause 42.-- This clause empowers the State Government to make by an order published in the Official Gazette any provisions as may appear to it to be necessary or expedient for the purpose of removing any difficulty arising in giving effectto the provisions of the Act.

The delegation of legislative powers as aforesaid is necessary and is of normal character .

NARHARI AMIN .

Dated the 16th December, 1994 .

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 17th December, 1994.

V-Ex-30-5

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 31

REGISTERED NO . G/GNR/ 2

सत्यमेव चयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXV]

FRIDAY, DECEMBER 23 , 1994 /PAUSA 2 , 1916

Separate paging is given to this Part in order that it may be filed as a separate compilation.

PART V

Bill introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette , The date of publication to be reported) .

The following Bill is publihsed with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules ,-

THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS ( REMOVAL OF DISQUALIFICATIONS) ( AMENDMENT) BILL, 1994 .

GUJARAT BILL NO . 31 OF 1994 .

A BILL

further to amend the Gujarat Legislative Assembly Members ( Removal of Disqualifications) Act , 1960.

It is hereby enacted in the Forty- fifth Year of the Republic of India as follows :-

1. This Act may be called the Gujarat Legislative Assembly Members (Removal of Short title. Disqualifications) (Amendment) Act , 1994 .

1 Guj . 1 of 1960.

2. In the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Aot , 1960, in the Schedule, after entry 30 , the following entries shall be added, namely:-

Amend ment of Sche- dule to Guj, 1 of 1960.

" 31. The Office of Chairman or Director of the Gujarat Mineral Development Corporation Limited;

Guj . XX of 1964.

32. The Office of Chairman of the Gujarat State Agricultural Marketing Board established under the Gujarat Agricultural Produce Markets Act, 1963. " .

31-1

V-Ex.-31-1

INDEX 31-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX; 23-12-1994

STATEMENT OF OBJECTS AND REASONS .

Some of the Boards and Corporations formed by the State Government require able hands experienced in the fields of trade, commerce, industry, finance , management or public life to man them efficiently . This is particularly so with regard to those bodies which deal directly with the public and social activities . Sometimes , some members of the Gujarat Legislative Assembly are found suitable for the purpose but on account of the provision of disqualification in clause (1) of article 191 of the Constitution of India, a doubt arises whether acceptance of the post of a Chairman , member or Director of suoh a body by a member of the Gujarat Legislative Assembly would disqualify him on the ground of holding an office of profit under the Government . It is, therefore , con- sidered necessary to remove the disqualification that might be incurred by such members onbeing appointed as Chairman or Director of the Gujarat Mineral Development Corpo- ration Limited or Chairman of the Gujarat State Agricultural Marketing Board by adding entries 31 and 32 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960.

This Bill seeks to amend the said Schedule to achieve the aforesaid object .

DINSHA PATEL ,

Dated the 23rd December , 1994

By order and in the name of the Governor of Gujarat ,

KUM . H. K JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 23rd December, 1.994 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX N

ExtraNo. 32

REGISTERED NO. G/GNR/2,

Red R

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY,

Vol. XXXV]

FRIDAY, DECEMBER 23 , 1994/PAUSA 2 , 1916

Separate paging is given to this Part in order that it maybe filed as a separate compilation.

(

PART V

Introduced in the Gujarat Legislative Assembly.

(To be translated in to Gujarati and the translation to be publiised in the Gujarat Government Gazette, The date of publication to be reported) .

The following Bill is publihsed with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules:

THE GUJARAT MARITIME BOARD ( AMENDMENT ) BILL , 1994 .

GUJARAT BILL NO . 32 OF 1994 .

A Bill

further to amend the Gujarat Maritime Board Act , 1981 .

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows :-

1. ThisAct may be called the Gujarat Maritime Board (Amendment) Act , 1994 .

Short title .

2. In the Gujarat Maritime Board Act, 1981 (hereinafter referred to as "the principal Act" ) , in section 3, for sub- section (4) , the following shall be substituted, namely:-

Guj.30 of 1981.

Amend- ment of section 3 of Guj . 1981

"(4 ). The Board shall consist of such number of members, not being less than five and not more than twelve, who shall be appointed by the State Government follows , namely:--- as

(a) three members appointed by virtue of their office from amongst officers of the State Government , of whom...

;

(i) one shall be a representative of the Department in -charge of the adminis stration of minor ports in the State ,

(ii) one shall be the Commissioner of Fisheries , and

( iii) one shall be a representative of the Finance Department ,

32-1

V-Ex.32-1

INDEX 32-2

GUJARAT GOVERNMENT GAZETTE , EX ; 23-12-1994

[PART V

(b) the other members appointed from amongst persons who are , in the opinion of the State Government , capable of representing any one or more of the interests of shipping , navigation , ports , sailing vessels , fisheries , trade , commerce , industry, workers of minor ports and such other interests as, in the opinion of the State Government, ought to be represented on the Board ." .

3. In the principal Act , in section 8 , in sub -section ( 1 ) , for the word , brackets and figure "subsection (5) " , the word, brackets and figure " sub -section (6) " shall be substituted .

Amend- ment of section 8 ofGuj.30 of1981 .

4. In the principal Act , in section 10 , in sub-section (4) , the portion beginning with the words "and no business" and ending with the words " such meeting" shall be deleted .

Amend- ment of section 10 of Guj . 30 of 1981 .

5. In the principal Act , for section 15, the following shall be substituted, namely :----

1 Substitu- tion of seotion 15 of Guj.30 of1981 .

Dele- gation of powe- rs .

"15. The Board may, with the approval of the State Government , direct that such of the powers and duties conferred or imposed upon the Board by or under this Act as may be specified in such direction , may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be specified in such direction:

Provided that the Chief Executive Officer shall exercise the powers and perform the duties specified in the direction subject to the super- vision and the control of the Board." .

6. In the principal Act , in section 17,-

(1) in sub - section ( 1 ) , for clause (a ) , the following shall be substituted, namely: - Amend- ment of section 17 ofGuj.30 of1981.

"(a) The State Government shall appoint such person as it may think fit to be the Chief Executive Officer of the Board." ;

(2) in sub -section! (2), the proviso shall be deleted ;

(3) in sub-section (3),-

(a) in clause (a) , for the words " two thousand rupees" , the words " five thousand rupees " shall be substituted ;

(b) in clause (b) , for the words " one thousand rupees ", the words and brackets "two thousand five hundred rupees (exclusive of allowances) " shall be substituted ;

7. In the principal Act , in section 18, in sub -section ( 1) , in clause (a) , forthe words " twowo thousandthousand rupees ", the words "five thousand rupees" shall be substituted.

Amend- ment of section 18 of Guj . 30. of1981 .

INDEX 32-3 GUJARAT GOVERNMENT GAZETTE , EX; 23-12-1994

PART V]

8. Ia the principal Act , in section 19 , in sub -section ( 1 ) , -

Amend- ment of section 19 of Guj.30 of1981 .

(1) in clause (a), for the word "Chairman ", the words "State Government " shall be substituted;

(2) the proviso shall be deleted;

9. In the principal Act , in section 24,-

(1) in clause (a), for the word "Chairman " , the words " Chief Executive Officer" shall be substituted; :

Amend- ment of section 24 of Guj.30 of 1981 .

(2) in clause (b) , for the words "thirty years", the words "one year" shall be substituted .

10. In the principal Act , in section 80, for the word " Chairman" where it occurs at two places, the words " Chief Executive Officer " shall be substituted .

Amend- ment of section 80 of Gul.30 of1981 .

11. In the principal Act , in section 82, in sub -section (2 ), for the word " Chairman" wherever it ocours , the words " Chief Executive Officer" shall be substituted .

Amend- ment of section 82 ofGuj.30 of 1981 .

12. In the principal Act , in section 87, in sub -section (2) , for the word " Chairman " the words " Chief Executive Officer" shall be substituted.

Amend- ment of section 87 ofGuj.30 of1981 .

13. In the principal Act , section 92 shall be renumbered as sub -section ( 1 ) of that section and after sub -section ( 1) as so renumbered , the following new sub - section shall be inserted, namely:-

Amend- ment of section 92 of Guj . 30of1981 .

"(2) The State Government shall cause every report of the administration of the ports to be laid for not less than thirty days before the State Legislature as soon as may be, after such report is received by the Government ." .

INDEX 32-4

GUJARAT GOVERNMENT GAZETTE, EX; 23-12-1994

[PART V

STATEMENT OF OBJECTS AND REASONS

The existing provisions of sub-section (4) of section 3 of thee Gujarat Maritime Board Act , 1981 are found , at times , to leave no room for flexibility in the matter of appointment of members on the Board from amongst persons who are specified in clauses ( b) to (h) of the said sub -section (4) . It is , therefore , considered necessary to amend the said sub -section (4) to provide that the Board shall consist of not less than five and not more than twelve members , as the State Goverr ment thinks fit to appoint and to take power to the Government to appoint members , other than ex- officio from amongst persons who are, in the opinion of the Government, capable of representing cne or more of the interests of shipping, navigation , ports , sailing vessels , fisheries , trade , commerce, industry, workers of minor ports and such other interests as ought to be represented on the Board. Clause (a) of said sub - section (4) provides for appointment oftwo members from amongst officers one of whom is a representa- tive of the Department of the State Government in - charge of the administration of minor ports and the other à representative of the Finance Department . It is , consi- dered necessary also to have the commissioner of fishries a member of the Board . Clause (a) of sub -section (4) of the said section 3 is proposed to be amended to provide accordingly.

C As per existing provision of sub -section (4) of section 10; the business of meeting cannot be transacted for want of réquisite quorum throughout the meeting . This requirement is proposed to do away with a view to transact business without quorum throughout , at a meeting .

In order to enable the Chairman, to devote more time in framing the policy for the effective working of the Board, it is considered necessary to relieve him from the burden of the executive work of the Board and to entrust such work on the Chief Executive Officer . It is therefore, proposed to confer the powers of the Board on the Chief Executive Officer . Accordingly , the amendments are made in sections 15 , 24 , 80, 82 and 87 of the Act by replacing the word "Chairman by words " Chief Executive Officer" .

Under the existing section 17, a person having experience of civil works , operation operation and administration of ports can be appointed as a Chief Executive Officer of the Board. On gaining experience , it is found that suitable person of such experience is not available for being appointed as Chief Executive Officer. Hence it is proposed to do away with such requirement of experience .

The exisiting provisions of section 17 and 18 provide for creation of posts and appointment of the persons to the post of the pay scale of the limits specified therein by the State Government .It is proposed to enhance the said limit of the pay scale to the post .

The existing section 24 provides that where the term of contract exceeds thirty years, the approval of the State Government is required to be obtained before the contract is made by the Board . The said limit of the term of the contract is reduced to one year with a view to have a proper check and control over the Board in respect of the contracts to be executed by the Board .

There is no provision in section 92 for laying the report relating to the admini- stration of the ports before the State Legislature . A provision to that effect is proposed in this section .

This Bill seeks to achieve the aforesaid objects.

MANOHARSINHJI JADEJA ,

INDEX 32-5

EX; 23-12-1994

GUJARAT GOVERNMENT GAZETTE ,

PART VI

MEMORANDUM REGARDING DELEGATED LEGISLATION .

The Bill involves delegation of legislative power in the following respects :-

Clause 5;- This clause empowers the Board to delegate , with the approval of the State Government , its power and duties to the Chief Executive Officer .

The delegation of legislative power as aforesaid is necessary and is of a normal character .

MANOHARSINHJI JADEJA , Dated the 23rd December, 1994.

By order and in the name of the Governor of Gujarat ,

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .

Gandhinagar, dated the 23rd December, 1994 .

V-Ex-32-(2)

INDEX