Gujarat Gazette, Part Part -IV Extra, 1996

Extra Ordinary Part - IV / 1996

Extra No.

Date

Department

Extra No.1   08-03-1996  Legislative & Parliamentary Affairs Department
Extra No.2   08-03-1996   Legislative & Parliamentary Affairs Department
Extra No.3   08-03-1996  Legislative & Parliamentary Affairs Department
Extra No.4   26-03-1996  Legislative & Parliamentary Affairs Department
Extra No.5   30-03-1996  Legislative & Parliamentary Affairs Department
Extra No.6   30-03-1996  Legislative & Parliamentary Affairs Department
Extra No.7   30-03-1996 Legislative & Parliamentary Affairs Department
Extra No.8   30-03-1996  Legislative & Parliamentary Affairs Department
Extra No.9   30-03-1996  Legislative & Parliamentary Affairs Department
Extra No.10  18-06-1996   Information & Broadcasting Department
Extra No.11  26-06-1996   Revenue Department
Extra No.12  26-06-1996   Revenue Department
Extra No.13  07-08-1996   Agriculture , Farmers Welfare & Co - operation Department
Extra No.14  09-08-1996   Education Department
Extra No.15  12-10-1996  Information & Broadcasting Department
Extra No.16  12-10-1996  Education Department
Extra No.17  12-10-1996   Agriculture , Farmers Welfare & Co - operation Department
Extra No.18  14-10-1996   Revenue Department
Extra No.19  14-10-1996   Revenue Department
Extra No.20  22-10-1996   Finance Department
Extra No.21  16-11-1996  Information & Broadcasting Department
Extra No.22  16-11-1996   Education Department
Extra No.23  16-11-1996  Legislative & Parliamentary Affairs Department
Extra No.24   23-11-1996 Legislative & Parliamentary Affairs Department
Extra No.25  29-11-1996   Agriculture , Farmers Welfare & Co - operation Department
Extra No.26  02-12-1996   Finance Department

Date

Extra No.

Department

Extra No.27  13-12-1996  Education Department
Extra No.28  20-12-1996  Legislative & Parliamentary Affairs Department
Extra No.29  24-12-1996   Revenue Department
Extra No.30  24-12-1996   Revenue Department

REGISTERED NO . G/GNR/2 Extra No. 1

gabr nad

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXVII) KRIDAY, MARCH 8 , 1996/PHALGUNA 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.

The following Act of the Gujarat Legislature, having been assented to by the Glove- rnor on the 6th March , 1996 is hereby published for general information.

SMT . K. R. TRIVEDI,

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

GUJARAT ACT NO . 1 OF 1996

(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 8th March , 1996) .

AN ACT

further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act , 1960.

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

1. (1) This Act may be called the Gujarat Legislative Assembly Members (Removal of Disqualifications ) (Amendment ) Act , 1996 .

Short title and Commence- ment .

(2) It shall be deemed to have come into force on the 9th September, 1995.

Guj. 1 of1960.

2. In the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Act, 1960 (hereinafter referred to as " the principal Act ") , in the Schedule, after entry 30, the following entry shall be added, namely:

Amend- ment of Schedule to Guj.1 of 1960.

" 31. The office of Chairman or Director of Sardar. Sarovar Narmada Nigam Limited .".

1-1.

IV-EX. -1-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX; 8-3-1996

1-2

Guj . Ordi. 7 of 1995.

8. (1) The Gujarat Legislative Assembly Members (Removal of Disqualifications) (Amendment) (Second) Ordinance , 1995 is hereby repealed.

Repeal and savings.

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

GOVERNMENT CENTRAL PRESS, GANDHIHAGAR

INDEX

L Extra No.2

REGISTERED NO . GIGNR/2,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, MARCH 8 , 1996/ PHALGUNA 18 , 1917

VOL . XXXVII ]

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 followingAct of the Gujarat Legislature , having been assented to by the Governor on the 7th March, 1996 is hereby published for general information .

SMT . K. R. TRIVEDI ,

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

GUJARAT ACT NO . 2 OF 1996

(First published , after having received the assent of the Governor in the Gujarat Government Gazette , on the 8th March , 1996.)

AN ACT

further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Act, 1960.

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

Guj . 1 of

1960. 1. This Act may be called the Gujarat Legislative Assembly Members (Removal of Short title. Disqualifications) (Second Amendment) Act, 1996.

ofSchedule to Guj . 1 of1960.

2. In the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, Amendment 1960, in the Schedule, after entry 31, the following entry shall be added , namely:-

*32. The office of Chairman or Director of the Gujarat State Forest: Development Corporation Limited. ".

2-1

IV EX. 2-1

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 3

REGISTERED NO . G /GNR/ 2,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XXXVII ] FRIDAY, MARCH 8 , 1996/PHALGUNA 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.

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 7th March, 1996 is hereby published for general information.

SMT . K. R. TRIVEDI ,

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

GUJARAT ACT NO . 3 OF 1996

(First published, after having received the assent of the Governor in the Gujarau Covern- mentGazette, on the 8th March , 1996.)

AN ACT

further to amend the Gujarat Maritime Board Act, 1981 .

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

Shorttitle and commen-- cement.

1. (1) This Act may be called the Gujarat Maritime Board (Amendment ) Act , 1996.

(2) It shall be deemed to have come into force on the 8th September, 1995.

Amendment of Section of 1981. u 30 of 2. In the Gujarat Maritime Board Act, 1981 (hereinafter referred to as " the principal Act " ) , in section 3, for sub- section (4) , the following shall be substituted , namely :--

IV EX - 3-1

3-1

INDEX 3-2 ]

[ PART IV.

GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 8-3-1996

"(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 Govern- ment, of whom-

( i) one shall be a representative of the department in -charge of the administration of minor ports in the State,

(ii) one shall be the Commissioner of Fisheries , and

(iii) one shall be a representative of the Finance Department ;

(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." .

3. 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 .

Amendment of section 8 of Guj 30 of 1981 .

4. In the principal Act, in section 10, in sub-section (4), the portion beginning with the words " and no business " and ending with the words " such meeting" shall be deleted.

Amendment of section 10 of Guj 300 1981. 30 of

5. In the principal Act , for section 15, the following shall be substituted , namely:---

Substitution of section 15 of Guj 30 of .1981 .

Delegation of 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 insuch direction, may also be exercised or performed by the Chief Executive Officer subject to such conditions and restrictions as may be specified in such direction:

Provided that the Chief Executive Officer shall exercise the powers and perform the duties specified in the direction subject to the supervision and the control of the Board . " .

6. In the principal Act, for section 17, the following shall be substituted , namely:--

Substitution of section 17 of Guj . 30 of 1981

" 17. (1) ( a) The State Government shall appoint such person , as it may think fit , to be the ChiefExecutive 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) The Board shall appoint such person, as it may think fit, to be the Financial Control- ler-cum-Chief Accounts Officer with the previous sanction of the State Government . The StateGovernment 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:

INDEX PART IV ]

[ 3-3 GUJARAT GOVERNMENT GAZETTE , EX . , 8-3-1996

Provided that no person shall be appointed as a pilot at any port who is not for the time being 1508.of authorised by the State Government under the Indian Ports Act, 1908 to pilot vessels 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 , adequate and proper to maintain for the purposes of this Act and such Schedule shall indicate therein the designation and grades of such officers and employees and the salaries , fees and allowances which are proposed to be paid to them ." .

Deletion

7. In the principal Act, section 18 shall be deleted.

000 section 18 of Guj 30 1981.

Substitution 8. In the principal Act, for section 19, the following shall be substituted , namely:

section 19 o Guj 30 of 1981 .

and Disciplinary control over of . ficers employees by Board.

" 19. (1) Subject to any regulations , the power of granting extension of serviceto , 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 officer and employee 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 ." .

9. In the principal Act , in section 24,-

Amendment of section 24 of Guj . 30 of 1981 .

(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 .

(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 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 . " .

section 74.of Gui . 1981. Amendment of 10. 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 ,

11. 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.

Amendment of section 80 of Gui 30 ot 1981 .

12. In the principal AcAct, 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.

Amendment of section 82 of Guj . 30 of 1981.

INDEX 3-4 ]

[ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 8-3-1996

13. In the principal Act , in section 87 , in sub - section (2), for the word " Chairman " , the words " Chief Executive Officer " shall be substituted .

Amendment of section 87 of Guj. 30 1981. of

Amendment of 192 of 1.30 of

14. 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 sub - section shall be added, namely : -

"(2) The State Government shall cause such 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 . " .

15. In the principal Act, in section 107, for the word " member " , the words " member or officer " shall be substituted.

Amendment of section 107 of 1981. 30 of

16. In the principal Act, in section 108, for the word " member " , the words " member or officer " shall be substituted.

Amendment of section 108 of Gu 30 of 1981.

17. In the principal Act , in section 109,-

Amendment of section 109 Guj 30 of 1981.

(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 previous publication of any rule to be made under this section. " .

Amendment of section 110 of 1981. Guj 30 of

18. 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.

Repeal and savings.

19. ( 1 ) The Gujarat Maritime Board (Amendment) (Second) Ordinance , 1995 is hereby repealed.

Guj Ord. 6of 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 Actas amended by this Act.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 4

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED AUTHORITY

VOL XXXVII |

TUESDAY , MARCH 26 , 1996/ CAITRA 6 , 1918

Separate paging is given to this Pans is onder that t may the Sted as a separate compilation .

FAKT-IV

Achte Gajarat Leglidatore and Regaintions made by the Governor

The following Act of the Gujarat Legislature having been assented to by the Governor on the 26th March , 1996 is hereby published for general information .

SMT . K. R. TRIVEDI ,

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

GUJARAT ACT NO . 4 OF 1996

( First published , after having received the assent of the Governor in the " Gujarat Government Gazette " on the 26th March , 1996) .

AN ACT

further to amend the Bombay Court- fees (Gujarat Amendment ) Act , 1995.

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

Short title and 1. (1) This Act may be called the Bombay Court - fees (Gujarat Amendment ) Amending Act, 1996 .

com- mence- ment.

(2) It shall be deemed to have come into force on the 28th August, 1995.

Gujigg12 of1995.

ResNotification dated 3rd August,, 1995 provisions of and revival of principal Act.

Xxx

1959.

2. TheGovernment Notification in the Legal Department No. GK/ 19/ 95 / CFA/ 1002 / 1295/1 dated the 3rd August, 1995 issued under sub- section (2) of section 1 of the Bombay Court - fees (Gujarat Amendment ) Act , 1995 (hereinafter referred to as " the amending Act " ) shall be and shall be deenied 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 of 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 .

Amend ment of section I of Guj . 12 of 1995.

3. 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 . " .

4-1

IV-Ex-4-1

INDEX

ודי [ PART IV 4-2 ]

GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1996

Repeal savings.

and 4. (1 ) The Bombay Court- fees ( Gujarat Amendment) Amending ( Second) Ordinance, Gui: 5 1995 is hereby repealed . 1

1995.

(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 Act .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2.

Extra No. 5

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, MARCH 30, 1996 / CAITRA 10, 1918

Vol . XXXVII ]

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

PART- IV

بله 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 March , 1996 is hereby published for general information .

Smt . K. R. TRIVEDI,

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

GUJARAT ACT NO. 5 OF. 1996.

(First published, after having received the assent of the Governor in the "Gujarat Govern- ment Gazette " on the 30th March , 1996 ) . -

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 , 1996.

It is hereby enacted in the Forty - seventh Year of the republic of India as follows :-

Short title .

1. This Act maybe called the Gujarat (Supplementary) Appropriation Act, 1996 .

Issue of Rs . 14,06,65,24,000 from and out of the Consoli- dated Fund of the State of Gujarat for the financial year 1995-96.

2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of one thousand four hundred six crores , sixty - five lakhs , twenty - four thousand rupees towards defraying the several charges which willwill come in course of payment during the financial year ending on the thirty - first day of March, 1996, in respect of the services and purposes specified in column 2 of the Schedule.

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

5-1.

IV-Extra-5-1

INDEX 5-21

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

[PART IV

THE SCHEDULE

(Seesections 2. and3)

No.of

Vote/

Appro- Services and purposes

priation

Revenue 1 Agriculture, Co-operation andRural Development Department

2 Agriculture

Revenue

Revenue 3 Minor Irrigation, Soil Conservation and Area Development

Revenue 4 Animal Husbandry and DairyDevelopment

Capital

Revenue 5. Co-operation

Revenue

Capital 6 Other expendicure pertaining to Agriculture Co-operation and Rural DevelopmentDepartment .

7 Education Department

Revenue

Education

Revenue,

Revenue 9 Other expenditure pertaining to Education Department

Capital

12 Energy Projects

Revenue

Capital Other expenditure pertaining toEnergy andPetro -Chemicals Department

14 Finance Department

Revenue

Revenue TaxCollection Charges, (Finance Department)

16 Treasury andAccounts Administration

Revenue

17 Pension and Other Retire- mentBenefits

Revenue

Revenue Other expenditure pertain- ing to Finance Department

Capital

Revenue.

Repayment of Debt pertaining to Finance Department and itsservicing دار

Revenue Food andCivil Supplies Department

21 Civil Supplies

Revenue

INDEX

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

3,40,000:

3,40,000

3,000

6,000

9,000

5,44,64,000

4,16,91,000

A 11,000

4,17,02,000

1,50,00,000

2,26,47,000

2,12,000

74,22,000

19,25,000

1,11,68,81,000

4,81,85,000

1,16,50,66,000

$5,10,000

55,10,000

2,000

3,87,20,00,000

3,94,000

40,63,000

3,30,77,000

2,19,16,000

82,000

2,19,98,000

1,18,34,00,000

27,000

31,35,38,000

17,33,09,000

17,33,09,000.

36,28,000

77,47,44,000

77,47,44,000 PART IV

[5-3

GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 30-3-1996

No.of

Services andpürposes

Vote/ Appro- priation

22 Food

Revenue

Capital

Capital 23 Other expenditure pertain- ingto Food and Civil Supplies Department

Revenue 24 Forest and Environment Department

25 Forests

Revenue

Capital

26 Environment

Revenue

27 Other expenditure pertaining to Forest and Environment Department

Capital

28 Governor

Revenue

30 Elections

Revenue

32 General Administration Department

Revenue

33 Economic Advice and Statistics

Revenue

34 Other expenditure pertaining toGeneral Administration Department

Revenue

35 State Legislature

Revenue

36 Loans and Advances to Govern- ment Servants inGujarat Legislature Secretariat

Capital

Revenue 37 Health and Family Welfare Department

38 Medical and Public Health

Revenue

39 Family Welfare

Revenue

40 WaterSupply

Revenue

Capital

Revenue 41 Other expenditure pertain- ing to Health and Family WelfareDepartment.

Capital

42 Home Department

Revenue

43 Police

Revenue

44 Jails

Revenue

INDEX

Sums not exceeding

Voted

Total

Chargedon the Consolidated Fund

13,90,000

2,64,000

13,82,000

4,23,27,000

4,99,000

4,28,26,000

12,16,77,000

25,32,000

20,66,000

12,53,95,000

46,40,000

75,95,000

9,26,02,000

2,000

9,26,04,000

2,50,000

5,53,000

23,48,000

24,84,73,000

40,000

24,85,13,000

9,77,37,000

16,00,00,000

30,000

1,10,05,000

52,10,000

50,44,40,000.

50,44,40,000

2,37,04,000

2,37,04,000 5-4]

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

Services and purposes

No.of Vote/ Appro- priation

1 2

Revenue

45 Transport

Revenue

46 Other expenditure pertain- ingtoHomeDepartment

Capital

47 Industries andMines

Revenue

Department

Revenue

48 Stationery and Printing

Reverie 49.Industries

Capital

Revenue 50 Mines and Minerals

Revenue

51.Other expenditure pertain-

Capital ingtoIndustries and Mines Department

Revenue

52 Information, Broadcasting and TourismDepartment

Revenue

Capital 55 Other expenditure pertaining to Information, Broadcasting and Tourism Department

Revenue

56 Labour and Employment Department

Revenue

57 Labour and Employment

58 Other expenditure pertaining to Labour and Employment

Capital Department

Revenue

59 Legal Department.

Revenue 60 Administration of Justice

61 Other expenditure pertaining toLegalDepartment

Capital

Revenue 64 Narmada and Water Resources Department

Capital 65.Narmada Development Scheme

Revenue

66 Irrigation and Soil Conservation.

Capital

67 Other expenditure..

Revenue pertaining toNarmada and WaterResources Department Capital

Revenue

68 Panchayats and Rural Housing Department

Revenue

69. Community Development

Revenue 70 Rural Housing

INDEX

[PART- IV

Sums not exceeding

Total Voted

Chargedon the Consolidated Fund

44,92,34,000

16,000

92,33,000

11,98,000 11,98,000

2,34,10,000

21,46,25,00 21,46,25,000

31,01,90,000 31,01,90,000

2,25,00,000 2,25,00,000

1,43,000

20,78,000 20,78,000

4,75,000 4,75,000

10,08,000 10,08,000

10,57,000 10,57,000

58,000

1,42,57,000 1,41,99,000

26,60,000 26,60,000

24,70,000 24,70,000

6,16,30,000

4,46,03,000

1,70,27,000

18,59,000 18,59,000

4,75,000 4,75,000

1,42,40,00,000 1,42,40,00,000

22,79,60,000

18,51,000

22,61,09,000

1,87,54,000

49,44,92,000

51,32,46,000

1,89,37,000

13,08,000

2,02,45,000

1,12,55,000 1,12,55,000

15,60,000

35,10,57,000

10,41,35,000

10,14,05,000

27,30,000 [5-5

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

[ PART IV.

No.of

Services andpurposes

Vote/ Appro- priation

1 2

Revenue

71 Compensation and Assignments

Revenue

Capital 72 Other expenditure pertaining to Panchayats andRural HousingDepartment

Revenue 73 Fisheries

Capital

Revenue

Capital 75 Other expenditure pertainingto Ports and Fisheries Department

Revenue

76 Revenue Department

Revenue

77 Collection Charges pertain- ing to Revenue Department

Revenue

78 District Administration

Reverue

80 DangDistrict

Revenue

81 Compensation and Assignments

Capital 82 Other expenditure pertaining to Revenue Department

Revenue

83 Roads and Buildings Department

-Revenue 84 Non-Residential Buildings

Capital

Revenue

85 Residential Buildings

Capital

Revenue

86 Roads and Bridges

Capital

Revenue

Capital Gujarat Capital Construction Scheme

Revenue

Capital 88 Other expenditure pertaining to Roads and Buildings Department

Revenue 89 Social Welfare and Tribal DevelopmentDepartment

Revenue

90 State Excise

Revenue

91 Social Security and Welfare

93 Other expenditure

Capital pertaining to Social Welfare andTribal Development Department

IV - Ex- 5-2

INDEX

Sums not exceeding

Voted

Total

Chargedon the Consolidated Fund

3,71,75,000 3,71,75,000

1,40,000

2,81,95,000 2,80,55,000

1,10,09,000 1,10,09,000

18,000

2,01,42,000 2,01,24,000

1,50,15,000 1,50,15,000

زنا

4,000

3,17,000 3,13,000

7,17,000 7,17,000

84,60,000

1,31,30,000

2,30,10,000

3,45,000

2,26,65,000

1,09,25,000

2,000

5,81,92,000 5,81,90,000

51,64,000 51,64,000

1,80,000

7,03,35,000

29,000

7,03,06,000

14,38,000

5,86,000

8,52,000

45,15,000 45,15,000

91,000

71,93,000

17,40,43,000 16,68,50,000

25,94,29,000

44,28,000

25,50,01,000

69,55,000

2,46,15,000 2,27,13,000

19,02,000

2,06,93,000

1,77,24,000

29,69,000

2,35,95,000

7,50,000 7,50,000

2,85,000 2,85,000

60,09,000

5,92,58,000 5,32,49,000

24,77,000 24,77,000 5-6 ]

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

Services and purposes

No.of Vote/ Appro priation

Revenue Special Component Plan for Scheduled Castes

Capital

95 Tribal Area Sub Plan

Revenue.

Capital

Revenue 96 UrbanDevelopment and Urban Housing Department

97 Urban Housing

Revenue

Capital

98 Urban Development

Revenue

Capital

Revenue Compensation,Assignment.and TaxCollection Charges

100 Other expenditure pertaining toUrban Development and Urban

Housing Department

Capital

Revenue 101 Youth Services and Cultural Activities Department

Revenue 102 Youth Services and CulturalActivities

Capital 103 Other expenditure pertaining to Youth Services and CulturalActivitiesDepartment

Revenue

Total :

Capital

[PART IV

Sums not exceeding

Voted

Total

Chargedon the Consolidated Fund

1,000

4,000

13,22,000

13,26,000

4,38,58,000

17,64,000

4,56,22,000

24,80,000

24,80,000.

2,27,25,000

3,56,03,000

2,20,56,000

7,64,00,000

7,64,00,090

9,96,000

70,000

9,44,000

5,76,000

10,34,32,68,000- 52,36,10,000 10,86,68,78,000

-3,17,21,21,000

Grand Total:

2,75,25,000 3,19,96,46,000

13,51,53,89,000. 55,11,35,000 14,06,65,24,000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2,

Extra No. 6

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, MARCH 30, 1996 / CAITRA 10, 1918

Vol . XXXVII ] .

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 followingAct of the Gujarat Legislature, having been assented to by the Governor on the 29th March, 1996 is hereby published for general information.

Smt . K. R. TRIVEDI ,

Secretary to the Government ofGujarat , Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 6 OF 1996 .

(First published, after having received the assent of the Governor in the "Gujarat Govern- ment.Gazette " on the 30th March, 1996 ).

AN ACT

to authorise payment and appropriation of certain sums from and out ofthe Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty- first day of March , 199.7.

---

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

Short title .

1. This Act may be called the Gujarat Appropriation Act, 1996.

withdrawl of Rs . 1,22,52,86,81,000 from and out of the Consolidated Fund of Gujarat for the financial year 1996-97.

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 1,22 , annexed amounting in the aggregate to the sum of twelve thousand, two hundred fifty-two crores, eighty-six lakhs , eighty-one thousand rupees towards defraying the several charges which will come in course ofpayment during the financial year 1996-97, in respect of the services and purposes specified in column 2 of the Schedule.

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

6-1

IV -Extra-6-1

INDEX 6-2]

GUJARAT GOVERNMENT GAZETTE, EX . , 30-3-1996

[ PART IV

SCHEDULE

(See Section 2 and 3 )

No. of Vote/

Appro- Services and Purposes

priation

Revenue 1 Agriculture , Co - operation and Rural Development Department

2 Agriculture

Revenue Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

2,68,04,000

2,82,56,94,000

Capital

Revenue

2,82,56,94,000

37,86,11,000

Capital

37,86,11,000

1,03,50,000

3 Minor Irrigation , Soil Conservation and Area Development

Revenue

1,03,50,000

39,03,17,000

4 Animal Husbandry and Dairy Development

Capital

5 Co-operation

Revenue

39,03,17,000

20,45,68,000

Capital

20,45,68,000

12,62,85,000

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

12,62,85,000

3,25,00,000

Revenue Education Department

3,25,00,000

1,56,60,000

8 Education

Revenue

1,56,60,000

19,21,83,60,000

Capital 57,61,00,000 19,79,44,60,000

5,20,000

Other expenditure

Revenue

5,20,000

5,77,54,000

pertaining to Education Capital

5,77,54,000

32,02,32,000

Department

Revenue

32,02,32,000

63,75,000

joEnergy and Petro- Chemicals Department

INDEX

63,75,000 [ PART IV

[6-3

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

Services and Purposes No. of Vote/ Appro- priation

Revenue 11 Tax Collection Charges (Energy and Petro- Chemicals Department)

12 Energy Projects

Revenue Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

3,49,35,000

3,45,52,00,000

Capital

3,45,52,00,000

1,95,57,00,000

Capital 13 Other expenditure pertaining to Energy and Petro - Chemicals Department

14 Finance Department

Revenue

Capital

Revenue 15 Tax collection Charges (Finance Department )

Revenue

1,95,57,00,000

2,22,97,000

3,26,50,000

34,27,09,000 .

34,27,09,000

23,02,82,000

16 Treasury and Accounts Administration

Revenue

23,02,82,000

3,98,56,55,000

17 Pension and , Other Retirement Benefits

Revenue

5,00,000 3,98,61,55,000

8,32,01,65,000

Capital

8,32,01,65,000

2,94,25,000

18 Other expenditure pertaining to Finance Department

Revenue

Capital 19 Repayment of debt pertaining to Finance Department

Revenue

1,00,000 2,95,25,000

.. 13,88,12,05,000 13,88,12,05,000

6,49,41,66,000 6,49,41,66,000

3,.78,95,000′

20 Food and Civil Supplies Department

Revenue 21 Civil Supplies

3,78,95,000

95,84,06,000

Capital

INDEX

95,84,06,000

3,000

3,000 64 ]

[PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996.

Services and Purposes No. of Vote/ Appro- priation

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

7,10,29,000 7,10,29,000

Revenue 22Food

Capital

23 Other expenditure pertaining to Food and Civil Supplies Department Capital

Revenue 24 Forest and Environment Department

Revenue

23,36,000 23,36,000

52,90,000 52,90,000

68,59,000 68,59,000

52,49,61,000 52,49,61,000

25 Forest

90,54,67,000 90,54,67,000

Capital

3,84,00,000 3,84,00,000

Revenue 26 Environment

1,07,47,000 1,07,47,000

Capital 27 Other expenditure pertaining to Forest and Environment Department

Revenue .

28 Governor

Revenue

99,91,000,

99,91,000.

2,45,75,000 2,45,75,000

29 Council of Ministers

19,91,09,000 19,91,09,000

Revenue 30 Elections

Revenue 31 Public Service Commission

Revenue

1,75,30,000

1,36,75,000

38,55,000

11,32,25,000 11,32,25,000

32 General Administration Department

5,42,69,000 5,42,69,000

Revenue 33 Economic Advice and Statistics

Revenue

83,44,66,000 83,44,66,000

1,86,37,000 1,86,37,000

Capital 34 Other expenditure pertaining to General Administration Department

INDEX [PART IV

[6-5

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996.

No. of

Vote/

Services and Purposes Appro-

priation

Revenue Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

4,40,29,000

35 State Legislature

Capital

4,01,000 4,44,30,000

28,35,000

36 Loans and Advances to Government Servants in Gujarat Legislature Secretariat

28,35,000

2,34,90,000 2,34,90,000

37 Health and Family Welfare Revenue Department

3,69,70,41,000

38 Medical and Public Health Revenue

39 Family Welfare

3,69,70,41,000

75,29,45,000 、

Revenue 75,29,45,000

Revenue

81,47,30,000 81,47,30,000

40 Water Supply

95,30,00,000

Capital

Revenue

95,30,00,000

62,29,58,000 62,29,58,000

Capital

5,53,20,000 5,53,20,000

41 Other expenditure pertaining tỏ . Health and Family Welfare Department

Revenue

2,18,05,000 2,18,05,000

42 Home Department

43 Police.

Revenue

3,78,88,07,000

Revenue 44 Jails

13,96,65,000 13,96,65,000

Revenue 45 Transport

Revenue

91,97,45,000 91,97,45,000.

18,17,19,000

1,50,000 18,18,69,000

13,49,95,000 13,49,95,000

Capital 46 Other expenditure pertaining to Home Department

Revenue

1,31,10,000 1,31,10,000

47 Industries and Mines Department

Revenue

48 Stationery and Printing

IV-Extra-6-2

INDEX

27,78,70,000 27,78,70,000 .

6-6 ]

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-1996

[ PART IV

Sums not exceeding No. of Vote/

Appro- Services and Purposes

Voted

Total

priation

Charged on the Consolidated Fund

49 Industries

Revenue 1,00,17,85,000.

1,00,17,85,000

Capital 1,18,91,75,000

1,18,91,75,000

50.Mines and Minerals

Revenue 10,51,80,000

10,51,80,000

Revenue

1,33,35,000

Capital 1,65,52,000

1,65,52,000 51 Other expenditure pertaining to Indusries and Mines Department

Revenue

37,75,000

37,75,000 52 Information , Broadcasting and Tourism Department

Revenue

53 Information and Publicity

16,64,95,000

54 Tourism

Revenue 4,68,90,000

4,68,90,000

Capital

26,00,000

Revenue 1,33,25,000

1,33,25,000

46,60,000 .

46,60,000 55 Other expenditure pertaining to Information , Capital Broadcasting and Tourism Department

Revenue

80,57,000

80,57,000 56 Labour and Employment Department

Revenue

5.7 Labour and Employment :

59,26,14,000

Capital

25,000

58 -Other expenditure pertaining to Labour and Employment Department Capital 1,15,90,000

1,15,90,000

Revenue

59 Legal Department

1,27,00,000

Capital

25,000

60 Administration of Justice Revenue 45,53,06,000 7,61,25,000 53,14,31,000

INDEX [ PART IV

GUJARAT GOVERNMENT- GAZETTE, EX. , 30-3-1996

Services and Purposes No. of Vote/ Appro- priation

Revenue

Capital 61 Other expenditure pertaining to Legal Department

Revenue 62 Legislative and Parliamentary Affairs Department

63 Other expenditure pertaining to Legislative and Parliamentary Affairs Capital Department

Revenue 64 Narmada and Water Resources Department

Capital

[6-7

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

1,75,45,000

82,92,000

92,70,000

3,01,000

2,31,70,000

11,07,70,44,000

65 Narmada Development. 'Scheme

Revenue

11,07,70,44,000

5,85,04,56,000

66 Irrigation and Soil Conservation

Capital

5,85,04,56,000

2,42,76,60,000

Revenue

Capital

2,42,76,60,000

13,00,000

5,00,33,000

67 Other expenditure pertaining to Narmada and Water Resources Department

Revenue

5,00,33,000

1,41,50,000

68 Panchayats and Rural Housing Department

69 Community Development Revenue

1,41,50,000

1,03,9

1,03,94,30,000

Revenue 70 Rural Housing

1,03,94,30,000

23,52,50,000

Capital 61,11,71,000 84,64,21,000

3,92,00,000

INDEX

3,92,00,000 6-8 ]

[ PART IV

GUJARAT GOVERNMENT GAZETTΕ , ΈΧ. , 30-3-1996΄

Services, and Purposes No. of Vote/ Appro- priation

Revenue

71 Compensation and Assignments .

Revenue

72. Other expenditure.

Capital pertaining to Panchayats and Rural Housing .

Department

73 Fisheries

Revenue Sums not exceeding

Total Voted

Charged on the Consolidated Fund

23,07,35,000

13,31,80,000 13,31,80,000

10,93,43,000 10,93,43,000

14,74,74,000.

14,74,74,000

8,89,76,000

Capital 8,89,76,000

Revenue

Capital 74 Other expenditure pertaining to Ports and Fisheries Department

Revenue 75 Revenue Department

41,59,000

35,73,000

3,73,80,000

Revenue. 34,05,38,000.

76 Tax Collection Charges (Revenue Department )

Revenue 77 District Administration

34,05,38,000

34,51,90,000 34,51,90,000

Revenue 1,39,36,00,000

78 Relief on Account of Natural Calamities

Capital

Revenue;

79 Dangs District

Revenue

Capital 80 Compensation and Assignments

Revenue

Capital 81 Other expenditure pertaining to Revenue Department

Revenue

82 Roads and Buildings Department

INDEX

1,39,36,00,000

2,00,00,000 .

15,07,11,000

13,38,95,000

13,61,95,000

23,00,000

26,00,000 .

35,00,000

54,49,000

1,000

54,50,000

2,64,22,000

2,68,80,000

2,68,80,000 [ PART IV .

16-9 GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-1996.

Sums not exceeding

Total

Voted

Services and Purposes

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1,12,57,57,000

3,12,000

1,12,54,45,000

Revenue

83 Non-Residential Buildings.

63,89,36,000

Capital

44,77,14,000

Revenue

84 Residential Buildings

15,12,76,000

Capital

2,72,38,53,000

Revenue

85 Roads and Bridges

52,22,18,000

52,22,18,000-

Capital

3,01,20,000

Revenue

7,05,00,000

86 Gujarat Capital Construction Scheme

Capital

7,70,50,000

Revenue

7,70,50,000

2,85,23,000

Capital

87 Other expenditure pertaining to Roads and Buildings Department

1,25,20,000

Revenue 1,25,20,000

88 Social Welfare and Tribal Development, Department

2,79,45,000

Revenue

2,79,45,000

89 State Excise

1,06,52,13,000 :

33,00,000

Revenue 1,06,19,13,000

2,24,10,000

90 Social Security and Welfare

Capital

30,56,20,000

Revenue 30,56,20,000

57,15,000

91 Welfare of Scheduled Tribes

Capital

1,00,59,000

Capital

92 Other expenditure pertaining to Social Welfare Department

1,25,05,68,000

1,25,05,68,000 .

Revenue

8,62,36,000

93 Special Component Plan. for Scheduled Castes

Capital

3,28,53,19,000

Revenue

94 Tribal Area Sub Plan

1,15,67,00,000

1,15,67,00,000 ..

Capital.

IV-Extra-6-3

INDEX 6-10]

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

Services and Purposes No. of Vote/ Appro- priation

Revenue 95 Urban Development and Urban Housing Department

96 Urban Housing:

Revenue Capital

97 Urban Development

Revenue Capital

Revenue 98 Compensation , Assignment and Tax, Collection Charges

Revenue

Capital 99 Other expenditure pertaining to Urban Development and Urban Housing Department

Revenue.

100 Youth Services and Cultural Activities Department

Revenue

[PART IV

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

86,86,000

10,78,60,000. 19,31,08,000 30,09,68,000

5,34,30,000

69,40,04,000

26,00,00,000

28,53,00,000 16,01,03,000 44,54,03,000

1,34,73,000

40,64,000

40;64,000

37,85,000

11,60,03,000

101 Youth Services and Cultural Activities

Capital 102 Other expenditure pertaining to Youth Services and Cultural Activities Deparment

Revenue

11,60,03,000

24,92,000

77,82,71,04,000

Total :

Capital

15,52,84,42,000 93,35,55,46,000

22,67,79,69,000

Grand Total :

6,49,51,66,000 29,17,31,35,000

1,00,50,50,73,000

22,02,36,08,000 1,22,52,86,81,000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 7

The Gujarat Government Gazette

0 EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XXXVII ]

SATURDAY, MARCH 30,1996 / CAITRA 10, 1918

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

PART-IV

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

The following Act of the Gujarat Legislature, having been assented to by the Governor on, the 29th March, 1996 is hereby published for general information.

Smt . K. R. TRIVEDI,

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

GUJARAT ACT NO . 7 OF 1996.

(First published, after having received the assent of the Governor in the "Gujarat Govern- ment Gazette " on the 30th March , 1996 ) .

AN ACT

furtherto amend the Bombay Stamp Act, 1958.

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

1. (1) This Act may be called the Bombay Stamp (Gujarat Amendment) Act, 1996 .

Short title and commence ment .

(2) It shall come into force on the 1st April , 1996.

Amendment I to Bom . ofSchedule LX of 1958 .

Bom. 1958. LX of

2. In the Bombay Stamp Act , 1958, in Schedule- I , in Article 6, in clause (2), in sub - clause ( a) , in item ( ii) , in column 2, for the words " One rupee for every hundred rupees " , the words " Subject to a maximum of one lakh rupees , one rupee for every hundred rupees " shall be substituted .

7-1

IV -Extra-7-1

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2,

Extra No. 8

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, MARCH 30 , 1996 / CAITRA 10 , 1918

Vol . XXXVII ] .

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 March, 1996 is hereby published for general information .

Smt . K. R. TRIVEDI ,

Secretary to the Government ofGujarat, Legislative and Parliamentary Affairs Department .

GUJARAT ACT . NO . 8 OF 1996..

(First published, after having received the assent of the Governor in the "Gujarat Govern- ment Gazette " on the 30th March, 1996 ).

AN, ACT

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

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

1. ( 1 ) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Short title Amendment) Act, 1996 . and commen- cément .

(2) It shall come into force on the 1st April , 1996.

Bom.

LXV of 2. In the Bombay Motor Vehicles Tax Act , 1958 , in section 3A, in Amendment of 1958. sub-section ( 1 ) , in the Table, in entry 2, against clause ( a) , for the figures section of "3600" , the figures " 3000 " shall be substituted. 1958. 3A

8-1

IV-Extra-8-1

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 9

REGISTERED NO, GIGNK/2.

Che Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, MARCH 30, 1996 / CAITRA 10, 1918

Vol. XXXVII ]

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 followingAct of the Gujarat Legislature; having been assented to by the Governor on the 29th March, 1996 is hereby published for general information .

Smt . K. R. TRIVEDI, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO. 9 OF 1996 .

( First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 1996 ) .

AN ACT

further to amend the Gujarat Sales Tax Act , 1969.

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

Short title and commencement.

1. (1) This Act maybe called the Gujarat Sales Tax (Amendment )Act, 1996.

(2) It shall come into force on the 1st April , 1996.

2. In the Gujarat Sales Tax Act , 1969, in Schedule II, in PartA,-

Guj 1 of 1970.

Amendment of Schedule II , Part-A ofGuj . 1 of1970.

(1) in the entry at serial No. 31 A, in columns 3 and 4, for the words " Three paise in the rupee " , the words "Two paise in the rupee " shall be substituted;

(2) in the entry at serial No. 42, in sub-entry (1), in columns 3 and 4, for the words "Nine paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;

(3) in the entry at serial No. 68, in columns 3 and 4, for the words " Sixteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;

9-1

IV-Extra-9-1

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1996

9-2 ]

(4) inthe entry at serial No. 91, in columns 3 and 4, for the words " Eleven paise in the rupee " ,the words "Tenpaise in the rupee " shall be substituted;

(5) in the entry at serial No. 100, in sub -entry (1), in columns 3 and 4 for the words , "Thirteen paise in the rupee" , the words " Twelve paise in the rupee" shall be substituted;

(6) in the entry at serial No. 102, in columns 3 and 4, for the words " Thirteen paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;

(7) in the entry at serial No. 111, in columns 3 and 4, for the words "Sixteen paise in the rupee", the words "Fifteen paise in the rupee" shall be substituted; :

(8) in the entry at serial No. 115, in columns 3 and 4, for the words " Three paise in the rupee ", the words "Two paise in the rupee" shallbe substituted;.

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

(10) in the entry at serial No. 128, in sub -entry (4), in columns 3 and 4, for the words " Three paise in the rupee" , the words " Four paise in the rupec " shall be substituted;

(11) in the entry af serial No. 141, in columns 3 and 4, for the words "Eleven paise in the rupee " , the words " Ten paise in the rupee " shall be substituted;

(12) in the entry at serial No. 142, in sub-entry (a), in columns 3 and 4, for the words "Eleven paise in the rupee" , the words "Ten paise in the rupee" shall be substituted;

(13) in the entry at serial No. 144, in columns 3 and 4, for the words "Three paise in the rupee " , the words "Two paise in the rupee " shall be substituted;

(14) in the entry at serial No. 148, in columns 3 and 4, for the words " Eleven paise in the rupee " ; the words " Ten paise in the rupee " shall be substituted;

(15) in the entry at serial No. 184C, in columns 3 and 4, for the words " Three paise in the rupee " , the words "Two paise in the rupee " shall be substituted .

GOVERNMENTCENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO. GIGNR/2 , Ex: No. 10

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, JUNE 18 , 1996 / JYAISTHA 28 , 1918 VOL . XXXVII ]

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 .

INFORMATION, BROADCASTING AND TOURISM DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 18th June, 1996 .

GUJARAT ORDINANCE NO . 1 OF 1996 .

AN ORDINANCE

further to amend the Gujarat Tax on Luxuries ( Hotels and LodgingHouses ) Act, 1977.

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

Guj,24 of 1977.

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 Tax on Luxuries (Hotels and Lodging Houses) Act, 1977;

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 Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Ordinance, 1996..

(2) It shall come into force at once .

Guj ,24of 1977.

2.Guj.24 of1977to be temporarily amended.---During the period of operation of this Ordinance , the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) Act, 1977 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 10.

10-1

IV- Ex.10-1

INDEX 1.0-2 ] GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 18-6-1996

[PART IV

3.Amendment ofsection 2 ofGuj . 24 of1977.-In the principal Act, in sectio 112, clause (c) shall be deleted.

4.Amendment of section 3 ofGuj . 24 of 1977. In the pri

acipal Act, in section 3,-

deleted; (1) in sub - section (1 ) , second pro so shall b

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

"( 14) if in charge for lodging for the period not exceeding three hours immediately following the checkout ofà hotel is levied or a person, then nono tax shall be levied and collected from that person in respect of the luxury provided to be for that period." .

5.Amendment of section 4 ofGuj . 24 of 1977.- In the principal Act , in section 4, for sub-sections (3) and (4) the following shall be substituted, namely :-

"(3) Where luxury provided in a hotel for a specified number of persons is shared by persons more than the number specified (hereinafter referred to as " the additional persons " ) , then , in addition to the tax paid for luxury provided to the specified number of persons , there shall be levied and collected separately the tax, in respect of the charge levied for the additional persons accommodated, at the rate at which the tax would have been levied and collected as if the luxury provided in the hotel had not been shared by additional persons with the specified number of persons ." .

6. Amendment of section 5 of Guj . 24 of 1977. In the principal Act, in section 5, in sub -section ), for the words " eight days " , the words " fifteen days " shall be substituted.

7.Amendment of section 9 Guj. 24 of 1977.- In the principal Act, ini section 9, in sub-section (1 ), after the word and ligure "sion 6", Sigures ankite "or under section 20C" shall be inserted,

8.Amendment of section 10 ofGuj . 24 of 1977.--In the principal Act, in section 10,-

(1) in sub-section (1), after the words "suo motu ", the words " or on an application made in that behalf" shall be inserted;

(2) for sub-sections (2) and (2A) , the following shall be substituted , namely :-

"(2) No order shall be revised under sub-section (1) after the expiry oftwo years fromthedate ofsuch order unless the State Govemment or, as the case may be, designated officer, is satisfied that the proprietor was prevented bysufficient cause from making the application within that period.

Explanation . In computing the period of limitation for the purpose of this sub - section,

(a) any period during which the record of any proceeding has not been called for under the proviso to sub-section (1), and

(b) any period during which any proceeding under this section is stayed by an order or injunction ofany Civil Court ,

shall be excluded. " .

INDEX [10-3 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . , 18-6-1996

(3) in sub- section. (3) , for the words " the designated officer or, as the case may be , the Commissioner of Luxury Tax " , the words " or, as the case may be , the designated officer " shall be substituted .

(4) in sub- section (5), for the words " Commissioner of Luxury Tax " the words " State Government or, as the case may be , the designated officer " shall be substituted.

9.Amendment of section 13 ofGuj . 24 of 1977.-- In the principal Act, in section 13, in sub-section (1), for the words " one thousand rupees " , the words " ten thousand rupees " shall be substituted .

10.Insertion ofnew sections 20A, 20B and 20C in Guj . 24 of 1977. In the principal Act, after section 20,the following new sections shall be inserted , namely:

to Power reduce rateof tax.

"20A.( 1) The State Government may , by notification in the Official Gazette, reduce any rate oftax specified in sub- section ( 1) of section 3 of the Act .

(2) Every notification issued under sub-section (1) shall be laid for not less than thirty days, before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State, Legislature may make , during session in which it is so laid or the session immediately following.

(3)Anyrescission or modification so made by the State Legislature shall be published in the Official Gazetteand shall thereupon take effect.

Exemption.

20B. ( 1) The State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette, exempt any person or persons to whom any luxury is provided by such hotel or class of hotels from payment of the whole or part of the tax, subject to such conditions , as may be specified therein .

(2) Every notification issued under sub - section (1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which it is so laid or the session immediately following.

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

Liabilityto paytax in event of breach of conditions of exemption.

20C. (1) Where any person or persons to whom luxury is provided in a hotel or class of hotels is exempted under section 20B from the whole or any part of the tax subject to any condition, then , in the event of breach of any such condition, the proprietor of such hotel shall, notwithstanding such exemption, be liable to pay tax in relation to the luxury provided in such hotels .

(2) Ifthe Collector has reason to believe that the proprietor is liable to pay tax under sub-section ( 1), the Collectorshall serve on the proprietor a notice requiring him on a date and place specified therein, either to attend and produce or cause to be produced all evidence on which such proprietor relies in connectionwith his liability under this section or to produce such evidence as is specified in the notice . Onthe date specified inthe notice , or as soon as may be, thereafter the Collector shall, after considering all the evidence which may beproduced, assess to the best of his judgement, the amount of tax so due. " .

INDEX 10-4] GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 18-6-1996 [ PART IV

STATEMENT

Withaviewto promoting tourism in the State ofGujarat as envisaged in the New Tourism Policy declared onthe floor of the House of the Legislative Assembly on 29th July , 1995, it is considered necessary to amend theGujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977.

Under the existing provisions of sub-section (3) of section 4 of the Act, the tax is levied on full charge forthe luxury provided in a hotel eventhough when such luxury is provided free of charge or at concessional rate. Inorder to promote business of hotel industries , it is necessary to levy tax on the actual charge of lodging paidby the person. Hence it is considered necessary to delete clause (c) of section 2 and sub- section (3) of section4.

It is alsoconsidered necessary to substitute sub-section (4) of section 4 so that when luxury provided in a hotel forspecified number of persons is shared by persons more than such specified persons, then, in addition tothetax paid for luxury provided to the specified persons , the tax shall be levied in respect ofthe charge paid for the additional persons accommodated at a rate at which the tax would have been levied and collected as ifthe luxury provided in ahotel had not been shared by such additional persons with the specified number ofpersons.

It has been represented by the proprietors ofthe hotels to the Government that the luxury tax should not be levied for the stay after the checkout time particularly when charge of lodging is not collected from such person for such stay. In view ofsuchrepresentations, new sub-section ( 1A) is inserted in section 3. to provide that where charge for lodging for a period not exceeding three hours immediately following the checkout time of a hotel is not recovered from the person, then notax shall be levied and collected from that person in respect of luxury provided for such short period..

Sub-section (1) ofsection 5 is amended so as to increase the period of furnishing monthly returns from eight days to fifteen days and sub-section (1 ) of section 9 is amended in order to enable the proprietor to file an appeal against the assessment order made under section 20C.

Underthe existing provisions of section 10, the power to revise the order of the Collector or theAppellateAuthority is conferred concurrently on the State Govemment as well as the Commissioner of Luxury Tax. It is considered necessarythat suchpowershould rest only with the State Government , Therefore, section 10 is amended to provide accordingly.

Sub- section (1) of section 13 is amended in order to increase the amount ofpenalty from one thousand rupees to ten thousand rupees .

New sections 20A, 20B and 20C are inserted inthe Act . Section 20A empowers the State Government to reduce the rate oftax specified in sub-section ( 1) ofsection 3. Section 20B empowers the State Government to exempt. inthe publicinterest, by notification in the Official Gazette a person to whom any luxury is provided by such hotel or class ofhotels from paymentofwhole or part ofthe tax subject to such conditions, as may be specified therein. Section 20C makes the proprietor liableto pay luxurytax in event of the breach ofconditions for such exemption.

For this purpose, a Bill called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amend- ment) Bill , 1996was introduced in the Gujarat Legislative Assembly on 21st March, 1996 but could not be takenup 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,

KRISHNAPAL SINGH, Governor ofGujarat.

Dated the 18th June , 1996 .

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

A. D. DESAI .

Secretary to Government .

INDEX Extra No. 11

REGISTERED NO . GIGNR12,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY , JUNE 26 , 1996/ ASADHA 5 , 1918,

VOL. XXX VII ]

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:

REVENUE DEPARTMENT

Sachivalaya, Gandhinagar , Dated the 26th June , 1996.

GUJARAT ORDINANCE NO. 2 OF 1996.

AN ORDINANCE

further to amend the Bombay Land Reveriue Code, 1879 .

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 Boim . V of necessary for him to take immediate action to amend the Bombay Land Revenue Code, 1879; 1879.

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 ofthe 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 Land Revenue Code (Gujarat Amendment ) Ordinance,1996.

(2) It shall come into force at once.

Bom. Vof 1879.

2. Bom. V of 1879' to be temporarily amended . During the period of operation of this Ordinance, the Bombay Land Revenue Code , 1879 (hereinafter referred to as " the principal Act ") shall have effect subject to the amendments specified in sections 3 to 6.

3. Amendment of section 48 of Bom. V of 1879. In the principal Act, in section 48, after sub-section (2), the following new sub-section shall be inserted , namely:

IV-EX.- 11-1

INDEX [PART.IV GUJARAT GOVERNMENT GAZETTE , EX, 26-6-1996 11-2

"(2A) Where any land assessed for any purpose is used for bonafide industrial purpose under section 65B and a certificate to that effect is issued to the occupant of such land under that section, the assessment fixed under the provisions of this Act upon such land shall , not- withstanding that the term for which such assessment may have been fixéd has not expired, be liable to be altered and fixed at a different rate with effect from the commencement of the revenue year in which the use of land for the bonafide industrial purpose is commenced, by -suchauthority and subject to such rules as the State Government may prešcribe in this behalf. " .

4. Insertion ofnew section in Bom. V of 1879. In the principal Act, after section 65A, the following riew section shall be inserted, namely:-

"65B. (1).Notwithstanding anything contained in section 65 or 65A, where

Use of certain lands for bonafide in- dustrial pur- pose.

(a) any land used or held for the purpose of agriculture or, as the case may be, for any non-agricultural purpose'not being an industrial purpose is ,

President's Act No.27 of1976 (i) designated for the use of industrial purpose in the draft or final development planor draft or final town planning scheme under the Gujarat Town Planning and UrbanDevelopment Act, 1976; or

(ii) situated in the area where no plan or scheme referred to in sub - clause (i) isin force, and

(b) the occupant of such land wishes to use suchland or part thereof

(1) for a bonafide industrial purpose other than the purpose of manufacture or storage of any chemical or petrochemical,

it shall belawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, namely:---

(a) the occupant has a clear title to such land,

(b) such land or part thereof,-

President's Act No.27of1976.

(i) is not shown as reserved for a public purpose in any draft or final development plan or draft or final town planting scheme under the Gujarat Town Planning and Urban Development Act, 1976,

(ii) is not notified for'acquisition under the Land Acquisition Act, 1894 or any other I of 1894. law for the time being in force,

(iii) does not fall within the alignment of any road plan prepared by the State Government or the command area of any irrigation project,

(iv) is not situated within thirty metres from the boundary of any land held for the purpose of railway by the Central Government or the Indian Railway Company Ltd., or

(v) is not situated within fifteen metres of the, high voltage transmission line;

INDEX 11-3 GUJARAT GOVERNMENT GAZETTE , EX . 26-6-1996

PART IV ]

(II) for the purpose of manufacture or storage of any chemical or petrochemical ,

it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions in addition to the conditions mentioned in sub -clause (1) , namely :-

such land or part thereof is not situated within two kilometres from the boundary of,-

7of1904.

(i).an ancient monument declared as ' protected monument ' under sub- section (1) of . section 3 of the Ancient Monuments Preservation Act, 1904;

Guj .25 of1965.

(ii) an ancient and historical monument declared as ' protected monument' under sub - section (3 ) ofsection 4 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act , 1965;

XVI of1927 .

(iii) a forest land or waste land declared as ' reserved forest land ' under section 3 of the Indian Forest Act , 1927;

XVI (iv) a forest land or waste land known as ' protected forest ' under section 29 of the Indian Forest Act, 1927;

53 of1972.

(v) an area declared as ' sanctuary ' under sub-secuon ( 1 ) of section 18 of the Wild Life (Protection) Act, 1972; or

53 of1972 .

(vi) an area declared as ' national park' under section 35 of the Wild Life (Protection) Act, 1972 .

(2)(a) The occupant shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Governinent or any Corporation owned or controlledby such Government, Government Company, local authority or statutory authority in relation to use of land for a bonafide industrial pumose under sub -section (1 ) before the land is put to use for such purpose.

(b).Where an occupant commences the use of the land for a bonafide industrial purpose under sub- section (1 ) , he shall within thirty days from the date of commencement ofthe use of land for a bonafide îndustrial purpose, send a notice of the date of commencement of such use, alongwith other particulars in such form as may be prescribed by rules made under this Act, to the Collector and endorse a copy thereof to the Mamlatdar.

(3) Where, on the receipt of such notice alongwith other particulars sent by the occupant under clause (b) of sub - section (2) , the Collector, after making such inquiry as he deems. fit,

(a) is satisfied that the occpuant of such land has validly commenced the use of the land for a bonafide industrial purpose under sub- section (1) , he shall issue a certificate to that effect to the occupant in such form and within such period as may be prescribed by rules made under this Act,

(b) is not so satisfied, he shall , after giving the occupant an opportunity of being heard, refuse to issue such certificate:

Provided that. no such certificate shallbe issued under clause (a) unless the conversion . tax leviable under section 67A is paid.

INDEX [PART IV 11-4

26-6-1996

GUJARAT GOVERNMENT GAZETTE, EX

(4) (a) Where the occupant fails to send the notice and other particulars to the Collector under clause (b) of sub - section. (2) within the period specified therein , he shall be liable to pay, in addition to the non -agricultural assessment leviable under this Act, such fine not exceeding ten thousand rupees as the Collector may, subject to rules made under this Act, direct .

(b) (i ).Where the occupant commerices the use of such land for industrial purpose despite the non- fulfilment of any of the conditions specified in sub - section ( 1) , or

(ii ) where a certificate is refused to the occupant under clause (b) of sub - section (3 ) ,

he shall be liable , in addition to the payment of non- agricultural assessment leviable-under this Act, to restore such land to its original use within such period as the Collector may specify in a notice served on suchsuch occupant in this behalf.

(c) Where such occupant does not restore the land to its original use within the period specified by the Collector in the notice served under clause (b)

(i) he shall be liable to pay such fine not exceeding five thousand rupees and in addition, such daily fine not exceeding one hundred rupees per hectare or part thereof of land not so restored for cach day during which such land is not restored to its original use , after the expiry of the period specified in such notice as the Collector nay , subject to rules made under this Act , direct, and

(ii ) the Collector shall take steps as he thinks fit to get such land restored to its original use and collect the cost incurred in this behalf from such occupant as an arrear of land revenue .

(5) (a) The occupant shall commence industrial activity on such land within three years from the date of the notice sent by him to the Collector under clause (b ) of sub - section (2) and commence production of goods or providing of services on such land within five years from such date:

Provided that the period of three years or, as the case may be , five years may, on an application made by the occupant in that behalf, be extended from time to time by the Collector. in such circumstances as may be prescribed by rules made under this Act .

(b) Where the occupant fails to commence industrial activity or production of goods or providing services within the period specified in clause (a) or the period extended under the.. proviso to clause (a ) , he shall be liable to pay , in addition to non - agricultural assessment leviable under section 48, non -agricultural assessment at the rate of five rupees per square metre of the land with effect from the date of expiry of the period of three years or five years or, as the case may be, the period extended under the proviso to clause ( a) till be commences industrial activity or, as the case may be, commences production of goods or providing services .

29 of 1986.

Explanation J. For the purposes of this section , section 48 and section 67A, the expression "bonafide industrial purpose" means an activity of manufacture , preservation or processing of goods, (other than the hazardous and toxic chemicals specified in Part II of the Schedule I to the Manufacture , Storages and Import ofHazardous Chemicals Rules , 1989 made under the Environ- ment (Protection) Act, 1986 and for the time being in force) or any handicraft, or industrial business or enterprise , carried on by any person and includes construction of industrial buildings used for the manufacturing process or purpose , or power projects or port projects and ancillary

INDEX 11-5 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX . - 26-6-1996

industrial usage like research and development, godown, canteen , office building of the moussy concerned , or providing housing accommodation to the workers of the industry concerned, or establishment of industrial estate including a co -operative estate or service industry or tourism orcottage industry.

Explanation II. For the purposes of this section , an occupant shall be deemed to have commenced the use of land for a bonafide industrial purpose from the date on which he ceases to use the land for agricultural or non - agricultural purpose existing immediately before the date of such cesser. " .

5.Amendment of section 67A ofBom. V of 1879. -In the principal Act, in section 67A, -

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

(a) in clause (b), for the words " in that section " , the words " in that section , or " shall be substituted;

(b) after clause (b ) , the following clause shall be added ,namely:-

" (c) is used for bonafide industrial purpose under section 65B, " ;

(2) in sub- section (2), in the proviso , for the words " under this sub -section " , the words , brackets , figure and letter " under this sub -section or under sub- section (2A) " shall be sub- stituted;

(3) after sub -section (2) but before the proviso , the following new sub -section shall be inserted, namely:---

"(2A) Where any land assessed or held for any non - agricultural purpose not being an industrial purpose (hereinafter referred to as " the existing non -agricultural purpose ") and situated in a specified area is used for a bonafide industrial purpose under section 65B , the occupant of such land shall be liable to pay to the State Government a' tax at such rate as is equivalent to the difference between the rate of tax applicable to the industrial purpose specified inthe corresponding entry in column (6) of the Table below and the rate of tax applicable to the existing non- agricultural purpose specified in columns (3 ), (4) and (5) of the Table below. " .

6. Amendment of section 214 of Bom. V of 1879. In the principal Act, in section 214, in sub-section (2 ), clause (h) shall be renumbered as clause (gi ) and after clause (gi ) as so renumbered, the following clause shall be inserted , namely:

" (b) the form of notice and the particulars to be sent under clause (b) of sub- section (2 ), the form of and the time within which a certificate is to be issued under sub - section (3), the rules subject to which the Collector may direct payment of fine under clauses (a ) and (c ) and the form of notice to be served under clause (b ) , of sub - section (4) , and the circumstances in which the period may be extended under the proviso to clause (a) of sub- section (5), of section 65B. " .

IV-EX.- 11-2

INDEX [PART- IV

26-6-1996

GUJARAT GOVERNMENT GAZETTE , EX.

11-6.

STATEMENT

Under the existing provisions of sections 65 and 65A of the Bombay Land Revenue Code , 1879, permission of the Collector is required for change of use of the land from agricultural to non-agricultural.or from one non- agricultural to another non -agricultural use . With a viewto encouraging industrialists and entrepreneurs to start industries in the Gujarat State , it is considered necessary to do away with the requirement of taking permission of the Collector for change of use of land from agricultural or, as the case may be , non - agricultural to bonafide industrial purpose in the cases where the land is designated for use of industrial purpose in the draft or final development plan or in the draft or final town planning scheme or where the land is situated in the area where no such plan or scheme exists . However, before the use of land is changed from agricultural or non - agricultural to bonafide industrial purpose other than the purpose of manufacture or storage of chemical or petrocheniical , the occupant is required to comply with certain conditions . Those . conditions are that the land or part thereof is not reserved for any public purpose under the draft or final development plan or draft or final town planning scheme ; it is not notified for acquisition under the Land Acquisition Act, 1894; it does not fall within the alignment of any road plan or the Command Area of any irrigation project or within thirty metres of any railway line or within fifteen metres of high voltage transmission line ; etc. Where the occupant wishes to use such land for the purpose of manufacture or storage of any chemical or petrochemical industry, he is required to fulfil an additional condition that such land or part thereof is not situated within two kilometres from the boundary of the 'protected monument' , ' reserved. forest ' , ' protected forest ' , ' sanctuary' or 'national park ' declared as such under the relevant laws . For the aforesaid purpose , a new section 65B is inserted in the said Code empowering the occupant to use the land for a bonafide industrial purpose without permission of the Collector . The expression ' bonafide industrial purpose ' is defined and while so defining , the activities of the manufacture , preservation and processing of hazardous and toxic chemicals specified in the rules made under the Environment (Protection) Act. 1986 are excluded . The said section 65B also provides for restoration ofthe land to its original use and for levy of additional non - agricultural assessment in the cases where the land is used for industrial purpose without complying with those conditions or where a certificate of valid use of. land is refused . Certain consequential amendments in sections 48 , 67A and 214 of the Code are also made .

For this purpose, a Bill called the Bombay Land Revenue Code (Gujarat Amendment) Bill , 1996 was introduced in the Gujarat Legislative Assembly on 25th March; 1996 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 Code to achieve the aforesaid objects.

Gandhinagar,

KRISHNAPAL SINGH, Dated the 26th June, 1996.

Governor ofGujarat ..

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

A. K. JOTI ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO, GIGNK/2

Extra No. 12

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXX VII ] WEDNESDAY , JUNE 26 , 1996/ASADHA 5 , 1918 ..

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,

REVENUE DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 26th June , 1996 . GUJARAT ORDINANCE . NO . 3 OF 1996 .

AN ORDINANCE

further to amend the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement andAgricultural Lands Ordinance, 1949, and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) .

Act,1958.

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

Bom . LXVII of 1948. Sau . Ord . XLI of1949. 1958. Bom . XCIX of 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 Tenancy and Agricultural Lards Act, 1948 , the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , 1949 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Arca ) Act , 1958; NOW, THEREFORE , in exercise of the powers conferred on him by clause ( 1) of article 213 ofthe 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 Tenancy and Agricultural Lands Laws (Amendment) Ordinance, 1996.

(2) It shall come into force at once .

Bom. LXVII of 1948. Sau . Ord . XLI of1949 . Bom. XCIX of 2. Bom. LXVII of 1948, Sau. Ord. XLI of 1949 and Bom. XCIX of 1958 to be temporarily amended. During the period of operation of this Ordinance, the Bombay Tenancy and Agricultural- Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , 1949 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 shall have effect subject to the amendments specified respectively in sections 3 to 10 .

1958.

IV- EX.- 12-1

12-1

INDEX 12-2

[PART IV GUJARAT GOVERNMENT GAZETTE, EX . 26-6-1996-

of1948. Bom.LXVII -3.Amendment ofsection 43 ofBom. LXVII of 1948. In the Bombay Tenancy and Agricultural Lands Act , 1948 (hereinafter referred to as " the Bombay Tenancy and Agricultural Lands Act " ) , in section43 ,-

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

Bom.Vof " (1C) The land to which sub - section (1) applies and for which no permission is required under sub - section ( 1) of section 65B of the Rombay Land Revenue Code , 1879 for use of such land for a bode industrial purpose may , notwithstanding anything contained in sub - section (1 ) of this 1879. section , be sold without the previous sanction of the Collector under sub -section (1) but subject to payment of such amount as may be determined by the State Government under sub -section (1 ) . " ;

(2) in sub -section (2) , after the words , brackets and figure " sub- section (1) " , the words, brackets , figure and letter " or sub- section (IC) " shall be inserted.

4. Insertion ofnew section in Bom, LXVII of 1948. In the Bombay Tenancy and Agricultural Lands Act, after section 63A, the following new section shall be inserted, namely :

1879. Bom. V of "63AA: (1 ) Nothing in section 63 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub -section (1 ) of section 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose:

Sale of land industrial pur- for bonafide Posted per- certain cases.

lcd that

33of 1976.

(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2ofthe Urban Land (Ceiling and Regulation) Act, 1976,

(b) where the area of the land proposed to be sold exceeds ten hectares , the person to whom the land is proposed to be sold in pursuance of this sub - section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer , as the State Governinent may, by an order in writing , authorise in this behalf,

(c) the area of the land proposed to be sold shall not exceed four times the area on which construction for bonafide industrial purpose is proposed to be made by the purchaser :

Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times thearea,

Bom. V of 1879.

(d) where the land proposed to sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879.

(2) Nothing in section 63A shall apply to any sale made in pursuarice of sub - section(1).

(3) (a) Where the land is sold to a person in pursuance of sub - section (1) (hereinafter referred 'to as " the purchaser " ) , he shall within thirty days from the date of the purchase of the land for bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar.

INDEX 12-3 GUJARAT GOVERNMENT GAZETTE , EX . 26-6-1996

PART IV]

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause ( a) within the period specified therein, he shall be liable to pay, in addition to the non - agricul- tural assessment leviable under this Act , such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act , direct .

(c) Where on receipt of the notice of the date of purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit,-

(i) issatisfied that the purchaser of such land has validly purchased the land for bonafide industrial purpose in conformity with the provisions of sub - section ( 1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed,

(ii) is not so satisfied , he shall , after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal , the sale of land to the purchaser shall be . deemed to be in contravention of section63.

(d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub -clause (ii) of clause (c) may file an appeal to the State Government or such officer , as it may, by an order in writing, authorise in this behalf.

(ii) The State Government or the authorised officer shall, after giving the appellant an opportunity of being heard , pass such order on the appeal as it or he deems fit .

(4)(a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is putto use for such purpose .

(b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub -section (3), shall commence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date:

Provided that the period of three years or, as the case may be , five years may, on an application made by the purchaser in that behalf, be extended from time to time, by the State Government or such officer, as it may, by an order in writing , authorise in this behalf, in such circumstances as may be prescribed.

(5) Where the Collector, after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing ofservices within the period specified in clause (b) of sub-section (4) , or the period extended under the proviso to that clause, the land shall vest in the StateGovernment free from all'encumbrances on payment to the purchaser ofsuch compensation as the Collector may determine , having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land. " .

INDEX 12-4

[PART IV GUJARAT GOVERNMENT GAZETTE , ΕΧ . 26-6-1996

5. Amendment of section 82 ofBom. LXVII of 1948. In the Bombay Tenancy and Agricultural LandsAct, in section 82 , in sub - section (2), after clause (ka ) , the following clause shall be inserted, namely:

"(kaa) the form of notice and particulars to be sent under clause ( a), the rules subject towhich the Collector may direct the payment of fine under clause (b) , the form of and the time withinwhich a certificate is to be issued under sub -clause (i ) of clause (c ), of sub- section (3) and the circumstances inwhich the period may be extended under the proviso to clause (b) of sub -section (4), of section 63AA;" .

Sau. XLI of Ord. 1949.

6. Insertion of new section in Sau . Ord. XLI of 1949. In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , 1949 (hereinafter referred to as " the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance ") , after section 54, the following new section shall be inserted , namely :

Bom. V of 1879 .

Sale of land for bonafide industrial mitted in cer- purpose per- -tain cases .

"55. (1) Nothing in section 54 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section (1) of section 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose :

Providedthat

33of 1976.

(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban Land(Ceiling and Regulation) Act , 1976,

(b) where the area of the land proposed to be sold exceeds ten hectares , the person to whom the land is proposed to be sold in pursuance of this sub - section shall obtain previous permission ofthe Industries Commissioner, Gujarat State or such other officer, as the State Governinent may, by an order in writing, authorise in this behalf,

(c) the area of landproposed to be sold shall not exceed four times the area on which construction for bonafide industrial purpose is proposed to be made by the purchaser :

(d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, Bom . Vof the sale shallbe subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879. 1879.

(2) (a) Where the land is sold to a person in pursuance of sub-section (1) (hereinafter referred to as " the purchaser " ), he shall within thirty days from the date of the purchase of the land for bonafide industrial purpose, send a notice of such purchase in such form alongwith such other particulars as maybe prescribed, to the,Collector and endorse a copy thereof to the Mamlatdar...

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Ordinance, such fine not exceeding two thousand rupees as the Collectormay, subject to rules made under this. Ordinance, direct.

INDEX 12-5.

PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . 26-6-1996

(c)Where on receipt of the notice of the date of purchase for the use of land for a bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit,-

(i) is satisfied that the purchaser of such land has validly purchased the land for bonafide industrial purpose in conformity with the provisions of sub- section (1) , he shall issue à certificate to that effect to the purchaser in such form and within such time as may be prescribed,

(ii) is not so satisfied , he shall , after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 54.

(d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub -clause (ii) of clause (c) may file an appeal to, the State Government or such officer, as it may, by an order in writing, authorise in this behalf.

(ii) The StateGovernment or the authorised officer shall , after giving the appellant an opportunity ofbeing heard, pass such order on the appeal as it or he deems fit .

(3) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government of StateGovernment or any Corporation owned or controlledby such Government, Government Company, local authority or statutory authority in relation ..to use of land for industrial purpose before the land is put to use for such purpose .

(b) The purchaser to whom a certificate is issued under sub- clause (i) of clause (e) of sub- section (2) shall commence industrial activity on such land within three years from the date of certificate and commence production of goods or providing of services within five years from such date :

Provided that the period of three years or, as the case may be , five years may , on an application made by the purchaser in that behalf, be extended from time to time , by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, in such circumstances as may be prescribed.

(4) Where the Collector , after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b ) of sub-section (3), or the period extended under the proviso to that clause , the land shalPvest in the State Government free from all encumbrances on payment to the purchaser of such compensation as the Collector may determine , having regard to the price paid by the purchaser and such land shall be disposed of by the State Govemment , having regard to the use of land. " .

7. Amendment of section 73 of Sau. Ord. XLI of 1949. In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, in section 73, for sub -sections (2) and (3) , the following sub-sections.shall be substituted, namely :--

"(2) In particular and without prejudice to the generality of the foregoing provisions , such rules may provide for the following matters :-

(a) the manner of determining debts and liabilities under section43;

(b) the manner of notifying liquidation scheme sanctioned under section47;

IV-EX-12-2

INDEX 12-6 GUJARAT GOVERNMENT GAZETTE, EX. 26-6-1996 [ PART IV

(d) the form of notice and particulars to be sent under clause (a), the rules subject to which the Collector may direct the payment of fine under clause (b ), the form of and the time within which a certificate is to be issued under sub-clause (i) of clause (c), of sub -section (2) and the circumstances in which the period may be extended under the proviso to clause (b ) of sub -section (3), of section 55; and

(e) any other matter which is to be or may be, prescribed under this Ordinance.

(3) Rules made under this section shall be subject to the condition of previous publication in theOfficial Gazette.

(4) All rules made under this section shall be laid before the State Legislature as soon as may beafter they arethey are made and shall be subject to stich modifications as the State Legislature may inake during the session in which they are so laid or the session immediately following.

(5) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect ." .

Bom of 1958.

Amendment of section 57 of Bom. XCIX of 1958. In the Bombay Tenancy and Agricul- tural Lands (Vidarbha Region and Kutch Area ) Act, 1958 (hereinafter referred to as "the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act ") in section 57 ,

(1) after sub-section (1), the following sub-section shall be inserted, naniely

of "(1A) The land to which sub- section ( 7 ) applies and for which no permission is required Bom. under sub- section ( 1 ) of section 65B of the Bombay Land Revenue Code , 1879 for use of such 1879, land for abonafide industrial purpose may notwithstanding anything contained in sub-section (1) ofthis section, be sold without the previous sanction of the Collector under sub - section ( 1 ) . " ;

(2) in sub- section (2), after the words , brackets and figure "sub -section (1) " , the words , brackets , figure and letter " or sub- section (1A) shall be inserted.

9. Insertion of new section in Bom. XCIX of 1958 -In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, after section 89, the following new section shall be inserted, namely:

Sale of land for bonafide industrial purpose permitted certain cases.

Bom. V of1879.

"89A. (1 ) Nothing in section 89 shall prohibit the sale or the agreement for the sale of land fo which no permission is required under sub-section (1 ) 1(1) of section 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose

Provided that

(a) the land is not situated within the urban agglomeration as defined in clause (n) ofsection 2 of the Urban Land (Ceiling and Regulation) Act, 1976,

(b) where the area of the land proposed to be sold exceeds ten hectares , the person towhom the land is proposed to be sold in pursuance of this sub- section shall obtain previous permission of the Industries Commissioner, Gujarat State , or such other officer, as the State Government may, by an order in writing, authorise in this behalf,

(c) the area of the land proposed to be sold shall not exceed four times the area on which construction for bonafide industrial purpose is proposed to be made by the purchaser.:

Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant

INDEX 12-7-

PART IV] GUJARAT GOVERNMENT GAZETTE, EX. 26-6-1996

authority under that law shall not be taken into account for the purpose of computing four times the area,

Bom. V

of 1879.

(a) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879.

(2) Nothing in section 90 shall apply to any sale made in pursuance of sub- section (1).

(3) (a ) Where the land is sold to a person in pursuance ofsub - section (1) (hereinafter referred to as " the purchaser ") , he shall within thirty days from the date of the purchase of the land for bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar.

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein , he shall be liable to pay , in addition to the non-agricultural assessnient leviable under this Act, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act , direct .

(c) Where on receipt of the notice of the date of purchase for the use of land for bonafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit,

(i) is satisfied that the purchaser of such land has validly purchased the land for bonafide industrial purpose in conformity with the provisions of sub-section ( 1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed ,

(ii) is not so satisfied , he shall , after giving the purchaser an opportunity of being heard,. refuse to issue sucli certificate and on such refusal , the sale of land to the purchaser shall be deemed tobe in contravention of section 89.

(a) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub-clause (i) of clause (c) may file an appeal to the State Government or such officer , as it may, by an order in writing , authorise in this behalf.

(ii) The State Government or the authorised officer shall, after giving the appellant an opportunity of being heard, pass such order on the appeal as it or be deems fit.

The purchaser shall comply with the provisions of any law for the time being in force or any order or u . the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose .

(b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) of sub-section(3), shall comunence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date :

Provedthat the period of three years or, as the case may be , five years may, on anapplication made by the pubaserat behalf, be extended from time to time, by the State Government or such officer, as it may, by an ord writing authorise in this behalf, in such circumstances as maybe prescribed.

(5) Where the Collector, after making such inquiry as deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) of sub-section (4), or the period extended under the proviso to that clause , the land

INDEX 12-8

26-6-1996 [PART IV GUJARAT GOVERNMENT GAZETTE , EX .

shall vest in the State Government free from all encumbrances on payment to the purchaser of such compensation as the Collector may determine , having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land .

10. Amendment of section 118 of Bom. XCIX of 1958. In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act, in section 118, in sub- section (2 ), after clause (xix ), the following clause shall be inserted, namely :

"(xix-a) the form of notice and particulars to be sent under clause ( a), the rules subject to which Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub- clause (1) of clause ( c); of sub- section (3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub- section (4), of section 89A) "

STATEMENT

At present there are three different Tenancy Laws in operation in the State . In the, Bombay area of the State, the Bombay Tenancy and Agricultural Lands Act , 1948 is in force, in the Kutch area of the State, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act , 1958 is in force , and in the Saurashtra area of the State, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , 1949 is in force . In the Acts applicable to the Bombay area and the Kutch area of the State, the tenant is prohibited from selling without the permission of the Collector, the land which he has purchased under those Acts and in all the three Acts, there is prohibition against the sale of agricultural land by an agriculturist to a non- agriculturist without the permission of the Collector With a view to encouraging industrialists and entrepreneurs to start industries in the State , it is considered necessary to amend those Acts to do away with bar against sale of land by tenant or by an agriculturist to non -agriculturist without taking permission of the Collector so that the land car immediately be used for a bonafide industrial purpose. However, where the total extent of such land so purchased exceeds , ten hectares , the purchaser is required to obtain prior permission of the Industries Commissioner or an officer authorised by the State Government . Under the amended provisions , the purchaser is required to commence the industrial activity within a period of three years from the date of issue of certificate of valid sale to him by the Collector and to commence production of goods or providing services within five years from such date or within the extended period , failing which the land shall vest in the State Government on payment of compensation to the purchaser and the Government would be free to dispose it of having regard to the use of land .

For this purpose , aBill called the Gujarat Tenancy and Agricultural Lands Laws (Amendment ) Bill , 1996 was introduced in the Gujarat Legislative Assembly on 25th March, 1996, 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 these three Acts to achieve the aforesaid objects .

KRISHNAPAL SINGH , Gandhinagar,

Governor of Gujarat Dated the 26th June , 1996 .

By order and in the name of the Governor of Gujarat

A.K. JOTI,

Secretary to Government .

GOVERNMENT GENTRAL PRESS, GANDHINAGAR

INDEX Extra No: 13

REGISTERED NO. GIGNR/2,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII WEDNESDAY, AUGUST 7 , 1996 / SRAVANA 16, 1918

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.

AGRICULTURE, CO - OPERATION AND RURAL DEVELOPMENT DEPARTMENT Sachivalaya, Gandhinagar, Dated the 7th August, 1996.

GUJARAT ORDINANCE NO . 4 OF 1996.

AN ORDINANCE

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

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

Guj.X of 1962.

AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Co- operative Societies Act, 1961 ; :

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. (1).Short title and commencement. This Ordinance may be called the Gujarat Co - operative Societies (Amendment) Ordinance , 1996.

(2) It shall come into force at once .

Guj . X of 1962.

2. Guj . X of 1962 to be temporarily amended.--During the period of operation of this Ordinance, the Gujarat Co- operative Societies Act; 1961 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in section 3 .

13-1

IV-Ex- 13-1

INDEX 13-2 ]

GUJARAT GOVERNMENT GAZETTE, EX . , 7-8-1996

[ PART IV

3. Amendment ofsection 99 ofGuj . X of 1962. In the principal Act, in section 99, after sub - section (3) , the following new sub- sections shall be inserted, namely:-

"(4) Notwithstanding anything contained in süb- sections (1 ), (2) and (3) , the following disputes or class of disputes , if the plaintiff so desires, shall be decided summarily by the Registrar, or his nominee or board of nominees , in such manner as may be prescribed, namely:-

(a) any dispute for recovery of debt upon promissory note, hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the bye -laws ;

(b) any dispute for recovery of a fixed sum of money or in the nature of debt, with or without interest, arising on a written contract;

(c) any dispute for recovery of price of goods sold and delivered, where the rate, quality and quantity are admitted in writing;.

(d) anydispute for recovery of dues payable by a member of a housing society towards contribution for construction of the house, or any dispute in respect of repayment of any loan, interest on loan, ground rent, local authority taxes , sinking fund, water charges, electrical charges, maintenance and upkeep charges or charges for other services rendered by the society and the interest on such arrears , payable under the written agreement or under the bye - laws .

(5) ( a) The defendant shall not be entitled to defend the dispute unless he obtains leave from the Registrar, his nominee or, as the case may be , the board of nominees , in such manner as may be prescribed .

(b) The Registrar,, his nominee or board of nominees may grant the leave under clause (a) on such conditions , as he thinks fit .

(c) The Registrar, his nominee or board of nominees shall not refuse the leave to defend the dispute unless he is satisfied that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious .

(d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such leave, the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by the defendant :

Provided that the Registrar, his nominee or board of nominees in his discre- tion requires any fact so admitted to be proved otherwise than by such admission.

(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or , as the case may be , board of nominees may pass award against him, as if he has not been granted such leave.

INDEX PART IV J

[ 13-3

GUJARAT GOVERNMENT GAZETTE, EX. , 7-8-1996

(6) The Registrar , his nominee or , as the case may be , board of nominees shall under special circumstances set aside the award passed by him and if necessary, stay or set- aside execution , and may grant leave to the defendant to appear and defend the disputes , if it seems reasonable so to do , and on such terms as he thinks fit. " .

STATEMENT

Under the existing provisions of section 99 of the Gujarat Co - operative Societies Act, 1961 , the Registrar , his nominee or board of nominees has been empowered to decide the disputes referred to him under section 98 of the Act. Certain types ofdisputes are based on documentary evidence which hardly require proof or which have little scope for defence such as money suits of a Co - operative Bank or Housing Society , etc. In absence of any provision regarding summary procedure in the Act, even such type of disputes are decided after following the detailed procedure . In order to safeguard the public money and speedy recovery thereof, to give justice timely to the people and to have quick disposal of pending disputes , it is considered necessary to empower the Registrar , his nominee or the board of nominees to decide such disputes summarily.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid object .

Gandhinagar, Dated the 6th August , 1996 .

KRISHNAPAL SINGH , Governor of Gujarat.

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

R. PARTHASARATHY , Additional Chief Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANAGAR.

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

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XXXVII ] FRIDAY, AUGUST 9 , 1996 / SRAVANA 18, 1918

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 premigated and Regulations made by the Governer.

EDUCATION DEPARTMENT

Sachivalaya , Gandhinagar , Dated the 9th August, 1996 .

GUJARAT ORDINANCE NO . 5 OF 1996 .

AN ORDINANCE

further to amend the Gujarat Secondary Education Act, 1972 .

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

Guj . 18 of1973,

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 Secondary Education Act, 1972;

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.-14-1

14-1

INDEX 14-2]

GUJARAT GOVERNMENT GAZETTE , EX. , 9-8-1996

[ PART IV

1. Short title and commencement.( 1 ) This Ordinance may be called the Gujarat Secondary Education (Amendment) Ordinance, 1996 .

(2) It shall come into force at once .

2.Guj . 18 of 1973 to be temporarily amended. During the period of operation of this Guj . 18 : Ordinance, the Gujarat Secondary Education Act, 1972 (hereinafter referred to as " the 1978. principal Act " ) shall have effect subject to the amendment specified in section 3.

3. Amendment of section 3 of Guj . 18 of 1973. In the principal Act, in section 3, in sub-section ( 2) , under the heading " Class B- Elected Members " , after clause (vi- a ) , the following clause shall be inserted, namely :-

"(vi - aa) three members elected by the teaching staff of registered private ,higher secon- dary schools from amongst themselves . " ..

STATEMENT

Under the existing provisions of the Gujarat Secondary Education Act, 1972, the teaching staff of registered private higher secondary schools is not represented on the Gujarat Secondary Education Board constituted under section 3 of the said Act. It is considered necessary to have three members elected by the teaching staff of registered private higher secondary schools from amongst themselves on the said Board .

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to amend section 3 of the said Actto achieve the aforesaid object .

Camp at Delhi,

KRISHNAPAL SINGH , Dated the 8th August, 1996.

Governor of Gujarat .

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

H. V. PATEL,.

Députy Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 15

REGISTERED NO . G/GNR/2,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XXXVII ] SATURDAY, OCTOBER 12, 1996 / ASVINA 20, 1918

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.

INFORMATION , BROADCASTING AND TOURISM DEPARTMENT

Sachivalaya, Gandhinagar , Dated the 12th October , 1996.

GUJARAT ORDINANCE NO . 6 OF 1996.

AN ORDINANCE

further to amend the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977.

Promulgatedby the Governor in the Forty -seventh Year of the Republic of India.

WHEREAS the President of India has , by proclamation issued under article 356 of the Constitution of India and published in the notification of the Government of India, Ministry of Home Affairs , No. C.S.R. 429 (E) in the Gazette of India , Extraordinary , dated the 19th September, 1996; assumed to himself all the functions of the Government of the State of Gujarat and all powers vested in , or exercisable by , the Governor of that State;

IV-Ex.-15-1

15-1

INDEX [PART-IV GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

15-2

AND WHEREAS under sub- clause ( iii ) of clause (c) of the said proclamation , references in article 213 of the Constitution to the Governor and to the Legislature of the State or the House thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;

AND WHEREAS by the Order published in the notification of the Government of India, Ministry of Home Affairs , No. C.S.R. 430 (E) in the Gazette of India , Extraordinary , dated the 19th September , 1996, the President has further directed that all the functions of the Government of the State of Gujarat and all powers vested in , or exercisable by , the Governor of that State under the Constitution , which have been assumed by him by the said proclamation , shall , subject to the superintendence , direction and control of the President , be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance is vested in the Governor under article 213 of the Constitution to be exercisable by him while the Legislature of the State is not in session;

of 1977. Guj . 24 AND WHEREAS both houses of Parliament are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediato action to amend the Gujarat Tax on Luxuries (Hotels andLodging Houses) Act, 1977;

NOW, THEREFORE , in exercise of the powers conferred on him by. clause ( 1 ) of article 213 of the Constitution of India , read with the President's aforesaid Order No. C.S.R. 430 ( E) dated the 19th September , 1996, 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 Tax on Luxuries ( Hotels and Lodging Houses) (Amendment ) (Second) Ordinance , 1996,

(2) It shall be deemed to have come into force on the 18th June, 1996.

Guj . 24 of 1977.

2. Guý. 24 of 1977 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) Act , 1977 ( hereinafter referred to as "the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 10 .

INDEX GUJARAT GOVERNMENT GAZETTE , EX . , 12-10-1996

[15-3 PART- IV]

3. Amendment of section 2 of Guj . 24 of 1977.-- In the principal Act , in section 2, clause ( c) shall be deleted .

4. Amendment of section 3 of Guj . 24 of 1977. In the principal Act , in section 3 , in sub- section ( 1 ) , second proviso shall be deleted .

5. Amendment of section 4 of Guj . 24 of 1977.-In the principal Act , in section 4, sub- sections (3) and (4) shall be deleted .

6. Amendment of section 5 of Guj . 24 of 1977. In the principal Act , in section 5 , in sub- section (1) , for the words "eight days " , the words "fifteen days " shall be substituted .

7. Amendment of section 9 of Guj. 24 of 1977 .-- In the principal Act , in section 9, in sub- section ( 1) , after the word and figure " section 6 " , the words , figures and letter " or under section 20C " shall be inserted.

8. Amendment of section 10 of Guj . 24 of 1977. In the principal Act , in section 10,

(1) in sub -section ( 1 ) , after the words "suo motu ", the words " or on an application made in that behalf " shall be inserted;

(2) for sub- sections (2) and (2A), the following ' shall be substituted , namely:-

(2) No order shall be revised under sub - section ( 1) after the expiry of two years from the date of such order unless the State Government or , as the case may be , designated officer , is satisfied that the proprietor was prevented by sufficient cause from making the application within that period.

Explanation .In computing the period of limitation for the purpose of this sub - section ,-

(a) any period during which the record of any proceeding has not been called for under the proviso to sub -section (1 ) , and

(b) any period during which any proceeding under this section is stayed by an order or injunction of any civil court,

shall be excluded . " ;

INDEX 15-4]

GUJARAT GOVERNMENT GAZETTE , EX. , 12-10-1996

[PART-IV

(3) in sub-section (3) , for the words " the designated officer or, as the case may be, the Commissioner of Luxury Tax " , the words " or , as the case may be , the designated officer " shall be substituted;

(4) in sub-section ( 5) , for the words " Commissioner of Luxury Tax " , the words " State Government or, as the case may be, the designated officer " shall be substituted .

9. Amendment of section 13 of Guj . 24 of 1977. In the principal Act , in section 13 , in sub- section (1), for the words " one thousand rupees " , the words "ten thousand rupees " shall be substituted .

10. Insertion of new sections 20A, 20B and 20C in Guj . 24 of 1977.- In the principal Act , after section 20 , the following new sections shall be inserted, namely :-

Power to reduce rate oftax.

"20A . ( 1 ) The State Government may , by notification in the Official Gazette, reduce any rate of tax specified in sub- section ( 1 ) of section 3.

(2) Every notification issued under sub - section ( 1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make , during the session in which it is so laid or the session immediately following.

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

Exemption. 20B . ( 1 ) The State Government may , if it considers necessary so to do in the public interest , by notification in the Official Gazette , exempt any person or persons to whom any luxury is provided by such hotel or class of hotels from payment of whole or part of the tax , subject to such conditions, as may be specified therein .

(2) Every notification issued under sub - section ( 1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which it is so laid or the session immediately following.

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

PART- IV ]

15-5 GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

Liability to paytaxin event of breach of conditions exemption, of

20C . (1 ) Where any person or persons to whom luxury is provided in a hotel or class of hotels exempted under section 20B from whole, or any part of the tax subject to any condition ; then , in the event of breach of any such condition , the proprietor of , such hotel shall ,, notwithstanding, such exemption , be liable to pay tax in relation to the luxury provided in such hotel .

(2) If the Collector has reason to believe that the proprietor is liable to pay tax under süb - section ( 1) , he shall serve on the proprietor a notice requiring him on a date and place specified therein , either to attend and produce or cause to be produced all evidence on which such proprietor relies in connection with his liability under this section or to produce such evidence as is specified in the notice . On the date specified in the notice , or as soon thereafter, the Collector shall , after considering all the evidence which may be produced, assess to the best of his judgement , the amount of tax sordue ." .

1 of 1996. 11. Repeal and savings .-( 1 ) The Gujarat Tax on Luxuries ( Hotels Guj , Ord. and Lodging Houses ) (Amendment) Ordinarice, 1996 is hereby repealed.

(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.

IV.- EX-15-2

INDEX 15-6

GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996.

[PART- IV

STATEMENT

With a view to promoting tourism in the State of Gujarat as envisaged in the New Tourism Policy declared on the floor of the House of the Legislative Assembly on the 29th July , 1995 , it was considered. necessary to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) Act , 1977.

Under the existing provisions of sub -section (3) of section 4 of the Act, the tax is levied on fuii charge for the luxury provided in a hotel eventhough when such luxury is provided free of charge or at concessional rate . In order to promote business of hotel industries , it is considered necessary to delete clause (c) of section 2 and sub - sections (3) and (4) of section 4 so as to levy tax on the actual charge of lodging paid by the person .

It is considered necessary to delete the second proviso to sub- section (1) of section 3; which provides for exemption to certain categories of persons from payment of tax..

Sub-section (1 ) of section 5 is amended so as to increase the period of furnishing monthly returns from eight days to fifteen days .

Under the existing provisións of section 10 , the power to revise the order of the Collector or the Appellate Authority is conferred concurrently on the State Government as well as the Commissioner of Luxury Tax .It is considered necessary that such power should rest only with the State Government . Therefore , section 10 is amended to provide accordingly.

Sub-section ( 1) of section 13 is amended so as to increase the `amount of penalty from one thousand rupees to ten, thousand rupees .

New sections 20A , 20B and 20C are inserted in the Act . New section, 20A empowers the State Government to reduce , by notification in the Official Gazette, the rate of tax specified in sub-section (1 ) of section 3. New section 208 empowers the State Government to exempt , by notification in the Official Gazette , in the public interest , a person to whom any luxury is provided by such hotel or class of hotels , from: payment of whole or part of the tax , subject to such conditions , as may. be specified therein . New section 200 makes the proprietor liable to pay luxury tax in the event of breach of conditions for such exemption .

INDEX 15-7 PART- IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

As the Gujarat Legislative Assembly was not in session , the Gujarat Tax on Luxuries ( Hotels and Lodging Houses ) (Amendment ) Ordinance , 1996 was promulgated on the 18th June , 1996 to achieve the aforesaid objects . The Legislative Assembly of the State was summoned to meet on the 3rd September , 1996 but the said Ordinance could not be replaced by an Act of the 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 14th October , 1996, 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 immediate action to continue the operation of the provisions of the said Ordinance .

The President of india has , by proclamation dated the 19th September, 1996 issued under article 356 of the Constitution of India, assumed to himself the powers of the Governor of the State and declared that the powers of the Legislature shall be exercisable by or under the authority of the Parliament . The President . by order dated the 19th September , 1996 has directed that all the powers vested in , or exercisable by , the Governor of the State under the Constitution which have been assumed by the President, shall be exercisable also by the Governor of the State . Therefore , as both the Houses of the Parliament are not in session , this Ordinance is promulgated to achieve the aforesaid objects .

KRISHNAPAL SINGH Gandhinagar ,

Governor of Gujarat .

Dated the 12th October , 1996 .

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

SWATANTRA K. SEKHON , Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 16

REGISTERED NO . GIGNR/2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVII ] SATURDAY, OCTOBER 12, 1996 / ASVINA 20, 1918 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 ,

EDUCATION DEPARTMENT.

Sachivalaya , Gandhinagar . Dated the 12th , October, 1996.

GUJARAT ORDINANCE NO . 7 OF 1996 .

AN ORDINANCE

further to amend the Gujarat Secondary Education Act, 1972.

Promulgated by the Governor in the Forty- seventh Year of the Republic of India.

WHEREAS the President of India has , by proclamation issued under article 356 of the Constitution of India and published in the notification of the Government of India, Ministry of Home Affairs , No. C.S.R. 429 (E) in the Gazette of India, Extraordinary , dated the 19th September , 1996 , assumedto himself all, the functions of the Government of the State of Gujarat and all powers vested in, of exercisable by , the Governor of that State ;

AND WHEREAS under sub - clause ( iii) of clause ( c) of the said proclamation , references in article 213 of the Constitution to the Governor

16-1

IV-Ex . 16-1

INDEX 16-20

GUJARAT GOVERNMENT GAZETTE , EX . , 12-10-1996

[PART- IV

and to the Legislature of the State or the House thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;,

AND WHEREAS by the Order published in the notification of the Government of India , Ministry of Home Affairs , No. C.S.R. 430( E) in the Gazette of India, Extraordinary , dated the 19th September, 1996, the President has further directed that all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State under the Constitution, which have been assumed by him by the said proclamation , shall , subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate, Ordinance is vested in the Governor under article 213 of the Constitution to be exercisable by him. while the Legislature of the State is not in session;

Gui juj of1973 AND WHEREAS . both houses of Parliament are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Secondary Education Act, 1972;

NOW , THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India , read with the President's aforesaid Order No. C.S.R. 430 (E) . dated the 19th September, 1996, 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 Secondary Education (Amendment) (Second) Ordinance, 1996.

(2) It shall be deemed to have come into force on the 9th August, 1996.

1973 Guj .18 of 2. Guj . 18 of 1973 to be temporarily amended, During the period of. operation of this Ordinance , the Gujarat Secondary Education Act , 1972 (hereinafter referred to as " the principal Act " ) , shall have effect subject to the amendment spécified in section 3 .

3. Amendment of section 3 of Guj . 18 of 1973, In the principal Act, in section 3, in sub- section (2) , under the , heading. " Class B-Elected 'Members " , after clause (vi - a) , the following clause shall be inserted , namely:

11 (vi-aa) . three members élected by the teaching staff of registered higher secondary schools from amongst themselves ." .

INDEX 16-3 PART- IV]

GUJARAT GOVERNMENT GAZETTE , EX . , 12-10-1996

Gujord. 5 of1

4..Repeal and savings . ( 1 ) The Gujarat Secondary Education ( Amendment) Ordinance , 1996 is hereby repealed .

STATEMENT

Under the existing provisions of the Gujarat Secondary Education Act, 1972 the teaching staff of registered higher secondary schools is not represented on the Gujarat Secondary Education Board constituted under 'section 3 of the said Act . It was considered necessary to have three members elected by, the teaching staff of registered higher secondary schools from amongst themselves on the said Board.

As the Gujarat Legislative Assembly was not in session , the Gujarat Secondary Education (Amendment) Ordinance, 1996 was promulgated, on the 9th August , 1996 to achieve the aforesaid objects . The Legislative . Assembly of the State was summonedto meet on the 3rd September , 1996 but the said Ordinance could not be replaced by an Act of the 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 14th October , 1996, 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 inimediate action to continue the operation of the provisions of the said Ordinance .

The President of India has , by proclamation dated the 19th September , 1996 issued under article 356 of the Constitution of India , assumed to himself the powers of the Governor of the State and declared that the powers of the Legislature shall be exercisable by or under the authority of the Parliament . The President by order dated the 19th September, 1996 has directed that all the powers vested in, or exercisable by , the Governor of the State under the Constitution which have been assumed by the President , shall be exercisable also by the Governor of the State . Therefore , as both the Houses of the Parliament are not in sessión , this Ordinance is promulgated to achieve the aforesaid object ..

Gandhinagar,

Dated the 12th October , 1996 .

KRISHNAPAL SINGH , Governor of Gujarat.

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

H. V. PATEL,

Deputy Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 17

REGISTERED NO. GIGNR/2

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVII ] SATURDAY, OCTOBER 12, 1996 / ASVINA 20, 1918

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,

AGRICULTURE , CO - OPERATION AND RURAL DEVELOPMENT DEPARTMENT

Sachivalaya , Gandhinagar Dated the 12th October , 1996 .

GUJARAT ORDINANCE NO . 8 OF 1996 .

AN ORDINANCE

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

Promulgated by the Governor in the Forty -seventh Year of the Republic of India.

WHEREAS the President of India has, by proclamation issued under article 356 of the Constitution of India and published in the notification of the Govern- ment of India, Ministry of Home Affairs , No. C.S.R. 429 ( E) in the Gazette of India, Extraordinary, dated the 19th September , 1996 , assumed to himself all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State;

IV-Ex . 17-1-

17-1

INDEX 17-2

GUJARAT GOVERNMENT GAZETTE , EX. , 12-10-1996

[PART- IV

AND WHEREAS under sub - clause (iii) of clause ( c) of the said proclamation, references in article 213 of the Constitution to the Governor and to the Legislature of the State or the House thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;

AND WHEREAS by the Order published in the notification of the Government of India, Ministry of Home Affairs , No. C.S.R. 430( E) in the Gazette of India, Extraordinary, dated the 19th September, 1996, the President has further directed that all the functions of the Government of the State of Gujarat and all powers vested in, or exercisabic by the Governor of that State under the Constitution , which have been assumed by him by the said proclamation, shall , subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance is vested in the Gover- nor under article 213 of the Constitution to be exercisable by him while the Legislature of the State is not in session;

X ?

Guj . 1962.

AND WHEREAS both houses of Parliament are not in session and the Gover nor is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Co -operative Societies Act, 1961 ;

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) ofarticle 213 of the Constitution of India read with the President's foresaid Order No. C.S.R. 430 ( E ) dated the 9th September, 1996 , 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 Co -operative Societies (Amendment) (Second ) Ordinance , 1996 .

(2) It shall be deemed to have come into force on the 7th August, 1996.

Guj . X of

1962. 2. Guj. X of 1962 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Co- operative Societies Act, 1961 (hereinafter referred to as " the principal Act ") shall have effect subject to the amendments specified in section 3.

3. Amendment of section 99 of Guj: X of 1962. In the principal Act, in section 99, after sub -section (3), the following new sub- sections shall be inserted, namely:

"(4) Notwithstanding anything contained in sub - sections (1 ) , (2) and (3) , the followingdisputes or class of disputes, if the plaintiff so desires , shall be decided summarily by the Registrar, or his nominee or board of nominees , in such manner as may be prescribed,namely

INDEX 17-3 GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

PART-IV]

(a) any dispute for recovery of debt upon promissory note , hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the bye - laws ;

(b) any dispute for recovery of a fixed sum of money or in the nature of debt, with or without interest, arising on a written contract ;

(c) any,dispute for recovery of price of goods sold and delivered , where the rate, quality and quantity are admitted in writing;

(d) any dispute for recovery of dues payable by a member of a housing society towards contribution for construction of the house, or any dispute in respect of repayment of any loan, interest on loan, ground rent, local authority taxes , sinking fund, water charges , electrical charges , maintenance and upkeep charges or charges for other services, rendered by the society and the interest on such arrears, payable under the written agreement or under the bye-laws .

(5) (a). The defendant shall not be entitled to defend the dispute unfess se obtains leave from the Registrar , his nominee or, as the case may be , the board of nominees , in such manner as may be prescribed..

(b) The Registrar , his nomince or board of nominees may grant the leave under clause (a) on such conditions , as he or it thinks fit ..

(c) The Registrar , his nominee or board of nominees shall not refuse the leave to defend the dispute unless he or it satisfies that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious .

ン

Provided that the: Registrar, his nominee or board of nominees in his or its discretion requires any fact so admitted to be proved otherwise than by such admission .

(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or, asas the case may be , board of nominees may pass an award against him , as if he has not been granted such leave .

INDEX 17-4

GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

[PART-IV

(6) The Registrar, his nominee or, as the case may be , board of nominees may under special circumstances set aside the award passed by him or it and if necessary , stay or set- aside the execution , and may grant leave to the defendant to appear and defend the disputes , if it seems reasonable so to do, and on such terms as he or it thinks fit . " .

4. Repeal and savings.-(1) The Gujarat Co - operative Societies (Amend-

ment) Ordinance , 1996 is hereby repealed.

Guj .Ord. 4 of1996.

(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.

STATEMENT

Under the existing provisions of section 99 of the GujaratCo- operative Societies Act, 1961 , the Registrar, his nominee or board of nominees has been empowered to decide the disputes referred to him under section 98 of the Act . Certain types of disputes are based on documentary evidence which bardly require proof or which have little scope for defence such as money suits of a Co- operativeBank ofHousing Society, etc. In absence of any provision regarding summary procedure in the Act, even such type of disputes are decided after following the detailed procedure . In order to safeguard the public money and speedy recovery thereof, to give justice timely to the people and to have quick disposal of pending disputes , it was considered necessary to empower the Registrar, his nominee or the board of nominees to decide such disputes sum- marily.

As the Gujarat Legislative Assembly was not in session , the Gujarat Co- opérative Societies (Amendment) Ordinance , 1996 was promulgated on the 7th August, 1996to achieve the aforesaid objects . The Legislative Assembly of the State was summoned to meet on the 3rd September, 1996 but the said Ordinance could not be replaced by an Act of the 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 14th October , 1996, 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 immediate action to continue the operation of the provisions of the said Ordinance .

INDEX PART-IV]

17-5 GUJARAT GOVERNMENT GAZETTE, EX. , 12-10-1996

The President of India has , by proclamation dated the 19th September, 1996 issued under article 356 of the Constitution of india , assumed to himself the powers of the Governor of the ' State and declared that the powers of the Legis- lature shall be exercisable by or under the authority of the Parliament. The President by order dated the 19th September, 1996 has directed that all the powers vested in , or exercisable by the Governor of the State under the Constitution which have been assumed by the President , shall be exercisable also by the Governor of the Siate, Therefore, as both the Houses of the Parliament he tol in session , this Ordinance is promulgated to achieve the aforesaici objects .

Gandhinagar,

KRISHNAPAL SINGH Dated the 12th October, 1996 .

Governor of Gujarat .

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

K. J. RATHOD ,

Deputy Secretary to Government.

GOVERNMENT CENTRAL PRESS ; GANDHINAGAR.

IV-Ex. 17-2

INDEX REGISTERED NO. G/GNR(2

Extra No. 18.

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, OCTOBER 14, 1996 / ASVINA 22, 1918 VOL. XXXVII ]

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

PART-IV

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

REVENUE DEPARTMENT

Sachivalaya, Gandhinagar. Dated the 14 October, 1995 .

GUJARAT ORDINANCE NO . 9 OF 1996 .

AN ORDINANCE

to amend the Bombay Land Revenue Code (Gujarat Amendment) Ordinance, 1996.

Promulgated by the Governor in the Forty -seventh Year of the Republic of India.

WHEREAS the President of India has , by proclamation issued under article 356 of the Constitution of India and published in the notification of the Government of India , Ministry ofHomeAffairs , No. C.S.R. 429 (E) in the Gazette of India , Extraordinary , dated the 19th September, 1996, assumed to himself all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State;

AND WHEREAS under sub-clause (iii) of clause (c) of the said proclamation, references in article 213 of the Constitution to the Governor and to the Legislature of the State or the Houses thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;

18-1

IV-Ex. 18-1

INDEX 18-2

[PART- IV GUJARAT GOVERNMENT GAZETTE , EX. , 14-10-1996

State under the Constitution , which have been assumed by him by the said proclamation, shall , subjectto the superintendence , direction and control of the President , be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance is vested in the Governor under article 213 of the Constitution to be exercisable by him while the Legislature of the State is not in session;

AND WHEREAS both houses of Parliament are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Bombay Land Revenue Code ( Gujarat Amendment) Ordinance , 1996; Guj ..Ord. 2 of 1996.

NOW, THEREFORE, in exercise of the powers coriferred on him by clause (1) of article 213 of the Constitution of India read with the President's aforesaid Order No. C.S.R: 430(E) dated the 19th September, 1996, 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 Land Revenue Code (Gujarat Amendment) Amending Ordinance, 1996.

(2) It shall be deemed to have come into force on the 26th June , 1996 .

Guj Ord. 2 of 1905.

2. Insertion of new section in Guj . Ord. 2 of 1996.- In the Bombay Land Revenue Code(GujaratAmendrrent ) Ordinance , 1995, after section 6, the following section shall be added, namely:

vings.

Guj . Ord. 2 of "7. The expiration of the Bombay Land Revenue Code (Gujarat Amendment ) Ordinance, 1996 shall not affect-

-1996.

(a) the previous operation of or anything duly done or suffered under the principal Act , as amended by the said Ordinance ( hereinafter referred to as " the amended Act " ) ; or

(b) any right, privilege , obligation or liability acquired , accrued or incurred under the amended Act ; or

(d) any investigation, legal proceeding or remedy in respect of any such right , privilege, obligation, liability, penalty , forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted , continued or enforced , and any such penalty, forfeiture or punishment may be imposed as if the said Ordinance had not expired ." .

INDEX 18-3 GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 14-10-1996

PART - IV ]

STATE MENT

As theGujarat Legislative Assembly was not in session , the Bombay Land Revenue Code (Gujarat Amendment) Ordinance , 1996 was promulgated on the 26th June , 1996. The Legislative Assembly of the State was summoned to meet on the 3rd September, 1996 but the said Ordinance could not be replaced by an Act of the 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 14th October, 1996, the date on which the period ofsix weeks from the date of re -assembly of the Gujarat Legislative Assembly expires . Since the aforesaid Ordinance is not replaced by another Ordinance , it is expedient to take immediate action to continue the previous operation of the provisions of the Code as amended by the said Ordinance by insertion of new section 7 in the said Ordinance .

The President of India has , by proclamation dated the 19th September, 1996 issued under article 356 of the Constitution of India , assumed to himself the powers of the Governor of the State and declared that the powers of the Legislature shall be exercisable by or under the authority of the Parliament . The President by order dated the 19th September, 1996 has directed that all the powers vested in , or exercisable by, the Governor of the State under the Constitution which have been assumed by the President, shall be exercisable also by the Governor of the State . Therefore , as both the Houses of the Parliament are not in session , this Ordinance is promulgated to achieve the aforesaid object.

KRISHNAPAL SINGH ,

Governor of Gujarat .

Camp at New Delhi . Dated the 14th October, 1996..

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

A. K. JOTI ,

Secretary to Government ..

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO, GIGNK/2.

Extra No. 19

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, OCTOBER 14, 1996 / ASVINA 22 , 1918 VOL . XXXVII]

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.

REVENUE DEPARTMENT

Sachivalaya, Gandhinagar . Dated the 14th October, 1996.

GUJARAT. ORDINANCE NO . 10 OF 1996 .

AN ORDINANCE

to amend the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Ordinance, 1996.

Promulgatedby the Governor in the Forty- seventh Year of the Republic of India.

WHEREAS the President of India has, by proclamation issued under article 356 of the Constitution of India and published in the notification of the Government of India , Ministry of Home Affairs , No. C.S.R. 429 (E) in the Gazette of India, Extraordinary, dated the 19th September, 1996, assumed to himself all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State;

AND WHEREAS under sub- clause (iii) of clause (c) of the said proclamation , references in article 213 of the Constitution to the Governor and to the Legislature of the State or the House thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;

19-1

INDEX [PART- IV 19-2 GUJARAT GOVERNMENT GAZETTE , EX . , 14-10-1996

ment of the State of Gujarat and all powers vested in, or exercisable by, the Governor of that . State under the Constitution , which have been assumed by him by the said proclamation, shall, subject to the superintendence , direction and control of the President , be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance is vested in the Governor under article 213 of the Constitution to be exercisable-by him while the Legislature of the State is not insession;

AND WHEREAS both houses of Parliament are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Ordinance , 1996; Guj . Ord. 3 of1996 .

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India read with the President's aforesaid Order No. C.S.R. 430(E) dated the 19th September, 1996, 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 Tenancy and Agricultural Lands Laws (Amendment) Amending Ordinance , 1996;

(2) It shall be deemed to have come into force on the 26th June, 1996.

Guj . Ord. 3 of1996 .

2. Insertion of new section in Guj . Ord. 3 of 1996. In the Gujarat Tenancy and . Agricultural Lands Laws.(Amendment) Ordinance, 1996, after section 10, the following section shall be added , namely:

Savings.

Guj.Ord.3 of1996.

"11. The expiration of the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Ordinance, 1996 shall not affect-

Bom. LXVII Sau. Ord Bo of1948 . XLI of1949 . Bom. XCIX of1958.

(a) the previous operation of or anything duly done or suffered under the Bombay Tenancy and Agricultural Lands Act, 1948 , the Saurashtra Gharkhed, Tenancy Settlement and .Agricultural Lands Ordinance , 1949 or, as the case may be, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act, 1958, as amended by the said Ordinance (hereinafter referred to as " the amended Act " ) ; or

(b) any right , privilege , obligation or liability acquired, accrued or incurred under the amendedAct; or

(d) any investigation, legal proceeding or remedy in respect ofany such right, privilege , obligation , liability, penalty , forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said Ordinance had not expired." .

INDEX PART-IV] GUJARAT GOVERNMENT GAZETTE,

19-3

ΕΧ. , 14-10-1996

STATE MENT

As the Gujarat Legislative Assembly was not in session, the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Ordinance, 1996; was promulgated on the 26th June, 1996. The Legislative Assembly of the State was summoned to meet on the 3rd September, 1996 but the said Ordinance could not be replaced by an Act of the State Legislature in that session. By virtue of sub - clause (a) of clause (2) of article 213 of the Constitution of India , thesaid Ordinance would cease to operate after the 14th October, 1996, the date on which the period of six weeks from the date of re- assembly of the Gujarat Legislative Assembly expires . Since the aforesaid Ordinance is not replaced by another Ordinance , it is expedient to take immediate action to continue the previous operation of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 , the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance , 1949 or; as the case may be , the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act, 1958, as amended by the said Ordinance by insertion of new section 11 in the said Ordinance .

ThePresidentof India has , by proclamation dated the 19th September , 1996 issued under article 356 of the Constitution of India , assumed to himselfthe powers of the Governor of the State and declared that the powers of the Legislature shall be exercisable by or under the authority of the Parliament : The President by order dated the 19th September, 1996 has directed that all the powers vested in, or exercisable by, the Governor of the State under the Constitution which have been assumed by the President, shall be exercisable also by the Governor of the State . Therefore , as both the Houses of the Parliament are not in session, this Ordinance is promulgated to achieve the aforesaid object.

Camp at New Delhi .

Dated the 14th October, 1996.

KRISHNAPAL SINGH, Governor ofGujarat.

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

A. K. JOTI,

Secretary toGovernment .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 20

REGISTERED NO . GIGNR/2,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XXXVII ] TUESDAY, OCTOBER 22, 1996 / ASVINA 30, 1918

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 .

FINANCE DEPARTMENT

Sachivalaya , Gandhinagar , Dated the 22nd October , 1996.

GUJARAT ORDINANCE NO . 11 OF 1996 .

AN ORDINANCE

to provide for temporary increase in the Contingency Fund of the State of Gujarat .

Promulgated by the Governor in the Forty - seventh Year of the Republic of India .

WHEREAS the President of India has ; by proclamation issued under article 356 of the Constitution of India and published in the notification of the Government of India , Ministry of Home Affairs , No. C.S.R. 429 (E) in the Gazette of India , Extraordinary , dated the 19th September , 1996 , assumedto himself all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State;

AND WHEREAS under sub- clause ( iii) of clause (c) of the said proclamation , references in article 213 of the Constitutionto the Governor and to the Legislature of the State or the House thereof shall be construed as references to the President and the Parliament or to the Houses thereof respectively;

20-1

IV-Ex . 20-1

INDEX 20-2

[PART IV

GUJARAT.GOVERNMENT GAZETTE , EX. , 22-10-1996

AND WHEREAS by the Order published in the notification of the Government of India , Ministry of Home Affairs , No. C.S.R.430 (E) in the Gazette of India , Extraordinary , dated the 19th September, 1996 , the President has further directed that all the functions of the Government of the State of Gujarat and all powers vested in, or exercisable by , the Governor of that State under the Constitution , which have been assumed by him by the said proclamation , shall, subject to the superintendence , direction and control of the President , be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance is vested in the Governor under article 213 of the Constitution to be exercisable by him while the Legislature of the State is not in session ;

AND WHEREAS both Houses of Parliament are not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action to provide for temporary increase in the Contingency Fund of the State of Gujarat;

NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1 ) of article 213 of the Constitution of India read with the President's aforesaid Order No. C.S.R. 430 ( E) dated the 19th September , 1996 , 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 Contingency Fund (Temporary Increase) Ordinance, 1996.

(2) It shall come into force at once .

1960 . Liv

in 2. Temporary increase Contingency Fund of the State.-Notwithstanding anything contained in section 2 of the Gujarat of Contingency Fund Act, 1960, the extent of the sum of fifty crores of rupees specified in section 2 of the said Act as the sum to be paid into the Contingency Fund of the State of Gujarat shall , during the period beginning from the commencement of this Ordinance and ending on the 31st March , 1997 be raised to six hundred crores of rupees .

INDEX 20-3 GUJARAT GOVERNMENT GÁZETTE, EX. , 22-10-1996

PART IV]

STATEMENT

Section 2 of the Gujarat Contingency Fund Act, 1960 provides that out of the Consolidated Fund of the State , a sum of fifty crores of rupees.shall be paid into the Contingency Fund of the State . Subsequentto approval of current year's budget estimates by the State Legislature--

( i) the Government of India has sanctioned and released rupees five crores , eighty- three lacs and fifty - nine thousand for the payment of assistance to local bodies for Prime Minister's Integrated Urban Poverty Eradication Programme ;

(ii) rupees three crores and twenty lacs is required for election of Panchayats ;

(iii) rupees six crores and one lac is required for farm-ponds for water storage in the State ;

(iv) rupees two hundred thirty- four crores is required for enhancement of present plan ceiling as per discussion with Central Planning Commission on the 13th September, 1996 ; and

(v) rupees two hundred fifty crores is required for Voluntary Retirement Scheme for workers .

Before the Supplementary Demands relating to these and sach other requirements are to be presented to the Parliament, such expenditure is required to be incurred from the Contingency Fund of the State . The present balance in the said Fund is less than rupees four crores and is not sufficient to meet with aforesaid expenditure . It has , therefore , become necessary to increase temporarily , till the 31st March, 1997, the limit of the Fund from fifty crores of rupees to six hundred crores of rupees to achieve the aforesaid objects.

The President of India, has , by proclamation dated the 19th September, 1996 issued under article 356 of the Constitution of India, assumed to himself the powers of the Governor of the State and declared that the powers of the Legislature shall be exercisable , by or under the authority of the Parliament . The President by order dated the 19th September , 1996 has dircoted that all the powers vested in , or exercisable by , the Governor, of the State under , the Constitution which have been assumed by the President shall be exercisable also by the Governor of the State, Therefore , as both Houses of Parliament are not in session, this Ordinance is promulgated to achieve the aforesaid object .

Gandhinagar,

Dated the 20th October , 1996 ..

KRISIINAPAL SINGII Governor of Gujarat .

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

V. V. RAMASUBBA RAO

Add. Chief Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. GIGNR/2,

Extra No. 21

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII SATURDAY, NOVEMBER 16, 1996 / KARTIKA 25, 1918 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.

INFORMATION , BROADCASTING AND TOURISM DEPARTMENT Sachivalaya , Gandhinagar , Dated the 16th November, 1996.

GUJARAT ORDINANCE NO . 12 OF 1996 .

AN ORDINANCE

further to amend the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977.

WHEREAS the Governor of Gujarat has promulgated the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) (Amendment) (Second) Ordinance , 1996 on the 12th October , 1996;

AND WHEREAS the session of the Gujarat Legislative. Assembly was summoned to meet on the 29th October , 1996 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 ;

21-1

IV- EX -21-1

INDEX 21-2 ]

GUJARAT GOVERNMENT GAZETTE, EX. , 16-11-1996

[ PART IV

AND WHEREAS the said Ordinance would cease to operate after the 9thDecember, 1996, the date on which the period of six weeks from the date of the re - assembly 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 ;

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 Ordinance , namely :- the following

1. Short title and commencement. (1 ) This Ordinance may be called the Gujarat Tax on Luxuries ( Hotels and Lodging . Houses) (Amendment) (Third) Ordinance , 1996.

1996

(2).It shall be deemed to have come into force on the 18th June ,

2. Guj . 24 of 1977 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Tax on Luxuries (Hotels and Guj . 24 Lodging Houses) Act, 1977 ( hereinafter referred to as "the principal Act " ) of 1977. shall have effect subject to the amendments specified in sections 3 to 10.

3. Amendment of section 2 of Guj. 24 of 1977.-In the principal Act, in section 2, clause (c) shall be deleted.

4. Amendment of section 3 of Guj . 24 of 1977.In the principal Act , in section 3 , in sub - section ( 1 ) , second proviso shall be deleted.

5.Amendment of section 4 of Guj. 24 of 1977. In the principal Act, in section 4, sub-sections (3) and (4) shallbe deleted.

6. Amendment of section 5 of Guj. 24 of 1977. In the principal Act, in section 5, in sub - section (1 ) , for the words " eight days " , the words. " fifteen days " shall be substituted.

INDEX PART IV ]

[ 21-3 GUJARAT GOVERNMENT GAZETTE, EX. , 16-11-1996

7. Amendment of section 9 of Guj . 24 of 1977.- In the principal Act , in section 9 , in sub - section ( 1 ) , after the word and figuré " section 6 " , the words, figures and letter " or under section 20C " shall be inserted.

8. Amendment of section 10 ofGuj . 24 of 1977.- In the principal Act, in section 10,-

(1) in sub -section ( 1 ) , after the words " suo motu ", the words " or on an application made in that behalf " shall be inserted;

(2) for sub - sections. (2) and (2A) , the following shall be substituted , namely:-

(2) No order shall be revised under sub - section ( 1 ) after the expiry of two years from the date of such order unless the State Government or , as the case may be , designated officer, is satisfied that the proprietor was prevented by sufficient cause from making the application within that period.

Explanation . In computing the period of limitation for the purpose of this.sub-section ,-

(a) any period during which the record of any proceeding has not been called for under the proviso to sub - section (1 ), and

(b) any period during which any proceeding under this section is stayed by an order or injunction of any civil court ,

shall be excluded . " ;

(3) in sub - section (3) , for the words "the designated officer or , as the case maybe , the Commissioner of Luxury Tax " , the words " or, as the case may be , the designated officer " shall be substituted;

(4) in sub -section ( 5) , for the words "Commissioner of Luxury Tax " , the words " State Government or, as the case may be , the designated officer" shall be substituted.

9. Amendment of section 13 of Guj . 24 of 1977.- in the principal Act , in section 13 , in sub-section (1 ) , for the words " one thousand rupees " , the words " ten thousand rupees " shall be substituted.

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 16-11-1996

21-4]

10. Insertion of new'sections 20A, 20B and 20C in Guj . 24 of 1977.- In the principal Act , after section 20, the following new sections shall be inserted , namely :-

Power to reduce rate of tax.

"20A . (1 ) The State Government may , by notification in the Official' Gazette, reduce any rate of tax specified in sub- section ( 1 ) of section 3.

(2) Every notification issued under sub - section ( 1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make , during the session in which it is so laid or the session immediately following.

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

Exemption. 20B: (1) The State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette , exempt. any person or persons to whom any luxury is provided by such hotel or class of hotels from payment of whole or part of the tax , subject to such conditions , as may be specified therein.

(2) Every notification issued under sub - section ( 1) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which it is so laid or the session , immediately following.

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

Liabilityto pay tax in eventof breach of conditions of

exemption.

20C. (1 ) Where any person or persons to whom luxury is provided in a hotel or class of hotels is exempted under section 20Bfrom whole or any part of the tax subject to any condition , then , in the event of breach of any such condition , the proprietor of such hotel shall , notwithstanding . such exemption , be liable to pay tax in relation to the luxury provided in such hotel .

(2) If the Collector has reason to believe that the propriètor is liable to pay tax under sub - section (1 ) , he shall serve on the proprietor a notice requiring him on a date and place, specified therein , either to attend.and prodüce or. cause to be produced all evidence on which such proprietor

INDEX PART IV ]

GUJARAT GOVERNMENT GAZETTE, EX. , 16-11-1996

[ 21-5.

relies in connection with his liability under this section or to produce such evidence as specified in the notice . On the date specified in the notice , or as soon as may be thereafter , the Collector shall , after considering all the evidence which may be produced , assess to the best ofhis judgement , the amount of tax so due . " .

6 of1996. Guj . Ord .

11. Repeal and savings .-( 1) The Gujarat Tax on Luxuries (Hotels and Lodging Houses ) (Amendment) ( Second ) Ordinance , 1996 is hereby repealed.

(2) Notwithstanding such repeal , anything donè 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 .

IV- Ex- 21-2

INDEX 21-6 ]

[ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 16-11-1996

STATEMENT

With a view to promoting tourism in the State of Gujarat as envisaged in the New Tourism Policy declared on the floor of the House of the Legislative Assembly on the 29th July , 1995 , it was considered necessary to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) Act , 1977.

Under the existing provisions of sub - section (3 ) of section 4 of the Act , the tax is levied on full charge for the luxury provided in a hotel eventhough when such luxury is provided free of charge or at concessional rate . In order to promote business of hotel - industries, it is considered necessary to delete clause (c) of section 2 and sub - sections (3) and (4) of section 4 so as to levy tax on the actual charge of lodging paid by the person .

It is considered necessary to delete the second proviso to sub-section (1 ) of section 3 , which provides for exemption to certain categories of persons from payment of tax .

Sub-section ( 1) of section 5 is amended so as to increase the period of furnishing monthly returns from eight days to fifteen days .

Under the existing provisions of section 10 , the power to revise the order of the Collector or the Appellate Authority is conferred concurrently on the State Government as well as the Commissioner of Luxury Tax . It is considered necessary that such power should rest only with the State Government . Therefore , section 10 is amended to provide accordingly.

Sub-section ( 1) of section 13 is amended so as to increase the amount of penalty from one thousand rupees to ten thousand rupees.

New sections 20A , 20B and 200 are inserted in the Act . New section 20A empowers the State Government to reduce , by notification in the Official Gazette, the rate of tax specified in sub - section (1) of section 3. New section 2.0B empowers the State Government to exempt, by notification in the Official Gazette , in the public interest , a person to whom any luxury is provided by such hotel or class of hotels , from payment of whole or part of the tax, subjectto such conditions , as may be specified therein . New section 200 makes the proprietor liable to pay luxury tax in the event of breach of conditions for such exemption .

INDEX PART IV ]

[21-7

GUJARAT GOVERNMENT GAZETTE , EX. , 16-11-1996

As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Tax on Luxuries ( Hotels and Lodging Houses) (Amendment) Ordinance , 1996 was promulgated on the 18th . June , 1996 to achieve the aforesaid objects . The said Ordinance could not be replaced by an Act of the State Legislature , and therefore , the Gujarat Tax on Luxuries (Hoteis and Lodging Houses ) (Amendment) ( Second ) Ordinance , 1996 was promulgated on the 12th October , 1996 to continue the operation of the provisions of the first Ordinance . Thereafter , the Gujarat Legislative Assembly was summoned to meet on the 29th October, 1996 and prorogued on the same day and therefore , the said second Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub- clause ( a) , of clause ( 2) of article 2.13 of the Constitution of India , the said second Ordinance would cease to operate after the 9th December , 1996 , 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 immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Législative Assembly is not in session , this Ordinance is promuigated to achieve the aforesaid objects .

Gandhinagar,

Dated the 16th November, 1996.

KRISHNAPAL SINGH , Governor of Gujarat .

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

SWATANTRA K. SEKHON , Secretary to Government.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2.

Extra No. 22

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVH ] SATURDAY, NOVEMBER 16, 1996 / KARTIKA 25, 1918 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 theGovern

EDUCATION DEPARTMENT

Sachivalaya, Gandhinagar , Dated the 16th November; 1996..

GUJARAT ORDINANCE NO . 13 OF 1996 ..

AN ORDINANCE

further to amend the Gujarat Secondary Education Act, 1972 .

7 of1996.

WHEREAS the Governor of Gujarat has promulgated : the Gujarat Secondary Education (Amendment) (Second) Ordinance , 1996 on the 12th October , 1996 ;

AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 29th October , 1996 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 ;

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IV- Ex - 22-1

INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 16-11-1996

[ PART IV 22-2 ]

AND WHEREAS the said Ordinance would cease to operate after the 9th December, 1996 , the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;

AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinanceby law;.

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

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 , name :

1. Short title and commencement. ( 1 ) This Ordinance may be called the Gujarat Sécondary Education (Amendment) (Third) Ordinance , 1996 .

(2) It shall be deemed to have come into force on the 9th August, 1996 .

Guj, 18 of1973.

2. Guj . 18 of 1973 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Secondary Education Act, 1972 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendment specified in section 3 .

3. Amendment of section 3 of Guj . 18 of 1973. -In the principal Act , in section 3 , in sub - section ( 2) , under the heading "Class B-Elected Members " , after clause (vi - a) , the following clause shall be inserted , namely:-

11 (vi - aa). three members elected by the teaching staff of registered higher secondary schools from amongst themselves . " ..

Ord. 7 of 1996 .

4. Repeal and savings . ( 1 ) The Gujarat Secondary Education Guj . (Amendment) ( Second ) Ordinance , 1996 is hereby repealed .

(2).Notwithstanding such repeal , anything done or any action taken under the princ ce, shall de Heemed to have been done or taken under the principal Act , as amended by this Ordinance.

INDEX [ 22-3 GUJARAT GOVERNMENT GAZETTE, EX. , 16-11-1996

PART IV ]

STATEMENT

Under the existing provisions of the Gujarat Secondary Education Act , 1972, the teaching staff of registered higher secondary schools is not represented on the Gujarat Secondary Education Board constituted under section 3 of the said Act. It was considered necessary to have three members elected by the teaching staff of registered higher secondary schools from amongst themselves on the said Board.

As the Gujarat Legislative Assembly was not in session at that time , the Gujarat. Secondary Education (Amendment) Ordinance , 1996 was promulgated on the 9th August, 1996 to achieve the aforesaid object . The said Ordinance could not be replaced by an Act of the State Legislature , and therefore , the Gujarat Secondary Education (Amendment) (Second) Ordinance, 1996 was promulgated on the 12th October, 1996 to continue the operation of the provisions of the first Ordinance . Thereafter , the Gujarat Legislative Assembly was summoned to meet on the 29th October , 1996 and prorogued on the same day and therefore , the said second Ordinance could not be replaced by an Act of the State Legislature in that session. By virtue of sub- clause (a) of clause ( 2) of article 213 of the Constitution of India , the said second Ordinance would cease to operate after the 9th December , 1996 , 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 immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object.

Gandhinagar,

KRISHNAPAL SINGH , Governor of Gujarat .

Dated the 16th November , 1996 .

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

S. D. SHARMA , Secretaryto Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . GIGNR/2 , Extra No. 23

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ] SATURDAY, NOVEMBER 16 , 1996 / KARTIKA 25, 1918 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 lóin November, 1996 .

GUJARAT ORDINANCE NO . 14 OF 1996 .

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 ;

1 of AND WHEREAS the Governor of Gujarat is satisfied that circumstances. exist which render it necessary for him to take immediate action to amend the Guj . 1960. 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 of India, the Governor of Gujarat is hereby pleased to make and promuigate 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 , 1996.

(2) It shall come into force at once .

23-1

IV- Ex 23-1

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE, EX . , 16-11-1996

23-2]

2. Guj . 1 of 1960 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Legislative Assembly Members ( Removal Guj.1 of Disqualifications ) Act , 1960 ( hereinafter referred to as " the principal Act ") of 1960. shall have effect subject to the amendments specified in section 3 .

3. Amendment of Schedule to Guj . 1 of 1960. In the principal Act , in the Schedule ,-

(1) in entry 26 , for the word "Chairman" , the words " Chairman or Director " shall be substituted;

(2) after entry 32 , the following entries shall be added , namely :---

"33. The office of Chairman or Director of the Gujarat State Financial 63 of Corporation established under the State Financial Corporations Act , 1951 . 1951.

34. The office of Chairman or Director of the Gujarat Mineral Development Corporation Limited.

35. The office of Chairman or Director of the Gujarat State Seeds Corporation Limited . " .

INDEX [23-3

GUJARAT GOVERNMENT GAŻETTE , EX . , 16-11-1996 PART IV]

STATEMENT

Some of the Boards , Corporations or Limited Companies formed by the State Government require able heads experienced in the fields of trade , commerce , industry, finance , management or public life to man them efficiently . This is particularly so with regard to those bodies which deal directly with the public and social activities . Sometimes , some Members of the Gujarat Legislative Assembly are found suitable for the purpose but on account of the provision of disqualification in clause (1) of article 191 of the Constitution of India, a doubt arises whether acceptance of the post of a Chairman , or Director of such a body by a Member of the Gujarat Legislative Assembly would disqualify him on the ground of holding an office of profit under the Government . It is , therefore , considered necessary to remove the disqualification that might be incurred by such Member on being appointed as Chairman or Director of such a body by adding entries 33 to 35 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Act , 1960 .

An opportunity is also taken to amend existing entry 26 of the said Schedule so as to remove the disqualification that might be incurred by a Member of the Gujarat Legislative Assembly on being appointed as Director of the Gujarat State . Road Transport Corporation .

As the Gujarat Legislative Assembly is not in session , this Ordinence is promulgated to amend the said Schedule to achieve the aforesaid object .

Gandhinagar,

Dated the 16th November , 1996 .

KRISHNAPAL SINGH , Governor of Gujarat .

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

KUM . H. K. JHAVERI, Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. GIGNR/2.

Extra No. 24

कर अपने

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ] SATURDAY, NOVEMBER 23 , 1996 / AGRAHAYANA 2, 1918 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 23rd November, 1990 .

GUJARAT ORDINANCE NO . 15 OF 1995 .

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 ;

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;

1960. of

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 Legislative Assembly Members ( Removal of Disqualifications) ( Second Amendment) Ordinance , 1996.

(2) It shall come into force at once.

24-1

IV Ex: 24-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 23-11-1996

24-2 ]

2. Guj . 1 of 1960 to be temporarily amended . During the period of operation of this Ordinance , the Gujarat Legislative Assembly Members (Removal Guj.1 of Disqualifications) Act , 1960 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in section 3 . of 1960.

3. Amendment of Schedule to Guj . 1 of 1960. In the principal Act , in the Schedule, after entry 35, the following entry shall be added , namely :-

"36. The office of Chairman or Director of the Gujarat Agro - Industries Corporation Limited . " .

INDEX GUJARAT GOVERNMENT GAZETTE, EX . , 23-11-1996

[ 24-3 PART IV ]

STATEMENT.

The Gujarat Agro- Industries Corporation Limited requires able head experienced in the fields of trade , commerce , finance , management or public life to man it efficiently . Sometimes , some members of the Gujarat Legislative Assembly are found suitable for the purpose but on account of the provisions of disqualification in clause ( 1) of article 191 of the Constitution of India , a doubt arises whether acceptance of the post of 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 member on being appointed as Chairman or Director of the Gujarat Agro- Industries Corporation Limited by adding cay so 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 said Schedule to the Act to achieve the aforesaid object .

Gandhinagar,

KRISHNA PAL SINGH , Governor of Gujarat , Dated the 23rd November, 1996 ..

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

P. J. DHOLAKIA , Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . GIGNR/ 2.

Extra No. 25

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ] FRIDAY , NOVEMBER 29, 1996 / AGRAHAYANA 8, 1918 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.

AGRICULTURE, CO - OPERATION AND RURAL

DEVELOPMENT DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 29th Noveraber, 1996

GUJARAT ORDINANCE NO . 16 OF 1996 .

AN ORDINANCE

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

WHEREAS the Governor of Gujarat has promulgated the Gujarat Co - operative Guj . Ord. 8 Societies (Amendment ) (Second ) Ordinance , 1996 on the 12th October, 1996; of1996.

AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 29th October , 1996 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;

AND WHEREAS the said Ordinance would cease to operate after the 9th December , 1996, the date on which the period of six weeks from the date of the re-assembly of the Gujarat Legislative Assembly expires ;

25-1

IV-Ex . 25-1

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 29-11-1996

25-2 ]

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;

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 Co- operative Societies (Amendment) (Third) Ordinance , 1996 .

(2) It shall be deemed to have come into force on the 7th August, 1996 .

2. Guj . X of 1962 to be temporarily amended. During the period of operation Guj . X of of this Ordinance , the Gujarat Co-operative Societies Act, 1961 ( hereinafter 1962. referred to as "the principal Act ") shall have effect subject to the amendments specified in section 3.

3. Amendment of section 99 of Gui . X of 1962. In the principal.Act, in section 99 , after sub- section (3 ), the following new sub - sections shall be inserted, namely:

"(4) Notwithstanding anything contained in sub - sections (1 ) , (2 ) and (3 ) , the following disputes of class of disputes, if the plaintiff so desires , shall be decided summarily by the Registrar, or his nominee or board of nominees , in such manner as may be prescribed , namely :

(a) any dispute for recovery of debt upon promissory note , hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the bye - laws;

(5) any dispute for recovery of a fixed sum of money or in the nature of debt , with or without interest, arising on a written contract;

(c)any dispute for recovery of price of goods sold and delivered, where the rate, quality and quantity are admitted in writing,

(d) any dispute, for recovery of dues payable by a member of, a housing society towards contribution for construction of the house , or any dispute in respect of repayment of any loan, interest on loan , ground rent, local authority

INDEX [25-3 GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 29-11-1996

PART IV ]

taxės , sinking fund, water charges, electricat charges , maintenance and upkeep charges or charges for other services rendered by the society and the interest on such arrears , payable under the written agreement or under the bye -laws .

(5) (a) The defendant shall not be entitled to defend the dispute unless he obtains leave from the Registrar, his nominee or , as the case may be , the board of nominees , in such manner as may be prescribed.

(b) The Registrar, his nominee or board of nominees may grant the leave under clause (a) on such conditions , as he or it thinks fit .

(c) The Registrar , his nominee or board of nominees shall not refuse the leave to defend . the dispute unless he or it satisfies that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious .

(d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such leave , the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by the defendant :

Provided that the Registrar , his nomince or board of nominees in his or its discretion may require any fact so admitted to be proved otherwise than by such admission.

(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or, as the case maybe, board of nominees may pass an award against him , as if he has not been granted such leave .

(6) The Registrar, his nominee or, as the case may be , board of nominees mayunder special circumstances set aside the award passed by him or it and if necessary, stay or set - aside the execution, and may grant leave to the defendant. toappear and defend the disputes , if it seems reasonable so to do , and on such terms as he or it thinks fit . " .

Guj . Ord . 8 of1996." 4. Repeal and savings . ( 1) The Gujarat Co- operative Societies (Amendment) (Second) Ordinance , 1996 is hereby repealed .

(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 25-4]

GUJARAT GOVERNMENT GAZETTE , EX. , 29-11-1996

[ PART IV

STATEMENT

Under the existing provisions of section 99 of the Gujarat . Co- operative Societies Act, 1961 , the Registrar , his nominee or board of nominees has been empowered to decide the disputes referred to him under section 98 of the Act . Certain types of disputes are based on documentary evidence which hardly require proof or which have little scope for defence; such as money suits of a Co-operative Bank or Housing Society , etc.In absence of any provision regarding summary procedure in the Act, even sucli type of disputes are decided after following the detailed procedure . in order to safeguard the public money and speedy recovery thereof, to give justice timely to the people and to have quick disposal of pending disputes, it was considered necessary to empower the Registrar, his nominee or the board of nominees to decide such disputes summarily.

As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Co - operative Societies (Amendment) Ordinance , 1996 was promulgated on the 7th August, 1996 to achieve the aforesaid object. , The said Ordinance could not be replaced by an Act of the State Legislature , and therefore , the Gujarat Co - operative Socicties (Amendment) ( Second) 1996 was promulgated on the 12th October , 1996 to continue the operation of the provisions of the first Ordinance. Thereafter, the Gujarat Legislative Assembly was summoned to meet on the 29th October , 1996 and prorogued on the same dayand therefore, the said second Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub- clause ( a) of clause (2 ) of article 213 of the Constitution of India, the said second Ordinance would cease to operate after the 9th December , 1996, 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 immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object..

KRISHNA PAL SINGH , Gandhinagar,

Governor ofGujarat.

Dated the 26th November, 1996 .

By ofder and in the name of the Governort of Gujarat ,

CHAMAN KUMAR ,, Secretaryto Government...

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . GIGNR /2 , Extra No. 26

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XXXVII ] MONDAY, DECEMBER 2 , 1996 AGRAHAYANA 11 , 1918

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 .

FINANCE DEPARTMENT .

Sachivalaya , Gandhinagar , Dated the 2nd December , 1996.

GUJARAT ORDINANCE NO . 17 OF 1996 .

AN ORDINANCE

to provide for temporary increase in the Contingency Fund of the State of Gujarat .

Guj . Ord . WHEREAS the Governor of Gujarat has promulgated the Gujarat Contingency Fund ( Temporary . Increase ) Ordinance , 1996 on the 22nd .

of 11 1996. October , 1996 ;

AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 29th October, 1996 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;

i AND WHEREAS the said Ordinance would cease to operate after the 9th December , 1996, the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;

26-1

IV-Ex . 26-1

INDEX 26-2

GUJARAT GOVERNMENT GAZETTE, FX. , 2-12-1996

[PART IV

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;

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 Contingency Fund (Temporary Increase ) (Second) Ordinance , 1996.

(2) It shall be deemed to have come into force on the 22nd October , 1996 .

Guj . IV.of

1960.

2. Temporary increase in Contingency. Fund of the State. Notwithstanding anything contained in section 2 of the Gujarat Contingeney Fund Act, 1960 , the extent of the sum of fifty crores of rupees specified in section 2 of the said Act as the sum to be paid , into the Contingency Fund of the State of Gujarat shall , during the period beginning from the commencement of this Ordinance and ending on the 31st March , 1997 be raised to six hundred crores of rupees .,

Ord. 11

Guj . of 1996 .

3. Repeal. The Gujarat Contingency Fund (Temporary Increase ) Ordinance , 1996 is hereby repealéd .

INDEX 26-3 [PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 2-12-1996

STATEMENT

Section 2 of the Gujarat Contingency Fund Act , 1960 provides that out of the Consolidated Fund of the State , a sum of fifty crores of rupees shall be paid into the Contingency Fund of the State . Subsequentto approval of current year's budget estimates by the State Legislature-

(i) the Government of India has sanctioned and released rupees five crores , eighty - three lacs and fifty - nine thousand for the payment of assistance to local bodies for Prime Minister's Integrated Urban Poverty Eradication Programme;

(ii) rupees three crores and twenty lacs is required for election of Panchayats ;

(iii ) rupees six crores and one lac is required for farm -ponds for water storage in the State;

(iv ) rupees two hundred thirty - four crores is required for enhancement of present plan ceiling as per discussion with Central Planning Commission on the 13th September , 1996 ; and

(v) rupees two hundred fifty crores is required for Voluntary Retirement Scheme for workers .

Before the Supplementary Demands relating to these and such other requirements are to be presented to the Legislative Assembly , such expenditure is required to be incurred from the Contingency Fund of the State . The balance in the said Fund was less than rupees four crores and was not sufficient to meet with aforesaid expenditure . It had, therefore , become necessary to increase temporarily , till the 31st March , 1997, the limit of the Fund from fifty crores of rupees to six hundred crores of rupees to achieve the aforesaid objects.

As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Contingency Fund (Temporary Increase ) Ordinance , 1996 was promulgated on the 22nd October , 1996 to achieve the aforesaid object . The Gujarat Legislative Assembly was sümmoned to meet on the 29th October , 1996 and prorogued on the same day , and therefore , the said Ordinance could not be replaced by an Act of the 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 9th December , 1996 , 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 immediate action to 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 .

Gandhinagar

Dated the 30th November , 1996 .

KRISHNA PAL SINGH , Governor of Gujarat .

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

V. V. RAMA SUBBA RAO , Additional Chief Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 27

REGISTERED NO . GIGNR/2 ,

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ] FRIDAY, DECEMBER 13 , 1996 /AGRAHAYANA 22, 1918

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.

EDUCATION DEPARTMENT ,

: Sachivalaya, Gandhinagar, Dated the 13th December, 1996 .

GUJARAT ORDINANCE NO . 18 OF 1996 .

AN ORDINANCE

to amend the Gujarat Secondary Education ( Amendment ) ( Third) Ordinance, 1996,

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

: Guj . Ord . 13 of 1996 .

AND WHEREAS the Governor of Gujarat is satisfied that . circúmstances exist which render it necessary for him to take immediate action to amend the Gujarat Secondary Education (Amendment) (Third) Ordinance , 1996 ;

1. Short title and commencement.-- (1 ) This Ordinance may be callled the Gujarat Secondary Education (Aimendment) (Third) Amending Ordinance , 1996 .

(2) It shall be deemed to have come into force on the 9th August , 1996.

IV-27-1

27-1

INDEX 27-2

GUJARAT GOVERNMENT GAZETTE, EX. , 13-12-1996

[PART IV

Guj . Ord. 13 of1996.

2. Substitution of section 3 of Guj. Ord. 13 of 1996. In the Gujarat Secondary Education (Amendment) (Third) Ordinance , 1996, for section 3, the following section shall be substituted, namely :-

" 3. Amendment of section 3 of Guj . 18 of 1973. In the principal Act, in section 3, in sub- section (2), under the heading "Class B-Elected Members ",

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

" ( vi - da ) three members elected by the teaching staff of registered higher secondary schools from amongst themselves . " ;

(2) after the first proviso, the following proviso shall be added, namely :--

"Provided further that for the purpose of clause (vi - aa) , the State Government shall , by an order published in the Official Gazette, divide the State into three regions each having, as far as possible , an equal number of registered higher secondary schools within the areas comprised therein and the teaching staff of registered higher secondary schools in each such region shall elect one member:";

(3) in the existing third proviso , for the words "Graduate . Basic. Training College " , the words " Graduate Basic Training College or a member of non- teaching staff of registered private secondary school or of teaching staff of registered higher- secondary school " shall be substituted.

INDEX 27-3 GUJARAT GOVERNMENT GAZETTE, EX. , 13-12-1996

PART IV]

STATEMENT

With a viewto having representation of three members elécted by the teaching staff of the registered higher, secondary schools on the Gujarat Higher Secondary Education Board, the Gujarat Secondary Education (Amendment) (Third) Ordinance , 1996 was promulgated . Considering the highest number of teaching staff of the registered higher secondary schools , to have a proportionate representation of teaching staff of such schools and to have parity with the system of elections of members from amongst principals , teachers and parents association on the said Board, it is considered necessary , for the purpose of election , to make three regions each having , as far as possible , an equal number of registered higher secondary schools within the area comprising therein and the teaching staff of such schools in each such region shall elect one member .

Anopportunity is also taken to make consequential amendment in the third proviso to section 3 of the Gujarat Secondary Education Act, 1972 .

As the Gujarat Legislative Assembly is not in session , this Ordinance ispromulgated to achieve the aforesaid object .

Gandhinagar,

KRISHNA PAL SINGH , Governor of Gujarat.

Dated the 13th December, 1996 .

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

D. C. VORA , Deputy Secretaryto Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/ 2,

Extra No. 28

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XXXVII ) FRIDAY, DECEMBER, 20 , 1996/ AGRAHAYANA 29 , 1918 .

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 promulgated and Regulations made by the Governor.

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT Sachivalaya , Gandhinagar, Dated the 20th December, 1996.

GUJARAT ORDINANCE NO . 19 OF 1996.

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 . 1 of 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 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 Legislative Assembly Members (Removal of Disqualifications ) (Third Amendment) Ordinance , 1996 .

(2) It shall come into force at once .

IV- EX. 28-1

28-1

INDEX 28-2

GUJARAT GOVERNMENT GAZETTE EX. , 20-12-1996 [ PART IV

Guj.1 of1960.

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 amendments specified in section 3 :

3. Amendment of Schedule to Guj . 1 of 1960. In the principal Act , in the Schedule , after entry 36 , the following entries shall be added, namely :-

"37. The office of Chairman or Director of the Gujarat Tractor Corporation Limited .

38. The office of Chairman or Director of the Gujarat Water Resources Development Corporation Limited.

43 of 1995.

39. The office of Chairperson or, member of the Gujarat State Wakf Board established under the Wakf Act , 1995 .

6 of 1974.

40. The office of Chairman or member of the Gujarat Pollution Control Board constituted under the Water (Prevention and Control of Pollution ) Act , 1974.":

INDEX EX. , 20-12-1996

PART IV ] GUJARAT GOVERNMENT GAZETTE

28-3

STATEMENT

Some of the Boards , Corporations or Limited Companies formed by the State Government require able heads experienced in the fields of trade , commerce , industry, finance , management or public life to man them efficiently . This is particularly so with regard to those bodies which deal directly with the public and social activities . Sometimes , some Members of the Gujarat Legislative Assembly are found suitable for the purpose but on account of the provision of disqualification in' clause (1 ) of article 191 of the Constitution of India , a doubt arises whether acceptance of the post of a Chairman , Director or member of such a body by a Member of the Gujarat Legislative Assembly would disqualify him on the ground of holding an office of profit under the Government . It is, therefore , considered necessary to remove the disqualification that might be incurred by such Member on being appointed as Chairman , Director or member of such a body by adding entries 37 to 40 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 said Schedule to achieve the aforesaid object .

Gandhinagar,.

Dated the 20th December , 1996 .

KRISHNA PAL SINGH , Governor of Gujarat .

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

KUM . H. K. JHAVERI , Secretary to Government .

GOVERNMENT ÇENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO. G/GNR/2 Extra No. 29

रित्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ]

TUESDAY, DECEMBER 24, 1996/PAUSA 3 , 1918

Separate paging is given to this Fart in order theat t : may be filled as a separate compilation.

PART-IV

heim of the Gujarat Legidature and Ordinances preceded and Reguladors made by the Governmer.

REVENUE DEPARTMENT

Sachivalaya , Gandhinagar , Dated the 24th December, 1996.

GUJARAT ORDINANCE , NO . 20 OF 1996 .

AN ORDINANCE

further to amend the Bombay Land Revenue Code, 1879 .

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

Bom of 1879.

ANDWHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Bombay Land Revenue Code, 1879,

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

1. Short title and reimmencement (1) This Ordinance may be called the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance , 1996 :

(2) It shall come into force at once .

Bom . V of 1879.

2. Bom. V of 1879 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Land Revenue Code, 1879 (hereinafter referred to as " the principal Act ") shall have effect subject to the amendments specified in sections 3 to 6 .

29-1

IV-Ex. 29-1

INDEX 29-2

GUJARAT GOVERNMENT GAZETTE , EX . 24-12-1996

[ PART IV

3. Amendment of section 48 of Bom. V of 1879.In the principal Act , in section48, after sub -section (2), the following new sub -section shall be inserted, namely :-

"(2A) Where any land assessed for any purpose is used for a bonafide industrial purpose under section 65B and a certificate to that effect is issued to the occupant of such land under that section, the assessment fixed under the provisions of this Act upon such land shall , notwithstanding that the term for which such assessment may have been fixed has not expired, be liable to be altered and fixed at a different rate with effect from the commencement of the revenue year in which the use of land for a bonafide industrial purpose is commenced, by such authority and subject to such rules as the State Government may prescribe in this behalf." .

4. Insertion of new section in Bom. V of 1879. In the principal Act, after section 65A, the following new- section shall be inserted, namely:--

"55B. (1 ) Notwithstanding anything contained in section 65 or 65A, where-

Use of certain lands forbona fide industrial purpose.

(a) any land used or held for the purpose of agriculture or, as the case may be, for any non-agricultural purpose not being an industrial purpose is ,-

President's Act

No. 27 of1976 .

(i) designated, for the use of industrial purpose in the draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976 ; or

and (ii) situated in the area where no plan or scheme referred to in sub-clause ( i) is in force,

(b) the occupant of sutir land wishes to use such lant or part thereof..

(1) for a bonajule industrial purpose other than the purpose of manufacture or storage of any chemical or petrochemical ,

it shall be lawful for him to use such land for such ,bonafide industrial purpose without the permission of the Collecior subject to the fulfilment of the following conditions , namely:

(a) the occupant has a clear titie to such land,

(b) such land or part thereof,

President's Act No. 27 of 1976.

(i) is not shown as reserved for a public purpose in draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urimu Develop ment Act, 1976,

(ii) is not notified for acquisition under the Land Acquisition Act, 1894 or any other I of 1894 . law for the time being in force ,

(ii) does not fall within the alignment of any road plan prepared by the State Government or the command area of any irrigation project,

(iv) is not situated within thirty metres from the boundary of any land held for the purpose of railway by the Central Government or the Indian Railway Company Ltd. , or

८

INDEX 29-3 PART IV ] .

GUJARAT GOVERNMENT GAZETTE , EX . 24-12-1996

(v) is not situated within fifteen metres of the high voltage transmission line ;

(II) for the purpose of manufacture or storage of any chemical or petrochemical,

it shall be lawful for him to use such land for such bonafide industrial purpose without the permission ofthe Collector subject to the fulfilment of the following conditions , in addition to the conditions mentioned in sub - clause (1), namely :---

such land or part thereof is not situated within two kilometres from the boundary of,-

7of1904.

(i) an ancient monument declared as 'protected monument ' under sub -section (1 ) ofsection 3 ofthe Ancient Monuments Preservation Act, 1904;

(ii) anancient and historical monument declared as 'protected monument' under sub-section (3) of section 4 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, Guj . 25 of 1965. 1965;

(iii) a forest land or waste land declared as ' reserved forest land' under section 3 of the Indian XVI of 1927 . ForestAct,1927;

(iv) a forest land or waste land known as ' protected forest ' under section 29 of the Indian XVI of 1927. ForestAct, 1927;

(v) an area declared as ' sammary' under sub - section (1) of section 18 of the Wild Life 53 of1972. (Protection) Act, 1972 ; or

(vi ) an area declared as ' national park' under section 35 of the Wild Life (Protection) Act, 53 of 1972. 1972.

(2)(a) The occupant shaji comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government , Government Company, local authority in relation to use of land for a bonafide industrial purpose under sub -section (1 ) before the land is put to use for such purpose .

(b) Where an occupant commences the use of the land for a bonafide industrialpurpose under sub -section (1) , he shall within thirty days from the date of commencement of the use of land for abonafide industrial purpose, send a notice of the date of commencement of such use , alongwith otherparticulars in such form as may be prescribed by ruies made under this Act, to the Collector and endorse a copy thereof to the Mamlatdar.

(3) Where , on the receipt of such notice alongwith other particulars sent by the occupant under clause (b) of sub - section (2), the Collector, after making such inquiry as he deems fit-

(a) is satisfied that the occupant of such land has validly commenced the use of the land for abonafide industrial purpose under sub -section (1), he shall issue a certificate to that effect to the occupant in such form and within such period as may be prescribed by rules made under this Act,

(b) is not so satisfied, he shall , after giving the occupant an opportunity of being heard , refuse to issue such certificate :

INDEX 29-4

GUJARAT GOVERNMENT GAZETTE, EX . 24-12-1996

.[ PART IV

Provided that no such certificate shall be issued under clause (a) unless the conversion tax leviable under section 67A is paid.

(4)(a ) Where the occupant fails to send the notice and other particulars under clause (b) of sub- section (2) within the period specified therein, he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Act, such fine not exceeding ten thousand rupees as the Collector may , subject to rules made under this Act, direct .

(b) (i ) Where the occupant commences the use of such land for industrial purpose despite the non -fulfilment of any of the conditions specified in sub-section ( 1 ), or :

(ii) where cetificate is refused to the occupant under clause (b) of sub- section (3),

he shall be liable, in addition to the payment of non- agricultural assessment leviable under this Act, to restore such land to its original use within such period as the Collector may specify in a notice served on such occupant in this behalf.

(c) Where such occupant does noi restore the land to its original use within the period specified by the Collector in the notice served under clause (b) ,-

(i) be shall be liable to pay such fine not exceeding five thousand rupees and in addition, such daily fine not exceeding one hundred rupees per hectare or part thereof of land not so restored for each day during which such land is not restored to its original use, after the expiry of the period specified in such notice as the Collector may , subject to rules made under this Act , direct, and

(ii) the Collector shall take such steps as he thinks fit to get suchland restored to its original use and collect the cost incurred in this behalf from such occupant as an arrear of land revenue .

(5)(a) The occupani shail commence industrial activity on such land within three years from the date of the notice sent by him to the Collector under ciause ( b) of sub- section (2) and commence production of goods or providing of services on such land within five years from such date:

Provided that the period of three years or, as the case may be, five years may, on an application made by the occupant in that behalf, be extended from time to time by the Collector in such circumstarices as may be prescribed by rules made under this Act .

(b) Where the occupant fails to commence industrial activity or production of goods or providing of services within the period specified in clause (a) or the period extended under the proviso to clause (a), he shall be liable to pay, in addition to non- agricultural assessment leviable under section 48 , non- agricultural assessment at the rate of five rupees per square metre of the land with effect from the date of expiry of the period of three years or five years or , as the case maybe , the period extended under the proviso to clause (a) till he commences industrial activity . or, as the case may be , commences production of goods or providing of services .

29 of 1986 .

Explanation I. For the purposes of this section, section 48 and section 67A, the expression "bonafide industrial purpose " means an activity of manufacture , preservation or processing of goods, (other than the hazardous and toxic chemicals specified in Part II of the Schedule I to the Manufacture, Storages and Import of Hazardous Chemicals Rules , 1989 made under the Environment (Protection) Act , 1986 and for the time being in force) or any handicraft , or

INDEX PART IV ]

29-5

GUJARAT GOVERNMENT GAZETTE, EX. 24-12-1996

industrial business or enterprise, carried on by any person and includes construction of industrial buildings used for the manufacturing process or púrpose , or power projects or port projects and ancillary industrial usage like research and development, godown, canteen, office building of the industry concerned, or providing housing sccommodation to the workers ofthe industry concerned, or establishment of industrial estate including a co - operative estate or service industry or tourisin or cottage industry.

Explanation II. For the purposes of this section, an occupent shall be deemed to have conimenced the use of lend for a bonafide industrial purpose from the date on which he ceases to use the land for agricultural or non-agricultural purpose existing immediately before the date of such cesser.

5. Amendment of section 674 ofBom. V of 1879.In the principal Act , in section 574 ,

in sub-section (1 )

(a) in clause (b), for the words " in that section ", the words " in that section , or " shall be substituted;

(b) after clause (3 ), the following clause shall be added , namely

(2) in sub -section (2), in the proviso, for the words "under this sub-sertion" , the words, brackets , figure and letter " under this sub -section or under sub-section (2A) " shall be substituted;

(3) after sub- section (2) but before the proviso , the following newsub section shall be inserted, namely:

"(24) Where any land assessed or held for any non- agricultural purpose not being an industrial purpose (hereinafter referred to as " the existing non- agricultural purpose" ) and situated in a specified area is used for a bonafide industrial purpose under section 65B, the occupant of such land shshall be liable to pay to the State GovGovernment a tax at such rate as is equivalent to the difference between the rate oftax applicable to the industrial purpose specified in the corresponding entry in column (6) of the Table below and the rate of tex applicable to. the existing non -agricultural purpose specified in columns (3 ) , (4) and (5) of the Table below." .

6. Amendment of section 214 of Bom. V of 1879. In the principal Act, in section214, in sub- section (2), clause (h) shall be renumbered asas clause (gi) and after clause (gi ) as so renumbered, the following clause shall be inserted , namely :

(h) the form of notice and the particulars to be sent under clause (b) of sub-section (2) , the form of and the time within which a certificate is to be issued under sub- section (3 ), the rules subject to which the Collector may direct payment of fine under cisuses (a) and (c) and the form of notice to be served under clause (b) of sub- section (4), and the circumstances in which the period may be extended under the proviso to clause (a) of sub- section (5) , of section 65B. " .

INDEX 29-6

GUJARAT GOVERNMENT GAZETTE, EX . 24-12-1996

[ PART IV

STATEMENT

Under the existing provisions of sections 65 and 65A of the Bombay Land Revenue Code, 1879, permission of the Collector is required for change of use of the land from agricultural to non-agricultural or from one non-agricultural to another non- agricultural use. Anew section 65B is sought to be inserted in the Code allowing the occupant to change the use of land from agricultural or, as the case may be , non- agricultural to a bonafide industrial purpose so that the land can be immediately used for that purpose in the cases where the land is designated for use . ofindustrial purpose in the draft or final development plan or in the draft or final town planning scheme or where the land is situated in the area where no such plan or scheme exists. However, before the use of land is changed from agricultural or non-agricultural to a bonafide industrial purpose other than the purpose of manufacture or storage of chemical of petrochemical , the occupant is required to comply with certain conditions . Those conditions are that the land orpart thereof is not reserved for any public purpose under the draft or final development plan ordraft or final town planning sobeme; it is not notified for acquisition under the Land Acquisition Act, 1894; it does not fall within the alignment of any road plait or the Comriand Area of any irrigation project or within thirty metres of any railway line or within fifteen metres of high voltage transmission line , etc. Where the occupant wishes to use such land forthe purpose ofmanufacture . or storage ofany chemical or petrochemical industry, he is required to fulfil additional conditions that such land or part thereof is not situated within two kilometres from the boundary of the protected monument reserved forest' , 'protected forest' , ' sanctuary' or ' national pack ' declared as such under the relevant laws . In order to prevent the change of use of land in contravention ofthe conditions as mentioned above provisions are made requiring the occupant who uses the land for a vonajide industrial purpose to send a notice of such use to the Collector within specified time and to obtain a certificate from the Collector certifying that the land is used by the occupant validly , and where the conditions are contravened or the certificate is retused, the occupant is required to restore the land to its original use and in addition to pay non- agricul- tural assessment . The expression 'bonafide industrial purpose' is defined and while so Jefining , the activities of the manufacture, preservation and processing of hazardous and toxic chemicals specified in the rules made under the Environment (Protection ) Act, 1986 are excluded. Certain consequential auenduments in sections 48, 67A and 214 of the Code are also made .

For this purpose, the Bombay Land Revenue Cotte (Gujarat Amendment) Ordinance , 1996 was promulgated to achieve the aforesaid objects . Thereafter, the Legislative Assembly of the State was summoned to meet on the 3rd September, 1996 but the said. Ordinance could not be replaced by an Act of the State Legislature in that session . in view of provisions of sub- ciause (a)ofclause (2) ofarticle 213 of the Constitution of india, the said Ordinance has ceased to oporatc after the 14th October, 1996. Therefore, as the Gujarat Legislative Assembly is not in session, thisOrdinance is promulgated to amend the said Code to achieve the aforesaid objecw .

KRISTINA PAL SINGH,

Gandhinagar,

Governor ofGujarat.

Dated the 23rd December, 1996,

By order and in the name of the Governor ofGujarat,

A. M. BHARADWAJ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2, Extra No. 30

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XXXVII ]

TUESDAY, DECEMBER 24, 1996 /PAUSA 3 , 1918

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.

REVENUE DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 24th December, 1996 .

GUJARAT ORDINANCE NO. 21 OF 1996 .

AN ORDINANCE

further to amend the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958.

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

Bom . LXVII of 1948 . of1949 . Sau . Ord . XLI Bom. XCIX of 1958.

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 Tenancy and Agricultural Lands Act , 1948 , the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the Bombay. Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act, 1958;

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 Tenancy and Agricultural Lands Laws (Amendment ) (Second )Ordinance, 1996.

(2) It shall come into force at once .

IV-Ex . 30-1

30-1

INDEX :30-2

[ PART IV GUJARAT GOVERNMENT GAZETTE, EX. 24-12-1996

Bom. LXVII

Sau . Ord . XLI of Bom. XCIX of 1948 . Lot1949 of1958..

2. Bom. LXVII of 1948, Sau. Ord. XLI of 1949 and Bom. XCIX of 1958 to be temporarily amemded. During the period of operation of this Ordinance, the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , 1949 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 shall have effect subject to the amendments specified respectively in sections 3 to 10.

Bom . LXVII of 1948.

3. Amendment of section 43 ofBom. LXVII of 1948. In the Bombay Tenancy andAgricultural Lands Act, 1948 (hereinafter referred to as "the Bombay Tenancy and Agricultural Lands Act " ), in section43,-

(1) after sub - section (1B), the following sub - section shallbe inserted, namely :-

1879. Bom. , V of "( 10) The land to which sub -section (1) applies and for which no permission is required under sub -section (1) of section 65B of the Bombay Land Revenue Code , 1879 for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub - section(1). of this section, be sold without the previous sanction of the Collector under sub- section (1 ) but subject to payment of such amount as may be determined by the State Government under sub-section (1 ) . " ;

(2) in sub -section (2) , after the words , brackets and figure " sub - section ( 1 ) " , the words , brackets, figure and letter " or- sub-section ( 1C) " shall be inseried.

4. Insertion of new section in Boim . LXVII of 1948. In the Bombay Tenancy and Agricultural Iands Act, after section 63A, the following new section shall be inserted, namely:-

V of

Bom . 1879.

Sate of land for bonuside industrial pur- mitted in pose per- `certain cases.

"63AA . ( 1) Nothing in section 63 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub - section (1) of section 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrialpurpose:

Provided that

33 of 1976.

... (a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2of theUrban Land (Ceiling and Regulation) Act , 1976,

(b) where the area of the land proposed to be sold exceeds ten liectares , the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer , as the State Government may, by an order in writing, authorise in this behalf,

(c) the area of the land proposed to be sold shall not exceed four times the area on which construction for a bonafide, industrial purpose is proposed to be made by the purchaser:

INDEX GUJARAT GOVERNMENT GAZETTE, EX . 24-12-1996 PART IV ]

30-3

Bom. V of (d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe , the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code , 1879.

(2) Nothing in section 63A shall apply to any sale made in pursuance of sub - section (1) .

(3) (a) Where the land is sold to a person in pursuance of sub - section (1 ) (hereinafter referred to as " the purchaser " ), he shall within thirty days from the date of the purchase of the land for a bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as may be prescribed , to the Collector and endorse a copy thereof to the Mamlatdar .

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause(a) within the period specified therein , he shall be liable to pay, in addition to the non - agricul- tural assessment leviable under this Act, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Act, direct.

(i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub -section (1 ) , he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed ,

(ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal , the sale of land to the Lurchaser shall be deemed to be in contravention of section 63 .

(d) (i ) The purchaser aggrievedby the refusal to issue, a certificate by the Collector under sub- clause (ii) of clause (c) may file an appeal to the State Government or such officer, as it may, by an order in writing, authorise in this behalf .

(ii) The State Government or the authorised officer shall , after giving the appellant an oppor- tunity of being heard, pass such order on the appeal as it or he deems fit .

(4) (a). The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose .

(b) The purchaser to whom a certificate is issued under sub -clause (i ) of clause (c) of sub -section (3) shall commence industrial activity on such land within three years from the date ofsuch certificate and commence production of goods or providing of services within five years from such date :

Provided that the period of three years or, as the case may be , five years may, on an application made by the purchaser in that behalf, be extended from time to time, by the State Government or such officer, as it may , by an order in writing, authorise in this behalf, in such circumstances as may be prescribed.

INDEX [PART.IV 30-4

GUJARAT GOVERNMENT GAZETTE, EX . 24-12-1996

(5) Where the Collector, after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard , comes to a conclusion that the purchaser has failed to commence industrial activity or production ofgoods or providing of services within the period specified in clause . (b) of sub -section (4) , or the period extended under the proviso to that clause, the land shall vest in the State Government free from all encumbrances on payment to the purchaser ofsuch compensation as the Collector may determine , having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land . " ..

5. Amendment of section 82 ofBom. LXVII of 1948. In the Bombay Tenancy and Agricultural Lands Act, in section 82, in sub - section (2) , after clause (ka), the following clause shall be inserted, namely:---

"(kaa) the form of notice and particulars to be sent under clause (a), the rules subject to which theCollector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub -clause (i ) of clause (c), of sub -section (3) and the circumstances inwhich the period may be extended under the proviso to clause (b ) of sub -section (4) , of section 63AA;" .

6. Insertion of new section in Sau . Ord. XLI of 1949. In the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance , 1949 (hereinafter referred to as "the Saurashtra Sau Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance " ) , after section 54, the following new section shall be inserted , namely :- XLI of

m. V of 1879 .

"55. ( 1) Nothing in section 54 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub - section ( 1) of section 65B of the Bombay Land Revenue Code , 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose :

Sale of land for bonafide industrial mittedincein cer- purpose per- taincases.

Provided that-

(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 ofthe Urban Land (Ceiling and Regulation) Act, 1976, 33 of1976 ,

why where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be suid in pursuance of this sub- section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer , as the State Government may, by an order in writing, authorise in this behalf,

(c) the area of land proposed to be sold shall not exceed four times the area on which construction for a bonafide industrial purpose is proposed to be made by the purchaser:

Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant . authority under that law shall not be taken into account for the purpose of computing four times the area,

Bom. V of (d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code , 1879. 1879.

INDEX 30-5 PART IV ]

GUJARAT GOVERNMENT GAZETTE , EX . 24-12-1996

bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to the Mamlatdar.

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to the non -agricul- tural assessment leviable under this Ordinance, such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Ordinance, direct.

(c) Where on receipt of the notice of the date of purchase for the use of land for a bornafide industrial purpose and other particulars sent by the purchaser under clause (a), the Collector, after making such inquiry as he deems fit-

(i) issatisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub - section ( 1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed,

(ii) is not so satisfied , he shall , after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal, the sale of land to the purchaser shall be deemed to be in contravention of section 54.

(a) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub -clause (ii) of clause (c) may file an appeal to the State Government or such officer, as it may, by an order in writing, authorise in this behalf.

(ii) The State Goverrument or the authonsed officer shall , after giving the appellant an opportunity of being heard, pass such order on the appeal as it or he deems fit.

(3 ) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Governinent or any Corporation owned orcontrolled by such Government ,Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose .

(b) The purchaser to whom a certificate is issued under sub-clause (i) of clause (c) ofsub- section (2) shall commence industrial activity on such land within three years from the date of certificate and commence production of goods or providing of services within five years from such date :

Provided that the period of three years or, as the case may be, five years may, on an application made by the purchaser in that behalf, be extended from time to time , by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, in such circumstances as may be prescribed.

(4) Where the Collector, after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard , comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) of sub -section (3), or the period extended under the proviso to that clause, the land shall vest in the State Government free from all encumbrances on payment to the purchaser- of such compensation as the Collector may determine , having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land. " .

7. Amendment of section 73 ofSau. Ord . XLI of 1949. In the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance, in section 73, for sub- sections (2) and (3 ), 'the following sub -sections shall be substituted , namely:-

INDEX 30-6

GUJARAT GOVERNMENT GAZETTE, EX . 24-12-1996.

[PART IV

"(2).In particulăr and without prejudice to the generality of the foregoing provisions , such rules may provide for the following matters :-

(a) the manner of determining debts and liabilities under section 43;

(b) the manner of notifying liquidation scheine sanctioned under section47;

(d) the form ofnotice and particulars to be sent under clause (a), the rules subject to which the Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub - clause ( i) of clause (c), of sub-section(2) and the circumstances in which the period may be extended under the proviso to clause (b) of sub - section (3 ) , of section 55; and

(e) any other matter which is to be or may be prescribed under this Ordinance .

(3) Rules made under this section shall be subject to the condition of previous publication in the Official Gazette :

(4) All rules made under this section shati be laid before the State Legislature as soon as. may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following .

(5)Any modifications so made by the State Legislature shall be published in the Official Gazetteand shall thereupon take effect. " .

Bom. XCIX of 1958.

8 .. Amendment of section 57 of Bom . XCIX of 1958. In. the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Katch Area) Abf, 1958 (hereinafter referredto as " the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act " ) , in section 57,-

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

Bom V of 1879.

"(1A) The land to which sub -section (1 ) applies and for which no permission is required under sub -section (1) offsectionsec 65B of the Bombay Land Revenue Code , 1879 for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub- section (1) of this section, be sold without the previous sanction of the Collector under süb -section (2 ) ";

(2) in sub - section (2 ), after the words , brackets and figure " sub -section ( 1) " , the words , brackets, figure and letter " or sub - section (1A) " shall be inserted.

9. Insertion of new section in Bom, XCIX of 1958. In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act , after section 89, the following new section shall be inserted, namely:-

INDEX 30-7 GUJARAT GOVERNMENT GAZETTE , EX. 24-12-1996 ,

PART IV ]

シ

Bom 1879.

Sale of land for bonafide industrial pur- pose permitted in certain cases.

"89A. (1) Nothing in section 89 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section, (1) of section 65B of the Bombay Land Revenue Code , 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose :

Provided that

33Of 1976.

(a) the land is not situated within the urban aggiomeration as defined in clause (n) of section 2 ofthe Urban Land (Ceiling and Regulation) Act, 1976,

(b) where the area of the land proposed to be sold exceeds ten hectares , the person to whom the land is proposed to be sold in pursuance of this sub - section shall obtain previous permission ofthe Industries Commissioner , Gujarat State , or such other officer, as the State,Government may, by an order in writing, authorise in this behalf,.

(c) the area of the land proposed to be sold shall not exceed four times the area on which construction for a bonafide industrial purpose is proposed to be made by the purchaser:

Provided that any additional land which may be required for pollution control measures or requited under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four tíines thearea,

Bom. V of1879.

(4) where the land proposed to be sold is owned by a persen belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1899.

(2) Nothing in section 90 shall apply to any sale roade ia pursuance of sub-section (2)

(3)-(a) Where the land is soid to a person in pursuance of sub -section (1) ( hereinafter refeared to as " the purchaser" ), be shall within thirty davs from the date of the purchase ofthe land for a bonafide industrial purpose, send a notice of such purchase- in such foran alongwith such other. particulars as may be prescribed , to the Collector and endorse a copy thereof to the Mandatdar.

(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein, he shall be liable to pay, in addition to thie non- agricultural assessment leviable under this Act, such fine not exceeding two thousand rupees ' as the Collector may, subject to riles made under this Act, direct .

(i) is satisfied that the purchaser of such land has validly purchased the land for a bonafide industrial purpose in conformity with the provisions of sub- section (1), he shall issue a certificate to that effect to the purchaser in such foriu and within such time as may be prescribed,

(ii) is not so satisfied, he shall ; after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal , the sale of land to the purchaser shall be deemed to be in contravention of section 89 .

(d) (i) The purchaser aggrieved by the refusal to issue à certificate . by the Collector under sub- clause (it) of clause (c ) may file an appeal to the State Government or such officer, as it may, by anorder in writing, authorise in this behalf.

INDEX 30-8

GUJARAT GOVERNMENT GAZETTE, EX. 24-12-1996

[ PART IV

(ii) The State Government or the authorised officer shall , after giving the appellant an opportunity ofbeing heard , pass such order on the appeal as it or he deems fit .

(4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company , local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose .

(b) The purchaser to whom a certificate is issued under sub- clause (i) of clause ( c) of sub- section (3), shall commence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date :

Provided that the period of three years or, as the case may be , five years may , on an application madeby the purchaser in that behalf, be extended from time to time , by the State Government or such officer, as it may, by an order in writing authorise in this behalf, in such circumstances as may be prescribed.

: (5) Where the Collector , after making such inquiry as he deems fit and giving the purchaser an opportunity ofbeing heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) of sub -section (4) , or the period extended under the proviso to that clause , the land shall vest in the State Government free from all encumbrances on payment to the purchaser of such compensation as the Collector may determune, having regard to the price paid by the purchaser and such land shall be disposed of by the State Government, having regard to the use of land . " .

10. Amendment ofsection 118 ofBom. XCIX of 1958.- la the Bombay Tenancy and Agricultura ! Lands (Vidarbha Region and Kutch Area) Act , id section 118 , in sub -section (2 ), after clause (xix), the following clause shall be inserted , namely

"(xix- a) the form of notice and particulars to be sent under clause (a), the rules subject to which Collector may direct the payment of fine under clause (b), the form of and the time within which a certificate is to be issued under sub - clause ( 1) of clause ( c), of sub -section (3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub - section (4), of section 89A; " .

INDEX - PART IV ]

GUJARAT GOVERNMENT GAZETTE , EX . 24-12-1996

30-9

STATEMENT

At present there are three different Tenancy Laws in operation in the State. In the Bombay area . ofthe State, the Bombay Tenancy and Agricultural Lands Act, 1948 is in force, in the Kutch area of the State , the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 is in force and in the Saurashtra area of the State , the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance , 1949 is in force . In the Acts applicable to the Bombay area and the Kutchi area of the State , the tenant can sell , with the permission of the Collector, the land which he has purchased under those Acts and under all the three Acts , the sale of agricultural land by an agriculturist to a non- agriculturist is allowed with the permission of the Collector. Those Acts are sought to be amended to allow - sale of land by tenant or by an agriculturist to non- agriculturist for abonafide industrial purpose so that the land can immediately be used for that purpose . In order to prevent the sale of land in contravention of the amended provisions , under the amended provisions the purchaser is required to send a notice of such purchase to the Collector within thirty days from the date of purchase and to obtain a certificate from the Collector certifying that the land is purchased by the purchaser validly and where the , certificate is refused, the sale of land to the purchaser is deemed to be in contravention of the relevant provisons of the Tenancy Laws . Where the totalextent of such land so purchased exceeds ten hectares , the purchaser is required to obtain prior permission of the Industries Commissioner or an officer, authorised by the State Government . Under the amended provisions , tire purchaser is also required to commerce industrial activity within a period of three years from the date of issue of certificate of valid sale to him by the Collector and to .commence production of goods or providing of services within five years from such date or within the extended period , failing, whicli the land shalt vest in the State Government on payment of compensation to the purchaser and the Government would be freeto dispose it of having regard 13 the use of land.

For this purpose, the Gujarat Tenancy and Agricultural Lands Laws (Amendment ) Ordinance , 1996 was promulgated to achieve the aforesaid objects. Thereafter, the Legislative Assembly of the State was summoned to meet on the 3rd September, 1996 but the said Ordinance could not be replaced by an Act of the State Legislature in that session. In view of provisions of sub - clause ( a) of clause (2) of article 213 of the Constitution of India , the said Ordinance has ceased to operate after the 14th October , 1996. Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend these three Acts to achieve the aforesaid objects .

Gandhinagar,

KRISHNA PAL SINGH, Governor ofGujarat .

Dated the 23rd December, 1996 .

By order and in the name of the Governor ofGujarat ,

A. K. JOTI ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX