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Gujarat Gazette · Government of Gujarat

Gujarat Gazette, Part Part -IV Extra, 1995

Published 1995

Department
This Gazette may contain multiple departments/offices.
Type
Extraordinary
Part
Part -IV Extra
Publisher
Government Central Press, Gandhinagar
Identifier
in.gazette.gujarat.1995.202112171045217701
Languages
English, Gujarati
Published at
Original source ↗

Extra Ordinary Part - IV / 1995

Date

Extra No.

Department

Extra No.1    11-01-1995  Urban Development & Urban Housing Department
Extra No.2    30-03-1995 Legislative & Parliamentary Affairs Department
Extra No.3    30-03-1995 Legislative & Parliamentary Affairs Department
Extra No.4    06-04-1995 Legislative & Parliamentary Affairs Department
Extra No.5    06-04-1995  Legislative & Parliamentary Affairs Department
Extra No.6    04-07-1995  Legislative & Parliamentary Affairs Department
Extra No.7    04-07-1995  Legislative & Parliamentary Affairs Department
Extra No.8    28-07-1995 Legislative & Parliamentary Affairs Department
Extra No.9    29-07-1995 Legislative & Parliamentary Affairs Department
Extra No.10   29-07-1995 Legislative & Parliamentary Affairs Department
Extra No.11   29-07-1995  Legislative & Parliamentary Affairs Department
Extra No.12   29-07-1995 Legislative & Parliamentary Affairs Department
Extra No.13   29-07-1995 Legislative & Parliamentary Affairs Department
Extra No.14   29-07-1995  Legislative & Parliamentary Affairs Department
Extra No.15   29-07-1995  Legislative & Parliamentary Affairs Department
Extra No.16   28-08-1995  Legal Department
Extra No.17   08-09-1995

Ports & Fisheries Department

Extra No.18  09-09-1995 Legislative & Parliamentary Affairs Department
Extra No.19   25-09-1995  Other
Extra No.20  16-11-1995   Legal Department
Extra No.21  16-11-1995

Ports & Fisheries Department

Extra No.22 16-11-1995 Legislative & Parliamentary Affairs Department Extra No. 1

REGISTERED NO . G/GNR/ 2

TAFA

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI )

WEDNESDAY, JANUARY 11 , 1995/PAUSA 21 , 1916

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT

Sachiva laye, Gardhinagar , Dated the 11th January, 1995 .

GUJARAT ORDINANCE NO . 1 OF 1995 .

AN ORDINANCE

further to amend the Gujarat Town Planning and Urban Development Act , 1976 .

WHEREAS , the Legislative Assembly of the State of Gujarat is not in session ;

President's Act No. 27 * 1976 .

AND, WHEREAS , the Governor of Gujaratis satisfied that circumstances exist which render it necessary for him to take immediate actionto amend the Gujarat Town Planning and Urban Development Act , 1976 ;

NOW, THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely:--

1. Short title and commencement.-(1) This Ordinance may be called the Gujarat Town Planning and Urban Development (Amendment and Validation) Ordinance, 1995.

(2) It shall come into force at oncе .

resident's Aot No.27 of 1976 .

2. President's Act No. 27 of 1976 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 9.

3. Amendment of section 7 of President's Act No. 27 of 1976. In the principal Act, in section 7,

1-1

IV- Extra - 1-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 11-1-1995

1-2

(1) in sub-section (1),-

(a) for the words " The functions of" , the words " The powers and functions of" shall be substituted ;

(6) after clause (iv), the following clause shall be and shall be deemed always to have been inserted , namely:-

"(iv -a) to levy and collect such scrutiny fees for scrutiny of documents sub- mitted to the appropriate authority for permission for development as may be pre- scribed by regulations;" ;

(c) 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 prescribed by regulations;";

(2) in sub - section (2 ) , for the words" any of its functions" , the words "any of its powers and functions" shall be substituted .

4. Amendment of section 9 of President's Act No. 27 of 1976. In the principal Act , in seation 9, in sub- section (I), after the words and figure "under section 5 ", the words, brackets and figures " or a local authority is designated as the area develop- ment authority under sub-section (1) of section 6 ," shall be inserted.

5. Amendment of section 23 of President's Act No. 27 of 1976.- In the principal Act , in section 23,-

(1) in sub- section ( 1),--

(a) for the words " The functions of" , the words " The powers and functions of" shall be substituted ;

(b) 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 ; " ;

(c) 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 ; " ;

(2) in sub -section (2) , for the words " any of its functions " , the words "any of its powers and functions " shall be substituted .

6. Amendment of section 26 of President's Act No. 27 of 1976. -In the principal Act , insection 26 , afterthe words "development charge" , the words "and scrutiny fees" shall be inserted .

7. Amendment of section 91 of President's Act No. 27 of 1976. 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.

8. Amendment of section 119 of President's Act No. 27 of 1976. In the principal Act, in section 119 , in sub -section ( 2) ,-

(1) after clause (c) , the following clause shall be and shall be deemed always to have been inserted, namely:-

"(ci) regulations prescribing fees to be levied and collected under clause ( iv- a) of sub -section (1 ) of section 7; ";

INDEX 1-3 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 11-1-1995

PART IV]

(2) after clause (ci) as so inserted , the following clause shallbe inserted , namely:-

"(cii) regulations prescribing fees 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 deemed always to have been inserted , namely :

"(ciii) regulations prescribing fees to be levied and collcted under clause (v - a) of sub -section (1) of scction 23; " ;

(4) after clause ( ciii ) as so inserted , the following clause shall be inserted , namely:-

" (c- iv ) regulations prescribing fees to be levied and collected under clause (vi-a ) of sub -section (1) of section 23 ; " .

9. Validation of levy and collection of scrutiny fees under principal Act . Notwith- standing anything contained in any judgement , decree or order of any court or any other authority-

(a) any regulation made or purported to have been made before the commencement of this Ordinance by any appropriate authority under the principal Act for levy of scrutiny 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 Ordinance as ifthe principal Actas amended by this Ordinance 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 been levied orlevied and collected under any such regulation before the commen- cement of this Ordinance shall beand shall be deemed always to have been validly levied or levied and collected; and

any such regulation made or purported to have been made or 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 suchsuch scrutiny feesfees levied before the commencement of this Ordinance but not collected before such commencement , may be collected in accordance with provisions of the principal Act as amended by this Ordinance and regulation made thereunder .

INDEX PART IV 1-4

GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 11-1-1995

STATEMENT

The levy and collection of scrutiny fees (formerly known as developm.crt fees) ky 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 groundthat the regulations under which they were levied were ultra vires the provisions of the Gujarat Town Planning and Urban Develpment 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 regulation for levy and collection of scrutiny fees and to levy and collect the same according to the regulatiors so made and to validate the aforesaid levy and collection of scrutiny fees by an area development authority or an urban development authority under the rgulations made by them. Opportunity is also taken-

(i) 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 therefor ;

(ii) to make provisions of section 9 applicable to case where a local authority is designated as area development authority; and

(iii) to ainend section 26 with a view to prohibiting carrying cut any develop- ment of a building or land without obtaining certificate from appropriate authority to the effect that scrutiny fees have been paid .

Forthis purpose, a Bill called the Gujarat Town Planning and Urban Development (Amendment and Validation) Bill , 1994 (Gujarat Bill No. 28 of 1994 ) was publi- shed with a view to introduce in the last session of the Gujarat Legislative Assen Lly but could not be taken up for consideration by the House for want of time. Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid objects .

Gandhinagar,

SARUP SINGH , Governor of Gujarat Dated the 11th January , 1995 .

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

P. V. SWAMINATHAN,

Additional Chief Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No.2

REGNTERED NO. GAGNR/L

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol.XXXVI ] THURSDAY , MARCH 30 , 1995/ CAITRA 9 , 1917 .

Separate pegiag is gives to this Part in order that it may be Bed as a нералите соmрівніon.

PART IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor,

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 30th March, 1995 is hereby published for general information .

KUM , H. K. JHAVERI ,

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

GUJARAT ACT NO. 1 OF 1995

(First published, after having received the assent of the Governor in the "Gujarat Government Gazelle" on the 30th March , 1995 ) .

AN ACT

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 financial year ending on the thirty - first day of March , 1995.

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

I. This Aot may be called the Gujarat (Supplementary) Appropriation Act, 1995. Shortvitle

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 ofthe Schedule hereto annexed amounting in the aggregate to the sum of one thousand three hundred thirteen etores, seventy- four lakhs , sixty- three thousand rupees towards defraying the several charges which will come in course of payment during the financial year ending on the thirty- first day of March , 1995 , in respect of the services and purposes specified in golumn 2 of the Schedule .

issue of Rs.13,13, 74,63,000 from and out of the Consoli-, dated Fundoftha State of Gujarat for the financial 1994-95 .

Appro priation .

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

IV-Extra.2-1

2-1

INDEX 2-2

[PART- IV

GUJ.GOVT.GAZ.EX. 30-3-95 .

THE SCHEDULE

(See sections 2 and 3)

No. of Services and purposes

Vote/

Appro-

priation

2

1

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

3

Rs.

Rs .

Rs.

Revenue

2 Agriculture

8,000 1,07,29,000 1,07,37,000

Revenue 3,64,70,000

3 Minor Irrigation Soil Conservation and                                           3,6440,000
    Area Development
4 Animal Husbandry and Dairy              Revenue    6.51,74,000                  6,54,74,000
    Developinert
                                           Capital   10.03.87,000                10,63,87,000

33,63,000

Revenue 32,78,000

5 Fisheries

85,000

50,52,000 50,52,000

Capital

Revenue

6 Co - operation

23,53,000

23,53,000

13,85,55,000

Capital 13,85,55,000

7 Other Expenditure pertaining to Agricul-  Capital    53 52,000                     53,52,000
    ture ,Co - operation and Rural Development
   Dapartment
8 Education Department                      Revenue     6,20,000                      6,20,000

79.57.61,000

94,93,25,000

Revonue

9 Education

15,35,64.000

32,27,000

Revenue

Education Departinent 10 Other Expenditure pertaining to 32,27,000

4,61,29,000

Capitel 4.61.29.000

Revenue

11 Energy and Petro-chemicals Department

5,60,000 5,60,000

5,02,88,00,000

13 Energy Projects

5,02,88,00,000

37,78,00,000 37,78,00,000

Revenue Capitel

2,78,000 2,73,000

Capital

14 Other Expenditure pertaining to Energy and Petro-chemicals Department

Revenue

15 Finance Department

12,25,000 12.25,000

1,000

Revenue

16 Tax Collection charges (Finance Department)

1,000

1.000

Revenue

17 Treasury and Accounts Administration

55,55,000 55,54,000

81,08,50,000 81,08,50,000

Revenue

18 Pensions and other retiroment benefits

INDEX 2-3

GUJ.GOVT.GAZ.EX. 30-3-95 .

PART- IV ]

Sums not exceeding

No. of

Services and purposes

Total Vote/

Voted

Appro- priation

Charged on the Consolidated Fund

3

2

1

Rs .

Rs.

Rs .

1,000

Reven 1,000

19

Department Other Expenditure pertaining to Finano

1,37,76,91,000

1,37,76,91,000

Capital

7,42,91,000

7,42,91,000

20 Repayment of Debt pertaining te Finance Revenue Dapartment and its Servicing.

3,000

3,000

Capital

22,50,000

Revenue 22,50,000

Food and Civil Supplies Department

21

28;89,000

28,39,000

Revenue

Civil Supplies

22

2,31,000

2,31,000

Capital

1,09,37,000

1.09,37,000

Revenue

23 Food

10,62,000

10,62.000 .

Capital

10,55,000

10,55,000

Capital

24 Other Expenditure pertaining to Food and Civil Supplies Department

2,66,48,000

3,86,000

2,62,62,000

Revenue

26 Forests

24,00,000

24,00,000

Capital

1,000

1.000

Revenue

27 Environment

(

63,000

63,000

Revenue

28 Other Expenditure pertaining to Forest and Environment Department

17,65,000

17.65,000

Capital

12,91,000

12,91,000

Revenue

29 Governor

113,75,000

1,13,75,000

Revenue

30 Council of Ministers

31,37,49,000

Revenue 31.37,49.000

31 Elections

8,90,000

8,90,000

Revenue

Public Service Comraission

32

33,61,000

Revenue 33,61,000

General Administration Department

33.

43,12,000

Revenue 43,12,000

34 Economic Advise and Statistion

20,00,01,000

20.00.01,000

Revenue

35 Other Expenditure pertaining to General Administration Department

30,60,000

30,60,000

Capital

INDEX [PART-IV

GUJ.GOVT.GAZ.EX. 30-3-95 .

2-4

Services and puгровев

No. of Vote/ Appro- priation

2

1

Sums not exceeding

Total Voted Charged on the Consolidated Fund

3

Rs .

Rs .

Rs .

4,72,000 4,72,000

Capital

37 Loans and Advances to Government servants in Gujarat Legislature Secretariat

13,18,000

13,18,000

38 Health and Family Welfare Department Revenue

21,01,49,000

1,63,000

Revenue 20,99,86,000

39 Medical and Public Health

:

2,69,24,000

Revenue 2,69,24,000

40 Family Welfare

1,06,82,000

82,000

Revenue 1,06,00,000

41 Water Supply

11,18,35,000

Capital 11,18,35,000

5,18,47,000

1,38,000

Revenue 5,17,09,000

1,02,65,000

Capial 1,02,65,000

42 Other Expenditure pertaining to Health and Family Welfare Department

40,80,000

Revenue 40,80,000

Home Department

43

50,58,06,000

2,98,000

Revenue 50,55,08,000

44 Police

2,76,30,000

35,000

2,75,95,000

Revenue

45 Jails

2,000 2,000

Revenue

Transport

46

2,99,000

2,97,000

2,000

Revenue

4,98,18,000

Capital 4.98.18,000

47 Other Expenditure pertaining to Home Department

:

6.00.000

Revenue

48 Industries and Mines Department

43,78,000

Revenue 43.78.000

49 Stationery and Printing

11,31,49,000

2,000 ...

Revenue 11.31,47,000

50. Industries

12,77,52,000

Capital 12.77.52.000

33,68,000

8,000

33.60.000

Revenue

stries and Mines Department Department 52 Other Expenditure pertaining to Indus-

13,24,000 13.24.000

Capital

4,75,000

Revenue

53 Information , Broadcasting and Tourism Department

4,75,000

1,000 1,000

Revenue

55 Tourism

7,65,000 7.65.000

Capital

56 Other Expenditure pertainingto Infor- mation, Broadcasting and Tourism Department

INDEX 2-5

GUJ.GOVT.GAZ.EX. 30-3-95 .

PART - IV ]

Sums not exceeding

:

Services and purposes

Total

Voted Charged on the Consolidated Fund No. of Votel Appro- priation

3

2

1

Rs .

Rs .

Rs .

17,36,000

17,36,000

Capital

59 Other Expenditure pertaining to Labour and Employment Department

23,35,000

23,35,000

Revenue

Administration of Justice

61

7,81,000 62

7,81,000

Capital

Other Expenditure pertaining to Legal Department.

55,000

55.000

Revenue

63 Legislative and Parliamentary Affairs Department

2,30.000

2.30,000

Revenue

65 Narmada and Water Resources Department

12,16,49,000

11,74,50,000

1,17,03,000

41,99,000 1,17,03,000

67 Irrigation and Soil Conservation

Revenue Capital

1,55,75,000

1,55,50,000

25,000

Revenue

68

51,12,000 "Other Expenditure pertaining to Narmada and Water Resources Department

51,12,000

Capital

16,67,000

Revenue 16,67,000

....

69 Panchayats and Rural Housing Department.

3,000 1,58,68,000

1,58,65,000

Revenue

Community Development

70

7,18,41,000

5,57,81,000

1,60,60,000

Revenue

Rural Housing

71

3,52,72,000

3,52,72,000

Revenue

Compensations and Assignments

72

1,77,90,000-

1,77,90,000

Revenue

91,77,000

91,77,000

73

Capital

Other Expenditire pertainingto Pan- chayats and Rural Housing Department

60,55,000

Rovenue 80,55,000

Revenue Department

74

2,000

2,000

Revenue

75 Tax collection charges (Revenue Department)

4,96,15,000

4,96,15,000

Revenue

76 District Administration

:

38,93,00,000

Revenue 38,98,00,000

Relief on account of Natural Calamities

77

10,00,00,000

Capital

54,96,000

54,96,000

Revenue

Dangs District

78

<

INDEX [PART - IV

GUJ.GOVT.GAZ.EX. 30-3-95 .

2-6

Services and purposes No. of Vote/ Appro- priation

1

2

Sums not exceeding

Voted

Total Charged on the Consolidated Fund.

3

Rs.

Rs .

Rs.

Revenue

79 Compensation and Assignments 5,22,70,000

2,000 5,22,72,000

44,26,000

Capital

80 Other Expenditure pertaining to Revenue Department

82

44,26,000

3,21,38,000

Revenue

Non-residential Buildings

.....

3,21,38,000

69,93,000

Capital

1,71,000

71,64,000

Revenue

83 Residential Buildings

51,000

51,000

Capital

54,000

54,000

Revenue

84 Roads and Bridges

27,80,000

65,26,000 93,06,000

45,60,70,000 20,11,000

Capital

45,80,81,000

Capital

86 Gujarat Capital Construction Scheme

12,65,000

12,65,000

Revenue 32,40,000 2,19,98,000 2,52,38,000

Capital 1,25,77,000

87 Other Expenditure pertaining to Roads and Buildings Department

1,25,77,000

Revenue

88 Social Welfare and Tribal Development Dopartment

10,91,000.

10,91,000

Revenue

89 State Excise .

20,75,000

20,75,000

Revenue 15,12,59,000

90 Social Security and Welfare

44,14,000 15,56,78,000

Revenue 9,55,000

91 Welfare of Scheduled Tribes

9,55,000

21,13,000

Capital 21,13,000

92 Other Expenditure pertaining to Sorial Welfare and Tribal Development Department

1,53,08,000

Capital 1,53,08,000

93 Special Component Plan for Scheduled Castes

:

Revenue

94 Tribal Area Sub -Plan

3,000

56,86,000

56,89,000

2,23,41,000

Capital

INDEX

2,75,09,000

51,68,000 2-7

GUJ.GOVT.GAZ.EX. 30-3-95 .

PART- IV ]

Sums not exceeding

Services and purposer

Total

Voted Charged on the Consolidated Fund.

No. of Vote/ Appro- priation

3

2

1

Rs .

Rs .

Rs .

Revenue

95 Urban Development and Urban Housing Department

4,80,19,000

4,80,19,000

Revenue

Urban Housing

96

1,58,59,000

1,58,59,000

Capital

48,97,000

48,97,000

Revenue

Urban Development

97

47,66,40,000

47,66,40,000

Capital

1,34,00,000

1,54,00,000

Revnue

98 Compensation Assignment and Tax collection charges

99

9,43,000

9,43,000

Capital

Other Expenditure pertaining to Urban Development and Urban Housing Department .

23,75,000

Revenue 23,75,000

Youth Services and Cultural Activities

101

4,13,000

4.13,000

Capital

102 Other Expenditure pertaining to Youth Services and Cultural Activities Department

9,61,75,56,000

40,71,89,000

9,21,03,67,000

Revenue

Total :

3,51,99,07,000

2,03,75,000

3,49,95,32,000

Capital

13,13,74,63,000

Total

42,75,64,000

12,70,98,99,000

Grand

GOVERNMENT CENTRAL PRESS . GANDHINAGAR .

INDEX REGISTERED NO. G/ GNR/2.

Extra No. 3.

The Gujarat Government Gazeti

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI]

THURSDAY, MARCH 30, 1995 / CAITRA 9 , 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 30th March , 1995 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 2 OF 1995

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette" on the 30th March, 1995) .

AN ACT

to authorise withdrawal of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of a part of the financial year ending on the thirty - first day of March , 1996.

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

Short title .

1. This Act maybe called the Gujarat Appropriation (Vote on Account ) Act , 1995 .

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 thrco thousand three hundred twenty- seven crores , eighty-six lakhs , three thousand rupees towards defraying the soveral charges which will come in course of payment during the financial year 1995-96 .

Withdra- wal of Rs . 33,27,86 , - 03,000 from and out of the Consolida ted Fund ofthe St- ate ofGuj- arat for the finano- ial year 1995-96 .

Appropri .. ation .

3. The sums authorised to be withdrawn 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 Sohedule in relation to the said year.

3-1

IV-Ex . - 3-1

INDEX 3-2

[PART IV

GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 30-3-95

THE SCHEDULE

(See sections 2 and 3)

Services and purposes

Vote/

No. of Appro-

priation.

2

1

Revenue

1 Agriculture, Co - operation and Rural Development Department

Revenue

2 Agriculture

Capital

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

Capital

Revenue

4 Animal Husbandry and Dairy Development

Capital

Revenue

5 Co-operation

Capital

Capital 6 Other Expenditure pertaining to Agriculture , Co-operation and Rural Development Department

Revenue

7 Education Department

Revenue 8 Education

Capital

Revenue 9 Other Expenditure pertaining to Education Department

Capital

Revenue

Energy Department 10 Energy and Petro- chemicals

Revenue

11 Tax collection charges (Energy and Petro- chemicals Department)

Revenue

12 Energy Projects

Capital 13 Other Expenditure pertaining to.Energy and Petro- chemicals Department

Revenue

14 Finance Department

Capital

INDEX

Sums not exceeding

Total Voted Charged on the Consolidated Fund

3

Rs.

Rs .

Rs .

84,16,000 84,16,000

97,31,48,000 97,31,48,000

1,68,34,000 1,68,34,000

8,46,81,000 8,46,81,000

30,83,000 30,83,000

11,13,71,000 11,13,71,000

1,33,000 1,33,000

6,43,75,000 6,43,75,000

4,95,77,000 4,95,77,000

2,33,40,000 2,33,40,000

48,38,000 48,38,000

5,97,56,83,000

15,90,33,000

5,81,66,50,000

1,65,000 1,65,000

1,63,54,000 1,63,54,000

28,68,17,000 28,68,17,000

19,67,000 19,67,000

1,02,00,000 1,02,00,000

1,65,00,000 1,65,00,000

18,40,000 18,40,000

98,83,000 98,83,000

1,35,000 1,35,000 3-3 TART IV]

GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 30-3-95

Sums not exceeding

Services and purposes

Vote/

Voted

Total No. of Appro- priation .

Charged on the Consolidated Fund

3-

1

2

Rs.

Rs.

15

Revenue 10,64,87,000

Rs , 10,64,87,000 Tax collection charges (Finance Department )

Revenue

6,89,73,000

6,89,73,000

16 Treasury and Accounts Administration

Revenue

3,33,000

1,15,09,17,000

1,15,12,50,000 17 Pension and other retirement benefits

Revenue 1,36,01,77,000

1,36,01,77,000 18 Other Expenditure pertaining to Finance Department

2,19,32,000

34,000

2,19,66,000

Capital

Revenue

4,01,08,03,000 4,01,08,03,000 19

2,18,76,24,000

Capital

2,18,76,24,000 Repayment of debt pertaining to Finance Department and its Servicing

Revenue 1,10,14,000

1,10,14,000 20 Food and Civil Supplies Department

Revenue

7,73,96,000

7,73,96,000

21 Civil Supplies

34,000

34,000

Capital

Revenue

22 Food

2,27,27,000

2,27,27,000

7,90,000

7,90,000

Capital

38,10,000

38,10,000

Capital

23 Other Expenditure pertaining to Food and Civil Supplies Department

Revenue

22,06,000

22,06,000 24 Forests and Environment Department

Revenue

25 Forests

18,01,06,000

18,0° , 06,000

Capital 13,80,07,000

13,80,07,000

Revenue

26 Environment

36,00,000

36,00,000

77,80,000

Capital

77,80,000 27 Other Expenditure pertaining to Forests and Environment Department

Revenue

28 Governor

29,31,000

29,31,000

Revenue

29 Council of Ministers

94,92,000

94,92,000

Revenue

30 Elections

1,63,10,000

1,63,10,000

Revenue

31 Public Service Commission

7,33,000

46,71,000

54,04,000

INDEX 3-4

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-95

No. of
Vote/    Services and purposes
Appro-
priation.
  1              2
 32. General Administration
      Department                    Revenue
 33 Economic Advice and Statistics  Revenue
 34   Other Expenditure pertaining  Revenue
      to General Administration
      Department                    Capital
 35   State Legislature             Revenue
 36   Loans and Advances to Govern- Capital
      ment servants in Gujarat
      Legislature Secretariat.
 37 Health and Family Welfare       Revenue
      Department
 38   Medical and Public Health     Revenue
 39   Family Welfare                Revenue
 40   Water Supply                  Revenue
                                    Capital
 41   Other Expenditure pertaining  Revenue
                enditure pertaming
      to Health and Family Welfare
      Department                     Capital
 42   Home Department               Revenue
 43   Police                        Revenue
 44   Jails                         Revenue
 45   Transport                     Revenue
                                     Capital
 46   Other Expenditure pertaining  Revenue
      to Home Department            Capital
 47 Industries and Mines Department Revenue
  48 Stationery and Printing        Revenue
 49   Industries                    Revenue
                                    Capital
 50 Mines and Minerals              Revenue
  51  Other Expenditure pertaining  Revenue
      to Industries and Mines
      Department                    Capital

INDEX

[PART IV

      Sums not exceeding
   Voted          Charged on the       Total
                  Consolidated
                  Fund
                         3
          Rs .            Rs.               Rs.
     3,42,66,000                      3,42,66,000
    1,46,35,000                       1,46,35,000
   22,48,97,000                      22,48,97,000
    1,85,80,000                        1,85,80,000
    1,40,18,000       1,34,000        1,41,52,000
     19,74,000                         19,74,000
    69,76,000                           69,76,000
 1,05,40,92,000                    1,05,40,92,000
  22,54,26,000                       22,54,26,000
  32,41,22,000                       32,41,22,000
  59,16,67,000                       59,16,67,000.
  12,65,02,000                       12,65,02,000
   4,12,54,000                        4,12,54,000
    64,57,000                          64,57,000
1,17,90,82,000                     1,17,90,82,000
  3,96,22,000                          3,96,22,000
 4,34,82,000                          4,34,82,000
  3,33,33,000                         3,33,33,000
  7,81,42,000         50,000          7,81,92,000
  4,90,33,000                         4,90,33,000
    40,92,000                           40,92,000
   7,75,37,000                         7,75,37,000
 26,96,42,000                        26,96,42,000
 13,62,92,000                        13,62,92,000
   3,30,03,000                        3,30,03,000
    29,17,000                           29,17,000
    88,70,000                           88,70,000

3-5

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-95

PART IV )

Services and purposes

No. of Vote/ Appro priation.

2

1

52

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

3

Rs .

Rs .

Rs .

11,40,000:, 11,40,000

Revenue

Information , Broadcasting and Tourism Department

Revenue

Information and Publicity

53

4,39,72,000 4,39,72,000

1,00,13,000 1,00,13,000

Revenue

54   Tourism
                                    Capital           8,33,000                       8,33,000
55   Other Expenditure pertaining to Revenue         50,37,000                      50,37,000
     Information , Broadcasting and
     Tourism Department             Capital          33,60,000                      33,60,000
56   Labour and Employment           Revenue         24,14,000                      24,14,000
     Department
 57  Labour and Employment           Revenue      16,73,35,000                    16,73,35,000
                                    Capital             33,000                         33,000
58   Other Expenditure pertaining to Capital        84,20,000                       84,20,000
      Labour and Employment
     Department

34,68,000

Revenue

59 Legal Department

Capital

Revenue 60 Administration of Justice

34,68,000

8,000 8,000

15,13,51,000

1,84,97,000

13,28,57,000

Revenue

61 Other Expenditure pertaining to Legal Department

Capital

52,85,000 52,85,000

60,05,000 60,05,000

23,32,000 28,32,000

Revenue

62 Legislative and Parliamentary Affairs Department

63

Capital Other Expend ture pestainingto Legislative and Parliamentary Affairs Department

8,90,000

8,90,000

71,75,000

Revenue

64 Narmada and Water Resources Department

65 Narmada Development Scheme Capital

Revenue 66 Irrigation and Soil Conservation

Capital

67

71,75,000

3,01,32,45,000 3,01,32,45,000

1,84,40,98,000 1,84,40,98,000

57,92,90,000 57,92,90,000

4,97,000 4,97,000

Revenue

Capital Other Expenditure pertaining to Narmada and water Resources Department

IV- Ex . -3-2

INDEX

3,64,62,000 3,64,62,000 3-6

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-95

No. of

Sums not exceeding

Vote/ Services and purposes

Voted

Total Appro- priation.

T

Charged on the Consolidated Fund

2

1

3

Rs .

Rs.

Rs.

Revenue

68

48,28,000

48,28,000 Panchayats and Rural Housing Department

Revenve

59 Community Development

31,81,97,000

31,81,97,000

Revenue

70 Rural Housing

11,21,87,000 18,52,03,000 29,73,90,000

1,31,33,000

Capital

1,31.33,000

6,84,76,000

71 Compenzations and Assignments Revenue

6,84,76,000

3,61,43,000

72

Revenue

3,61,43,000 Other Expenditure pertaining to Panchayats and Rural Housing Department

8,90,06,000

Capital

8,90,06,000

Revenue

73 Fisheries

4,07,61,000

4,07,61,000

68,50,000

Capital

68,50,000

74 Ports

4,66,33,000

Capital

4,66,33,000

Revenue

12,96,000

12,96,000

27,10,000

Capital

75 Other Expenditure pertaining to Ports and Fisheries Department

27,10,000

Revenue

1,13,12,000

76 Revenue Department

1,13,12,000

> Revenue

 77.  Tax collection charges                        10,51,04,000                     10,51,04,000
      (Revenue Department)
 78   District Administration         Revenue       10,38,62,000                    10,38,62,000
 79.  Relief on account of            Revenue     '; 26,58,33,000                    26,58,33,000
      Natural Calamities
                                       Capital        1,75,00,000                     1,75,00,000
 80  Dangs District                   Revenue        4,76,30,000,                    4,76,30,000
81.  Compensations and Assignments    Revenue        3,14,53,000        9,07,000      3,23,60,000
                                      Capital          19,67,000        7,66,000       27,33,000
82   Other Expenditure pertaining to  Revenue         17,43,000           1,000        17,44,000
     Revenue Department
  :                                   Capital      11,92,49,000                       1,92,49,000
83   Roads and Buildings Department   Revenue         81,40,000                        81,40,000
84    Non-Residential Buildings       Revenue       32,86,70,000       1,04,000     32,87,74,000
                                      Capital       12,24,58,000                     12,24,58,000
85    Residential Buildings            Revenue      13,84,32,000                    13,84,32,000
                                      Capital        2,65,37,000                     2,65,37,000

Revenue

79,64,02,000

79,64,02,000 86 Roads and Bridges

18,85,67,000

Capital

18,85,67,000

INDEX PART IV ]

3-7

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-95

Services and purposes

No. of Vote/ Appro- priation.

2

1

Sums not exceeding

Vited

Total hanged on the Consolidated Fund.

3

Rs .

Rs .

Rs .

Revenue

87. Gujarat Capital Construction Scheme

Capital

88 Other Expenditure pertaining to Revenue Roads and Buildings Department

Capital

Revenue 89 Social Welfare and Tribal Development Department

90 State Excise

Revenue

91

Social Security and Welfare

90,48,000

90,48,000

2,35,00,000

2,35,00,000

2,29,70,000

2,29,70,000

1,89,63,000

1,89,63,000

37,80,000

37,80,000

93,60,000

93,60,000

25,52,24,000

25,62,24,000

Revenue

Capital

92 Welfare of Scheduled Tribes

44,47,000

44,47,000

9,85,61,000

9,85,61,000

Revenue

Capital

93

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

94

Special Component Plan for Scheduled Castes

Revenue Capital

95 Tribal Area Sub -Plan

Revenue

Capital

Revenue 96 Urban Development and Urban Housing Department

97

Urban Housing

18,72,000

18,72,000

72,95,000

72,95,000

40,72,15,000

40,72,15,000

1,89,35,000

1,89,35,000

93,92,95,000

93,92,95,000

25,50,06,000

25,50,06,000

25,07,000

25,07,000

2,84,22,000 4,53,55,000 7,37,77,000

1,78,10,000

Revenue

Capital

98

Urban Development

1,78,10,000

18,88,39,000

18,88,39,000

3,12,00,000

Revenue

Capital

99

Revenue Compensations , Assignment and tax collection charges

100

Revenue

Capital Other Expenditure pertaining to Urban Development and Urban Housing Department

101

3,12,00,000

2,33,68,000 12,33,68,000

34,73,000

34,73,000

30,55,000

30,55,000

Revenue

Youth Services and Cultural Activities Department

102

Revenue Youth Services and Cultural Activities

INDEX

১৫

11,74,000

11,74,000

3,16,04,000

3,16,04,000 [PART IV ]

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-95

3-8

Services and pигровов

No. of Vote/ Appro- priation.

2

1

Sums not exceeding

Voted

Charged on the Total Consolidated Fund

3

Rs .

Rs .

Rs.

17,78,000 17,75,000

Capital

103 Other Expenditure pertaining to Youth Services and Cultural Activities Department

Revenue

                       20,63,54,95,000  4,45,23,90,000 25,08,78,85,000
Total
        Capital         6,00,22,94,000  2,18,84,24,000  8,19,07,18,000
                                       6,64,08,14,000  33,27,86,03,000

Grand Total

26,63,77,89,000

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No. 4

REGISTERED NO . G/GNR/ 2

C

સ્વમંત્ર ગવર

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , APRIL 6 , 1995/CAITRA 16 , 1917

Vol . XXXVI ]

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

PART IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Go- vernor on the 6th April , 1995 is hereby published for general information .

KUM H. K. JHAVERI ,

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

GUJARAT ACT NO. 3 OF 1995

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette" on the 6th April , 1995 ).

AN ACT

further to amend the Gujarat Town Planning and Urban Development Act, 1976 .

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

(1) This Act may be called the Gujarat Town Planning and Urban Development (Amendment and Validation ) Act , 1995.

Short titlo and comme- neement.

(2) It shall be deemed to have come into force on the 11th January, 1995.

2. In the Gujarat Town Planning and Urban Development Act , 1976 ( hereinafter referred to as "the principal Act " ) , in section 7,-

President's Act No. 27 of 1976.

(1 ) in sub -section ( 1) ,---

(a) for the words " The functions of " , the words " The powers and functions of" shall be substituted ;

Amend- ment of section 7 of President's Act No. 27 of 1976.

(b) after clause (iv) , the following clause shall be and shall be deemed always to have been inserted , namely:---

"(iv-a) to levy and collect such scrutiny fees for scrutiny of documents sub- mitted to the appropriate authority for permission for development as may he prescribed by regulations; " ;'

4-1

IV-Extra - 4-1

INDEX 4-2

GUJARAT GOVERNMENT GAZETTE , EX ; 6-4-1995

[PART IV

(c) 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 prescribed by regulations ; " ;

(2) in sub -section (2) , for the words "any of its functions " , the words "any of its powers and functions " shall be substituted .

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 designation of a local authority as the area development authority under sub - section (1) of section 6," shall be inserted.

Amend- ment of seption 9 ofPresi- dent's Act No. 27 of 1976.

4. In the principal. Act, in section 23,-

(1) in sub -section ( 1) ,

Amend- ment of section 23 ofPreside- nt's Act No. 27 of1976 .

(a) for the words "The functions of " , the words "The powers and functions of" shall be substituted ;

(b) after clause ( v) , the following clause shall be and shallbe deemed always to have been inserted, namely:-

"(v -a) to levy and collect such scrutiny fces for scrutiny of documents submi- tted to the appropriate authority for permission for development as may be prescribed by regulations;",

(c) after clause ( vi ) , the following clause shallbe 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 pre- scribed by regulations;";

(2) in sub -section (2 ) , for the words " any of its functions " , the words "any of its powers and functions" shall be substituted.

5. In the principal Act , in section 26, after the word " charge" occuring at two places, the words "and scrutiny fees" shall be inserted .

Amend- ment of section 26 of Pre- sident's Act No.27 of 1976.

6. In the principal Act , in section 27, the following shall be and shall be deemed always to have been added at the end , namely :----

"and by such scrutiny fees as may be prescribed by regulations" .

Amend- ment of section 27 of Presi- dent's Act No. 27 of 1970.

INDEX PART IV- ]

4-3

GUJARAT GOVERNMENT GAZETTE , EX ; 6-4-1995

7. In the principal Act, in section 28, in sub -section (1) , after the words "as may be prescribed", the words "and by such scrutiny fees as may be preseribed by regula tions" shall be and shall be deemed always to have been inserted.

Amend- ment of section 28 of Pre- sident's Act No. 27 of 1976.

8. In the principal Act , in section 29 , in sub- section (I ) , after the words "deve- lopment charge" , the words " and scrutiny fees" shall be inserted.

Amend- ment of section 29 ofPresi- dent'sAct No. 27 of 1976.

9. In the principal Act , in section 34, in"sub -section'( 1) , after the words " together with the prescribed particulars" , the words " and with such scrutiny fees as may be presaribed by regulations" shall be and shall be deemedalwaysto have been inserted.

Amend- ment of section 34 ofPre- sident's Act No 27 of 1976.

10. In the principal Act, in section 49 , in sub- section (1) , in clause (a) , the following shall be and shall be deemed always to have been added at the end, namely:-

"and on payment of such scrutiny fees as may be prescribed by regulations".

Amend- ment of section 49 ofPre- sident's Act No. 27 of 1976 .

11. 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 .

Amend- ment of section 91 of Pre- sident's Act No. 27 of 1976 .

12. In the principal Act , in section 119, in sub-section (2) ,-

(1) after clause (c), the following clause shall be and shall be deemed always to have been inserted, namely:-

"(ci) regulations prescribing fees to be levied and collected under clause ( iv-a) of sub -section (1) of section 7 ; " ;

(2) after clause (ci) as so inserted, the following clause shall be inserted, namely:--

Amend- ment of section 119 ofPre- sident's Act No. 27 of 1976.

"(oii) regulations prescribing fees 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 deemed always to have been inserted, namely:-

"(ciii) regulations prescribing fees to be levied and collected under clause (v- a) of sub -section (1) of section 23; " ;

(4) after clause (ciii) as so inserted , the following clause shall be inserted , namely:-

"(c-iv) regulations prescribing fees to be levied and collected under clause (vi- a) of sub - section (1) of section 23;" ;

INDEX 4-4

GUJARAT GOVERNMENT GAZETTE, EX; 6-4-1995

[PART IV

inserted, the following clause shall be and shall be (5) after olause (o - iv) as so inserted, deemed always to have been inserted, namely:-

"(c-v) regulations prescribing scrutiny fees under section 27 or , as the case may be, sub - section (1) of section 28; " ;

(6) after clause ( e), the following clause shall be and shall be deemed always to have been inserted , namely:-

"(e-i) regulations prescribing scrutiny fces under sub - section (1) of section 34 or , as the case may be , clause (a) of sub -section (1) of section 49; " .

13. ( 1) Notwithstanding anything contained in any judgment , decree or order of any court or any other authority

Validation of levy and colle- otion of sorutiny fees under principal 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 Aot for levy of scrutiny fees for scrutinyiny of document 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 Act as if the principal Act as amended by this Act had been in force at all material times when such regulation was made ; and

(6) any scrutiny fees for scrutiny of documents submitted to the appropriate authority for permission for development , levied or levied and collected or pur- ported tohave been levied or levied and collected under any such regulation before the commencement of this Act shall be and shall be deemed always to have been validly levied or levied and collected;

and accordingly-

( i) any such regulation made or purported to have been made or scrutiny fees levied or levied and collected or purported to have been levied or levied and co- llected 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 ;

( ii) no suit or other proceedings shall be maintained or continued in any court or before any authority whatsoever against the State Government or an appro- priate authority or any officer or other authority whatsoever for the refund of such scrutiny fees paid under the principal Act ;

(iii) no court shall enforce any decree or order directing refund of such scru- tiny fees paid under the principal Act ; and

( iv) any such scrutiny foes levied before the commencement of this Act but not collected before such commencement , may be collected in accordance with provisions of the principal Act as amended by this Act and regulation made thereunder .

(2) For the removal of doubt, it is hereby declared that nothing in sub - section (1) shall be construed as preventing any person-

(a) from questioning in accordance with the principal Act as amended by this Act and rules and regulations made thereunder any levy or collection of scrutiny fees; or

(6) from claiming any refund of scrutiny fees paid by him in excess of the amount due from him under the principal Act as amended by this Act and the rules and regulations made thereunder.

14. ( 1) The Gujarat Town Planning and Urban Development (Amendment and Validation ) Ordinance , 1995 is hereby repealed.

Guj . Ord . 1 of 1995...

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 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 5

REGISTERED NO. G/GNR/2

सत्यविजयी

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXX VI

THURSDAY, APRIL 6, 1995/CAITRA 16, 1916

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promsigated and Regulations made by the Governer.

The following Act of the Gujarat Legislature having been assented to by the Governor on the 6th April , 1995 is hereby published for general information .

KUM . H. K. JHAVERI ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department,

GUJARAT ACT NO . 4 OF 1995

(First published, after having received the assent of the Governor in the " Gujarat Government Gazette " on the 6th April , 1995) .

AN ACT

further to amend the Bombay Tenancy and Agricultural Lands Act , 1948 .

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

1. This Act may be called the Bombay Tenancy and Agricultural Lands ( Gujarat Short title . Amendment) Act , 1995.

2. In the Bombay Tenancy and Agricultural Lands Act , 1948, in section 2, in sub -section (6) , -

Bom . LXVII of 1948.

(1) for the portion beginning with the words "being land, the entire area " and ending with the words " one compact block" shall be deleted ;

Amsad- ment of section 2 of Bom . LXVII of 1948 .

1 (2) the Explanation III shall be deleted.

5-1

IV -Extra-5-1

GOVERNMENT CENTRAL PRESS, GANDHINAGAR,

INDEX Extra No. 6

REGISTERED NO G/GNR/ 2

C

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI ]

TUESDAY , JULY 4, 1995 /ASADHA 13 , 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following A Act of the Gujarat Legislature, having been assented to by the Governor on the 3rd July , 1995 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 5 OF 1995

(Firist published , after having received the assent of the Governor in the " Gujarat Government Gazette" on the 4th July, 1995) .

AN ACT

further to amend the Gujarat Tribal Development Corporation Act , 1972 .

It is bereby enacted in the Forty-sixth Year of the Republic of India as follows :-

Short title .

1. This Act may be called the Gujarat Tribal Development Corporation (Amendment) Act , 1995.

Guj . 5 of 1972.

2. In the Gujarat Tribal Development Corporation Act , 1972, in section 5, in sub-section (1) , for the words " fifteen crores of rupees " , where they occur at three places, the words " twenty crores of rupees " shall be substituted .

Amend- ment of section 5 ofGuj . 5 of 1972.

6-1

IV-Extra- 6-1

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 7

REGISTERED NO . G/ GNR/2

:

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY , JULY 4 , 1995/ ASADHA 13 , 1917

Vol . XXXVI]

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

PART IV

Acts of the Gujarat Legislature and Ordinances promulgated andRegulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 3rd July , 1995 is hereby published for general infomration .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 6 OF 1995

(First published , after having received the assent of the Governor in the " Gujarat Government Gazette " on the 4th July, 1995 ) .

AN ACT

further to amend the Bombay Lund Revenue Code , 1879 .

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

1. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment ) Act, 1995 .

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 the Bombay Land Revenue Code , 1879, for section 157, the following section shall be substituted, namely:----

Bom. V of 1879.

Substitu tion of section 157 of Bom. V of1879 .

Arrest and detention of defaulter.

"157. (1) At any time after an arrear becomes due, the defaulter (not being an agriculturist from whom such arrear in respect of his occupancy is due) may be arrested and detained in custody for ten days in the office of the Collector or of a Mamlatdar unless the revenue dues together with the penalty or interest and the cost of arrest and of notice of demand , if any, and the cost of his subsistence during detention is sooner paid :

Provided that no such arrest shall be made unless the default is wilful and the defaulter is given an opportunity to show cause against his arrest and detention .

7-1

IV-Extra - 7-1

INDEX 7-2

[PART- IV GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 4-7-1995

(2) If, on the expiry of ten days the amount due by the defaulter is not paid , then, or if the Collector deems fit on any earlier day, he may be sent by the Collector with a warrant , in the form of Schedule C for imprisonment in the civil jail of the district :

Provided that nodefaulter shall be detained in imprisonment for a longer period than the time limited by law in the case of the execution of a decree of civil court for debt equal in amount to the arrear of revenue due by such defaulter." .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI]

FRIDAY, JULY 28, 1995/ SRAVANA 6, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 28th July, 1995 is hereby published for general information .

KUM H. K. JHAVERI,

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

GUJARAT ACT NO . 7 OF 1995 .

(First published , after having received the assent of the Governor in the Government Gazette" on the 28th July, 1995), : . Gujarat

AN ACT

further to amend the Gujarat Medical Council Act, 1967.

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

1. This Act may be called the Gujarat Medical Council (Amendment) Short title . Act, 1995.

Guj . 10 . of

Amendment of section16 of Guj . 10 of 1968 .

2. In the Gujarat Medical Council Act, 1967 (hereinafter referred to as 1968. " the principal Act " ), in section 16, in sub-section (3 ) , for the words " a fee of fifty rupees " , the words " the prescribed fee " shall be substituted .

3. In the principal Act , in section 17, in sub - section (2) , for the words " a fee of fifty rupees " , the words " the prescribed fee " shall be substituted.

Amendment of section 17 of Guj . 10 of1968.

4. In the principal Act, in section 19, in sub -section ( 1) , for the words " a fee of five rupees " , the words " the prescribed fee " shall be substituted.

Amendment of section 19 of Guj.10 of1968 .

8-1

IV-Ex-8-1

INDEX [PART IV 8-2]

GUJARAT GOVERNMENT GAZETTE, EX. , 28-7-1995

5. In the principal Act, in section 23 ,-

Amendment of section 23 of Guj . 10. of 1968 .

(1) in clause (b) , for the words " a fee of rupees two " , the words "the prescribed fee " shall be substituted;

(2) in clause (c) , in the proviso, for the words "a fee of rupees five", the words " the prescribed fee " shall be substituted.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO. G/GNR/2 Extra No. 9

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI) SATURDAY, JULY 29 , 1995/ SRAVANA 7, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promsignied and Regulations made by the Governer.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th July , 1995 is hereby published for general information .

KUM H. K. JHAVERI ,

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

GUJARAT ACTNO . 8 OF 1995 .

( First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 29th July, 1995) .

AN ACT

further to amend the Gujarat Sales Tax Act, 1969.

Itis hereby enacted in the Forty- sixth Year of the Republic of India as follows:-

1. (1) This Act maybe called the Gujarat Sales Tax (Amendment) Act, 1995 .

Short title and commmence- ment.

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

Guj . 1 of1979.

Amendment of section 12 of Guj. 1 of1970.

2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as " the principal Act"), in section 12, for the words " six months " , wherever they occur, the words "twelve months " shall be substituted .

9-1

INDEX [ PART I V 9-2]

GUJARAT GOVERNMENT GAZETTE , EX . , 29-7-1995

3. In the principal Act, in section 13, for the words " six months " , wherever they occur, the words " twelve months " shall be substituted.

Amendment of section 13 of Guj . 1 of1970.

4. In the principal Act, in section 16, for sub- section (5) , the following sub- section shall be substituted , namely:-

Amendment of section 16 of Guj . 1 of1970.

"(5) Where a dealer is liable to pay tax under this section , the sales tax levied or leviable under clause (aa ) of sub - section (1) or clause (aa) of sub - section (2) of section 12, or the purchase tax levied or leviable under section 15A shall be set - off against the purchase tax payable under this section . " .

Amendment of section 41 of Guj . 1 of 1970..

5. In the principal Act, in section 41, in sub - section (3 ) , in the second proviso, in clause (a) , for the words " five lakhs " , the words " ten lakhs " and for the words " five thousand " , the words " ten thousand " shall be and shall be deemed always to have been substituted with effect from 1st April, 1995.

6. In the principal Act , after section 41 , the following new section shall be inserted , namely: -

Insertion of new section 41AA in Guj. I of1970.

"41AA . (1 ) Notwithstanding anything contained in sub- sections (2) and (3) of section 41 ,-

Special provi- sion for deemed assessment for the period prior to 1st April , 1994.

where any dealer has furnished the declarations or returns in respect of any specified period by such dates as prescribed therefor and paid the amount of tax due according to such declaration or return within the time prescribed by or under the Act-

(a) in the case of a dealer , to whom a notice is issued under sub - section (3 ) of section 41 and whose turnover of purchases or turnover of specified sales or turnover of sales during the specified period to which the declaration or return relates does not exceed five lakhs rupees and the tax payable for the specified period does not exceed five thousand rupees , the amount of tax due from the dealer in respect of such declaration or return shall be deemed to have been assessed , if the dealer at his option makes payment of two hundred fifty rupees for each specified peiod in the Government treasury on or before 31st March, 1996;

(b) in the case of a dealer whose turnover of purchases or turnover of specified sales or turnover of sales during the specified period to which the declaration or return relates does not exceed fifteen lakhs rupees and the tax payable for the specified period does not exceed twenty- five thousand rupees , the amount of tax due from such dealer in respect of such declaration or return shall , irrespective of whether a notice under sub-section (3) of section 41 is issued or not, be deemed to have been assessed, if the dealer at his option makes payment of rupees five hundred for each specified period in the Government treasury on or before 31st March, 1996;

(c) in the case of a dealer whose turnover of purchases or turnover of specified sales or turnover of sales during the specified period to which the declaration or return relates exceeds fifteen lakhs rupees but does not exceed twenty - five lakhs rupees and the tax payable for the specified period does not exceed twenty - five thousand rupees , the amount of tax due from such dealer in

INDEX GUJARAT GOVERNMENT GAZEI 15, ΕΛ . , 29-7-1970

PART IV ]

respect of such declaration or return shall , irrespective of whether a notice under sub-section (3) of section 41 is issued or not, be deemed to have been assessed, if the dealer at his option makes payment of one thousand rupees for each specified period in the Government treasury on or before 31st March, 1996.

(2) The payment made by a dealer under clause (a), (b) , or (c) , of sub-section (1) shall be construed,-

(a) as if the dealer had furnished revised declaration or revised return under sub-section (3) of section 40, and

(b) as payment made under sub- section (3) of section 47 towards the liability of the dealer to pay tax under such revised declaration or revised return .

(3) Nothing in this section shall apply to a dealer whose books of accounts , registers, or documents have been seized under sub-section (4) of section 59.

Explanation. -For the purposes of this section , the words " specified period " means-

(a) in relation to a dealer who maintains regular books of accounts , any year or part of the year prior to 1st April , 1994, by reference to which the accounts are maintained by him; and

(b) in relation to any other dealer , any financial year or part of the financial year prior to the said date. " .

Amendment of section 47 of Guj . 1 of 1970.

7. In the principal Act, in section 47, in sub- section (4A), in the proviso , after clause (v), the following shall be inserted, namely: -

"(vi) in the case where in assessing the amount of tax from any dealer under this Act in respect of any period , the time taken for making anorder of assessment exceeds thirty - six months from the date of expiry of the time prescribed for payment of tax under sub- section ( 1 ) , (2) , or (3) of section 47, in respect of the period exceeding thirty -six months . " .

Amendment of section 55B of Guj . 1 of 1970.

8. In the principal Act , in section 55B, after the word "Shamiyana " , the words "electrical fans , electrical goods , furnitures or utensils " shall be inserted.

9. In the principal Act, in Schedule I,-

Amendment of Schedule I to Guj . 1 of1970.

(1) in the entry at serial No. 14, in column 2, for the brackets and words " (but excluding cotton seeds) , other oil cakes and de- oiled cakes " , the brackets and words " (but excluding cotton seeds , other oil cakes andde -oiled cakes ) shall be substituted;

(2) in the entry at serial No. 37, in column 2, for the words "one hundred rupees " , the words " one hundred and fifty rupees " shall be substituted;

(3) in the entry at serial No. 41 , in column 2, for the words "Ghamelas and Tagaras", the words " Ghamelas and Tagaras made of G.P. sheets and C. R. sheets " shall be substituted;

INDEX 94 ]

[PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

(4) in the entry at serial No. 49 , in column 2, for the letters and word "Rs . forty " , the words " rupees fifty " shall be substituted;

(5) the entry at serial No. 83 shall be deleted;

(6) in the entry at serial No. 89, in column 2, for the word " Toys " , the words "Toys other than electronic toys " shall be substituted.

10. In the principal Act, in Schedule II,--

(A) inPart-A,

Amendment of Schedule II to Guj . 1 of 1970 .

(1) for the entry at serial No. 31, the following shall be substituted , namely: -

2.

1.

#31. Hosiery goods

4.

3.

two paise in the rupee" ;

two paise

in the rupee

(2) after the entry at serial No. 31, the following new entry shall be inserted , namely:-

2.

1.

Isabgul

"31A.

4.

3.

three paise in the rupee " ;

threepaise

inthe rupee

(3) for the entry at serial No. 66 , the following shall be substituted, namely: -

2.

1.

"66 .

4.

3.

two paise in the rupee " ;

two paise

in the rupee

Agarbatti, padi, dhoop, dhoop- batti and loban .

(4) in the entry at serial No. 78, in columns 3 and 4 , for the words " Twelve paise in the rupee " , the words " Four paise in the rupee ' shall be substituted;

(5) in the entry at serial No. 97, in sub - entry (D), in item (9), in column 2, after the words " electronic games " occuring at two places, the words " electronic toys " shall be inserted;

(6) in the entry at serial No. 121 , in columns 3 and 4, for the words " four paise in the rupee " , the words " twenty paise in the rupee " shall be substituted;

(7) for the entry at serial No. 127, the following shall be substituted , namely :-

INDEX PART IV ]

9-5

GUJARAT GOVERNMENT GAZETTE, EX ., 29-7-1995

3.

4.

2.

1.

four paise in the rupee" ;

four paise

inthe rupee

"127 Mosquito repellents in any form including its equipments and devices .

(8) in the entry at serial No. 128 , in sub - entry (6) , in column 2, for the words "tyres and tubes " , the words " tyres , tubes and flaps " shall be substituted;

(9) in the entry at serial No. 134, in columns 3 and 4, for the words " six paise in the rupee " the words " four paise in the rupee " shall be substituted;

(10) in the entry at serial No. 151 , in columns 3 and 4, for the words " five paise in the rupee " , the words " four paise in the rupee " shall be substituted;

(11) for the entry at serial No. 152, the following shall be substituted , namely: -

4.

3.

1.

2.

"152 (1) Spectacles , Ophthalmic

fourpaise inthe rupee

fourpaise

in the rupee

lenses, Contact lenses , frames , spare parts and accessories thereof, and rough blanks .

twelve paise

in the rupee

twelve paise in the rupee" ;

(2) Goggles and Sun-glasses

(12) in the entry at serial No. 165, in sub - entry (ii) , in columns 3 and 4, for the words " seven paise in the rupee " , the words " four paise in the rupee' shall be substituted;

(13) in the entry at serial No. 180, in columns 3 and 4 , for the words " fourteen paise in the rupee " , the words " four paise in the rupee " , shall be substituted;

(14) in the entry at serial No. 182, in sub - entry ( i) , in columns 3 and 4, for the words " one paise in the rupee ' , the words " two paise in the rupee " shall be substituted;

(15) in the entry at serial No. 183 , in columns 3 and 4, for the words " twelve paise in the rupee " , the words " four paise in the rupee " shall be substituted;

INDEX 9-6 ]

[PART

GUJARAT GOVERNMENT GAZETTE , EX . , 29-7-1995

(16) after the entry at serial No. 184B, the following new entry shall be inserted, namely: -

3.

2.

1..

(i ) Variali (eni seeds) , "184C.

4.

three paise in the rupee. " ;

threepaise

in the rupee

(ii) Jira (cumin seeds),

(iii) Methi. ( fenugru seeds),

(iv) Ajma (ajwa),

(v) Kalingada seeds ,

(vi) Asalia.

(17) in the entry at serial No. 192, in sub - entry ( ii) , in columns 3 and 4, for the words " fourteen paise in the rupee " the words " four paise in the rupee " shall be substituted;

(18) in the entry at serial No. 193, in columns 3 and 4, for the words " seven paise in the rupee " , the words " four paise in the rupee " shall be substituted;

(B) in Part-B , entries at serial Nos. 3, 4, 5 and 6 shall be deleted .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 10

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVI ]

SATURDAY , JULY 29, 1995/SRAVANA 7, 1917

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

PART-IV

Acts of theGujarat Legislature and Ordinances prommulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th July, 1995 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 9 OF 1995 .

( First published, after having received the assent of the Governor in the "Gujarat Government Gazette on the 29th July , 1995) .

AN ACT

further to amend the Bombay Land Revenue Code, 1879.

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

1. (1) This Act may be called the Bombay Land Revenue (Gujarat Second Amendment ) Act , 1995 .

Short title and 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.

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 .

Bom. of 1879.

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:-

10-1

Insertion of new section 135LL inBom Vof 1879.

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

10-2]

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.

i (3) Tais chiptar sill re-apply to such taluka in a 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, brokets 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, mamely;-

(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 or re-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.

(c) The duplicate agriculturist pass-book shall be retained by the competent authority.".

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- ment of section 135N of Bom . V of 1879.

40 of

1980 .

(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,

(3) after clause (ix), the following clauses shall be inserted, namely:-

Guj . 10 of1962.

"(iza) a co - operative society registered under the Gujarat Co-operative Societies Act, 1961 ;

Guj. 18 (izb) a panchayat constituted under the Gujarat Panchayats Act , 1993. " .

of1993

6. In the principal Act , after section 135 0, the following new sections shall be inserted , namely:-

Insertion of new sections 135 00 and135000

in Bom. V of 1879 .

INDEX 10-3 GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

-- PART IV ]
          "135 00. (1 ) No document oftransfer of any agricultural land by sale , purchase , Document
      gift, mortgage whether with or without possession , exchange , partition, lease, surren- for re-
       der or otherwise shall be registered by tuy registering authority in a taluka to which gistration
       this Chapter is applied under sub-section (1 ) or re-applied under sub-section ( 3 ) of of trans-
       section 135 LL unless suon document is accompanied by the agriculturist pass -book  fer of
       relating to such land.                                                              agricul-
                                                                                           tural land
         (2) The registering authority shall after registering such document make necessary to accom.
       entries in the agriculturist pass - book of the agriculturist and thereafter return the pany the
       pass-book to the agriculturist.                                                     agricul-
         (3) The registering authority shall make  report in writing of such registration to turist
      the competent authority.                                                              pass -book.
         135 000.  The competent authority shall be responsible to keep , the agriculturist Responsi-
                   pass-book andand the duplicate agriculturist pass -book retained by it,  bility of
                   up-to-date by makin'; necessary entries therein as provided in sections  competent
                   135P and 1350, respectively." .                                          authority.
       7. In the principal Act, for section 135P, the following shall be substituted,       Substi-
    namely:-                                                                                tution of
                                                                                            section
                                                                                            135P of
                                                                                            Bom . V
                                                                                            of1879 .
         "135P.  Whenever entrios are transferred from the register of mutations to the     Agricul
       record of rights under section 135D , the competent   authority shall call for the   turists
       agriculturist pass -book from the concerned agriculturist and thereupon the agricul- pass
       turist shall produce the agriculturist pass -book before the competent authority     book to
       within such period as may be prescribed by rules made under this Act and on such     be kept...
       production of pass -book, the competent authority shall make entries therein,        up-to -date .
       corresponding to those in the record of rights and keep such pass -book up -to -date ." .
         8. In the principal Aot, for section 135R including the Explanation thereunder, the Substi-
                                                                                            tution of
       following shall be substituted, namely:--                                            section
                                                                                            135R of
                                                                                            Bom . V
                                                                                            of1879 .
                                                                                            Mode of
         " 135R. A certified copy of any entry not being an entry made by a bank or         proofof
       registering authority in-                                                            entries in
           (a) the duplicate agriculturist pass -book maintained by the competent authority, agricul-
          or                                                                                turist
            (b) the agriculturist pass -book of the agriculturist,                          pass-book,
         shall in all 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 therein 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, the following sections of new Insertion
     and Explanation shall be added, namely:-                                                sections
                                                                                             and Ex-
                                                                                            planation

:

in Chapter XB of Bom . V. of1879 .

L

INDEX PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

10-4 ]

"1355. Any agriculturist who contravenes the provision of section 135P shall be punished withwit fine which may extend to two hundred rupees .

Penalty for contraven- tion of section 135P.

Penalty

for unauthori-

135T. Any person who unauthorisely makes, alters or deletes any entry in the pass-book от furnishes false information to the competent authority in relation to the pass -buck shall be punished with fine which may extend to are thousand rupees .

sed alter-

Explanation . For the purposes of this Chapter,-

(i) the expression 'agriculturist ' icons land holder who holds hadar the pur- pose of agricolture ;

pass- wok or furnish- ing false infor- mation,

(ii ) the expression 'competent authority' means such rovenne officer as the State Government may, by notification in the Official Garette, appoint ;

(iii) the expression ' registering authority' means the registering officer appointed under the Registration Act, 1905 .

XVI of190

10. In the principal Act , in section 214, in sub -section (2 ) , after clause ( the following clause shall be added , namely:-

"(v) regulating the supply of agriculturist pass -book. " ,

Amend- ment of section 214 of Bom . V. of1879.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX C

R લ પ્રમ

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, JULY 29 , 1995/SRAVANA 7, 1917

Vol . XXXVI)

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 28th July, 1995 is hereby published for general information .

KUM H. K. JHAVERI ,

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

GUJARAT ACTNO . 10 OF 1995 ..

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 29th July, 1995) .

AN ACT

to authorise payment and appropriation of certain sums from and out ofthe Consolidated Fund ofthe State of Gujarat for the services of the financial year ending on the thirty-first day ofMarch, 1996.

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

Shorttitle .

1. This Act may be called the Gujarat Appropriation Act, 1995.

Rs . Withdrawal 2. From and out of the Consolidated Fund of the State ofGujarat, there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in of the aggregate to the sum of seven thousand seven hundred eighty- four crores , twenty - one lakhs, eighteen thousand rupees towards defraying the several charges which will come in course of payment during the finanical year 1995-96, in respect of the services and purposes specified in column 2 of the schedule .

77,84,21,18,000 from and out of the Consolidated Fund of the State ofGujarat forthe financial year 1995-96.

Appropriation .

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

INDEX 11-2]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

[ PART IV

THE SCHEDULE

(See sections 2 and 3)

Services and purposes

No. of Vote/ Appropri-

ation

2

1

Revenue 1 Agriculture , Co - operation and Rural Development Department

Revenue 2 Agriculture

Capital

Revenue 3

Capital Minor Irrigation, Soil Conservation and Area Development

Revenue 4

Capital Animal Husbandry and Dairy Development

Revenue 5 Co-operation

Capital

Revenue 7 Education Department

Sums not exceeding

Total Voted

Charged

on the Consolidated

-Fund

3

1,68,32,000 1,68,32,000

2,61,87,26,000 2,61,87,26,000

3,36,66,000 3,36,66,000

28,37,90,000 28,37,90,000

61,67,000 61,67,000

28,35,76,000

28,35,76,000

2,67 000

2,67,000

12,86,85,000 12,86,85,000

10,54,89,000 10,54,89,000

96,77,000

96,77,000

12,00,61,40,000

31,80,67,000

11,68,80,73,000

Revenue 8 Education

Capital

9 Other Expenditure pertaining Revenue to Education Department

Revenue 10

Energy and Petrochemicals Department

Revenue

11 Tax collection charges (Energy and Petrochemicals Department)

Revenue 12 Energy Projects

Capital

13

Capital Other Expenditure pertaining to Energy and Petro- Chemicals Department

Revenue 14 Finance Department

Capital

INDEX

3,55,000

3,55,000

3,34,76,000 3,34,76,000

39,33,000 39,33,000

2,04,00,000

2,04,00,000

2,62,94,40,000 2,62,94,40,000

2,14,33,00,000 2,14,33,00,000

2,02,17,000

2,02,17,000

2,71,000 2,71,000 وسد

No. of

Sums not exceeding

Services and purposes

Total Vote/ Appropri-

Voted

ation

Charged onthe Consolidated Fund

3

2

1

21,29,73,000

21,29,73,000

Revenue

15 Tax collection charges . (Finance Department)

13,79,46,000

13,79,46,000

Revenue

16 Treasury and Accounts Administration

2,30,25,00,000

6,67,000

2,30,18,33,000

Revenue

17. Pensions and other Retirement Benefits

4,29,68,53,000

4,29,68,53,000

Revenue

18

17,33,000

66,000

16,67,000

Capital

OtherExpenditure pertain tingto Finance Department

8,02,16,06,000

8,02,16,06,000

Revenue

? 19

4,37,52,47,000

4,37,52,47,000

Capital

Repayment of Debt pertain- ing to Finance Department and it's servicing

2,20.28 non

Revenue

2,20,28,000

20 Food and Civil Supplies Department

1,21,97,92,000

1,21,97,92,000

Revenue

21 Civil Supplies

67,000

67,000

Capital

4,74,69,000

4,74,69,000

Revenue

Food

22

35,95,000

35,95,000

Capital

44,63,000

50,000

Revenue

44,13,000

24 Forest and Environment Department

39,01,32,000

Revenue 39,01,32,000

Forests

25

28,30,73,000

28,30,73,000

Capital

1,25,25,000

25,000

Revenue

1,25,00,000

Environment

26

60,80,000

60,80,000

Revenue

Governor

28

1,89,83,000

1,89,83,000

Revenue

Council ofMinisters

29

18,33,71,000

18,33,71,000

Revenue

30 Elections

1,23,11,000

93,44,000

29,67,000

Revenue

Public Service Commission

31

7,11,06,000

52,000

7,10,54,000

Revenue

32 General Administration Department

3,33,65,000

3,33,65,000

Revenue

33 Economic Advice and Statistics

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

11-4]

Sums not exceeding

Services and purposes

Total

Voted

Charged

No. of Vote/ Appropri- ation

onthe Consolidated Fund

3

2

1

20,98,08,000

Revenue 20,98,08,000

34 OtherExpenditure pertaining to General Administration Department

2,83,03,000

2,67,000

Revenue 2,80,36,000

35 State Legislature

1,39,51,000

1,39,51,000

Revenue

37 Health and Family Welfare Department

2,29,75,55,000

1,16,000

Revenue 2,29,74,39,000

Medical and Public Health

38

45,13,00,000

4,48,000

45,08,52,000

Revenue

39 Family Welfare

38,92,43,000

38,92,43,000

Revenue

40 Water Supply

1,16,50,51,000

1,16,50,51,000

Capital

44,46,53,000

44,46,53,000

Revenue

41 OtherExpenditure pertain- ing to Health and Family Welfare Department

1,31,58,000

1,31,58,000

Revenue

42 Home Department

2,37,10,63,000

2,37,10,63,000

Revenue

Police

43

8,24,95,000

8,24,95,000

Revenue

Jails

44

58,69,65,000

58,69,65,000

Revenue

45 Transport

15,63,85,000

15,62,85,000

Revenue

46

7,97,42,000

7,97,42,000

Capital

OtherExpenditure pertain- ing to Home Department

81,85,000

81,85,000

Revenue

47 Industries and Mines Department

16,52,73,000

16,52,73,000

Revenue

48 Stationery and Printing

60,11,13,000

60,11,13,000

Revenue

Industries

49

1,51,59,83,000

1,51,59,83,000

Capital

6,97,07,000

6,97,07,000

Revenue

Mines and Minerals

50

58,33,000

58,33,000

Revenue

51 Other Expenditure pertain-

Capital

ing to Industries and Mines Department

22,80,000

22,80,000

Revenue

52 Information, Broadcasting

Amant

INDEX PART IV]

11-5

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

No. of

Services and purposes

Vote/ Appropri-

ation

2

1

Sums not exceeding

Total

Charged

Voted

onthe Consolidated Fund

3

11,19,43,000

11,19,43,000

Revenue 53 Information and Publicity

Capital

2,15,27,000 2,15,27,000

Revenue Tourism

54

Capital

Revenue 55 OtherExpenditure pertaining to Information, Broadcasting and Tourism Department

Revenue 56 Labour and Employment Department

17,67,000

17,67,000

1,04,39,000

1,04,39,000

48,29,000

48,29,000

37,76,57,000 37,76,57,000

Revenue 57 Labour and Employment

Capital

Revenue 59 Legal Department

Capital

Revenue Administration of Justice

60

Revenue 61 Other Expenditure pertainingto Legal Department

Revenue 62 Legislative and Parliamentary Affairs Department

Revenue 64 Narmada and Water Resources Department

67,000

67,000

69,37,000

69,37,000

17,000 17,000

31,26,57,000

4,06,10,000

27,20,47,000

1,05,70,000 1,05,70,000

56,63,000

56,63,000

1,43,50,000 1,43,50,000

6,03,80,39,000

6,03,80,39,000

Capital 65 Narmada Development Scheme

Revenue 66 Irrigation and Soil

,75,53,72,000

10,86,000

3,75,42,86,000

1,23,03,01,000

18,75,000

1,22,84,26,000

Capital Conservation

Revenue 67 OtherExpenditure pertaining to Narmada and Water Resources Department

Revenue 68 Panchayats and Rural Housing Department

INDEX

29,26,000

19,31,000

9,95,000

96,57,000 96,57,000 [ PART IV 11-6]

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appropri- ation

Charged onthe Consolidated Fund

3

2

1

59,52,95,000

59,52,95,000

Revenue

69 Community Development

59,47,80,000

37,04,07,000

22,43,73,000

Revenue

70 Rural Housing

3,39,67,000

3,39,67,000

Capital

13,69,52,000

13,69,52,000

Revenue

71 Compensation and Assignments

7,22,87,000

Revenue

7,22,87,000

72 OtherExpenditure per- tainingto Panchayats and Rural Housing Department

8,15,23,000

8,15,23,000

Revenue

Fisheries

73

1,37,00,000

1,37,00,000

Capital

4,80,17,000

4,80,17,000

Capital

Ports

74

25,91,000

25,91,000

Revenue

75 Other Expenditure pertain- ingto Ports and Fisheries Department

2,26,23,000

2,26,23,000

Revenue

76 Revenue Department

21,42,53,000

21,42,53,000

Revenue

77 Tax collection charges (Revenue Department)

21,47,23,000

4,50,000

21,42,73,000

Revenue

District Administration

78

1,05,19,67,000

1,05,19,67,000

Revenue

79

3,50,00,000

3,50,00,000

Capital

Relief on account of natural calamities

9,52,60,000

9,52,60,000

Revenue

80 Dang District

6,47,20,000

18,13,000

6,29,07,000

Revenue

81

54,67,000

15,34,000

39,33,000

Capital

Compensation and Assignments

34,85,000

34,85,000

82

Revenue

6,80,000

6,80,000

Capital

OtherExpenditure pertaining to Revenue Department

1,62,80,000

1,62,80,000

Revenue

83 Roads and Buildings Department

67,40,43,000

2,08,000

Revenue 67,38,35,000

84 Non-residential Buildings

44,93,07,000

76,000

44,92,31,000

Capital

INDEX PART IV]

11-7 GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

No. of

Sums not exceeding Services and purposes

Vote/ Appropri-

Voted

Total ation

Charged onthe Consolidated Fund

3

2

1

27,72,63,000 85

27,72,39,000

24,000

Residential Buildings

11,85,20,000

11,85,20,000

Revenue Capital

3,55,000

86

1,65,45,29,000

1,65,48,84,000 Roads and Bridges

41,96,56,000

41,96,56,000

Revenue Capital

1,80,97,000 87

Revenue 1,80,97,000

       GujaratCapital
       Construction Scheme        Capital       4,70,00,000                            4,70,00,000
 :
 88    OtherExpenditure           Revenue       4,59,41,000          4,03,000          4,63,44,000
       pertaining toRoads and     Capital         33,33,000                              33,33,000
       Buildings Department
 89    Social Welfare and Tribal  Revenue         77,60,000                              77,60,000
       DevelopmentDepartment
 90    StateExcise                Revenue       1,87,20,000                            1,87,20,000
 91    Social Security and Welfare Revenue     71,17,38,000                           71,37,38,000
                                  Capital       1,84,03,000                            1,84,03,000
 92    Welfare of Scheduled Tribes Revenue     20,28,84,000                           20,28,84,000
                                  Capital         37,43,000                             37,43,000
 94    Special Component Plan for Revenue      97,77,13,000                           97,77,13,000
       Scheduled Castes           Capital       8,02,70,000                            8,02,70,000
95     Tribal Area Sub Plan       Revenue    2,34,50,05,000         2,16,000        2,34,52,21,000
                                  Capital      72,59,84,000-                          72,59,84,000
 96   UrbanDevelopment and        Revenue        50,13,000                              50,13,000
      Urban Housing Department
97    UrbanHousing                Revenue       5,68,45,000       9,07,10,000        14,75,55,000
                                  Capital       3,56,20,000                            3,56,20,000
98    Urban Development           Revenue     47,95,67,000                           47,95,67,000
                                  Capital      13,24,00,000                          13,24,00,000
99    Compensation,Assignments    Revenue     20,29,00,000       4,67,35,000         24,96,35,000
      and Tax Collection Charges
                                 Revenue        1,00,15,000                           1,00,15,000

100 Other Expenditure pertaining to Urban Development and Urban Housing Department

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

11-8]

Services and purposes

No. of Vote/ Appropri- ation

2

1

Revenue 101 Youth Services and Cultural Activities Department

Revenue

Sums not exceeding

Total Voted

Charged onthe Consolidated Fund

3

23,49,000 23,49,000

7,21,22,000 7,21,22,000

102 Youth Services and Cultural Activities

58,65,98,54,000 8,91,37,70,000

49,74,60,84,000

Revenue

Total:

19,18,22,64,000 4,37,87,98,000

14,80,34,66,000

Capital

77,84,21,18,000 13,29,25,68,000

64,54,95,50,000

Grand Total

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO. G/GNR/2 Extra No. 12

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVI ]

SATURDAY, JULY 29, 1995/SRAVANA 7, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances premolgated and Regulations made by the Governor.

The following Act of the Gujarať Legislature , having been assented to by the Governor on the 29th July , 1995 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACTNO . 11 OF 1995 .

(First published, after having received the assent of the Governor in the " Gujarat Government Gazette 'o'n the 29th July , 1995) .

AN ACT

further to amend the Gujarat Entertainments Tax Act, 1977.

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

1. (1) This Act may be called the Gujarat Entertainments Tax ( Amendment) Short Act, 1995.

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

title and com- mence- ment.

Guj . 16 of 1977.

2. In the Gujarat Entertainments Tax Act, 1977 ( hereinafter referred to as ' the principal Act ' ) , in section 2, for clause ( i) , the following shall be substituted, namely: --

" (i ) " prescribed officer " means such officer as may be prescribed; " .

Amend ment of section 2 of Guj . 16 of 1977.

12--1

IV-Ex-12-1

INDEX 12-2]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

[ PART IV

3. In the principal Act, in section 6B, for sub - sections ( 1) and (2), the following shall be substituted , namely : -- A

Amendment ofsection 6B ofGuj . 16 of 1977 .

:

"(1)Notwithstanding anything contained in section 3, 4, 6 or 6A of this Act, where the proprietor provides entertainment by way of maintenance or operation of cable connections , there shall be levied and paid by every proprietor , to the State Government, for exhibition of films or moving pictures or series of pictures or serials orany other programme with the aid of any type of antenna or cable television , a tax at the following rates , namely :

Forurban area .

Forother area .

Rs. 600 per month

(a) in case of such cable connections not exceeding one hundreû.

(b) in case of such cable connections exceeding one hundred .

Rs. 300 per month .

Rs . 600 plus Rs . 300 for every additional fifty, connections or any part thereof, per month

Rs . 300 plus Rs . 150 for every additional fifty connections or any part thereof , per month.

(2) Where such numbers of cable connections increase in any quarter during the financial year , the proprietor shall be liable to pay the tax at the rates specified under sub-section ( 1) for such quarter. " .

4.In the principal Act , in section 6 C, ---

Amendment ofsection 6C ofGuj . 16 of 1977.

(1) for the word " Collector of Entertainments Tax " , occuring at three places , the words "prescribed officer " shall be substituted;

(2) in sub- section ( 3) , the words " of the district where the place of entertainment is situate " shall be deleted.

5. In the principal Act , in section 6D , for the words " Collector of Entertain- ments Tax " , the words " prescribed officer ' shall be substituted .

Amendment of section 6D of Guj . 16 of1977 .

6. In the principal Act, in section 12, in sub - section (1) , for the words " Collec- tor of Entertainments Tax " , the words " prescribed officer " shall be substituted .

Amendment of section 12 ofGuj . 16 of 1977.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO. G/GNR/2 Extra No. 13

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI]

SATURDAY, JULY 29, 1995/ SRAVANA 7, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governer.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th July , 1995 is hereby published for general information .

KUM. H. K. JHAVERI ,

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

GUJARAT ACT NO . 12 OF 1995 .

(-First published after having received the assent of the Governor in the Gujarat Government Gazette on the 29th July, 1995 ) .

AN ACT

further to amend the Bombay Court-fees Act, 1959 .

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

Shorttitle and commence- ment.

1. (1) This Act may be called the Bombay Court- fees (Gujarat Amendment) Act, 1995.

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

Bom . XXXVI

2. In the Bombay Court- fees Act, 1959 (hereinafter referred to as " the principal Act " ) . in section 6, in cluase (iv) , in sub- clause (j ) , for the words " thirty rupees " , the words " two hundred rupees " shall be substituted.

of 1959

Amendment of section 6 of Bom . XXXVI of1959 .

3. In the principal Act, in Schedule I,

Amendment of Schedule I to Bom . XXXVI of1959 .

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

13-1

INDEX [ PART IV 13-2]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

1

2

3

As per rate specified in the Table annexed at the end of this Schedule. " ;

" 1. Plaint or memorandum of appeal ( not other- wise provided for in this Act) or of cross objection presented to any Civil or Revenue Court.

(2) inArticle 15, in column 3, for the words " fifteen rupees " , the words " fifty rupees " shall be substituted;

(3) in Article 16, in column 3, for the words " fifty rupees " , the words " two hundred rupees " shall be substituted;

(4) in Article 17, in column 3 , for the words "fifty rupees " , the words " two hundred rupees " shall be substituted;

(5) for the existing Table appearing after Article 17, the following shall be substituted , namely :-

TABLE

(See Article 1 of Schedule I)

Table of rates of ad valorem fees leviable on institution of suits , etc.

But does not

exceed

 When the amount or                           Propercourt
 value of the subject                         fee.
 matter in dispute
 exceeds
           (1)                 (2)                (3)
 Rs .                         Rs.            Rs.
                            15,000            2.5% On claim amount.
 15,000                     15,500            1135
 15,500                     16,000            1170
16,000                      16,500-           1205
16,500                      17,000            1240
 17,000                    17,500             1275
17,500                     18,000             1310
18,000                     18,500             1345
18,500                     19,000             1380
19,000                     19,500             1415
19,500                     20,000             1450
20,000                     21,000             1495
21,000                     22,000             1540
22,000                     23,000             1585
23,000                     24,000             1630
24,000                     25,000             1675
25,000                     26,000             1720
26,000                     27,000             1765
27,000                     28,000             1810
28,000                     29,000             1855
29,000                     30,000             1900

INDEX PART IV]

[13-3

GUJARAT GOVERNMENT GAZETTE, EX . , 29-7-1995

(1)

30,000

32,000

34,000.

36,000

38,000 (3)

(2)

1960

32,000

2020

34,000

2080

36,000

2140

38,000

2200

40,000

2260

42,000

40,000

2320

44,000

42,000
44,000                    46,000            2380
46,000                    48,000            2440
48,000                    50,000            2500
50,000                    55,000           3300
55,000                    60,000            3600
                                            3900

65,000

                 60,000
                 65,000                     70,000            4200
                 70,000                     75,000            4500
                 75,000                     80,000            5200
                 80,000                     85,000            5525
                 85,000                     90,000            5850
人                                          95,000             6175
                 90,000
                 95,000                                       6500
                 1 lakh                    2 lakhs           15,000

3 lakhs

2 lakhs                                          22,500
3 lakhs                       4 lakhs            30,000
4lakhs                        5 lakhs             37,500
5 lakhs                       6 lakhs            45,000
6 lakhs                       7 lakhs            52,500
7 lakhs                       8 lakhs            60,000
8 lakhs                       9 lakhs            67,500
9 lakhs

10 lakhs

10 lakhs 75,000

11 lakhs

11 lakhs 77,000

12 lakhs

12 lakhs 84,000

13 lakhs

13 lakhs 91,000

14 lakhs

14 lakhs 98,000

15 lakhs

15 lakhs 1,05,000

16 lakhs

16 lakhs

17 lakhs 1,12,000

17lokhe

1,10,000

18 lakhs

18 lakhs 1,26,000

19 lakhs

19 lakhs 1,33,000,

20 lakhs

20 lakhs 1,40,500

21 lakhs

21 lakhs 1,41,000

22 lakhs

22 lakhs 1,43,000

23 lakhs

23 lakhs 1,49,500

24 lakhs

24 lakhs 1,56,000

25 lakhs

25 lakhs 1,62,500

26lakhs

26lakhs 1,69,000

27 lakhs

27 lakhs 1,75,500

28 lakhs

28 lakhs 1,82,000

29 lakhs

29 lakhs 1,88,500

30 lakhs

30 lakhs

31 lakhs 1,95,000

31 lakhs

1,95,300

32lakhs

32 lakhs 1,96,800

33 lakhs

33 lakhs 1,98,000

34 lakhs

34 lakhs 2,04,000

35 lakhs

35 lakhs 2,10,000

36 lakhs

INDEX

2,16,000 { PART IV

GUJARAT GOVERNMENT GAZETTE, EX ., 29-7-1995

13-4]

(1)

(3)

(2)

2,22,000 37 lakhs

36 lakhs

2,28,000 38 lakhs

37 lakhs

2,34,000 39 lakhs

38 lakhs

2,40,000 40 lakhs

39 lakhs

2,41,900 41 lakhs

40 lakhs

2,43,600 42lakhs

41 lakhs

2,45,100 43 lakhs

42 lakhs

2,46,400 44 lakhs

43 lakhs

2,47,500 45 lakhs

44 lakhs

2,53,000 46 lakhs

45 lakhs

2,58,500 47 lakhs

46 lakhs

2,64,000 48 lakhs

47. lakhs

2,69,500 49 lakhs

48 lakhs

2,75,000 50 lakhs

49 lakhs .

2,75,400 51 lakhs

50 lakhs

2,75,600 52 lakhs

51 lakhs

2,78,250 53 lakhs

52 lakhs

2,80,800 54 lakhs

53 lakhs

2,83,250.

55 lakhs

54 lakhs

2,85,600 56lakhs

55 lakhs

2,87,850 57 lakhs

56 lakhs

2,90,000 58 lakhs

57 lakhs

2,95,000 59 lakhs

58 lakhs

60 lakhs

59 lakhs

3,01,950 61 lakhs

60 lakhs

3,03,800 62 lakhs

61 lakhs

3,05,550 63 lakhs

62lakhs

3,07,200.

64 lakhs

63 lakns

3,08,750 65 lakhs

64 lakhs

3,10,200 66 lakhs

65 lakhs

3,11,550 67 lakhs

66 lakhs

3,12,800 68 lakhs

67 lakhs

3,13,950 69 lakhs

68 lakhs

3,15,000 70 lakhs

69 lakhs

3,15,950 71 lakhs

70 lakhs

3,16,800 72 lakhs

71 lakhs

72lakin 72 lobhe

3,17,550

3,18,200 74 lakhs

73 lakhs

3,18,750 75 lakhs

74 lakhs

3,19,200.

76 lakhs

75 lakhs

3,19,550 77 lakhs

76 lakhs .

3,19,800 78 lakhs

77 lakhs

3,19,950 79 lakhs

78 lakhs

3,20,000 80 lakhs

79 lakhs

3,22,380 81 lakhs

80 lakhs

3,25,540 82 lakhs

81 lakhs

3,27,850 83 lakhs

82lakhs

3,29,200 24 labhe

83 lakhs

84 lakhs

3,31,500 85 lakhs.

3,33,680 86 lakhs

85 lakhs

3,35,820 87 lakhs

86 lakhs

3,37,040 88 lakhs

87 lakhs

3,38,200 89 lakhs

88 lakhs

3,40,200 90 lakhs

89 lakhs

3,42,160 91 lakhs

90 lakhs

INDEX PART IV]

13-5

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

(2) (1)

92 lakhs 91 lakhs

93 lakhs 92lakhs

94 lakhs 93 lakhs

95 lakhs 94 lakhs

96 lakhs 95 lakhs

97 lakhs 96 lakhs

98 lakhs 97 lakhs

99 lakhs 98 lakhs

One crore.

99 lakhs

(3)

3,44,080

3,45,960

3,47,800

3,48,650

3,49,440

3,50,170

3,52,800

3,53,430

3,55,000

and thereafter the court fees shall be increased at the rate of rupees two thousand for every additional one lakh rupees or part thereof.

4. In the principal Act, in the schedule II ,-

(1) in Article 1, in column 3,---

Amendment of

Schedule II to

Bom. XXXVI

of1959.

(a) for the words " Twenty naye paise " , the words "One rupee " shall be substituted;

(b) for the words " Thirty- five naye paise " , the words " One rupee " shall be substituted;

(c) for the words " Sixty - five naye paise " , the words " Two rupees " shall be substituted;

(d) for the words " One rupee " , the words " Five rupees " shall be substituted;

(e) for the words " Two rupees fifty naye paise " , the words "Five rupees " shall be substituted;

(f) for the words " Fifty rupees " , the words "Five hundred rupees " shall be substituted;

(g) for the words " Twenty rupees " , the words " Two hundred rupees " shall be substituted;

(h) for the words " Five rupees " , the words "Fifty rupees " shall be substituted;

(2) inArticle 2, in column 3, for the words " Ten rupees " , the words " Fifty rupees " shall be substituted;

(3) in Article 3, in column 3, for the words "Two rupees " , the words " Five rupees " shall be substituted;

(4) in Article 4, in column 3, for the words "Fifty naye paise " , the words " One rupee " shall be substituted;

(5) in Article 7, in column 3, for the words " One rupee " , the words " Five rupees " shall be substituted;

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

13-6]

(6) inArticle 9,

of V

1898.

2 of 1974.

(a) in column 1, for the words and figures " Code of Criminal Procedure, 1898 ", the words and figures " Code of Criminal Procedure , 1973 " shall be substituted;

(b) in column 3, for the words " One rupee twenty - five naye paise " , the words " Two rupees " shall be substituted.

(7) in Article 10, in column 3, for the words " Twenty - five naye paise " , the words "One rupee " shall be substituted;

(8) inArticle 11, in column 3, for the words "One rupee twenty- five naye paise " , the words " Three rupees " shall be substituted;

(9). in Article 12, in column 3, --

(a) for the words "One rupee " , the words " Two rupees " shall be substituted ;

(b) for the words " Two rupees " , the words " Three rupees " shall be sub- stituted;

(c) for the words " Four rupees " , the words " Five rupees " shall be substituted;

(10) in Article 13, in column 3, --

(a) for the words " One rupee " , the words " Two rupees " shall be substituted ;

(b) for the words " Two rupees and fifty naye paise " , the words " Ten rupees " shall be substituted;

(c) for the words " Five rupees " , the words " Fifteen rupees " shall be sub- stituted;

(11) in Article 14, in column 3, --

(a) for the words " Ten rupees " , the words " Twenty rupees " shall be sub- stituted;

(b) for the words " Twelve rupees fifty naye paise " , the words " Fifty rupees " shall be substituted;

(12) in Article 15, in column 3, for the words "Fifty naye paise " , the words " One rupee " shall be substituted;

(13) in Article 16, in column 3, --

(a) for the words " Five rupees " , the words " Ten rupees " shall be substituted; (b) for the words "One rupee " , the words " Five rupees " shall be substituted;

(14) in Article 17, in column 3, for the words " Thirty - seven rupees fifty naye paise " , the words "Fifty rupees " shall be substituted ;

(15) in Article 18, in column 3, --

(a) for the words " Fifteen rupees " , the words "Fifty rupees " shall be sub- stituted;

INDEX PART IV]

13-7

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

(b) for the words "Two rupees fifty naye paise " , the words " Five rupees " shall be substituted;

(c) for the words " Six rupees twenty - five naye paise " , the words " Ten rupees " shall be substituted;

(d) for the words " Twelve rupees fifty naye paise " occuring at three places , the words "Twenty rupees " shall be substituted;

(16) in Article 20, in column 3 , for the words " Thirty-seven rupees fifty naye paise" , the words " Forty rupees " shall be substituted; :

(17) in Article 21 , in column 3 , for the words "Thirty- seven rupees fifty naye paise" , the words " Forty rupees " shall be substituted;

(18) inArticle 22, in column 3, for the words " Two rupees " , the words " Five rupees " shall be substituted;

(19) in Article 23, in column 3, --

(a) for the words "Thirty - seven rupees fifty naye paise " occuring at four places, the words " Forty rupees " shall be substituted;

(h) for the words "Eighteen rupees seventy- five naye paise " , the words " Twenty rupees " shall be substituted;

(c) for the words " Thirty rupees " , the words " Two hundred rupees " shall be substituted;

(20) in Article 24, in column 3, --

(a) for the words " One rupee " , the words "Two rupees " shall be substituted ;

(b) for the words " Two rupees " , the words " Five rupees " shall be substituted;

(21) in Article 25, in column 3 , --

(a) for the words "Two rupees " , the words " Five rupees " shall be substituted;

(b) for the words "Three rupees " , the words " Five rupees " shall be sub- stituted;

(c) for the words " Six rupees " , the words " Ten rupees " shall be substituted;

(22) inArticle 26, in column 3, for the words " One rupee twenty- five naye paise ", the words " Two rupees " shall be substituted;

(23) in Article 27, in column 3, for the words " Sixty - five naye paise " , the words "One rupee " shall be substituted;

(24) inArticle 28, in column 3, for the words " Two rupees " , the words "Five rupees " shall be substituted;

(25) in Article 29, in column 3, for the words " One rupee " , the words " Two rupees " shall be substituted;

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

13-8]

(26) in Article 30, in column 3, for the words "One rupee " , the words " Two rupees " shall be substituted;

(27) inArticle 31, in column 3, for the words " One rupee " , the words " Two rupees " shall be substituted;

(28) in Article 32, --

(a) in column 1, for the words , letters and figures " Chapter IV of the Motor Vehicles Act, 1939 " the words , letter and figures " Chapter V of the Motor Vehicles Act, 1988 " shall be substituted:

IV of 1939. 59 of 1988.

(b) in column 3, for the words " Five rupees " , the words " Ten rupees " shall be substituted;

(29) in Article 33, --

(a) in column 1, the brackets and words " (of Ahmedabad) " shall be deleted;

(b) in column 3, --

(i) for the words "Ten rupees " , the words "Fifty rupees " shall be substituted;

(ii) for the words " Fifty rupees " , the words " One hundred rupees " shall be substituted;

(iii) for the words "One hundred rupees " , the words " Five hundred rupees " shall be substituted;

(30) in Article 34, in column 3, --

(a) for the words " Fifty rupees " , the words " One hundred rupees " shall be substituted;

(b) for the words "Ten rupees " , the words " Twenty rupees " shall be sub- stituted;

(31) in Article 35, in column 3, --

(a) for the words " Two rupees fifty naye paise " occuring at two places , the words "Ten rupees " shall be substituted;

(b) for the words " Five rupees " , the words " Ten rupees " shall be substituted;

(c) for the words "One rupee " , the words " Ten rupees " shall be substituted;

(32) in Article 36, in column 3, for the words "Five rupees " , the words " Twenty rupees " shall be substituted;

(33) in Article 37,-

V of 1898 .

2 of1974.

(a) in column 1, for the words and figures "Code of Criminal Procedure Code, 1898 ", the words and figures " Criminal Procedure Code , 1973 " shall be substituted;

(b) incolumn 3, for the words "One rupee " , the words "Ten rupees " shall be substituted;

INDEX [PART IV GUJARAT COVERISMENT GAZETTE , EX , 29-7-95 13-9

(34) after Article 38, the following new Article shall be added, namely:---

1

2

"39. Application for adjournment presented to the Court in any proceedings.

3

Fiverupees".

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

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

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI] SATURDAY , JULY 29 , 1995 /SRAVANA 7, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances proumigated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 29th July, 1995 is hereby published for general information.

KUM H. K. JHAVERI ,

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

GUJARAT ACTNO . 13 OF 1995 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 29th July, 1995) .

AN ACT

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

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

1. (1) This Act may be called the Bombay Motor Vehicles Tax ( Gujarat Amend- ment) Act, 1995.

Short title and comm- ence ment.

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

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

LXV of 1958.

(1) after clause (2), the following new clause shall be inserted , namely:-

Amend ment of section 2 of Bom . LXV of 1958.

14-1

INDEX GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

[ PART IV

59 of 1988 .

" (2A) ' half year ' means a period of six months commencing on the first day . of the month in which a motor vehicle is registered or a new registration mark is assigned to it under the Motor Vehicles Act, 1988 and the term ' half yearly ' shail be construed accordingly; " ;

(2) for clause (4) , the following shall be substituted, namely: -

59 of 1988 .

"(4) ' quarter' means a period of three months commencing on the first day of the month in which a motor vehicle is registered or a new registration mark is assigned to it under the Motor Vehicles Act, 1988 and the term ' quarterly ' shall be construed accordingly ; " ;

(3) for clause (9), the following shall be substituted, namely:-

59 of 1988 .

"(9) ' year ' in relation to a fleet owner, means the financial year and in any other case , a period of twelve months commencing on the first day of the month in which a motor vehicle is registered or a new registration mark is assigned to it under the Motor Vehicles Act, 1988 ; " .

3. In the principal Act, in section 3A,-

Amendment of section 3A of Bom . LXV of 1958.

(1) in sub - section ( 1) , for the Table , the following shall be substituted namely :-

TABLE

Description of Designated omnibuses

Annual rate oftax

Rs. 2000 per passenger permittedto be carried.

1. ( a) Ordinary designated omnibuses permitted to be carried not more than twenty passengers .

Rs . 3000 per passenger permitted to be carried.

(b) Ordinary desinated omnibuses permitted to be carried more than twenty passengers .

Rs . 3600 per passenger permitted to be carried.

2. (a) Luxury or tourist designated omnibuses permitted to be carried not more than twenty passengers .

Rs. 4000 per passenger permitted to be carried.

(b) Luxury or tourist designated omnibuses permitted to be carried more than twenty passengers .

(2) in sub-section (3 ) , in clause ( a) ,-

(a) for the letters and figures " Rs . 72 " , the letters and figures " Rs . 144 " shall be substituted;

(b) for the letters and figures " Rs . 108 " , the letters and figures "Rs . 160 " shall be substituted;

(3) in sub - section (5) , in clause (a) , for sub- clauses (i) and ( ii) , the following shall besubstituted namely :-

(i) five hundred and one rupees per passenger permitted to be carried , in the case of an ordinary designated omnibus permitted to be carried not more than twenty passengers .

(ii) seven hundred fifty rupees per passenger permitted to be carried, in the case of an ordinary designated omnibus permitted to be carried more than twenty pas- sengers .

(iii) nine hundred rupees per passenger permitted to be carried, in the case of a luxury or tourist designated omnibus permitted to be carried not more than twenty passengers .

(iv) one thousand rupees per passenger permitted to be carried , in the case of a luxury or tourist designated omnibus permitted to be carried more than twenty passengers .

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

[14-3

4. Inthe principal Act, in section 4,-

(1) in sub -section (1) , for the words " of such motor vehicles " , the words, brackets , figure and letters " of such motor vehicles to which sub -section ( 1AA) does not apply " shall be substituted;

Amend ment of section 4 of Bom. LXV of 1958 .

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

"(1AA) Notwithstanding anything contained in sub - section ( 1) , the tax leviable under section 3 shall be paid in advance by every registered owner or any person having possession or control , of the following categories of vehicles , in the manner specified below, namely:-

Description of vehicles .

Manner of payment .

(a)

Annually or in the case of half yearly , at the rate equal to one- half of the annual rate plus ten percentum thereof.

the motor vehicles specified in clause III , under the heading 'A. Motor vehicles fitted solely with pneumatic tyres' , in Part I , or a motor vehicle of like description falling in Part II , of the First Schedule .

(b)

Annualiy." .

the motor vehicles licensed to carry in all upto six passengers specified in clause IV, under the heading 'A. Motor vehicles fitted solely with pneumatic tyres ' , in Part - I , or a motor vehicle of like description falling in Part - II , of the said Schedule .

5. In the principal Act, in the First Schedule , in Part - I , under the heading "A. Motor vehicles fitted solely with pneumatic tyres ,-

(1) in clause III ,-

(a) against entry (e) , for the figures " 1500 " , the figures " 1700 " shall be substituted;

Amend ment of First Sche- dule to Bom . LXV of 1958.

(b) against entry (g) , for the letters and figures " Rs . 125" , the letters and figures " Rs . 150 " shall be substituted;

(2) in clause VI , after entry (e) , the following entry shall be inserted, namely : --

"(f)

Rs . 1500 plus Rs . 200 for every additional 250 KG or part thereof, inexcess of 2250 KG .

(i) Tractors whether or not fitted with any equipment such as rigs , cranes , compressors or projectors , exceeding 2250 KG . in weight.

INDEX 14-4]

GUJARAT GOVERNMENT GAZETTE , EX . , 29-7-1995

[ PART IV

(ii) any motor vehicles exceeding 2250 KG in weight, unladen which are not intended to carry any passenger, goods or other load , and which are fitted with any equipment such as rigs , cranes , compressors or projectors , and are used for any special services or purposes " .

6. In the principal Act, in the Second Schedule, in Part- I, under the heading "A. Motor vehicles fitted solely with pneumatic tyres " ,-

(1) in clause I , for entries (c) , (d) and (e), the following shall be substituted, Amendment of Second Schedule to Bom . LXV of 1958 .

namely:-

"(c)

3500

cycles exceeding 100 KG in weight, unladen .

3500 .

(d) Tricycles

(e)

1000 in addition to the rates specified above.";

Cycles or tricycles used for drawing a trailer or side - car

(2) in clause III , for entries (a) , (b ) and (c) , the following shall be substituted , namely :-

"(a)

7000

Vehicles not exceeding 750 KG in weight, unladen

(b)

12000

Vehicles exceeding 750 KG in weight, unladen but not exceeding 1200 KG in weight, unladen .

(c)

20000".

Vehicles exceeding 1200 KG in weight, unladen but not exceeding 2250 KG inweight, unladen .

7. In the principal Act, in the Third Schedule , in Part- I , under the heading "A. Motor vehicles fitted solely with pneumatic tyres . ",

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

Amendment of Third Schedule to Bom . LXV of1958 .

INDEX 14-5

GUJARAT CERNMENT GAZETTE , EX . , 29-7-1995

PART IV]

" I. Motor cycles and tricycles (including motor-scooters and cycles with attachment for propelling the same by mechanical power)-

(i) owned by an individual, a local authority , a public trust, a University or an educational or social welfare institution

Cycles not exceeding 50KG in weight, unladen .

Rs. (a)

If the vehicle is already registered and its age from the month of registration is-- Maximum rate of lump sum tax

Tri cyc- les.

Cycle excee- ding 100 KG inweight, unladen..

Cycles and Tricycles used for drawing trailer or side-car.

Cycles exceeding 50 KG in weight, unladen, butnot exceed- ing 100 KG in weight unladen.

Rs . (e) Rs . (d)

Rs . (c)

Rs . (b)

In addition to the rates specified in column (a), (b) . (c) or (d) --

960/-

3290/-

3290/-

550/-1400/-

(i) not more than 2 years .

920/-

3080/-

3080/-

500/-1300/-

(ii) more than 2 years but not more than 3 years .

880/-

2870/-

2870/-

450/-1200/-

(iii ) more than 3 years but not more than 4 years .

840/-

2660/-

2660/-

400/-1100/-

(iv) more than 4 years but not more than 5 years .

800/-

2450/-

2450/-

350/- 1000/-

(v)more than 5 years but not more than 6 years .

760/-

2240/-

2240/-

300/-900/-

(vi) more than 6 years but not more than 7 years .

720/-

2030/-

2030/-

250/ - 800/ -

(vii) more than 7 years but not more than 8 years .

680/-

1820/-

1820/-

200/ - 700/-

(viii) more than 8 years but not more than 9 years .

640/-

1610/-

1610/-

150/- 600/-

(ix) more than 9 years but not more than 10 years .

INDEX 14-6]

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

[ PART IV

1400/- 1400/-

100/-

(x) more than 10 years but not more than 11 years .

500/-

600/-

1190/- 560/- 1190/-

60/-

(xi) more than 11 years but not more than 12 years .

400/-

520/-

980/-

980/-

60/-

(xii) more than 12 years but not more than 13 years .

300/-

770/-

770/-

480/-

60/-

(xiii) more than 13 years but not more than 14 years .

200/ -

560/-

440/-

560/-

60/- 100/-

(xiv) more than14 years .

Twice the rates specified above.";

(ii) owned by a person other than an individual , a local authority , a public trust, a University or an educational or social welfare institution .

(2) for clause III , the following shall be substituted , namely: --

" III . Motor vehicles other than those liable to tax under the foregoing provisions of this Schedule--

(i) owned by an individual , a local authority , a public trust, a University , or an educational or social welfare institution.

Maximum rate of lump sum tax

Vehicles not

Vehicles exceeding

exceeding

750KG

750 KG

Vehicles exceeding 1200 KG

inweight,

unladen .

inweight, unladen but not exceeding 2250 KG inweight, unladen .

inweight, unladen but not exceeding 1200 KG inweight, unladen .

Rs .

Rs .

Rs.

(a)

(b)

(c)

If the vehicle is already registered and its age from the month of registration is---

(i) not more than 2 years .

(iii) more than 2 years but not more than 3 years .

(iii) more than 3 years but not more than 4 years .

(iv) more than 4 years but

INDEX

19000

6610

11400

6220

18000

10800

17000

5830

10200

9600

16000

5440 PART IV]

14-7

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

not more than 5 years .

(v) more than 5 years but not more than 6 years .

(vi) more than 6 years but not more than 7 years .

(vii) more than 7 years but not more than 8 years .

(viii) more than 8 years but not more than 9 years.

(ix) more than 9 years but not more than 10 years .

(x) more than 10 years but not more than 11 years .

(xi) more than 11 years but not more than 12 years .

(xii) more than 12 years but not more than 13 years .

(xiii) more than 13 years but not more than 14 years .

(xiv) more than 14 years .

5050

9000

15000

4660

8400

14000

4270

7800

13000

3880

7200

12000

3490

6600

11000

3100

6000

10000

2710

9000

5400

2320

4800

8000

1930

4200

7000

3600

1540

6000

Twice the rates specified above . " .

(ii) owned by a person other than an individual , a local authority , a public trust , a University , or an educational or social welfare institution.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2

Extra No. 15

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVI ]

SATURDAY, JULY 29, 1995/ SRAVANA 7, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th July , 1995 is hereby published for general information.

KUM . H. K. JHAVERI,

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

GUJARAT ACT NO . 14 OF 1995 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 29th July, 1995) .

AN ACT

toprovidefor levy oftax on luxury commodities in the State ofGujarat.

Itis hereby enacted in the Forty- sixth Year of the Republic of India as follows:-

1. (1) This Act may be called the Gujarat Tax on Luxury Commodities Act, 1995 .

Short title , ex- tent and com- mencement .

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

(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 notification in the Official Gazette, appoint .

Definitions .

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

(1) " appointed day " means the date on which the remaining provisions of this Act shall come into force under sub - section (3) of section 1;

(2) " Commissioner" means a person appointed to be the Commissioner of Luxury Com- modities Tax under section 6 ;

(3) "importer" means a person who brings any of the luxury commodities into the State either on his own account or on account of others or to whom any of the luxury commodities are despatched from any place outside the State;

(4) " luxury commodities " means the commodities of luxury specified in the Schedule;

15-1

INDEX [ PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

15-2]

(5) "manufacturer " means a person who manufactures in the State any of the luxury commodities;

(6) "prescribed" means prescribed by rules made under this Act;

(7) "registered stockist " means a stockist registered under section 7;

(8) " rules " means rules made under this Act;

(9) "Schedule " means the Schedule appended to this Act;

(10) "stock" means stock of any of the luxury commodities;

(11) " stockist " means an importer or a manufacturer who , in the course of his business, possesses or controls a stock;

(12) "the State " means the State of Gujarat;

(13) " tax" means the tax on luxury commodities levied under this Act;

of 1970.

(14) " Tribunal " means the Gujarat Sales Tax Tribunal constituted under section 28 of the Guj . 1 Gujarat Sales Tax Act, 1969 , and discharging the functions of the Tribunal assigned to it by or under this Act;

(15) " value of stock " means-

(i) in relation to a stockist who is a manufacturer , the value of a stock of luxury commodities manufactured by him derived by aggregating the amount determined by ex - fac- tory price of such commodities prevailing at the time of their receipt or entry in his stock and the amounts of excise duty and of transport and insurance charges , if any, paid or payable by him,

(ii) in relation to a stockist who is an importer , the value of stock of luxury commodities imported by him derived by aggregating the amount determined by the price mentioned in consignor's bill, invoice or consignment note or such other document in respect of such import , and the amounts of central sales tax and other taxes and of transport and insurance charges , if any, paid or payable by him in respect of such import ;

(16) " year " means-

(i) in relation to any stockist who maintains regular books of accounts , the year by reference to which the accounts are maintained by him , and

(ii) in relation to any other stockist, a financial year :

Provided that a registered stockist shall not be entitled to vary the year by reference to which he maintains the books of accounts , except with the consent of the Commissioner and upon such conditions as the Commissioner may determine .

Incidence oftax . 3. (1) Every stockist who during the year commencing on the first day of the year within which the appointed day falls , has from time to time in his possession or control the stock, the aggregate value of which has exceeded or exceeds Rs . 50,000 shall, until such liability ceases under sub-section (3) , be liable to pay tax under this Act in respect of the stock received by him on or afterthe appointed day :

Providedthat where the aggregate value of stock in his possession or control first exceeds Rs. 50,000 after the appointed day, he shall not be liable to pay tax in respect of the stocks

INDEX [15-3 GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

PART IV]

: received by him upto the time when the aggregate value of stock in which the appointed day falls, first exceeds Rs . 50,000.

(2) Every stockist who during any year being an year subsequent to the year mentioned in sub-section (1) has from time to time in his possession or control the stock, the aggregate value of which first exceeds Rs . 50,000 shall , until such liability ceases under sub - section(3), be liable to pay tax under this Act with effect on and from the first day of the year :

Provided that the stockist shall not be liable to pay tax in respect of stock received by him , during the period commencing on the first day of any such year upto the time when the aggregate value of stock as computed from the said first day, first exceeds Rs . 50,000.

(3)Every stockist who has become liable to pay tax under this Act shall continue to be so liable until his registration is duly cancelled , and upon such cancellation his liability to pay tax other than the tax already levied or leviable shall until the aggregate value of stock in his possession or control again first exceeds Rs . 50,000 , cease :

Provided that where the stockist becomes liable to pay tax again in the same year in which he has ceased to be liable as aforesaid, then, in respect of such receipts as take place during the period commencing on the date of the cessation of liability to pay tax upto the time when the aggregate value of stock in his possession or control first exceeds Rs . 50,000, no tax shall bepayabl

Explanation For the purposes of this section and section 5, a stockist who is a manufacturer shall be deemed to have received the stock of any of the luxury commodities manufactured by him upon the entry of such manufacture made in his books of accounts .

Tax payable by stockist.

4. Subject to the provisions of this Act , and any rules made thereunder, there shall be paid by every stockist, who is liable to pay tax under this Act, the tax leviable under the provisions ofthis Act.

5. There shall be levied on the stock of any of the luxury commodities received by a stockist during a year, a tax at the rate of five per cent. of the aggregate value of such stock .

Levyoftax on the stock of com- modities of luxury.

Authorities for implementation oftheAct.

6. (1) For carrying out the purposes of this Act, the State Government may appoint an officer to be the Commissioner of Luxury Commodities Tax for the whole of the State of Gujarat who shall have and exercise all the powers and perform all the duties conferred or imposed on the Commissioner by or under this Act .

(2) To assist the Commissioner in execution of the functions under this Act, the State Government may appoint-

(a) one or more officers to be the Additional Commissioners of Luxury Commodities Tax, as the State Government may think necessary;

(b) such number of Deputy Commissioners of Luxury Commodities Tax, Assistant Commissioners of Luxury Commodities Tax and Luxury Commodities Tax Officers and other officers and persons (with such designations ) , as the State Government may think necessary .

(3)An officer appointed under clause (a) or (b) of sub- section (2) shall, within the limits ofsuch area as the State Govrnment may, by notification in the Official Gazette, specify , to be within his jurisdiction, exercise such powers and perform such dutics of the Commissioner by or under the Act, as maybe conferred or imposed upon him , in the case of the officer appointed under clause (a) of sub - section (2), by the State Government and in the case of the officer appointed under clause (b) of sub- section (2), by the Commissioner .

INDEX 15-4]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

[ PART IV

(4) The superintendence and control for the proper execution of the provisions of this Act , and the rules made thereunder relating to the levy and collection of the tax shall vest in the Commissioner .

(5) The Tribunal constituted under section 28 of the Gujarat Sales Tax Act, 1969, shall be Guj . theTribunal for the purposes of hearing appeals and revision applications and discharging other 1970. functions of the Tribunal under this Act, and accordingly the provisions of that Act relating to the Tribunal including section 28, and the regulations (subject to such amendments as may be made therein in their application to the Tribunal for the purposes of this Act) made thereunder, shall apply to or in relation to such Tribunal for the purposes of this Act:

Provided that the Tribunal may with the previous sanction of the State Government, make separate regulations for the purposes of regulating its procedure and the disposal of its business , under this Act and the regulations so made shall be published in the Official Gazette.

Registration. 7. (1) No stockist shall while being liable to pay tax under section 3 hold any stock in the State unless he possesses a valid certificate of registration:

Provided that the provisions of this section shall not be deemed to have been contravened, ifthe stockist having applied for such registration within the prescribed period , holds stock .

(2) Every stockist required by sub - section ( 1) to possess a certificate of registration shall apply to such authority (hereinafter referred to as " the prescribed authority " ) , in such form , with in such period and in such manner as may be prescribed.

(3) Ifthe prescribed authority , after making such inquiry as it thinks fit, is satisfied that an application for registration is in order, it shall grant a certificate of registration in such form as may be prescribed .

(4) The prescribed authority may on an application or otherwise amend the certificate of registration from time to time .

(5) Where the liability of a stockist, to whom a certificate of registration is granted under sub - section ( 3 ) , to pay tax under section 3 has ceased , such certificate may on the application ofthe stockist be cancelled by the prescribed authority in such manner as may be prescribed .

(6)Acertificate of registration granted to a stockist under sub - section (3 ) may be cancelled by the prescribed authority after due notice to such stockist , if it is satisfied that he has failed to pay tax, penalty or interest payable under this Act :

Provided that the certificate of registration may be restored if the stockist to whom the certificate was granted pays the arrears of tax, penalty and interest .

Returns .

8. (1) Every registered stockist shall furnish returns of stocks to such authority , in such manner , for such period and by such date, as may be prescribed.

(2) If the Commissioner has reason to believe-

(a) that the stockist is likely to have possession or control of stock, the aggregate value of which , would exceed Rs . 50,000/ - ; or

(b) that the stockist has during any year , in his possession or control of stock, the aggregate value ofwhich has exceeded Rs.50,000/-

hemay,by notice served in such manner as may be prescribed require such stockist to furnish returns as ifhe were a registered stockist but no tax shall be payable by such stockist unless he has in his possession or control of stock, the aggregate value of which exceeds Rs.50,000/-.

INDEX 15-5 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

(3 ) If any stockist having furnished returns under sub- section (1) or (2) discovers any omission or incorrect statement therein, he may furnish revised returns before the expiry of three months next following the last date prescribed for furnishing the original returns .

Assessment of taxes.

9. (1) The amount oftax due from a registered stockist shall be assessed separately for each year during which he is liable to pay the tax.

(2) If the Commissioner is satisfied that the returns furnished are correct and complete, he shall assess the amount of tax due from the stockist on the basis of such returns .

(3) If the Commissioner is not satisfied that the returns furnished are correct and complete , and he thinks it necessary to require the presence of the stockist or the production of further evidence, he shall serve on such stockist in such manner as may be prescribed a notice requiring him on a date and at a place specified therein , either to attend and produce or cause to be produced all evidence on which such stockist relies in support of his returns , or to produce such evidence as is specified in the notice.

(4) On the date specified in the notice , or as soon as may be thereafter , the Commissioner shall, after considering all the evidence which may be produced , assess the amount of tax due from the stockist .

(5) If a stockist fails to comply with the terms of any notice issued under sub - section (3 ) , the Commissioner shall assess to the best of his judgment the amount of tax due from him.

(6) If a stockist liable to pay tax under this Act fails to furnish returns in respect of any period by prescribed date, the Commissioner shall , after giving the stockist a reasonable opportunity of being heard , assess to the best of his judgment the amount of tax , if any , due from him.

(7) If the Commissioner has reason to believe that a stockist is liable to pay tax in respect of any period, but has failed to apply for registration within the period prescribed therefor, the Commissioner shall, after giving him a reasonable opportunity of being heard, assess to the best ofhis judgment, the amount of tax, if any , due from the stockist in respect of such period and any period subsequent thereto .

(8) Any assessment made under this section shall be without prejudice to any penalty or prosecution for offence under this Ací .

10. If the Commissioner has reason to believe that any stock liable to tax under this Act has escaped assessment or has been underassessed in respect of any period in any order of assessment under section 9, then the Commissioner may, --

Reassessment of stock escap- ing assessment.

(a) where he has reason to believe that the stockist has concealed stocks received or any material particulars thereto or has knowingly furnished incorrect returns , at any time within eight years , and

(b) in any other case , at any time within five years

ofthe end of the period to which receipt of stocks relate, serve on the stockist liable to pay tax in respect of such receipts , a notice containing all or any of the requisitions which may be included in a notice in such manner as may be prescribed and assess not later than three years from the date of service of the notice , the amount of tax due from such stockist to the best of his judgment :

Provided that where in respect of such assessment , proceedings are pending in appeal or revision, the appropriate appellate or revisional authority under this Act may on its own motion or on the report of the Commissioner , after giving to the stockist a reasonable opportunity of being heard, pass such order as it deems fit .

INDEX [ PART IV 15-6]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

11. Where any stockist liable to pay tax under this Act ,-

Imposition of penalty in cer- taincases .

(a) fails to apply for registration under sub -section (2) of section 7,

(b) fails without sufficient cause or neglects to furnish returns required by sub - section (1) or (2) of section 8,

(c) fails without sufficient cause to comply with the terms of notice served to him under sub- section (3) of section 9 ,

(d)while furnishing a return under sub- section ( 1) of section 8 fails without sufficient cause or neglects to pay into a Government treasury the whole amount of tax due from him according to such return, as required by section 12;

(e) fails to maintain proper accounts as required by section 14, or

(f) has concealed particulars of any transaction or deliberately furnished inaccurate par- ticulars of any transaction liable to tax,

the Commissioner may impose upon the stockist by way of penalty , in addition to any tax assessed under section 9, a sum not less than ten thousand rupees and not more than fifty thousand rupees .

Payment oftax. 12. (1) The tax shall be paid in the manner herein provided and at such intervals as may beprescribed.

(2) A registered stockist furnishing returns as required by section 8 shall first pay into the Government treasury , in such manner as may be prescribed , the whole amount of tax due from him according to such return along with the penalty payable by him under section 11 .

(3) Where a registered dealer furnishes a revised return in accordance with sub -section (3) ofsection 8 and such revised return shows that an amount of tax in addition to the tax already paid is payable , he shall first pay into a Government treasury the additional amount of tax .

(4) (a) The amount of tax-

(i) due where returns have been furnished without full payment therefor,

(ii) assessed or reassessed for any period under section 9 or 10 less any sum already paid by the stockist in respect of such period,

(b) the amount of penalty, if any , levied under section 11, or

(c) the amount of interest , if any , under section 13

shall be paid by the stockist liable therefor into a Government treasury by such date as may be specified in a notice issued by the Commissioner for this purpose, being a date not earlier than fifteen days from the date of service .

(5) Any tax , penalty or interest which remains unpaid after the date for payment specified inthe notice under sub - section (4) shall be recoverable as arrears of land revenue.

Liability of stockist to pay interest.

13. (1) Where a stockist does not pay the amount of tax within the time prescribed for its payment under sub- section ( 1) or (2) of section 12 , there shall be paid by the stockist for the period commencing on the date of expiry of the aforesaid period and ending on the date of payment of the amount of tax , simple interest at the rate of twenty - four per cent . per annum on the amount of tax not so paid or any less anfount thereof remaining unpaid during such period .

INDEX 15-7 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

(2) Where the amount of tax assessed or reassessed for any period under section 9 or 10 , subject to revision , if any, under section 17 exceeds the amount of tax already paid by a stockist for that period, there shall be paid by such stockist for the period commencing from the date of expiry of the time prescribed for payment of tax under sub - section ( 1 ) or(2) of section 12 and ending on the date of assessment, reassessment or , as the case may be , revision , simple interst atthe rate of twenty - four per cent . per annum on the amount of tax not so paid or any less amount thereof remaining unpaid during such period .

Accounts .

14. (1) Every stockist liable to pay tax under this Act and every other stockist who is required so to do by the Commissioner by notice served on him in such manner , as may be prescribed, shall maintain regularly in the course of his business correct and complete books of accounts .

(2) If the Commissioner considers that the accounts kept are not sufficiently clear or intelligible to enable him to determine whether or not a stockist is liable to pay tax during any period or are so kept as not to enable proper scrutiny of returns furnished , the Commissioner may require such stockist by notice in writing to keep such accounts in such form or manner as in his opinion is necessary for the purpose of proper assessment .

15. (1 ) The Commissioner may , subject to such conditions as may be prescribed , require any stockist to produce before him any books of accounts or documents , or to furnish any information relating to stock or any other information relating to his business , as may be necessary for the purposes of this Act .

Production and inspection of books of accounts and documents and search of premises.

(2) All books of accounts , registers and documents relating to stock and all stock kept at any place of business of the stockist , shall at all reasonable times be open to inspection by the Commissioner , and the Commissioner may take or cause to be taken such copies or extracts therefrom or may place or cause to be placed such marks of identifications thereon , as appear necessary for the purposes of this Act.

(3) The Commissioner may , for the purposes of this.Act , impound and retains ustоду for such period as he considers necessary any books of accounts , or other documents produced before him in any proceeding under this Act .

(4) If the Commissioner has reason to believe that any stockist has evaded or is attempting to evade the payment of any tax due from bim , he may, for the reasons to be recorded in writing , seize such books of accounts , registers or documents of the stockist as may be necessary and shall grant a receipt for the same , and shall retain the same for so long as may be necessary , in connection with any proceeding under this Act or for a prosecution .

(5) For the purposes of sub - section (2) or sub - section (4) , the Commissioner may enter and search any place of business of any stockist, or any other place where the Commissioner has reason to believe that the stockist keeps or is for the time being keeping any accounts , registers or documents of his business or stock and make a note or an inventory of any articles or things found in the course of any search which in his opinion will be useful for , or relevant to any proceeding under this Act, or for a prosecution.

(6) The provisions of the Code of Criminal Procedure , 1973 relating to searches shall apply, 2 of 1974 . so far as maybe , to a search made under sub - section (5) .

Appeal .

16. (1) Any stockist aggrieved by the order of the prescribed authority cancelling his certificate of registration under sub- section (6) of section 7, or by an order of assessment or reassessment made under section 9 or 10 or by an order imposing penalty under section 11 may , within three months from the date of receipt of the order make appeal to

(a) theAssistant Commissioner, if the order is made by Luxury Commodities Tax Officer,

INDEX 15-8]

GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

[PART IV

(b) the Commissioner , if the order is made by an Assistant Commissioner,

(c) the Tribunal, ifthe order is made by Deputy Commissioner or Additional Commissioner orCommissioner.

(2) In the case of an order passed in appeal by an Assistant Commissioner, a second appeal shall lie to the Tribunal .

(3) (a) Subject to provisions of clause (b), no appeal shall be entertained unless it is filed withinsixty days from the date of communication of the order appealed against .

36of1963.

(b) In computing the period specified in clause (a ), the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 shall , so far as may be , apply.

(4) On receipt of an appeal under sub- section (1) or second appeal under sub- section (2), the appellate authority may, subject to such rules of procedure as may be prescribed , pass auch order on appeal or , as the case may be , second appeal as it deems just and proper .

Revision.

17. (1) Subject to any rules which may be made in this behalf-

(a) the Commissioner on his own motion within three years or on an application made to him within one year from the date of any order passed by any officer subordinate to him, may call for and examine the record of any such order and pass such order thereon as he thinks just and proper within twelve months from the date of service of notice of revision ,

(b) the Tribunal , on application made to it against an order of the Commissioner (not being an order passed under sub - section (2) of section 16 in second appeal or under clause (a ) in revision on an application) within four months from the date of communication of the order, may call for and examine the record of any such order and pass such order thereon as it thinks justand proper.

(2) Where an appeal lies under section 16 and no appeal has been filed, no proceeding in revision under this section shall be entertained upon an application .

(3) No order shall be passed under this section which adversely affects any person unless such person has been given a reasonable opportunity of being heard.

(4) Where the Commissioner or the Tribunal rejects any application for revision underthis section , the Commissioner or , as the case may be , the Tribunal shall record the reasons for such rejection.

Court fee on ap-. 18. Notwithstanding anything contained in the Bombay Court- fees Act, 1959 , an appeal XXX- preferred under section 16 and an application for revision under section 17 shall bear a court VI of 1959 . . fee stamp of such value as may be prescribed.

peal and applica- tion for revision

Refund:

19. (1 ) The Commissioner shall refund to a stockist the amount of tax , penalty and interest ifany, paid by him in excess of the amount due from him.

(2) The refund may be either by cash payment or at the option of the stockist by deduction of such excess from the amount of tax, penalty or interest due in respect of any other period :

Provided that the Commissioner shall first apply such excess towards recovery of any amount due in respect of which notice under sub - section (4) of section 12 has been issued and shall then refund the balance , if any .

Remission of tex

orinterest .

20. Subject to such conditions as it may impose , the State Government may, if it is necessary so to do-

(i) in public interest , or

(ii ) for the purpose of granting relief in case of double taxation , or

(iii) for the purpose of ledressing an inequitable situation

remit by an order either generally or specially the whole or any part of the tax or interest or of both payable by any stockist or class of stockists in respect of any period .

INDEX 15-9 GUJARAT GOVERNMENT GAZETTE , ΕΧ . 29-7-1995

PART IV]

Offences .

21. (1) Whoever-

(a) carries on business as a stockist without being registered in contravention of section 7, or

(b) knowingly furnishes a false return, or

(c) fails when directed so to do under section 14 to keep any accounts or records in accordance with the direction , or

(d) fails to comply with any requirement made of him under section 15, or

(e) knowingly produces false accounts , registers or documents or knowingly furnishes false information, or

(f) obstructs any officer making an inspection or search under section 15, or

(g) aids or abets any person in commission of any acts specified in clauses (a ) to (f) ,

shall on conviction, be punished with simple imprisonment which may extend to six months or with fine not exceeding twenty thousand rupees or with both and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the period of the continuance of the offence .

(2) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under the provisions of this Act.

Offencesby com- panies.

22. (1) Where an offence under this Act has been committed by a company , every person who at the time the offence was committed was in charge of, and was responsible to , the company for the conduct of the business of the company , as well as company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence .

(2) Notwithstanding anything contained in sub - section (1 ) , where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director , manager, secretary or other officer of the company , such director , manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceded against and punished accordingly .

Explanation. For the purposes of this section,-

(a) " company " means a body corporate, and includes a firm or other association of individuals; and

(b) "director " in relation to a firm means a partner in the firm .

23. No court shall take cognizance of an offence under section 21 except with the previous sanction of the Commissioner.

Cognizance of offences.

INDEX 1

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

15-10]

Compounding of offences.

24. (1) The Commissioner may , either before or after the institution of proceedings , for any offence punishable under section 21 accept from any person charged with such offence by way of composition of the offence a sum not exceeding

(i) two thousand rupees, where the offence charged is under clause (d) or (g) of sub - section (1) of section 21 ,

(ii) double the amount of tax which would have been payable on the receipts of stock to which the offence relates , where the offence charged is under any of the other clauses of sub-section (1 ) of section 21 .

(2) On payment of such sum as may be determined by the Commissioner under sub - section (1), no further proceedings shall be taken against the accused person in respect of the same offence.

25. (1) In discharging their functions under this Act, the Tribunal and the Commissioner Tribunal and shall have all the powers of a civil court for the purposes of-

Powers of Commissioner .

(a) proof of facts by affidavit;

(b) summoning and enforcing the attendance of any person and examining him on oath or affirmation;

(c) compelling the production of documents ; and

(d) issuing commissions for the examination of witnesses .

(2) Inthe case of any affidavit to be made for the purpose of this Act, any officer appointed by the Tribunal or the Commissioner , may administer the oath to the deponent .

Barof jurisdic- tion of civil courts.

26.(1) (a) No civil court shall have jurisdiction to deal with or decide any question which the Tribunal, the Commissioner or any officer appointed to assist him is empowered to deal with or decide by or under this Act and no injunction shall be granted by any civil court in respect of any action taken or to be taken in pursuance of any power by or under this Act ;

(b) no assessment made and no order passed under this Act or the rules made there under by the Tribunal , the Commissioner or any officer appointed to assist him shall be called in question in any civil court .

Power to transfer proceedings.

27. The Commissioner may, after due notice to the parties , by order in writing transfer any proceedings or class of proceedings under any provisions of this Act from himself to any other officer and he may likewise transfer any such proceedings (including a proceeding already transferred under this section) from one such officer to another or to himself.

28. The Commissioner and all officers and persons appointed under section 6 to assist the Commissioner shall be deemed to be public servants within the meaning of section 21 of the 48 of be Indian Penal Code . 1860.

Persons ap- pointed under section 6 to publicservant.

Indemnity.

29. No suit, prosecution or other legal proceeding shall lie against any servant of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Power to make rules .

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

INDEX PART IV]

15-11 GUJARAT GOVERNMENT GAZETTE , EX. , 29-7-1995

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters , namely :-

(a) the authority to which, the form in which , the period within which and the manner in which an application for certificate of registration shall be made under sub -section (2) of section 7;

(b) the form in which the certificate of registration shall be granted under sub - section (3 ) ofsection 7;

(c) the manner in which a certificate of registration shall be cancelled by the prescribed authority under sub - section (5) of section 7;

(d) the authority to which , the manner in which, the period for which and the date bywhich, a registered stockist shall furnish the returns of stock under sub - section (1 ) of section 8;

(e) the manner in which a notice shall be served under sub - section (2) of section 8;

(f) the manner in which a notice shall be served by the Commissioner on a stockist under sub-section (3 ) of section 9 ;

(g) the manner in which a notice shall be served on a stockist under section 10;

(h) the intervals at which the tax shall be paid under sub - section (1 ) of section 12;

(i) the manner in which a registered stockist shall first pay into a Government treasury the whole amount of tax due from him under sub - section (2) of section 12;

(j) the manner in which a notice shall be served by the Commissioner on every other stockist under sub - section ( 1) of section 14;

(k) the conditions subject to which the Commissioner may require any stockist to produce before him any books of accounts or documents or to furnish any information relating to stock or any other information relating to his business under sub- section ( 1 ) of section 15;

(1) the rules of procedure subject to which the appellate authority may pass an order on appeal or second appeal under sub-section (4) of section 16;

(m)the rules subject to which the Commissioner or , as the case may be , the Tribunal may call for and examine the record of an order under sub - section ( 1) of section 17;

(n) the value at which an appeal and application for revision shall bear a court - fee stamp under section 18 ;

(0) any other matter which is required to be or may be prescribed under this Act .

(3) In making any rules under this section , the State Government may direct that a breach thereof shall be punishable with fine not exceeding five thousand rupees , and when the offence . is a continuing one, with a daily fine not exceeding one hundred rupees during the continuance of the offence .

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

Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rules to be made under this section .

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 29-7-1995

15-12]

SCHEDULE

(See clause (4) ofsection 2)

1.. Cheroots.

2. Cigarettes .

3. Cigars.

4. Smoking mixtures for pipes and cigarettes.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 16

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOI XXXVI ] MONDAY, AUGUST 28, 1995\ BHADRA 6, 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances proumigated and Regulations made by the Governer.

LEGAL DEPARTMENT

Sachivalaya , Gandhinagar, dated the 28th August, 1995 .

GUJARAT ORDINANCE NO . 2 OF 1995 .

AN ORDINANCE

further to amend the Bombay Court -fees ( Gujarat Amendment ) Act, 1995.

WHEREAS the Legislative Assembly of the State of Gujarat is not in session ;

Guj.12 of1995. AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Bombay Court- fees (Gujarat Amendment ) Act, 1995;

NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :---

1. Short title and commencement.-( 1 ) This Ordinance may be called the Bombay Court- fees ( Gujarat Amendment ) Amending Ordinance , 1995 .

(2) It shall come into force at once.

16-1

INDEX [PART IV 16-2

GUJARAT GOVERNMENT GAZETTE , EX . 28-8-1995

Guj . 12 of1995. 2. Guj . 12 of 1995 to be temporarily amended.----During the period of operation of this Ordinance, the Bombay Court-fees ( Gujarat Amendment ) Act, 1995 ( hereinafter referred to as " the amending Act " ) shall have effect subject to the amendment specified in section 4.

Bom. XXXVI of

1959 .

:

3. Rescission of Notification dated 3rd August, 1995.-The Government Notification in the Legal Department No. GK/19/ 95 /CFA/ 1002/ 1205/I dated the 3rd August, 1995 issued under sub - section (2) of section 1 of the amending Act shall be and shall be deemed always to have been rescinded and on such rescission the express insertion and substitution made in the Bombay Court- fees Act, 1959 (hereinafter referred to as " the principal Act " ) by the amending Act shall cease to have effect and the provisions in the principal Act existing immediately before such insertion or substitution shall stand revived and shall have the same force and effect as they had immediately before such amendments .

4. Amendment of section 1 of Guj. 12 of 1995. In the amending Act , in section 1, for sub-section (2) , the following sub - section shall be substituted , namely :-

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

STATEMENT

In the larger public interest and in view of exigencies , it is considered necessary to suspend the operation of the Bombay Court- fees ( Gujarat Amendment ) Act , 1995 with immediate effect. For that purpose , it is necessary to amend the said amending Act .

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the Bombay Court- fees ( Gujarat Amendment ) Act, 1995to achieve the aforesaid object.

NARESH CHANDRA Governor of Gujarat .

Camp atDelhi,

Dated the 26th August, 1995 .

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

P. J. DHOLAKIA ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 17

REGISTERED NO. GIGNR/2 ,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI ]

FRIDAY, SEPTEMBER 8 , 1995/BHADRA 17, 1917 Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART- IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

PORTS AND FISHERIES DEPARTMENT

Sachivalaya , Gandhinagar Dated the 8th September , 1995 .

GUJARAT ORDINANCE NO . 3 OF 1995 .

AN ORDINANCE

further to amend the Gujarat Maritime Board Act, 1981 .

WHEREAS the Legislative Assembly of the State of Gujarat is not in session ;

of1981.

AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist Guj . 30 which render it necessary for him to take immediate action to amend the Gujarat Maritime Board Act , 1981 ;

NOW, THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-

IV-Ex- 17-1

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 8-9-1995

17-2 ]

1. Short title and commencement .-- ( 1) This Ordinance may be called the Gujarat Maritime Board (Amendment) Ordinance, 1995 .

(2) It shall come into force at once.

Guj . 30 of 1981.

2. Guj . 30 of 1981 to be temporarily amended .--During the operation of this Ordinance , the Gujarat Maritime Board Act , 1981 ( hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 19.

3. Amendment of section 3 of Guj . 30 of 1981 .-- In the principal Act , in section 3, for sub - section (4) , the following shall be substituted, namely : --

" (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 as follows , namely : --

(a) three members appointed by virtue of their office amongst officers of the State Government , of whom

( i) one shall be a representative of the Department in - charge of the administra- tion of minor ports in the State,

(ii) one shall be Commissioner of Fisheries , and

(iii) one shall be a representative of the Finance Department .

(b) the other members appointed from amongst the persons who are , in the opinion of the State Government , having expertise or experience in or capable of representing any one or more of the interests of shipping , navigation , ports , sailing vessels, fisheries , trade , commerce , finance , industry , workers of minor ports and such other interests as , in the opinion of the State Government , ought to be represented on the Board . " .

4. Amendment of section 8 of Guj . 30 of 1981. In the principal Act , in section 8, in sub -section (1) , for the words , brackets and figure " sub- section (5) " , the words , brackets and figure " sub - section ( 6) " shall be substituted.

5. Amendment of section 10 of Guj . 30 of 1981. 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 .

6. Substitution of section 15 of Guj . 30 of 1981 .-- In the principal Act, for section 15, the following shall be substituted , namely :---

Delegationof powers.

" 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

INDEX PART IV ]

[ 17-3

GUJARAT GOVERNMENT GAZETTE, EX. , 8-9-1995

Executive Officer subject to such conditions and restrictions as may be specified in such directions :

Provided that the Chief Executive Officer shall exercise the powers and perform the duties specified in the direction subject to the supervision and the control of the Board . " .

7. Substitution of section 17 of Guj . 30 of 1981 .-- In the principal Act , for section 17 , the following shall be substituted , namely :-

" 17. ( 1) (a) The State Government shall appoint such person as it may think fit to be the Chief Executive Officer of the Board .

Chief Execu- tive Officer and other of- ficers and ser- vants of the Board.

(b) The terms and conditions of service of the Chief Executive Officer shall be such as may be prescribed by the rules .

(2) (a) The Board shall appoint such person , as it may think fit , to be the Financial Controller-cum- Chief Accounts Officer with the previous sanction of the State Government. The State Government may sanction such appointment on such terms and conditions as it thinks fit.

(3) The Board may create such other posts and appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Board and determine by regulations their conditions of appointment and service and the remuneration payable to them :

15 of 1908 .

Provided that no person shall be appointed as a pilot at any port who is not for the time being authorised by the State Government under the Indian Ports Act , 1908 to pilot vessels at thatport.

(4) The Board shall from time to time prepare and sanction a Schedule of the officers and employees of the Board for whom it deems necessary , adequate and proper to maintain for the purpose of this Act and such Schedule shall indicate therein the designation and grades of officers and employees and the salaries , fees and allowances which are proposed to be paid to them . " .

8. Deletion of section 18 of Guj . 30 of 1981 .-- In the principal Act, section 18, shall be deleted .

9. Substitution of section 19 of Guj . 30 of 1981 .-- In the principal Act , for section 19 , the following shall be substituted , namely :-

Disciplinary control over officers and employees by Board.

" 19. ( 1) Subject to any regulations the power of granting extension of service to , granting leave to , suspending , reducing , removing or dismissing or of disposing of any other question relating to the services of the officers and employees of the Board , including the power of dispensing with the service of any such employee otherwise than by reason of the misconduct of such employee , shall be exercised by the Board or such authority as may be prescribed by regulations .

INDEX :

[PART IV 17-4 ]

GUJARAT GOVERNMENT GAZETTE , EX. , 8-9-1995

(2) Any officer or employee of the Board aggrieved by an order involving his reduction in rank, removal or dismissal may , within such time and in such manner as may be provided for by regulations , prefer an appeal--

(a) to the State Government, where such order is passed by the Chairman ;

(b) to the Chairman , where such order is passed by any such authority as may be prescribed by regulations . " .

10. Amendment of section 24 of the Guj . 30 of 1981. In the principal Act , in section 24,-

(1) in clause (a), for the word " Chairman , " the words " Chief Executive Officer " shall be substituted;

(2) for clause (b) , the following shall be substituted , namely :---

"(b) ( i)No contract for leasing of Waterfront, jetty , waterway and corresponding infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit .

(ii) Subject to clause ( i ) of this clause , no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years shall be made unless it is previously approved by the State Government, on such terms and conditions as it may think fit. " .

11. Amendment of section 74 of Guj . 30 of 1981 .--In the principal Act, in section 74, in sub -section (2) , in clause ( a) , after the figures " 1970 " , the words " or in any corporation or financial institution controlled and managed by the State Government " shall be inserted .

12. Amendment of section 80 of Guj . 30 of 1981.-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 .

13. Amendment of section 82 of Guj . 30 of 1981. In the principal Act, in section 82, in sub - section (2) , for the word " Chairman " where it occurs at three places , the words "Chief Executive Officer " shall be substituted.

14. Amendment of section 87 of Guj. 30 of 1981.- In the principal Act, in section 87, in sub -section (2) , for the word " Chairman " , the words " Chief Executive Officer " shall be substituted .

INDEX PART IV ]

[ 17-5 GUJARAT GOVERNMENT GAZETTE , EX . , 8-9-1995

15. Amendment of section 92 ofGuj . 30 of1981. 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 :-

"(2) The State Government shall cause every annual Administration Report 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. " .

16. Amendment ofsection 107 ofGuj. 30 of1981. In the principal Act , in section 107, for the word " member " , the words " member or officer " shall be substituted.

17. Amendment of section 108 ofGuj. 30 of 1981. In the principal Act , in section 108, for the word " member " , the words "member or officer " shall be substituted.

18. Amendment of section 109 of Guj . 30 of 1981. In the principal Act , section 109,-

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

"(aa) the terms and conditions of service of Chief Executive Officer under sub -section ( 1) of section 17; " ;

(2) to sub -section ( 3) , the following proviso shall be added , namely :-

"Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action , it may dispense with previous publication of any rule to be made under this section . " .

19. Amendment of section 110 ofGuj . 30 of 1981. In the principal Act , in section 110, in sub -sections ( 2) , (3) and (6) , for the word " employees " , the words " officers and employees " shall be substituted .

IV-Ex- 17-2

INDEX [ PART IV 17-6 ]

GUJARAT GOVERNMENT GAZETTE , EX . , 8-9-1995

STATEMENT

The existing provisions of sub - section (4) of section 3 of the Gujarat Maritime Board Act, 1981 are found, at times , to leave no room for flexibility in the matter of appointment ofmembers 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 -sec- tion (4) to provide that the Board shall consist of not less than five and not more than twelve members , as the State Government 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 having expertise or experience in or capable of repre- senting 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 ought to be represented on the Board. Clause (a) of the said sub - section (4) provides for appointment of two members from amongst officers one of whom is a representative of the department of the State Government in - charge of the administration of minor ports and the other representative of the Finance Department. It is considered necessary also to have the Commissioner of Fisheries as a member of the Board. Clause ( a) of sub-section (4) of the said section 3 is proposed to be amended to provide accordingly .

As per existing provisions of sub- section (4) of section 10, the business of meeting cannot be transacted for want of requisite quorum throughout the meeting. This require- ment is proposed to do away with a view to transact business without quorum throughout, ata 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 to the Chief Executive Officer. It is, therefore, proposed to confer the power of the Board on the Chief Executive Officer by amending sections 15 , 24,80, 82 and 87 of the Act .

Under the existing section 17 , a person having experience of civil works , operation and administration of ports can be appointed as a Chief Executive Officer of the Board. Ongaining 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 existing provisions of sections 17 and 18 provide for creation of posts and appointment of the persons to such posts by the Board or by the State Government . It is proposed to give all powers of creation of posts and appointment except that of Chief Executive Officer to the Board . In case of the appointment of Chief Financial Controller prior consultation of Government is stipulated .

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 is proposed to be reduced to five years in cases of contract for leasing of jetties , waterfront , waterways and corresponding infrastructural

INDEX [17-7 PART IV ]

GUJARAT GOVERNMENT GAZETTE, EX. , 8-9-1995

facilities with a view to have a proper check and control over the Board in respect of such contracts to be executed by the Board.

Section 74 of the Act is proposed to be amended so as to enable the Board to deposit moneys standing at the credit of the Board in any corporation or financial institution controlled and managed by the State Government .

There is no provision in section 92 for laying the report relating to the administration of the Board before the State Legislature . It is, therefore , proposed to make such provision in this section.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promul- gated to amend the said Actto achieve the aforesaid objects .

NARESH CHANDRA, Governor ofGujarat .

Gandhinagar , Dated the 8th September , 1995 .

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

( A. D. DESAI ) Secretaryto the Government.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO. GIGNR/2 .

Extra No. 18

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXVI ]

SATURDAY , SEPTEMBER 9, 1995 /BHADRA 18 , 1917 Separate paging is given to this Part in order that it may be filed as a separate compilation .

PART-IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 9th September, 1995.

GUJARAT ORDINANCE NO . 4 OF 1995 .

AN ORDINANCE

further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications)

Act,1960.

WHEREAS the Legislative Assembly of the State of Gujarat is not in session;

Guj . 1of 1960.

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960;

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1 ) of article 213 of the Constitution , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-

1. Short title and commencement. (1 ) This Ordinance may be called the Gujarat Legislative Assembly Members (Removal of Disqualifications) (Amendment) Ordinance , 1995.

(2) It shall come into force at once .

Guj . 1 of 1960.

2. Guj . 1 of 1960 to be temporarily amended. During the period of operation of this Ordinance, the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act , 1960 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendment specified in section 3 .

3. Amendment of Schedule to Guj . 1 of 1960. In the principal Act, in the Schedule, after entry 30, the following entry shall be added, namely : --

"31. The office of Chairman or Director of Sardar Sarovar Narmada Nigam Limited. " .

18-1

INDEX [ PART IV 18-2] GUJARAT GOVERNMENT GAZETTE , EX. , 9-9-1995

STATEMENT

Sardar Sarovar Narmada Nigam Limited requires able hands experienced in the fields oftrade , commerce , industry , finance , management or public life to man it efficiently . This is particularly so with regard to this company which deals directly with the implementation ofSardar Sarovar Project which is crucial for the economic growth of the State of Gujarat . 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 or Director of such company 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 , considered necessary to remove the disqualification that might be incurred by such members on being appointed as Chairman or Director of the Sardar Sarovar Narmada Nigam Limited by adding entry 31 in the Schedule to the Gujarat Legislative Assembly Members ( Removal of Disqualifications) Act, 1960.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the Schedule to the said Act to achieve the aforesaid object .

NARESH CHANDRA Gandhinagar,

Governor ofGujarat.

Dated the 9th September, 1995.

Kum . H. K. JHAVERI

Secretray to Government.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 19

REGISTERED NO . G/ GNR/ 2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXVI ]

MONDAY , SEPTEMBER 25 , 1995/ ASVINA 3 , 1917

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

PART-IV

Acts of the Gujarat Legislature and Ordinances promuigated and Regulations made by the Governor.

BY THE MANAGER GOVERNMENT CENTRAL PRESS GANDHINAGAR

Corrigendum

In Gujarat Ordinance No. 4 of 1995 published in Gujarat Government Gazette, Part IV Ex. Ordinary No. 18 dated 9th September, 1995 on page No. 18-2

Add the words " By order and in the name of the Governor of Gujarat ,"

At the end of Ordinance for the words

"Kum . H. K. JHAVERI , Secrotrayto Government . "

Read the words

"Kum . H. K. JHAVERI, Secretary to Government ."

Dated 25th September, 1995 .

M. R. PATEL, Manager, Goverment Central Pross , Gandhinagar.

19-1

IV-Extra-19-1

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 20

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI) THURSDAY , NOVEMBER 16 , 1995 / KARTIKA 25 , 1917

Separate paging is given to this Part in order that It maybe filed as a separate compilation.

PART- IV

Acts of the Gujarat Legislature and Ordinances proumigated and Regulations made by the Governor.

LEGAL DEPARTMENT

Sachivalaya , Gandhinagar , dated the 16th November , 1995 .

GUJARAT ORDINANCE NO . 5 OF 1995 .

AN ORDINANCE

further to amend the Bombay Court-fees ( Gujarat Amendment) Act, 1995.

2 of WHEREAS the Governor of Gujarat has promulgated the Bombay Court- fees Guj . (Gujarat Amendment) Ainending Ordinance , 1995 on the 28th August , 1995; Ord .

1995.

!! AND WHEREAS the session of the Gujarat Legislative Assembly was . summoned to meet on the 7th October , 1995, and was prorogued on the same day; AND WHEREAS the said Ordinance could not be replaced by an Act of the State .... Legislature in that session ;

い

AND WHEREAS the said Ordinance would cease to operate after the 17th November , 1995 , the date on which the period of six weeks from the date of the reassembly of the Gujarat Legislative Assembly expires ;

IV - Ex-20-1

20-1

INDEX 20-2

GUJARAT GOVERNMENT GAZETTE , EX . , 16-11-95

[ PART IV

AND WHEREAS it is expedient to continue the operation of the said Ordinance by law;

AND WHEREAS the Legislative Assenibly of the State of Gujarat is not in session;

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the opera- tion of the provisions of the said Ordinance;

NOW, THEREFORE , in exercise of the powers conferred on him by clause ( 1 ) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :

1. Short title and commencement . ( 1 ) This Ordinance may be called the Bombay Court- fees ( Gujarat Amendment ) Amending ( Second ) Ordinance , 1995 .

(2 ) It shall be deemed to have come into force on the 28th August , 1995 .

12 2. Guj . 12 of 1995 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Court- fees ( Gujarat Amendment ) Act , 1995 Guj . (hereinafter referred to as " the amending Act " ) shall have effect subject to the of 1995. amendment specified in section 4.

3. Rescission of Notification dated 3rd August, 1995 and revival of provisions of principal Act . The Government Notification in the Legal Department No. GK/19 / 95 /CFA/ 1002 /1205 / l dated the 3rd August, 1995 issued under sub- section (2) of section 1 of the amending Act shallbe and shall be deemed always to have been rescinded and on such rescission , the express insertion and substitution made Bom. in the Bombay Court- fees Act , 1959 ( hereinafter referred to as " the principal Act " ) XXXVI of by the amending Act shall cease to have effect and the provisions of the principal 1959. Act existing immediately before such fasertion or substitution shall stand revived and shall have the same force and effect as they had immediately before such amendments .

4. Amendment of section 1 ofGuj . 12 of 1995 .--In the amending Act , in section 1, for sub - section ( 2) , the following sub - section shall be substituted , namely :-

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

5. Repeal and savings. ( 1 ) The Bombay Court- fees (Gujarat Amendment ) Amending Ordinance , 1995 is hereby repealed .

Guj . Ord . 2 1995. ot

(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the provisions of this Ordinance .

INDEX [ 20-3

GUJARAT GOVERNMENT GAZETTE , EX . , 16-11-95 PART IV J

STATEMENT

In the larger public interest and in view of exigencies , it was considered necessary to suspend the operation of the amendments made to the Bombay Court- fees Act , 1959by the Bombay Court- fees (Gujarat Amendment ) Act , 1995 and to revive the relevant provisions of the principal Act existing immediately before such amendments . For that purpose , it was considered necessaryto amend the said amending Act . As the Gujarat Legislative Assembly was not in session at that time , the Bombay Court- fees ( Gujarat Amendment ) Amending Ordinance , 1995 was promulgated on the 28th August , 1995to achieve the aforesaid object.

The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was summoned to meet on the 7th October , 1995 and prorogued on the same day . Therefore , the said Ordinance could notbe replaced by an Act of State Legislature in that session . By virtue of sub - clause ( a ) of clause (2 ) of article 213 of the Constitution of India , the said Ordinance would cease to operate after the 17th November , 1995 , the date on which the period of six weeks from the date of reassembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate actionto continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to achieve the aforesaid object .

Camp Delhi ,

NARESH CHANDRA , Governor of Gujarat .

Dated the 15th November, 1995 .

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

P. J. DHOLAKIA ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 21

Gatrad

The Gujarat Government Gazette.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , NOVEMBER 16, 1995/KARTIKA 25, 1917 Vol . XXXVI )

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

PART IV

Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

PORTS AND FISHERIES DEPARTMENT

Sachivalays , Gandhinagar . Doved the 16th No veraber, 1995 .

GUJARAT ORDINANCE NO . 6 OF 1995 .

AN ORDINANCE

further to amend the Gujarat Maritime Board Act, 1981 .

Guj . Ord . 3 of1995.

WHEREAS tho Governor of Gujarat has promulgated the Gujarat Maritime Board (Amendment) Ordinance , 1995 on the 8th September, 1995 ;

AND WHEREAS the session of the Gujarat Logislative Assembly was summoned to meet on the 7th October, 1995 and was proroguod on the same day ;

AND WHEREAS the said Ordinanco could not be replaced by an Act of the State Legislature in that session ;

AND WHEREAS the said Ordinance would cease to operate after the 17th November , 1995, the date on which the period of six weeks from the date of the reassembly of the Gujarat Legislative Assombly expires ;

AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law ;

AND WHEREAS the Logislative Assembly of the State of Gujarat is not in session;

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance ;

NOW, THEREFORE , in exercise of the powors conferred on him by clause (1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-

21-1

EX . - IV - 21-1

INDEX 21-2 GUJARAT GOVERNMENT GAZETTE , EX. , 16-11-95 [PART IV

1. Short title and commencement .--( 1) This Ordinance may be called the Gujarat Maritime Board (Amendment ) ( Second ) Ordinance , 1995 .

(2) It shall be deemed to have come into force on the 8th September, 1995.

2. Guj . 30 of 1981 to be temporarily amended. During the period of operation of this Ordinance, the Gujarat Maritime Brard Act , 1981 (hereinafter referred to as "the principal Act " ) shall have effect subjec. to the amendments specified in sections 3 to 19 .

Guj . 30 of 1981.

3. Amendment of section 3 of Guj . 30 of 1981. -In the principal Act , in section 3 , for sub - section (4) , the following shallbe substituted, namely:-

"(4) The Board shall consist of such number of members, not being loss than five and not more than twelve, who shall be appointed by the State Government as follows , namely:-

(a) three members appointed by virtue of their office amongst officers of the State Government , of whom-

(i) one shall be a representative of the department in- charge of the administra- tion of minor ports in the State,

(ii) one shall be the Commissioner of Fisheries , and

1 (iii ) one shall be a representative of the Finance Department ;

(b) the other members appointed from amongst the persons who are , in the opinion of the State Government , having oxpertise or experience in or capable of representing any one or more of the interests of shipping , navigation , ports , sailing vessels, fisheries , trade, commerce , finance , industry, workers of minor ports and such other interests as, in the opinion of the State Government , ought to be represented on the Board ." .

4. Amendment of section 8 of Guj . 30 of 1981.- In the principal Act , in section 8, in sub -section (1) , for the words, brackets and figure " sub -section (5) " , the words , brackets and figure " sub -section (6) " shall be substituted.

5. Amendment of section 10 of Guj . 30 of 1981. - In the principal Act , in section 10, in sub -section (4) , the portion beginning with the words "and no business" and end- ing with the words " such meeting" shall be deleted.

6. Substitution of section 15 of Guj . 30 of 1981.-In the principal Act , for section 15, the following shall be substituted, namely:-

Delegation ofpowers.

" 15. The Board may, with the approval of the State Government , direct that such of the powers and duties conforred 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 rostrictions as may be specified in such direction :

Provided that the Chief Executive Officer shall exercise the powers and perform the dutios specified in the direction subject to the supervision and the control of the Board."

7. Substitution of section 17 of Guj . 30 of 1981. In the principal Act , for section 17, the following shall be substituted, namely:-

INDEX 21-3 GUJARAT GOVERNMENT GAZETTE , ΕΧ· ; 16-11-95

PART IV]

"17. (1 ) (a ) The State Government shall appoint such person , as it may think fit, to be the Chief Executive Officer of the Board .

(b) The torms and conditions of service of the Chief Executive Officer shall be such as may be prescribed by the rules .

ChiefExec utiveOfficer and other officers and servants of the Board.

(2) ( a) The Board shall appoint such person, as it may think fit , to be the Financial Controller -cum-Chiof Accounts Officer with the previous sanction of the State Government . The State Government may sanction such appointment on such terms and conditions as it thinks fit .

(3 ) The Board may creato such other posts and appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Board and determine by regulations their conditions of appointment and service and the remuneration payable to them :

15 of1908 Provided that no person shallbe appointed as a pilot at any port who is not for the time being authorised by the State Government under the Indian Ports Act , 1908 to pilot vessols at that port .

(4) The Board shall from time to time prepare and sanction a Schedule of the officers and employees of the Board for whom it deems necessary, adequato and pro- per to maintain for the purposes of this Act and such Schedule shall indicate therein the designation and grades of such officers and omployees and the salaries, fees and allowances which are proposed to be paid to them. ".

8. Deletion of section 18 of Guj . 30 of 1981. In the shall be deleted. principal Act , section 18

9. Substitution of section 19 of Guj . 30 of 1981. In the principal Act , for soction 19, the following shall be substituted, namely:-

Disciplina ry control over offi . cers and employees byBoard.

"19. (1 ) Subject to any regulations, the power of granting extension of service to, granting leave to, suspending, reducing, removing or dismissing or of disposing of any other question relatingto the services of the officers and employees of the Board, including the power of dispensing with the service of any such officer and employea otherwise than by reason of the misconduct of such officer and employee, shall be exercised by the Board or such authority as may be prescribed by regulations .

(2) Any officer or employee of the Board aggrieved by an order involving his reduction in rank, removal or dismissal may, within such time and in such manner as may be provided for by regulations, prefer an appeal--

(a) to the State Government , where such order is passed by the Chairman ;

(b) to the Chairman, where such order is passed by any such authority as may be prescribed by regulations . ".

10. Amendment of section 24 of Guj . 30 of 1981. In the principal Act , in section 24 ,

(1) in clause (a ) , for the word " Chairman ," the words " Chief Executive Officer " shall be substituted;

(2) for clause (b) , the following shall be substituted, namely:-

"(b) ( i) No contract in respect of leasing of waterfront , jetty, waterway and corresponding infrastructural facilities thereof for a term exceeding five years shall be made unless it is previously approved by the State Government , on such terms and conditions as it may think fit .

INDEX 21-4

[PART IV GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 16-11-95

(ii ) Subject to sub- clause ( i ) of this clause , no contract for acquisition or sale of immovable property or for the lease of any such property for a term ex- ceeding thirty years shall be made unless it is previously approved by the State Govemiment , on such terms and conditions as it may think fit ." .

11. Amendment of section 74 of Guj . 30 of 1981. In the principal Act , in sec- tion 74, in sub -section (2) , in clause ( a) , after the figures " 1970 " , the words " or in any corporation or financial institution controlled and managed by the State Govern- ment" shall be inserted .

12. Amendment of section 80 of Guj . 30 of 1981. In the principal Act , in section 80, for the word " Chairman " where it occurs at two places , the words " Chief Exe- cutive Officer" shall be substituted .

13. Amendment of section 82 of Guj . 30 of 1981. In the principal Act , in section 82, in sub -section (2) , for the word " Chairman " where it occurs at three places, the words " Chief Executive Officer " shall be substituted .

14. Amendment of section 87 of Guj . 30 of 1981. In the principal Act , in section 87, in sub- section (2 ), for the word "Chairman " , the words " Chief Executive Officer" shall be substituted .

15. Amendment of section 92 of Guj . 30 of 1981. In the principal Act , section 92. shall be renumbered as sub-section (1 ) of that section and after sub - section (1 ) as ২০ venumbered, the following sub -section shall be added, namely :--- i

"(2) The State Government shall cause every annual Administration Report 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 ." .

16. Amendment of section 107 of Guj . 30 of 1981. In the principal Act , in section 107, for the word " member" , the words " member or officer" shall be substituted .

17. Amendment of section 108 of Guj . 30 of 1981. In the principal Act , in section 108, for the word " member" , the words "member or officer " shall be substituted.

18. Amendment of section 109 of Guj . 30 of 1981. In the principal Act , in sec- tion 109,-

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

"(aa) the terms and conditions of service of the Chief Executive Officer under sub - section (1) of section 17; " ;

(2) to sub - section ( 3) , the following proviso shall be added , namely:-

"Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with previ- ous publication of any rule to be made under this section .".

19. Amendment of section 110 of Guj . 30 of 1981. In the principal Act , in section 110, in sub - sections (2), (3) and (6) , for the word "employees " , the words "officers and employees" shall be substituted .

20. Repeal and savings.-(1) The Gujarat Maritime Board (Amendment) Ordinance , 1995 is hereby repealed .

Guj . Ord. 3 of 1995

(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 Ordinance .

INDEX 21-0 GUJARAT GOVERNMENT GAZETTE , EX. , 16-11-95

PART IV]

STATEMENT

The provisions of sub -section ( 4) of section 3 of the Gujarat Maritime Board Act , 1981 existing immediately before the commencement of the Gujarat Maritime Board (Amendment ) Ordinance, 1995 were found , at times , to leave no room for flexibility in the matter of appointment of members on the Board from amongst persons specified in clauses ( b ) to ( h) of the said sub - section (4 ) . It was , 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 Government 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,having expertise or experience in or capable of representing one or more. of the interests of shipping, navigation , ports , sailing vessels , fisheries , trade , commerce, industry, workers of minor ports ssd such other interests as ought to be represented on the Board . Clause ( a) of the said sub -section ( 4) provides for appointment of two members from amongst officers , che of whom is a representative of the department of the State Government in -charge of the administration of minor ports and the other re- presentative of the Finance Department . It was considered necessary also to have the Commissioner of Fisheries as a member of the Board . Sub -section (4 ) of the said section 3 was proposed to be amended to provide accordingly.

commencement As per provisions of sub -section (4) of section 10 existing immediately before the of the said Ordinance , the business at meeting cannot be. transacted for want of requisite quorum throughout the meeting . This requirement was proposed to do away with a view to transacting business without quorum throughout , at a meeting.

In order to onable the Chairman to devoto moro timo in framing the policy for the effective working of the Board, it was considered necossary to relieve him from the burden of the executive work of the Board and to entrust such work to the Chief Executive Officer. It was , thorofore , proposed to confer the powers of the Board on the Chief Executive Officer by amending sections 15, 24,80,82 and 87 of the Act .

Under section 17 existing immediately before the commencement of the said Ordinance , a person having experience of civil works , operation and administration of ports can be appointed as a Chief ExecutivExecutive Officer of the Board. On gaining experience , it was found that suitable porson of such experienco was not available for being appointed as Chief Executive Officer. Henco it was proposed to do away with such requirement of experience .

The provisions of sections 17 and 18 existing immediately before the commenca- ment of the said Ordinance provide for creation of posts and appointment of the persons to such posts by the Board or by the State Government . It was proposed to give all powers of creation of posts and appointment excopt that of Chief Exe- cutivo Officer to the Board . In case of the appointment of Financial Controller ,-cum -Chief Accounts officer, prior consultation of Government is stipulated .

Section 24 existing immediately before the commencement of the said Ordinance provides that whore the term of contract excoeds thirty years , the approval of the State Government is required to be obtained before the contract is made by the Board . The said limit was proposed to be reduced to five years in respect of contract for leasing of waterfront , jettics , watorways and corresponding infrastructural facilities with a view to having a propor check and control over the Board.

Section 74 oxisting immediately before the commencement of the said Ordinance proposed to be amended so as to enablo the Board to deposit monoys standing at the credit of the Board in any corporation or financial institution controlled and managed by the State Government . IV- Ex - 21-2

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX . , 16-11-95

21-6

There was no provision in section 92 existing immediately before the commence- ment of the said Ordinance for laying the report relating to the administration of the Board before the State Legislature . It was , therefore , proposed to make such provision in this section .

As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Maritime Board (Amendment ) Ordinance , 1995 was promulgated on the 8th September, 1995 to achieve the aforesaid objects .

The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was summoned to meet on the 7th October , 1995 and prorogued on the same day. Therefore , the said Ordinance could not be replaced by an Act of State Legislature in that session . By virtue of sub - clause (a) of clause (2 ) of article 213 of the Constitution of India , the said Ordinance would cease to operate after the 17th November , 1995, the date on which the period of six weeks from the date of re- assembly of the Gujarat Legislative Assembly expires . It is expedient to take im- mediato action to continue the operation of the provisions of the said Ordinance . There- fore, as the Gujarat Legislative Assembly is not in session , this Ordinance is promul- gated to achieve the aforesaid objects .

Camp Delhi ,

NARESH CHANDRA, Governor of Gujarat .

Dated the 15th November , 1995 .

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

A. D. DESAI,

Secretary to Government .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR

INDEX Extra No. 22 .

REGISTERED NO . G/GNR /2

C

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVI ] THURSDAY , NOVEMBER 16 , 1995/ KARTIKA 25, 1917

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

PART-IV

Regulations minde by the Governo

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 16th November , 1995.

GUJARAT ORDINANCE NO . 7 OF 1995.

AN ORDINANCE

further to amend the Gujarat Legislative Assembly Members ( Removal of Disqualifications) Act , 1960.

WHEREAS the Governor of Gujarat has promulgated the Gujarat Legislative Assembly Members (Removal of Disqualifications ) (Amendment ) Ordinance , 1995 on the 9th September , 1995;

Gul. Ord. 4of 1985.

AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 7th October, 1995 and was prorogued on the same day ;

AND WHEREAS the said Ordinance could not be replaced by an Act of te State Legislature in that session ;

1

AND WHEREAS the said Ordinance would cease to operate after the 17th November, 1995, the date on which the period of six weeks from the date of the reassembly of the Gujarat Legislative Assembly expires ;

AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;

AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session :

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance ;

22-1

IV-Extra- 22-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 16-11-95

NOW, THEREFORE , n exercise of the powers conferred on him by clause ( 1) ot article 213 of the Constitution of L.dia, the Governor of Gujarat is hereby pleased to make and promulgate the followisg Ordinance, namely:-

1. Short title and commencement .-(1 ) This Ordinance may be called thesisrat Legislative Assembly Members (Removal Disqualifications ) (Amendment ) ( Ordinance, 1995 .

(2) I shall be deemed to have come force the 9th September, 1995 .

Gaj. 1 2. Guj . 1 of 1960 to be temporarily amended.-Darng the period of operation of O dinas.ce, the Gujarat Legislat ve Assembly Members (Removal Disqualifications) Act , 1960 (he einafer re o red to as "the principal Ac." ) shall have effect subject to the amendment specified in section 3 . this of

3. Amendment of Schedule to Guj . 1 of 1969. In the principal Act , in the Schedule, after entry 30 , the following entry shall be added, namely:-

"31. The office of Chairman or Director of Sardar Sarovar Narmada Nigam Limited ." .

4. Repeal and savings.-(1) Ta Gujarat Legislative Assembly Members (Removal of Disqualifications) (Amendment) Ordinance, 1995 is hereby repealed.

Guj. Ord. 4 of 199 (2) Notwithstanding such repeal , anything done or any a tion 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 Ordinance .

STATEMENT

a Sardar Sarovar Narmada Nigam Limited requires able hands experienced in the fields of trade, commerce , industry, financo, management of publiclife to man it efficiently. This isparticularlyso with regard to this company which deals directly with the implementation of Sardar Sarovar Project which is crucial for the economic growth of the State of Gujarat . 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 whethor acceptance of the post of Chairman orDirector of such company by a member of the Gujarat Legislative Assembly woulddisqualify him on the ground of holding an office of profit under the Government. It was, thorofore, considered necessary to remove the disqualification that might be incurred by such member on being appointed as Chairman or Director of Sardar Sarovar Narmad Nigam Limited by adding entry 31 ir: the Schedule to the Gujarat Legislative AssemblyMembers (Removal of Disqualifications) Act , 1960. A: the Gujarat Legisla- tive Assembly was not in session at that time, the Gujrat Legislative Assambly Members (Removal of Disqualifications ) (Amendment) Ordinance, 1995 was promulgated on the 9th September, 1995 to achieve the aforesaid object .

The said Ordinance was laid before the Gujarat Ingislative Assembly in its session whichwas summoned to meet on the 7th Octobor , 1995 and prorogued on the same day. Therefore, the aformid Ordinanco could not be replaced by an Act of State Legislature in that session . By virtue of sub-clause (a) of clause (2) of article 213 of the Consti- tution of India, the said Ordinance would coase to operate after the 17th November, 1995, the date on which the period of six weeks from the date of reassembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to achieve the aforesaid object . as

NARESH CHANDRA , Governor of Gujarat .

CampDelhi, Dated the 15th November, 1995 .

By order and in the name of the Governor of

Smt . K. R. TRIVEDI , Secretaryto Government.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX

Cite this issue. Gujarat Gazette, Government of Gujarat, 1995. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.gujarat.1995.202112171045217701/. Archive identifier in.gazette.gujarat.1995.202112171045217701.