Extra Ordinary Part - V / 1996
Extra No.
Date
Department
Extra No.1 31-01-1996 Legislative & Parliamentary Affairs Department Extra No.2 03-02-1996 Legislative & Parliamentary Affairs Department Extra No.3 03-02-1996 Legislative & Parliamentary Affairs Department Extra No.4 13-02-1996 Legislative & Parliamentary Affairs Department Extra No.5 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.6 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.7 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.8 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.9 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.10 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.11 15-02-1996 Legislative & Parliamentary Affairs Department Extra No.12 19-02-1996 Legislative & Parliamentary Affairs Department Extra No.13 20-02-1996 Legislative & Parliamentary Affairs Department Extra No.14 29-02-1996 Legislative & Parliamentary Affairs Department Extra No.15 29-02-1996 Legislative & Parliamentary Affairs Department Extra No.16 29-02-1996 Legislative & Parliamentary Affairs Department Extra No.17 29-02-1996 Legislative & Parliamentary Affairs Department Extra No.18 21-03-1996 Legislative & Parliamentary Affairs Department Extra No.19 22-03-1996 Legislative & Parliamentary Affairs Department Extra No.20 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.21 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.22 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.23 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.24 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.25 25-03-1996 Legislative & Parliamentary Affairs Department Extra No.26 27-03-1996 Legislative & Parliamentary Affairs Department Extra No.27 27-03-1996 Legislative & Parliamentary Affairs Department Extra No.28 27-03-1996 Legislative & Parliamentary Affairs Department
REGISTERED NO. G/GNR/2
Extra No. 1
C
यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ] WEDNESDAY, JANUARY 31 , 1996 /MAGHA, 11 , 1917
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly .
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette , the date of publication to be reported ) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A ofthe Gujarat Legislative Assembly Rules :
THE GUJARAT MARITIME BOARD ( AMENDMENT) BILL, 1996 .
GUJARAT BILL NO . 1 OF 1996 .
ABILL
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 :-
1. (1) This Act may be called the Gujarat Maritime Board ( Amendment) Act , 1996. Shorttitle and commen- cement.
(2) It shall be deemed to have come into force on the 8th September, 1995.
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 :
Amendment of of Guj. 30 of 1981. 130
V- EX - 1-1
1-1
INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 31-1-1996
1-2 ]
"(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 StateGovernment, 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, în 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. Inthe 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, 30 of 1981.
5. In the principal Act , for section 15, the following shall be substituted , namely:-
Substitution of section 15 of stitution 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 in such direction , may also be exercised or performedby 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:
of Substitution of ction 17 of Guj . 30 1981 .
" 17. (1 ) (a).The State Government shall appoint such person, as it may think fit; to be the Chief Executive Officer of the Board:
Chief. Execu- tive Officer and other of- ficers and ser- vants of the Board.
(b) The terms and conditions of service of the Chief Executive Officer shall be such as may be prescribed by the rules .
(2) 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 State Government may sanction such appointment on such terms and conditions as it thinks fit.
(3) The Board may create such other posts and appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Board and determine by regulations their conditions of appointment and service and the remuneration payable to them:
1508f of Provided that no person shall be appointed as a pilot at any port who is not for the time being authorised by the State Government under the Indian Ports Act , 1908 to pilot vessels at that port .
INDEX 1-3 PART V ]
GUJARAT GOVERNMENT GAZETTE, EX . , 31-1-1996
(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." .
7. In the principal Act , section 18 shall be deleted .
Deletion of section 18 of Guj 30 of 1981 .
:
8. In the principal Act , for section 19, the following shall be substituted , namely:
Substitution of section 19 of Guj . 30 of 1981.
control of-- and Discover ficersemployees by Board.
" 19. (1 ) Subject to any regulations , the power of granting extension of service to, granting leave to , suspending , reducing , removing or dismissing oror ofof 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 130 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 . " ..
Gutton30 of 1981 . Amendment of Gu 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 .
1
of Amendment of i. 30 of 1981.
11. In the principal Act, în section 80, for the word " Chairman " where it occurs at two places , the words " Chief Executive Officer " shall be substituted .
Amendment section 82 of Guj 30 of 1981.
12. In the principal Act , in section 82, in sub - section ( 2) , for the word " Chairman " where it occurs at three places , the words " Chief Executive Officer " shall be substituted .
INDEX 1-4 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 31-1-1996
[ PART V
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 of30 of 1981 .
Amendment of section 92 of Guj 30 of 1981 .
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 of officer " shall be substituted.
Amendment of section 107 of Guj, 30 1981 .
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 Guj 1981. 30 of
17. In the principal Act, in section 109,-
Amendment of section 109 of Guj. 3009 of 1981.
(1) in sub -section (2) , after clause (a) , the following clause shall be inserted, namely : - ^
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" (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 nécessary to take immediate action , it may dispense with previous publication of any rule to be made under this section . " .
Amendment of section 110 of Toi 30 of 1981.
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 .
Guj . Ord .
19. ( 1 ) The Gujarat Maritime Board (Amendment) (Second) Ordinance , 1995 is hereby repealed. 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 Act as amended by thisAct .
INDEX 1-5
PART V ]
GUJARAT GOVERNMENT GAZETTE, EX. , 31-1-1996
STATEMENT OF OBJECTS AND REASONS
The provisions of sub - section (4 ) of section 3 of the Gujarat Maritime Board Act , 1981. -existing immediately before the commencement of the Gujarat Maritime Board (Amendment ) Ordinance, 1995 were found , at times, to leave no room for flexibility in the matter of appointment of members on the Board from amongst persons specified in clauses (b) to (h) of the said sub - section (4). It was, therefore , considered necessay to amend the said sub - section (4) to provide that the Board shall consist of not less than five and not more than twelve members , as the State Government thinks fit, to appoint and to take power to the Government to appoint members other than ex - officio from amongst persons who are , in the opinion of the Government , having expertise or experience in or capable of representing one or more of the interests of shipping , navigation, ports , sailing vessels , fisheries , trade, commerce , industry , workers of minor ports and such other interests as ought to be represented on the Board. Clause (a ) of the said sub - section (4) provides for appointment of two members from amongst officers , one of whom is a representative of the department of the State Government in - charge of the administra.- . tion of minor ports and the other representative of the Finance Department . It was considered necessary also to have the Commissioner of Fisheries as a member of the Board . Sub - section (4) of the said section 3 was proposed to be amended to provide accordingly .
As per provisions ofsub - section (4) of section 10 existing immediately before the commen- cement of the said Ordinance , the business ,at meeting cannot be transacted for want of requisite . quorum throughout the meeting . This requirement was proposed to do away with a view to transacting business without quorum throughout, at a meeting.
In order to enable the Chairman to devote more time in framing the policy for the effective working of the Board , it was considered necessary to relieve him from the burden of the executive work of the Board and to entrust such work to the Chief Executive Officer . It was , therefore , proposed to confer the powers on the Chief Executive Officer by amending sections 15, 24, 80, 82 and.87 of the 'Act .
" Under section 17 existing immediately before the commencement of the said Ordinance , a person having experience of civil works , operation and administration of ports can be appointed as a Chief Executive Officer of the Board . On gaining experience , it was found that suitable person of such experience was not available for being appointed as Chief Executive Officer . Hence it was proposed to do away with such requirement of experience .
The provisions of sections 17 and 18 existing immediately before the commencement of the said Ordinance provide for creation of posts and appointment of the persons to such posts by the Board or by the State Government . It was proposed to give all powers of creation of posts and appointment , except that of Chief Executive Officer, to the Board . In case of the appointment of Financial Controller- cum-Chief Accounts Officer, prior consultation of Government is stipu- lated.
Section 24 existing immediately before the commencement of the said Ordinance provides that where the term of contract exceeds thirty years , the approval of the State Government is required to be obtained before the contract is made by the Board . The said limit was proposed to be reduced to five years in respect of contract for leasing of waterfront , jetties , waterways and corresponding infrastructural facilities with a view to having proper check and control over the Board.
Section 74 existing immediately before the commencement of the said Ordinance was proposed to be amended so as to enable the Board to deposit moneys standing at the credit of the Board in any corporation or financial institution controlled and managed by the State Government:
There was no provision in section 92 existing immediately before the commencement of the , said Ordinance for laying the report relating to the administration of the Board before the State , Legislature . It was , therefore , proposed to make such provision in this section.
V-Ex - 1-2
INDEX 1-6 ] .
GUJARAT GOVERNMENT GAZETTE , EX . , 31-1-1996
[ PART V
: As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Maritime Board (Amendment) Ordinance, 1995 was promulgated on the 8th September , 1995 to achieve the aforesaid objects . The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was summoned to meet on the 7th October, 1995 and prorogued on the same day. Therefore , the said Ordinance could not be replaced by an Act of 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 have ceased to operate after the 17th November, 1995, the date on which the period of six weeks from the date of re -assembly of the Gujarat Legislative Assembly expires . It was expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly was not in session , the Gujarat Maritime Board (Amendment) (Second) Ordinance , 1995 was promulgated to achieve the aforesaid objects .
This Bill seeks to replace the said Second Ordinance by an Act of the State Legislature.
SURESHCHANDRA MEHTA
C MEMORANDUM REGARDING DELEGATED LEGISLATION
TheBill involves delegation of legislative powers in the following respects :-
Clause 5.-Section 15 proposed to be substituted by this clause empowers the Board to delegate, with the approval of the State Government, its powers and duties to the Chief Executive Officer.
Clauses 6 and 17.-( i) Clause (b) of sub - section ( 1 ) of section 17 proposed to be substituted by clause 6 and new clause ( aa) to sub - section (2) of section 109 proposed to be inserted by clause 17, empowers the State Government to prescribe by rules the terms and conditions of service of the Chief Executive Officer .
(ii) Sub-section (3) of section 17 proposed to be substituted by clause 6 empowers the Board to frame regulations for determining the conditions of appointment and service and the remuneration payable to the officers and employees of the Board ..
C Clause 8.-( i) Sub-section ( 1 ) of section 19 pròposed to be substituted by this clause empowers the Board to frame regulations to prescribe the authority for the purposes of exercising the powers under said sub - section ( 1) .
(ii) Sub - section (2 ) of section 19 proposed to be substituted by this clause empowers the Board to make regulations providing for the time within which and the manner in which an appeal may be preferred .
2. The delegation of the legislative powers as proposed is necessary and is of a normal character .
Dated the 25th January , 1996 .
SURESHCHANDRA MEHTA ,
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat ,
Legislative and Parliamentary Affairs Department
Gandhinagar , dated the 31st January, 1996.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO. G/GNR/2 Extra. No. 2
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- સ્વ મમરો
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ]
SATURDAY, FEBRUARY 3 , 1996 / MAGHA 14 , 1917
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
( To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported ) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS ( REMOVAL OF DISQUALIFICATIONS) ( AMENDMENT) BILL, 1996 .
GUJARAT BILL NO . 2 OF 1996 .
A BILL
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 commence- ment.
(2). It shall be deemed to have come into force on the 9th September, 1995. 2. In the Gujarat Legislative Assembly Members (Removal of Guj . 1 Disqualifications) Act, 1960 (hereinafter referred to as " the principal Act " ), in
Amendment of 196uj . 1 of 1960. the Schedule , after entry 30, the following entry shall be added, namely :--- "31. The office of Chairman or Director of Sardar Sarovar Narmada Nigam Limited. " .
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GUJARAT GOVERNMENT GAZETTE, EX. , 3-2-1996
[ PART V
Repeal and savings .
3. (1) The Gujarat Legislative Assembly Members (Removal of Disqualifications ) (Amendment) (Second) Ordinance, 1995 is hereby repealed .
8 : 7 1995. of (2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act as amended by this Act .
STATEMENT OF OBJECTS AND REASONS
Sardar Sarovar Narmada Nigam Limited requires able hands experienced in the fields of trade , commerce, industry , finance , management of public life to man it efficiently. This is particularly so with regard to this company which deals directly with the implementation of the Sardar Sarovar Project which is crucial for the economic growth of the State of Gujarat . Sometimes , some members of the Gujarat Legislative Assembly are found suitable for the purpose but on account of the provision of disqualification in clause (1) of article 191 of the Constitution of India, a doubt arises whether acceptance of the post of a Chairman or Director of such company by a member of the Gujarat Legislative Assembly would disqualify him on the ground of holding an office of profit under the Government . It was , therefore , considered necessary to remove the disqualification that might be incurred by such member on being appointed as Chairman or Director of the aforesaid company by adding entry 31 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act , 1960. As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Legislative Assembly Members (Removal of Disqualifications) (Amendment) Ordinance , 1995 was promulgated on the 9th September , 1995 to achieve the aforesaid object .
The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was summoned to meet on the 7th October , 1995 and prorogued on the same day . Therefore , the said Ordinance could not be replaced by an Act of State Legislature in that session . By virtue of sub - clause (a) of clause (2) of article 213 of the Constitution of India , the said Ordinance would have ceased to operate after the 17th November , 1995, the date on which the period of six weeks from the date of reassembly of the Gujarat Legislative Assembly expires . It was expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly was not in session, the Gujarat Legislative Assembly Members (Removal of Disqualifications) (Amendment) (Second) Ordinance , 1995 was promulgated to achieve the aforesaid object . This Bill seeks to replace the said second Ordinance by an Act of the State Legislature .
BHUPENDRASINH CHUDASAMA .
Dated the 1st February , 1996 .
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat ,
Legislative and Parliamentary Affairs Department ,
Gandhinagar , dated the 3rd February , 1996 .
Government Central Press , Gandhinagar
INDEX REGISTERED NO. G/GNR /2.
Extra. No. 3
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ]
SATURDAY, FEBRUARY 3 , 1996 / MAGHA 14, 1917
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Billa introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE BOMBAY COURT - FEES (GUJARAT AMENDMENT) AMENDING
BILL, 1996 .
GUJARAT BILL NO . 3 OF 1996 .
ABILL
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 :-
1. (1) This Act may be called the Bombay Court- fees (Gujarat Amendment) Amending Short title and Act, 1996 .
com- mence- ment.
(2) It shall be deemed to have come into force on the 28th August, 1995.
Gul19952 of 1995.
Notification Rescission of dated 3rd August, 1995 revival of provisions of Act:
xx B 1959.
2.TheGovernment Notification in the Legal Department No. GK/ 19/ 95/CFA/ 1002 /1205 /I dated the 3rd August, 1995 issued under sub-section (2) of section 1 of the Bombay Court - fees (Gujarat Amendment) Act , 1995 (hereinafter referred to as " the amending Act ") shall be and shall be deemed always to have been rescinded and on such rescission, the express insertion and substitution made in the Bombay Court - fees Act, 1959 (hereinafter referred to as " the principal Act " ) by the amending Act shall cease to have effect and the provisions 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 .
3. In the amending Act , in section 1, for sub- section (2), the following sub- section shall be substituted , namely :-
Amend- mentof section 1ofGuj . 12 of 1995.
"(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette , appoint ." .
3-1
INDEX GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 3-2-1996
3-2 ]
[ PART V
Repeal savings. and
Ora . 5 of 1995.
4. (1) The Bombay Court- fees (Gujarat Amendment) Amending ( Second) Ordinance , Gud 1995 is hereby repealed .
(2)Notwithstanding such repeal , anything done or any action taken under the saidOrdinance shall be deemedto have been done or taken under the provisions of this Act .
STATEMENT OF OBJECTS AND REASONS
:
Inthe larger public interest and in view of exigencies , it was considered necessary to suspend the operation of the amendments made in the Bombay Court- fees Act, 1959 by the Bombay Court- fees (Gujarat Amendment) Act , 1995 and to revive the relevant provisions of the principal Act existing immediately before such amendments . For that purpose , it was considered neces- sary to amend the said amending Act . As the Gujarat Legislative Assembly was not in session at that time, the Bombay Court- fees (Gujarat Amendment) Amending Ordinance, 1995 was promulgated on the 28th August, 1995 to achieve the aforesaid object .
The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was summoned to meet on the 7th October, 1995 and prorogued on the same day . Therefore , the said Ordinance could 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 have ceased to operate after the 17th November, 1995, the date on which the period of six weeks from the date of reassembly of the Gujarat Legislative Assembly expires . Itwas expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly was not in session, the Bombay Court- fees (Gujarat Amendment) Amending (Second) Ordinance , 1995 was promulgated to achieve the aforesaid object. This Bill seeks to replace the said second Ordinance by an Act of the State Legislature .
VINENDRASINH ZALA .
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves delegation of legislative power in the following respect :-
Clause 3. Sub-section (2) of section 1 of the amending Act proposed to be substituted by this clause empowers the State Government to appoint, by notification in the Official Gazette , the date on which the amending Act shall come into force .
The delegation of legislative power as aforesaid is necessary and is of a normal character.
VINENDRASINH ZALA .
Dated the 2nd February , 1996 .
By order and in the name of the Governor of Gujarat,
KUM . H. K. JHAVERI,
Secretaryto the Government of Gujarat,
Legislative and Parliamentary Affairs Department .
Gandhinagar , dated the 3rd February , 1996 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX 1
REGISTERED NO. G/GNR/2.
Extra No. 4
15
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , FEBRUARY 13 , 1996 /MAGHA 24, 1917
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
letroduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS (REMOVAL OF DISQUALIFICATIONS) (SECOND AMENDMENT) BILL, 1996.
GUJARAT BILL NO . 4 OF 1996 .
ABILL
further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications)
Act, 1960.
Itishereby enacted in the Forty- seventh Year of the Republic of India as follows:-
1. This Act may be called the Gujarat Legislative Assembly Members (Removal of Shorttitle . Disqualifications ) (Second Amendment ) Act , 1996.
Guj . 1 of 1960.
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 . " .
V-Ex. - 4-1
4-1
INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 13-2-1996
4-2 ] .
STATEMENT OF OBJECTS AND REASONS
The Gujarat State Forest Development Corporation Limited requires able hands ex- perienced 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 a 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 State Forest Development Corporation Limited by adding entry 32 in the Schedule to the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Act , 1960.
This Bill seeks to amend the Schedule to the said Act to achieve the aforesaid object .
BHUPENDRASINH CHUDASAMA .
Dated the 13th February , 1996 .
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 13th February , 1996 .
Government Central Press , Gandhinagar
INDEX REGISTERED NO. G/GNR/2 Extra No. 5
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સ્વ- ગવ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY FEBRUARY 15 , 1996 /MAGHA 26, 1917
Vol . XXXVII]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART V
Bill Introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 15th February 1996 by Shri Virjibhai Thumar M. L. A. is published ur der rule 127- A of the Gujarat Legislative Assembly Rules for general information :---
Gujarat Bill No. 5 of 1996.
THE GUJARAT CO - OPERATIVE SOCIETIES ( AMENDMENT ) BILL , 1995 .
A, BILL
further to amend the Gujarat Co - operative Societies Act , 1961 .
It is hereby enacted in the Forty sixth Year of the Republic of India as folllws:
1. (1 ) This Act may be called the Gujarat Co -operative Societies (Amendment) Act, 1995.
Short title and comme ncement.
(2).It shall come into force on such date as the State Government may, by notifcation in the Official Gazette , appoint .
Guj . X of 1962.
2. In the Gujarat Co- operative Societies Act , 1961 (hereinafter referred to as "the principal Act" ) section 74-D shall be deleted.
Deleti on of secti on 74D of Gaj: X of 1962
3. In the principal Act , in section 80-
(1) after sub- section (1), the following proviso shall be inserted, namely :-
Amend- ment of se ction 80 of Guj . Xof 1962. * "Provided that the members nominated by the State Government under this section shall not have right to vote in the meeting of a Committee and shall not contest any office under the Society. "
(2) sub- section (2) shall be deleted:
4. In the principal Act , in section 80A,
(1). in sub- section ( 1) , clause (6) shall be deleted ;
(2) sub-sections (2) and (3) shall be deleted.. 5-1
Amend- ment of section 80A ofGuj . X of1962...
V- Ex. ,-5-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX; 15-2-1996
STATEMENT OF OBJECTS AND REASONS
It has been observed that the power to appoint custodian under section 74D , is misused by the Registrar and it results into undue interference by the State Govern- ment in the affairs of an autonomous body, which is very against the basic principles of co -operation . Therefore , an amendment is proposed to delete that section.
X As per the provision of sub - section (7 ) of section 28, nominal or sympathiser members have no right to vote . They are also not entitled to be a member of any Committee . Similar provision is also felt necessary in case of members ar represen- tatives nominated by the Registrar or the State Government under sub -section (1) of section 80. Therefore , an amendment is proposed by inserting a proviso to section 80.
Moreover, power to appoint Government nominee on the Committee of a Societies is justified only in the cases of societies where the State Government has subscribed to the share capital of that society or has guaranteed repayment of any loans or any sort- or securities . However, in cases of societies , where the State Government has neither subscribed to the share capital nor guaranteed repayment of any loans or securities,. power to nominato representatives under sub- section (2) of section 80 on the committee of such societies is alsc seen misused by the State Government for achieving political against which ultimately results into emergence of vested interest in the management of autonomousmous societies . In order to re - establish autonomy in the working of co-operative Societies , an amendment is proposed to delete sub- section (2) of section 80.
Hence this Bill
Gandhinagar.
Dated the 4th July, 1995 .
VIRJIBHAI THUMAR Μ.L.A."
Gandhinagar,
Dated the 15th February, 1996 .
V. H. DAVE ,
Secretary,
Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDINAGAR
INDEX REGISTERED NO. G/GNR/2 Extra No. 6
C
सरथमेव जयती
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, FEBRUARY 15 , 1996/MAGHA 26 , 1917
Vol . XXXVII ]
Separate paging is given to this Part in order that it maybe filed as a separate compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 15th February 1996 by Shri Mahendra Mashru , M. L. A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information:--
"GUJARAT BILL NO. 6. OF 1996
THE GUJARAT DECLARATION OF ASSETS OF THE MEMBERS OF THE GUJARAT LEGISLATIVE ASSEMBLY BILL, 1995.
A BILL
to provide for the declaration of Assets of Members of Gujarat Legislative Assembly and certain other matters connected therewith.
WHEREAS , it is expendient to provide for the declaration of Assets of the Mem- bers of the Gujarat Legislative Assembly and certain other matters as hereinafter appearing.
Itis hereby enacted in the Forty-Sixth Year of the Republic of India as follows:-
title and 1. (1 ) . This Act may be called the Gujarat Declaration of Assets of the Members. of the Gujarat Legislative Assembly Act, 1995.
(2) It shall come into force at once.
2. In this Act , unless there is anything repugnant in the subject or context,
Definti- だ 。 (a) "Assembly " means the Legislative Assembly of the State of Gujarat.
(b) "Member" means a member of the Assembly and includes the Chief Minister, Deputy Chief Minister, Minister , Minister of State, Deputy Minister, Parliamentary Secretary and Deputy Speaker but does not include Speaker.
V-Extra 6-1
INDEX 6-2
[PAKTV GUJARAT GOVERNMENT GAZETTE , EX; 15-2-1996
(c) "Member of his family" means husband, wife, minor son, major sonwho is residing with the member, daughter-in-law who is residing with him, unmarried. daughter, married daughter who is staying with him, son-in -law who is staying with him and father, mother, sister , brother or cousin who is staying with the member.
(d) "prescribed" preans prescribed by rules .
(e) "property" means and includes any property situate in India or abroad, both movable and immovable .
Explanation ( 1). The expression "movable property" includes
(a) jwellery; insurance policies, shares, securities and debentures,
(b) deposits in banks or with private firms or individuals , :
(c) loans advanced whether secured or not;
(d) motor cars, motor cycles ;
(e) refrigerators, radio -sets and. rediograms ;
(f) any permit or licence issued by or under the authorityof the State or Central Government or any Corporation for the conduct of any business.involving production or distribution or sale or agency of any commodity and transport of goods or passengers ; and
(g),cash on hand.
Explanation ( 2) . The expression " immovable property" means and includes
(a) buildings , lands, gardens ; and
(6) permanent fixtures like machineries .
(f) Secretary " means the Secretary to the Assembly and includes any person for the time being performing the duties of the Secretary.
(g) " Speaker" means the Speaker of the Assembly.
Returns
3. (1) Evory Member shall, on his election to the Assembly and thereafter at the intervals of every twelve months ending with the third year after ceasing to be a Member, submit to the Speaker of the Assembly a return in such form as may be prescribed by the State Government showing all property owned, acquired or inheri- ted by him or held by him on lease or mortgage either in his own name or in the name of any Member of his family or in the name of any other person together with details of the means by which or the sources from which such property was acquired.
(2) The return shall be submitted within such time as may be prescribed.
4. If any momber wilfully fails to furnish a return under this Act, within the time prescribed, he shall be punishable with imprisonment of either description which shall extend to two years .
Penalty for not furnish- ing return .
XIV of 1860 .
Penalty . for fur nishing :
5. The return submitted by the Member shall be certified by him to be correct and if the Member has furnished a return which he knows or has reason to believe to be false, he shall be punishable under the provisions of section 193 of Indian Penal Codes
INDEX 6-3
GUJARAT GOVERNMENT GAZETTE , EX; 15-2-1996
PART V]
6. The returns submitted by the Members shall be placed on the Table of the Assembly.
Placing of re- turns'on the Table of the House
Returns to be publie documents.
7. The returns submitted by the Members under section 3 shall be a public docu- ment and copies of the returns may be issued by the Secretary under the authority of the Speaker to any person applying for the same on such conditions as may be pre- scribed .
:
Cognizance of offence.
8. No court inferior to that of a District Court shall try an offence under this Aot.
Power to make rules .
9. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication make rules to carry out the purposes -of this Act .
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of return and the manner, and time of submission of the same;
(b) the manner of obtaining copies of the return; and
(c) the mode of prosecution of the offenders under the Act .
(3) Every rule made under this section shall be laid, as soonas, may be after it is made before the Legislative Assembly while it is in session for a total period of thirty days. which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately follo- wing, the Legislative Assembly agree in making any modification in the rüle or the Legislative Assembly agree that the rule should not be made and notify such deci- sion in the Official Gazette , the rule shall from the date of publication of such notifi- cation have effect only in such modified form or be of no effect as the case may be, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
STATEMENT OF OBJECTS AND REASONS
The members of the Legislature who are representatives of the people in the State should not allow suspicion to be created that they are indulging in corrupt practices, misusing their offices, and multiplying their assets . It is felt necessary that the mem- bers should prove themselves that they hold office as a member for the betterment of the toiling masses and not for their personal benefit. So as to achieve this object; almost all the political parties have accepted that members of the Legislature should declare their assets; such declaration must be made to the Speaker and same must be a public document so that copy of the . same can be obtained by any person. Such retruns should also be placed on the Table of the Assembly. There is a convention that members of the Cabinet should declare their assets to the Chief Minister, but this provision is not sta- tutoryand the returns filed by Minister are not public documents . Moreover , there is nothing about the return to be filed by Chief Minister.
The Bill is a step towards clearing of the public life in the State.
MAHENDRA MASHRU, Gandhinagar . Dated the 1st August ; 1995 .
M.L.A.
INDEX [PART V 6-4
GUJARAT GOVERNMENT GAZETTE , EX; 15-2-1996
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves proposals for the delegation of Legislative powers as follows :-
Clause 3. This clause empowers the State Government to prescribe the form of the return to be submitted by the member and the time within which it should be submitted .
X Clause 7. Under this clause State Government is empowered to prescribe condi- tions for the issue of the copies of the returns of the assets of the member to the applicants .
Clause 9. Under this clause State Government is empowered to make rules for carrying out all or any of the purposes of this Act .
These proposals for delegation of Legislative powers are of normal character.
MAHENDRA, MASHRU , M.L.A.
Gandhinagar, Dated the 1st August, 1995 .
Gandhinagar, Dated the 15th February, 1996 .
V. H. DAVE ,
Secretary, Gujarat Legislative Assembly .
સરકારી મધ્યસ્થ પ્રેસ, ગાંધીનગર.
INDEX REGISTERED NO.GNR /2/ Extra No. 7
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISKED BY AUTHORITY
THURSDAY, FEBRUARY 15, 1996 /MAGHA 26, 1917
Vol . XXXVII )'
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
مک
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 15th February , 1996 by Shri Dhirubhai Bhil , M. L. A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information:-
"GUJARAT BILL NO . 7 OF 1996 .
THE BOMBAY PROHIBITION ( GUJARAT AMENDMENT) BILL , 1996 .
A BILL
further to amend the Bombay Prohibition Act, 1949.
It is hereby enacted in the Forty- sixth Year of the Republic of India as follows: -
1. (1) This Act may be called the Bombay Prohibition (Gujarat Amendment) Act, 1996.
Short title and commen- cement.
(2) It shall come into force at once.
2. In the Bombay Prohibition Act , 1949 (hereinafter referred to as "the princi- pal Act" ), in section 60, in sub -section (2), after second proviso , the following new proviso shall be inserted, namely:-
Bom. of 1949.
7-1
Amend- ment of Section 60 of Bom. XXV of1949 .
V-Ex.- 7-1
INDEX [PART V 7-2
GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-96
"Provided also that no licence , permit or pass shall be necessary for the collection, transport , purchase or possession of any quantity of Mhowra flowers by any household or head of household on his behalf or on behalf of the mem- bers of his household if the Mhowra flowers are to be used for household purposes ".
3. In the principal Act , in section 109 , after sub -section ( 1) the following pro- viso shall be inserted , namely:-
X "Provided that nothing in this section shall apply to any, household or head of household on his behalf or on behalf of the members of his household, if toddy producing trees are tapped for household purposes ."
Amend- ment of Section 109 of Bom. XXV of 1949.
STATEMENT OF OBJECTS AND REASONS .
(2
Section 60 of the Bombay Prohibition Act , 1949 provides for prohibition ofexport or import of Mhowra flowers . Sub -section (2) provides for control and regulation of transport , sale, etc. of Mhowra flowers .
Restrictions imposed by the said section created hardships for the household living in rural areas and particularly in Tribal areas. As most of the illiterate people of the rural areas and particularly in tribal areas become victim of section 60 by the authorities.. They do not know the detailed provisions of the Act . Mhowra Flower is a medicinal plant and it is used for the medical purposes traditionally, since long.
In rural areas and tribal areas people use Mhowra flowers for edible purpose as the same provides nutrition of high qualities and is a substitute for costly tonics.
X In view of that , it is necessary to liberalise the provisions of the Act so as to exempt the household or head of household on his behalf or on behalf of the members of his household from the restrictions imposed by section 60 .
Section 109. of the Act provides for duty on tapping of toddy trees. In rural areas and particularly in tribal areas people drink NIRA made from toddy trees. Restrictions imposed by the said section has created the hardships for the people living in rural and tribal areas. They do not know the law of prprohibition in details and become victim many times .
Also the NIRA (as traditionally known 'morning juice' of the toddy tree) is consumed as a tonic for the poor rural people and children, many people grow toddy for the said purpose.
Also the toddy tree is a beautiful long tree, tapping of toddy trees will boost the tree plantation and will help the rural areas development .. This Bill seeks to achieve the aforesaid objects .
Gandhinagar,
Dated the 4th January , 1996 .
DHIRUBHAI BHIL , M.L.A. "
Gandhinagar,
Dated the 15th February 1996 .
V. H. DAVE,
Secretary
Gujarat Legislative Assemblys
GOVERNMENT. CENTRAL PRESS, GANDHINAGAR
INDEX Extra No.8
REGISTERED NO. G/GNR/2
©
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. XXXVII] THURSDAY, FEBRUARY 15 , 1996/MAGHA 26, 1917
Separate paging is given to this Part in order that it maybe filed as a separate compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 15th February, 1996 by Shri Usmangani Devadiwala , M. L. A. is published under Rule 127 -A of the Gujarat, Legislative Assemlly Rules for general information :-
GUJARAT BILL NO. 8 OF 1996.
THE GUJARAT BURIAL GROUNDS PRESERVATION AND MAINTENANCE
BILL, 1996.
A BILL
to provide for the preservation and maintenance of certain burial grounds in the State of Gujarat .
It is hereby enacted in the Forty- Sixth Year of the Republic of India as follows: --
Short 1. (1) This Act maybe called the. Gujarat Burial Grounds Preservation and Maintenance Act , 1996 .
(2) It extends to the whole of the State of Gujarat .
title, ex- tent and commen- cement .
(3) It shall come into force at once .
8--1
V--Ex . 8--1
INDEX [PART V 8-2
GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-96
Defini- tion.
Bom. 5 of 2. In this Act , unless the context otherwise requires , " burial ground " means Kabra- stan, cemetery or such other land set apart under section 38 of the Bombay Land Revenue Code , 1879 as a burial ground for any community or for children and not managed by any public trust registered under the Bombay Public Trusts Act , 19501879.1 or by a wakf registered under the Wakf Act, 1954 .
Bom. 29 of 1950.
Act No. 29 of1954. X
3. (1 ) There shall be a Committee to look after preservation and maintenance of eachburial ground .
Committee for each burial ground.
(2) The Committee shall consist of a Chairman and not more than five other mem- bers nominated by the Collector from amongst the persons who ordinarily réside at the place where the burial ground is situated:
Provided that in case of a burial ground set apart for a particular community, the persons belonging to that community shall only be nominated as members of the Committee.
(3) The term of office of the Chairman and the members of the Committee shall be two years from the date of such nomination.
(4) The procedure of the Committee shall be such as may be prescribed .
4. The functions of the Committee shall be
Junctions of the Committee, (1) to see that the person entitled to the use of the burial ground is allowed to use such ground without any hinderance.
(2) to prevent misuse or sale of the burial ground by any person ;
(3 ) to fence the burial ground by barbed wire or any other material;
(4) to provide for adequate supply of water in the burial ground;
(5) to provide for growing of flowers and trees , in the burial ground;
(6) to do such other things as may be necessary for the smooth and efficient management of burial ground.
5. The Committee may accept donations and collect funds for the purpose of pre- servation and maintenance of the burial ground.
Funds of Committee .
Accounts.
6. The accounts of the Committee shall be maintained in such form and shall be audited by such agency as may be prescribed.
Bom. 5 of 1979 .
7. Notwithstanding anything contained in the Bombay Land Revenue Code, 1879 orany other law for the time being in force , it shall not be necessary for the Commi- ttee to obtain any permission of the State Government or any local authority for doing anything within the limits of the burial ground for carrying out the purposes ofthis Act .
Permi- ssion not necessary in cer- tain matters .
Laibility of mem- ber of Commi-- ttee.
8. (1) On a complaint received from any person against any member of the Co- mmittee or on his own motion, the Collector or any officer authorised by him in this behalf in writing, may inquire into anyany misappropriation of the fund of the Commi- ttee and if he is satisfied that any member of the Committee is responsible for mis- appropriation of the fund of the Committee he may, by order in writing direct such member to pay to the Committee before a fixed date , the amount misappropriated by him.
INDEX 8-3 PART VI
GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-95 .
(2) If the amount misappropriated is not paid by him within the time fixed, it shall be recovered as an arrears of Land Revenue and credited to the fund of the Committee .
(3) Any person aggrived by the decision of the Collector or any officer so autho- rised may, within thirty days from the date of such decision , appeal to the District Court for redressal of his grievances and that Court after takirg such eveidence as it hinks necessary may , confirm , modify or set aside the order passed by the Collector or any officer authorised by him and make such order as it deems fit .
9. (1) The State Government may, by an officer authorised in this behalf, cause to investigate and ascertain the facts as to whether any burial ground which was not notified and used as such by any community at the commencement of the Con- stitution gof India or thereafter.
Investi- gation. into for mer burial grounds, removal of occu- pants and encroa- chment thereon .
(2) If the investigation of an officer authorised under sub -section (1) reveals that any burrial ground which was used at the commencement of the Constitution of India or thereafter has been occupied by any person and used for purposes other than the burial purpose or has been converted into any land or building, then it shall be law- ful for the State Government to summarily evict its occupant therefrom , remove en- croachment thereon and cause to notify it to be a burial ground and hand over its possession to any of the committees referred to in section 3 for resumption of its üse as a burial ground .
10. Any person, who-
Punish ment. :
(a) has misused a burial ground, or
(b) has occupied the burial ground and used for any purpose other than a burial ground, and
(c) has converted a burial ground into a land oror a building,
shall, on conviction, be punished with an imprisonment for a term not exceeding five years and with a fine not exceeding Rs . 5000/ --.
11. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act .
Power to make rules.
(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature , as soon as possible after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following. -
(3) Any modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
STATEMENT OF OBJECTS AND REASONS
Ordinarily in every village , town or city in the State of Gujarat , there are burial grounds for different communities . Some of them are under trusts or wakis but usua- lly they are under Government or Panchayats or Municipalities . The lands under the Panchayats or Government , are many times used for the purposes other than burying the dead causing bitterness among the religious minorities such as Muslims , Christiana etc. It is therefore, necessary to crsomegtya to e eean look after the burial grounds .
INDEX
TE 8-4
[PART V
EX . , 15-2-96
GUJARAT GOVERNMENT GAZETTE ,
It is therefore , neccssary that there should be some agency to look after such burial grounds which are not looked after by any agency. It is also necessary that certain facilities such as fencing, adequate supply of water, growing of flowers and trees ect . are provided in such burial grounds .
X Statutory Committee consisting of a Chairman nominated by the Collector from amongst the persons belonging to the community for which the burial ground is set apart would be the proper agency to look after each burial ground . This Bill seeks to provide for nomination, of such a Committee for each burial ground with necessary. provisions for its functions , power to collect funds , maintenance of accounts etc.
Certain burial grounds which were not notified and used as burial grounds some years ago have been occupied and converted into lands or buildings and requires to be investigated and its unauthorised occupation also requires to be evicted so as to re- store such grounds for the use as a burial ground.
: Gandhinagar,
Dated the 1st January , 1996. :
USMANGANI DEVADIWALA, M.L.A.
MEMORANDUM REGARDING DELEGATED LEGISLATION
The following provisions of the Bill provide for delegation of powers of legislative nature, namely:-
Clause 3. Sub-clause (5 ) of this clause empowers the State Government to pres- cribe procedue of the Committee .
Clause 4. Sub-clause (6) of this clause empowers the State Government to pres. cribe functions for the Committee other than those specified in sub-clauses (1 ) to (5) of clause 4 .
Clause 6. This clause empowers the State Government to prescribe form in which the accounts of the Committee shall be maintained and to prescribe the agency for auditing the accounts of the committee .
Clause 11. This clause empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of powers as aforesaid is necessary and is of a normal character .
Gandhinagar,
USMANGANI DEVADIWALA,
M. L. A. "
Dated the 1st January , 1996 .
V. H. DAVE , Secretary,
Gujarat Legislative Assembly, Gandhinagar,
Dated the 15th February, 1996.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX Extra No. 9
REGISTERED NO.GNR/2/
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY-
Vol. XXXVII] THURSDAY, FEBRUARY 15, 1996/ MAGHA 26, 1917
Separate paging is given to this Part in order that may be fled as a Separate Compilation
PART V
Bills introduced in the Gujarat Lezilative Assembly.
The following Bill which was introduced on the 10th February, 1996 by thri Usmangani Devadiwala , M. L. A. is published under vale 197-1 of the Gujam Legislative Assembly Rules for general information
" GUJARAT BILL NO. 9 OF 1996.
THE GUJARAT WELFARE AND FROTECTION OF MINORITIES BILL, 1906
A BILL
to providefor the welfare and protection of life and properties of minority communities in the State of Gujarat and for matters connected therewith .
0 It is hereby enacted in the Forty- Sixth Year of the Republic of India as follows:----
1. (1) This Act may be called the Gujarat Welfare and Protection of Minorities Act,1996.
(2) It extends to the whole of the State of Gujarat.
Short title, extent and commencer ment .
(3) It shall come into force at once .
2. In this Act, unless the context otherwise requires ,-
Definitions.
(a) 'Board' means the Gujarat Minority Welfare Board , constituted under section 6.
(6) 'Minority Community' means a group of persons belonging to a community based on religion other than Hindus .
(c) 'Prescribed' means prescribed by rules made under this Act .
9-1
V-Ext . ,-9-1
INDEX [PART -V GUJARAT GOVERNMENT GAZETTE , EX. , 15-2-96
9-2
3. The State Government shall take special care to protect the life and properties of minority community from any attack or assault thereon and for this purpose, the State Government may arrange for special squads of police .
Special care to protect minorities .
4. (1) It shall be the paramount duty of the District Magistrate to maintain co- mmunal harmony and to keep a careful watch and vigilance over the communal atmos- phere in his district .
Responsi- bility for communal disturbance
(2) The District Magistrate shall be responsible for any communal disturbance in his District and shall be liable for summary suspension during the pendency of the investigation about his vigilance .
Offence and penal- ties therefore.
5. (1 ) Any attack or assault on the life or properties of the minority community shall be a cognizable offence under this Act and shall be tried in the Court of the Magistrate not inferior to the Judicial Magistrate of First Class and any person direc tly or indirectly involved therein shall, on conviction, be punished with imprisonment for the term of not less than seven years .
(2) Any person or institution belonging to the minority community may lodge & complaint for any offence under this Act .
Minority Welfare Doard.
6. ( 1) The State Government shall constitute a Board to be called the Gujarat Minority Welfare Board consisting of not more than 15 members for the welfare of minority communities , out of which two third members shall be persons belonging to the minority communities.
(2) The Chairman of the Board shall be a person belonging to the minority community.
7. The term and conditions of the service of the members of the Board and hono- rarium and allowances to be paid to them shall be such as may be prescribed .
Terms and conditions of service of mem- Ders.
8. The Board may appoint such officers and servants as 'it' considers, necessary for the efficient performance of its functions .
Appoint- ment of officers and ser- vants.
9. The functions of the Board shall be-
Functions ofBoard,
(i) to look into the educational, cultural , social , economic alround development and welfare of the minority communities in the State and to suggest to the State Government the ways and means therefor
(ii) to suggest ways and means for promotion and development of Urdu and orhex languages ofof thethe minorityn communities ;
(iii) to discharge such other functions as may be prescribed.
10. The Board may, with the previous sanction of the State Government, make rules for transaction of business and for internal working of its meetings .
Power to make rules for trans- actionof business.
11. (1) The State Government may, make rules for carrying out the purposes of this Act.
Power to make Rules.
INDEX 9-3 GUJARAT GOVERNMENT GAZETTE , EX. , 15-2-96
PART-V]
(2) All rules made under this Act , shall be published in the Official Gazette and unless they all are expressed to come into force on a particular day, shall come into force on the day on which they are so published .
(3) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the Legislature , or to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be pub- lished in the Official Gazette and shall thereupon take effect .
STATEMENT OF OBJECTS AND REASONS
The lives and properties of persons belonging to the Minority communities deserve to be protected meticulously. India is a secular State and hence all communities are equal. In communal disturbances and riots the minority communities have generally to suffer. The District authorities in most of the bases are aware of the communal tension pre- vailing. They however, do not take prompt preventive measures , which result into heavy loss of lives and properties of the minorities . The summary action is, there- fore, proposed against the District Magistrate who is responsible for maintaining law and orderorder situation in the District .
The Government of a secular State should also look into the development and welfare activities of minority communities and constitution of a Board for the purpose is. therefore proposed.
The Bill seeks to achieve the aforesaid objects.
USMANGANI DEVADIWALA, M.L.A.
Dated the 12th December , 1995 .
FINANCIAL MEMORANDUM
For the implementation of the provisions of the Bill and for its efficient function- ing, a financial provision for a recurring expenditure ofRs. 25 lacs is estimated from the Consolidated Fund of the State.
Dated the 12th December, 1995 .
USMANGANI DEVADIWALA, M.L.A.
'MEMORANDUM REGARDING DELEGATED LEGISLATION
*Clause 7 empowers the State Government to prescribe the term and conditions of services of the members of the Board, and honorarium and allowances to be paid to them..
Clause 9(iv) empowers the State Government to prescribe functions of the Minority Welfare Board other than those prescribed in clause 9 .
Clause 11 empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of Legislative powers is essential and is of normal character .
Dated the 12th December, 1995 .
USMANGANI DEVADIWALA, " M.L.A.
V. H. DAVE,
Gandhinagar,
Secretary,
Dated the 15th February, 1996 .
Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX REGISTERED NO. G/GNR/2 Extra No. 10
elisa-
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, FEBRUARY 15, 1996/MAGHA 26, 1917
Vol. XXXVII]
Separate paging is given to this Part in order that it may be filed as a separate complilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 15th February 1996 by Shri Lavingji Solanki , M. L. A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information : --
" GUJARAT BILL NO . 10 OF 1996 ,
THE GUJARAT PROHIBITION OF ACCEPTING DONATIONS FOR ADMISSION TO EDUCATIONAL INSTITUTIONS BILL , 1996 .
A BILL
to provide for prohibition of accepting donations or premium for giving admission to students in any educational institution in the State.
WHEREAS, it is expedient to provide for prohibition of accepting donations or premium for giving admission to students in educational institutions in the State.
It is hereby enacted in the Forty- Sixth Year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat Prohibition of Accepting Donations For Admission to Educational Institutions Act , 1996.
Short title, extent and commenc ment.
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint .
10-1.
V-Ex -10-1
INDEX 10-2
GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-1996
[PART V
2. (1) No person shall without the permission of the State Government , either by himself or through any other person accept any donation or premium or interest -free loan or any amount in cash or kind by way of consideration for granting admission to students to any class , standard or any course in any educational institution recogni- sed by any local body or the State Government or any University in the State .
Prohibition of accept-ept- ing donat- ions for granting admission to Educat- ional insti- tutions.
(2) Contravention of the provisions contained in sub -section (1) shall constitute a cognizable and non - compoundable offerice and the person concerned shall, on convic- tion, be punishable with imprisonment for not less than years and with fine which shall not be less than the amount of donation or premium and in the case of a gift in kind, the value thereof.
STATEMENT OF OBJECTS AND REASONS .
There is a growing tendency in the Educational institutions in the State to de- mand donations or premium in the nature of capitation fee or interest free loan for giving admission to students in such institutions . The capitation fee that is deman- ded now- a-days for admission ranges from Rs . 1000 for admission to schools to Rs . 50,000 or more for admission to Engineering and Medical Colleges . As a result of this, poor students whose parents are incapable of paying such exhorbitant capitation fee are unable to get admission to the institutions even though they are otherwise eligible on merit to get admission. It is , therefore , considered necessary to prohibi ; acceptance of such capitation fee and to make such acceptance a cognizable and a compoundable offence .
The Bill seeks to achieve the above object .
Dated the 2nd January , 1996.
LAVINGJI SOLANKI ,
M.L.A.
MEMORANDUM REGARDING DELEGATED DEGISLATION.
The Bill involves the following proposal for delegation of Legislative power:-
Clause 1(3) .- This clause provides that the Act shall come into force on such date as the State. Government may, by notification in the Official Gazette , appoint .
The aforesaid delegation is of a normal character.
Dated the 2nd January, 1996 .
LAVINGJI SOLANKI, M.L.A.
:
Gandhinagar,
V. H. DAVE,
Dated the 15th February , 1996,
Secretary, Gujarat Legislative Assembly,
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX Extra No. 11
REGISTERED NO. G/GNR/ 2
C
11444 198
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII] THURSDAY FEBRUARY 15 , 1996/ MAGHA 26, 1917
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART V
Bill Introduced in the Gujarat Legislative Assembly.
The following Bill. which was introduced on the 15th February , 1996 by Shri Mulrajsinh Parmar . M. L. A. is published under rule 127 -A Of the Gujarat Legislative Assembly Rules for general information:---
" GUJARAT BILL NO . 11 OF 1906:
THE GUJARAT PREVENTION OF SOCIAL DISABILITIES BILL, 1996.
A BILL
to prevent the imposition of Social disabilities by a member or " members of a community. on a member or members of his or their own community ; to provide for penalties for such an act or acts and for matters connected therewith .
WHEREAS it has come to the notice that the practice of imposing social disa- bilities prevails in certain communities , which amongst other things deprives their members of the rights and privileges to which they are entitled by reason. of birth or otherwise and which results flagrant violation of their fundamental rights as citizens ofthis country;
AND WHEREAS in keeping with the spirit of social change and democratio set up ofof our country and in the larger public interest, it is expedient to prevent the sition of such social disabilities and to provide penalties for such an act or acts and the impo- for matters connected therewith ;
It is hereby enacted in the Forty- sixth year of the Republic of India as follows :-
1. (1) This Act may be called the Gujarat prevention of Social Disabilities Act , 1996 .
Ex,V -11-1
Short title, extent and ment.
INDEX [PART V 11-2
GUJARAT GOVERNMENT GAZETTE , EX . , 15-2-96
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force at once .
2. In this Act , unless the context otherwise requires,-
Defini- tions .
(a) "community" means a group of members who are corrected together by birth, conversion or performance of religious rites or ceremonies or who belong to the same religion or religious creed and includes a caste or sub- caste;
(b) "member" means a person whether male or female, who is a member of any community;
(c) "police officer" means any member of the Police Force appointed or deemed to be appointed as such under the Bombay Police Act , 1951 .
Bom. XXII of 1951 .
3. Any member who commits any of the following act or acts shall be deemed tohave imposed social disability on a member of his community-
Imposi tion of social disabi- lities.
(a) if he denies, prevents or obstructs or causes to deny, prevent or obstruct any member of his own community from having access to or from using any place of worship or prayers or any place intended to be used for performing any religious ceremony or rite, prevelant or practised in his community;
(b) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from having access to or from using any place which is esta- blished or maintained wholly or partly by his own community for use or intended to be used for a charitable , religious or public purpose and which is normally available for use or intended to be used by any member of his own community;
(c) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from enjoying any benefit under a Charitable Trust or a Wakf created for the benefit of his community;.
(d) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from having access to or using the facilities of any school, educational institution , medical institution, community hall, club hall , cemetary , burial ground or any other place used by or intended to be used for the benefit of his community;
(e) if he prevents or obstructs or causes to prevent or obstruct any member of his community from observing any social or religious custom or usage or ceremony or from taking a part in a social or religious function, congregation, assembly, meeting or procession ;
(f) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from establishing or maintaining such social , professional or business relations as he would ordinarily establish or maintain with other members of his community;
(g) if he incites , provokes or encourages any member of his community, directly or indirectly to sever social religious , professional or business relations with any other member or members of his community,
(h) if he refuses or denies or causes to refuse or deny to any member of his community the right to perform such marrigae , funeral or other religious cere- monies and rites as the member of his own community usually and ordinarily per- fоrm
INDEX 11-3 GUJARAT GOVERNMENT GAZETTE , EX ; 15-2-1996
PART VI
(i) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from entering , lodging in or otherwise using any Dharmshala, Sarai or Musafarkhana which is ordinarily open to members of his community! or
(j) if he prevents or obstructs or causes to prevert or obstruct any member of his community from entering or using any place of worship such as Temple , Mosque, Church , Gurudwara or any cemetary, crematorium or burial ground which is ordinarily open to members of his community.
Penal- ties .
4. (1) Whoever imposes any social disability on any member of his community shall, on conviction, be punished with imprisonment of either description which may entend to six months or with fine, which may extend to one thousand rupees or with both.
(2) Whoever aids or abets in the commission of any offence punishable under this Act or connives at the commission of any such offence or harbours any offender or destroys any evidence shall, on conviction, be published with imprisonment of either description which may extend to six months or with fine, which may extend to one thousand rupees or with both .
II of 1974
5. Notwithstanding anything contained in the Code of Criminal Procedure , 1973 , every offence under this Act-
(a) shall be cognizable; and
(b). may, with the permission of the court be compoundable .
Offences under this Act to be cogni- zable and compo- undable.
6. (1) A Police Officer may if he has reasonable ground to believe an offence under this act has been committed or likely to be committed by any person ; then he may-
(a) remove or cause to be removed, any barricade or obstruction erected , placed or found in any place, if such barricade or obstruction was so erected or placed in order to be used for the purpose of committing any offence under this Act ; or-
Police Officers to take action in of imposi- tion of cases (6) open or cause to be opened any gate or door, if such a gate or door was closed for the purpose of committing an offence under this Act .
social disabili- ties.
(2) Whenever any police Officer has reasonable ground to believe that any person is likely to commit an offence under this Act , he may arrest such person without a warrant and deliver him into the custody of the officer - in - charge, of a Police Station who may either release the person arrested on his executing a bond with or, without surety for his appearance in a Magistrate's court or take or cause to be taken the person arrested, before a Magistrgate within Twenty-four hours after the arrest .
II of 1974.
(3) When a person appears before a Magistrate in compliance with a bond executed by him under sub-section (2) or is brought before a Magistrate , he may require such personto show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour for such period for not exceeding three years as the Magistrate may think fit . If, after due inquiry, the Magistrate is satisfied that such person should execute a bond with or without surities , the Magistrate shall make anorder accordingly and the provisions of Section 107 and Sections 112 to 123 (both inclusive) of the Code of Criminal Procedure , 1973, shall apply to or in relation to all orders to furnish security made under this sub-section .
INDEX 11-4
GUJARAT GOVERNMENT GAZETTE, EX; 15-2-1996
PART V
STATEMENT OF OBJECTS AND REASONS
The out dated and unconstitutional practices such as untouchability, boycotts, etc, are still practised in various communities in the State resulting in great harra ssment to individuals or groups . The harrassement so caused, naturally affects the social life fe of a community. It is, therefore, necessary to root -out these evils by putting a step to the imposition of the various social disabilities . The objective can be achi- eved by enacting a suitable legislation for the purpose and also for providing punish- ment to those who indulge in such evil practices .
Hence this Bill .
Gandhinagar.
Dated the 2nd January, 1996.
MULRAJSINH PARMAR ,
Μ.L.A."
Gandhinagar,
Dated the 15th February, 1996.
7. H. DAVE ,
Secretary. Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX Extra No. 12 .
REGISTERED NO. G/GNR/ 2
C
हुस्त्यमेव जयत
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII]
MONDAY, FEBRUARY 19 , 1996 / MAGHA 30, 1917 .
Separate paging is given to this Part in order that it may be filed, as a separate compilation.
PART V
Bilii introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 19th February, 1996 by Shri Fakirbhai Vaghela, Minister is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :--
THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ( GUJARAT AMENDMENT) BILL, 1996 .
GUJARAT BILL NO. 12 OF 1996 .
A BILL
further to amend the Bombay Provincial Municipal Corporations Act , 1949 .
It is hereby enacted in the Forty- seventh Year of the Republic of India as follows:-
Short titles 1. This Act may be called the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1996.
Bom . DMX of 1949 .
2. In the Bombay Provincial Municipal Corporations Act , 1949, in section 343 , in sub -section (2 ), for thetheportion beginning with the words " such excess charge" and ending with the words "may determine in this behalf " , the following shall be substituted , namely :
Amend- ment of section 343 of Bom. LI of 1949 .
"such excess charge-
(a) not exceeding fifty rupees as the Transport Manager, with the approval of the Transport Committee , may determine in this behalf, or
(b) equivalent to ten times the ordinary single fare, whichever is less ."
12-1
V-Ex .-12-1
INDEX 12-2
[PART V GUJARAT GOVERNMENT GAZETTE , EX ; 19-2-1996
STATEMENT OF OBJECTS AND REASONS
Sub- section (2 ) of seotion 343 of the Bombay Provincial Municipal Corporations Act , 1949 imposes the liability on a person travelling unauthorisedly in any vehicle of the Transport Undertaking without ticket or without payment of proper fare , to pay excess charge not exceeding ten rupees as the Transport Manager , with the approval of the Transport Committee may, determine in this behalf . With a view discoura- . ging the tendency of such unauthorised travel , it is considered necessary to increase the existing ceiling of excess charge from ten rupees to fifty rupees or a sum equal to ten times the amount of fare whichever is less . This Bill seeks to amend sub- section (2) of the said section 343 to achieve the aforesaid object .
FAKIRBHAI VAGHELA , Dated the 9th February, 1996 .
Gandhinagar,
Dated the 19th February, 1996 .
V. H. DAVE,
Secretary,
Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX REGISTERED NO. G/GNR/2.
Extra No. 13
C
સ્વઃ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ] TUESDAY , FEBRUARY 20 , 1996 / PHALGUNA1, 1917
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PARTV
Bills introduced in the Gujarat Legislative Assembly.
The followling Bill which was introduced on the 20th February , 1996 by Shri Vajubhai Vala, Minister for Energy is published under rule 127- A of the Gujarat Legislative Assembly Rules for general information : -
THE GUJARAT LIFTS AND ESCALATORS
BILL, 1996. *
GUJARAT BILL NO . 13 OF 1996 .
A BILL
to consolidate and amend the law relating to the regulation of the construction, maintenance and safe working of certain classes of lifts and escalators and all machinery and apparatus pertaining thereto in the State of Gujarat.
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 Lifts and Escalators Act , 1996.
Shorttitle, extent and commence- ment.
(2) It extendsto the whole of the State of Gujarat .
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint .
V-Ex-13-1
13-1
INDEX 13-2 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 20-2-1996
Definitions .
2. In this Act , unless the context otherwise requires , -
"Baluster" means a short pillar slender above and (a) bulgingbelow;
(b) "Balustrade " means a row of balusters meant for supporting moving handrails ;
(c) "ChiefInspector " and " Inspector " means respec- tively the person appointed to be the Chief Inspector of lifts and escalators and the Inspector of lifts and escalators under sub- section (1 ) of section 13;
(d) "combplate " means a pronged plate that forms part of an escalator landing and engages with the cleats of the steps at the limits of travel;
"escalator " means a power driven inclined continu- (e) ous stairway used for raising or lowering passengers;
(f) " escalator installation " includes the escalator , the track, the trusses or girders , the balustrading, the step treads and landings and all chains , wires and plants directly connected with the operation of the escalator;
(g) " licence " means a licence granted under section 4;
(h) " lift " means an applianus designed to transport persons or materials-between two or more levels in a vertical or substantially vui direction by means of a guided car or platform;
(i) " lift car " means tho load carrying unit with ite floor or platform , car frame and enclosing body work;
14 (0) " lift installation " includes the lift car , the lift way, the sporating mechanism of the lift and all ropes , cables , wires and plant , directly connected with the operation ofthe lift;
(k) "power" means any form of energy which is not generated by human or animal agency ;
(1) "prescribed " means prescribed by rules ;
(m) " rated speed " means the speed at which the lift or escalator is designed to operate ;
(n) " rules " means rules made under this Act .
Permission to erect lift or es- calator.
3. ( 1 ) Every owner of a place intending to instal a lift or an escalator in such place after the commencement of this Act , shall make an application in such form as may be prescribed , to such officer as the State Government may authorise in this behalf , for permission to erect such lift or escalator . Such application shall specify--
INDEX
1 [13-3 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
(a) the type of the lift or escalator ;
(b) the rated maximum speed of the lift or the speed at which the escalator is designed to operate;
(c) the maker's or designer's rated capacity in weight ;
(d) the maximum number of passengers in addition to the lift operator which the lift can carry;
(e) the total weight of the lift car carrying the maximum load;
(f) the weight of the counter weight of the lift ;
(g) the number , description , weight and size of the supporting cables of the lift or escalator;
(h) the depth of the pit from the lowest part of the car when at the lowest floor of lift ;
(1) such details of the construction of the overhead arrangement with the weights and sizes of the beams for the lift as may be prescribed;
(1) angle of inclination for escalator ;
(k) type of balustrading in escalator ;
(1) thewidth between balustrades in escalator ;
(m) details of handrails in escalator ;
(n) details of steps treads in escalator;
(0) details of landing in escalator;
(d) details of combplates in escalator;
(q) details of trusses or girders in escalator ;
(r) details. of step wheel tracks in escalator;
(s) the rated load in kilograms on escalator ;
(t) the factor of safety , based on the static loads , in the lift or escalator; and
(u) such other particulars as may be prescribed .
(2) Onreceipt of an application under sub-section (1) , the officer authorised under this section shall , after making such inquiry and requiring the applicant to furnish such information as may be necessary, forward the application with his remarks to the Chief Inspector . The Chief Inspector may thereupon either grant or refuse the permission to erect lift or escalator . Such permission shall be valid for a period of six months from the date on which it is
INDEX 13-4 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 20-2-1996
[ PART V
granted or for such further period not exceeding six months as may beallowed by the Chief Inspector for sufficient reasons .
Licence to use lift or escalator .
4. (1) The owner who is permitted to instal a lift or escalator under section 3 shall , within one month after the comple- tion of erection of such lift or escalator , make an application to such officer as the State Government may authorise in this behalf, for a licence for working of the lift or an. escalator .
(2) Anapplication for licence made under sub -section (1) shall be in such form and accompanied by such fees as maybe prescribed.
(3) Onreceipt of an application under sub-section (1) , such officer may , after making such inquiry as may be necessary, forward the application with his remarks to the Chief Inspector.
(4) Ifthe Chief Inspector is satisfied that the applicant has cornplied with the requirements of the provisions of the Act , he maygrant the licence in such form and on such terms and conditions as may be prescribed:
Provided that where the Chief Inspector refuses to grant the licence , he shall give a reasonable opportunity of being heardto the applicant.
Application for li- cence in case of existing lifts and escalators.
メ 5 . (1) Notwithstanding anything contained in sections 3 and4, every owner of a place in which a lift or an escalator has been installed before the date of the commencement of this Act shall , within three months from such date , apply for a licence for the working of such lift or escalator.
(2) The provisions of sub - sections (2) and (3) of sec- tion 4.shall, as far as may be , apply to such application .
Duration and
6. (1) Every licence shall be valid for a period of one year from the date on which it is granted.
licence,
(2) Alicence maybe renewed on an applica- tion made in that behalf to the Chief Inspector in such form and accompaniedby such fee as may be prescribed and every such application shall be made not less than thirty days before the date onwhich the period of validity of the licence is due to expire .
7. No lift or escalator shall be worked except under and in conformity with the terms and conditions of the licence granted in respect of the same .
: Liftor esca- lator not to be operated without II- cence.
Additions and alter- ations to lift or escalator installation .
8. No additions or alterations other than those re- quired to be made under sub- section (2) of section 9 shallbe made to any lift or escalator installation except with the previous permission in writing of an officer authorised in this behalf by the State Government .
INDEX [ 13-5 GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
PART V ]
Right to enter any building for inspection of lift or esca- lator and lift or escalator in- stallation , etc.
9. (1) Anofficer authorised in this behalf by the State Government may , at any time after giving a reasonable notice to the occupant , enter upon any building in which a lift or an escalator is installed or is being installed or in connection with which an application has been made for licence, for the purpose of inspecting the lift or escalator or lift or escalator installation or the site thereof..
(2) The officer , on such inspection , is of the opinion thatanylift or escalator in any building is in an unsafe condition , he may direct by an order to the owner of the building or his agent appointed under sub- section (2) of section 12 to make such repairs or alterations to be made to such lift or escalator as he may deem necessary, within the time specified therein and may also if neces- sary, order the use of such lift or escalator to be discontinued until such repairs or alterations are made or such unsafe condition is removed. The owner or his agent , as the case may be , shall thereupon comply with the order within the period specified therein and shall forthwith report in writing to the officer of having so compliedwith.
Appeal.
10. (1) Any person aggrieved by an order of the Chief Inspector made under sub - section (4) of section 4, maywithin thirty daysfrom thedate of such order , appeal to the State Government .
(2) Any person aggrieved by an order of the officer madeunder sub- section (2) of section 9, may within thirty days from the date of such order, appeal to the Chief Inspector .
(3) Any person aggrieved by an order of the Chief Inspector made under sub - section (2) , may within thirty days from the date of such order , appeal to the State Government .
(4) Anappellate authority may pass such order on appeal as it deems just and proper .
(5) The order made by the Chief Inspector on appeal , subject to the appeal to the State Government , and the decision of the State Government on appeal , shall be final and shall not be called in question in any court .
(6) Notwithstanding any appeal made under this sec- tion , any order to discontinue the use of lift or escalator made by the officer under sub- section (2) of section 9 shall be complied with unless the appellate authority has suspended such order .
Owner to givefacili- ties for in- spection .
11. The owner of a building in which a lift or an escalator is installed or his agent appointed under sub-section (2) ofsection 12 shall afford all reasonable facilities to the officer for inspecting a lift or an escalator under sections 9 and 14 and whenever ordered to do so by the officer shall , at his own cost , procure at such inspection the attendance of the person , if any , with whom he has entered into a contract for the erection or maintenance of the lift or escalator (being a person holding a certificate of registration for the work of erection or maintenance of a lift or an
V-Ex- 13-2
INDEX 13-6 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
[ PART V
! escalator under the rules ) or a representative of such person who iscompetentto guide the officer in inspecting the lift or escalator.
Reportof acci- dents and in- quiries.
X
12. (1) Whereany accident occurs in the opera- tion of anylift or escalator which results or is likelyto have resulted inloss of human life or injury to any person , the owner of the building in which the lift or escalator is working or if such owner has appointed an agent and has communicated his name to the Inspector under sub- section (3) , such agent , shall as soon as may be after such accident , give notice in such form and in such manner as may be prescribed , with full details of the accident to the Inspector and also in the area for which a Commissiorier of Police has been appointed , to the Commissioner of Police and elsewhere to the District Magistrate or such other officer as the State Govern- ment may, by order, specify and the lift or escalator installation shall not be interfered with in any manner and the working of such lift or escalator shall not be resumed except with the written permission of the officer authorised in this behalf by the State Government .
(2) For the purposes of sub - section ( 1 ) , the owner of every building in which a lift or an escalator has been installed , or in the case where such owner does not reside in such building , an agent (who shall be a resident in the town or village in which the building is situate) appointedby the owner , shall give notice of any accident occurring in the operation of the lift or escalator .
(3) The name of every agent appointed, under sub- section-(2) shall be communicated in writing to the Inspector.
(4) TheState Government may authorise the Inspec- tor orany other competent person appointed in this behalf , to inquire and report, -
(a) as to the cause of any accident affecting the safety of the persons which may have been occasioned by, or in connection with , the lift or escalator installation , or
(b) as to the manner in , and extent to , which the provisions of this Act or the rules made thereunder so far as those provisions affect the safety of any person , have been complied with .
V of1908 .
(5) Every Inspector or other person holding an inquiry under sub-section (4) shall have all the powers of a civil court under the Code of Civil Procedure , 1908 , for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects ; and every person required by an Inspector or such other person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code .
XLV of 1860 .
INDEX [13-7 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 20-2-1996
PART.V ]
IX of1910.
13. The State Government may ,by notifica- (1) tion in the Official Gazette, appoint persons duly qualified as Electrical Inspector under the Indian Electricity Act , 1910 , tobe-
(a) theChief Inspector of lifts and escalators ;
Appointment of ChiefInspector, Inspectors and Assistant In- spectors of lifts and escalators .
(b) Inspector of lifts and escalators .
(2) The Chief Inspector so appointed shall , in addition tothe powers conferred on him under this Act , exercise the powers ofan Inspector through out the State .
(3) Every Inspector so appointed shall exercise the , powers and perform the functions of the Inspector under this Act within such areas or in respect of such class of lift or escalator installations and subject to such restrictions as the State Govern- mentmay direct .
IX of1910 (4) The State Government may, by notification in the OfficialGazette, appoint persons dúly qualified to assist an Electri- cal Inspector under the Indian Electricity Act , 1910 , to be Assistant Inspector of lifts and escalators .
14. (1) Every lift or escalator-
(a) shall be inspected by the officer authorised in this behalf by the State Government , -
Inspection of liftsand esca- lators and charging of fees.
(1) before the grant of a licence under section 4; and
(ii) once in every six months in a year commencing from the month of April ;
(b) may be inspected by such officer to check up compliance with the order made under sub - section (2) of section 9 , if necessary ..
(2) The fee as may be prescribed shall be paid by the owner of the building in which the lift or escalator is installed for each inspection under sub - section ( 1) and such fee shall be inclusive of the fee for the inspection of electrical installation attached to the lift or escalator installation . The fee shall be paid within such period and in such manner as may be prescribed .
(3) Where the owner or any person liable to pay fee under this section does not pay the same within the prescribed period, there shall be paid by such owner for the period commencing immediately after the prescribed period and ending on the date of payment of fees , simple interest at the rate of twenty- four per cent . per annum on the amount of fees not so paid .
Recovery of fees,etc.
15. All sums payable as fees or interest under this Act shall be recoverable as arrears of land revenue .
Penalty.
16. Whoever contravenes any of the provisions of this Act , rules or the conditions of a licence or a direction given by the
INDEX
וד 13-8 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 20-2-1996
ChiefInspector or the Inspector under this Act or the rules shall , on conviction , be punishable with fine not exceeding five thousand rupees and, in the case of continuing contravention , with an additional fine which may extend to one hundred rupees for every dayduring which such contravention continues after conviction for the first such contravention.
Offencesby companies .
17. (1) Wherean offence under this Act has been committed by a company, every person who at the time the offence was committed , was in charge of and was responsible to , the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub - section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence .
(2) Notwithstanding anything contained in sub- sec- tion (1), where an offence under this Act has been committed by a companyand it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director , manager , secretary, or other officer of the company, such director , manager , secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section , -
(a) "company" means any body corporate , and includes a firrn or other association of individuals , and
(b) "director " , in relation to a firm , means a partner in the firm.
Cognizance ofoffence .
18. No court shall take cognizance of any offence under this Act except with the previous sanction of the Chief Inspector or the State Government.
Service of notice , or- der or docu- ment.
19. (1) Every notice , order or document by or under this Act required or authorised to be addressed to any person may be served by post or left , -
(a) where a local authority is the addressee, at the office of the local authority,
(b) wherea company is the addressee , at the registered office of the company or in the event of the registered office of the company not being in India , at the head office of the company in India ,
(c) where any other person is the addressee , atthe usual or last known place of abode or business of the person.
INDEX f
[ 13-9 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
(2) Every notice , order or document by or under this Act required or authorised to be addressed to the owner or the agent of the owner or the occupant of any premises shall be deemed to be properly addressed , if addressed by the description of the "owner " or " agent of the owner " or " occupant " of the premises (naming the premises ) and rnay be served by delivering it or a true copy thereof , to some person on the premises or, if there is no person or the premises to whom the same can with reasonable deligence be delivered . by affixing it on some conspicuous part of thepremises .
Protection for acts done Ingood faith .
20. No suit , prosecution or other legal proceedings shallbe instituted against any officer for anything which is in good faith done , or intended to be done under this Act , or the rules or order made thereunder . :
Application of. Act to lifts or escalators be- longing Government.. to
21. In the application of the provisions of this Act to lifts or escalators installed by the Government , the provisions of this Act shall be deemed to have been adopted or modified to the extent specified in the Schedule.
Power to make rules .
22. (1). The State Government may, by notifica- tion in the Official Gazette, make rules to carry out the purposes of thisAct.
(2) In particular and without prejudice to the generality of the foregoing powers , such rules may provide for all or any of the following matters, namely:-
(a) thespecifications for lifts and escalators ;
(b) and escalators shall be submitted; the manner in which erection plans of lifts : :
(c) the manner in which the lifts and escala- tors may be tested;
(d) the form of application for permission to erect a lift or escalator under sub - section ( 1 ) of section 3 ;
(e) details of the construction of the over- head arrangement with the weights and sizes of the beams under item ( i) of sub - section (1) of section 3;
(f) other particulars which the application for permission to erect a lift or an escalator shall specify under item ( u) of sub - section ( 1) of section 3 ;
(g) the form in which an application for licence shall be made and the fee which shall accompany such application under sub- section (2) of section 4;
(h) the form in which and the terms and con- ditions on which the licence may be granted for the working of a lift or an escalator under sub- section (4) of section 4;
V-Ex- 13-3
INDEX 13-10 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
[ PART V
( i) the form in which an application for re- newal of licence shall be made and the fee which shall accompany such application under sub- section ( 2) of sec- tion 6;
(0) the form of notice to be given under sub- section ( 1 ) of section 9;
(k) the form and the manner in which notice of accidentshall be given under sub-section ( 1 ) of section 12;.
(1) the rate of fee which shall be charged for inspection of every lift or escalator and the period within which and the manner in which such fee'shall be paid under sub-section (2) of section 14;
(m) prescribed. anyother matter which is to be , or maybe ,
:
(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject fo rescission by the State Legislature or to such modification as the State Legisla- ture may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
i
IX of 1910 .
Provisions of in- dian Electricity Act not affected.
23. Nothing contained in this Act shall affect the provi sions of the Indian Electricity Act , 1910 or any rules made there- under.
Bom . X of 1939, Repeal and savings.
24. Onthe commencement of this Act, the Bombay LiftsAct, 1939 in its application to the State of Gujarat : shall stand repealed:
Provided that such repeal shall not affect the previous operation of the said Act and anything done or action taken (including any appointment or delegation made , application or other document filed , licence granted , inquiry or inspection made , notifi- cation or notice issued, rule made , proceeding instituted , fees recovered or penalty imposed )by or under the provisions of the said Act, shall , in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the correspond- ing provisions of this Act , and shall continue in force unless and until superseded by anything done or any action taken under this Act.
SCHEDULE
(See section 21 )
(1) In section 5, in sub -section (1) , for the words " every owner" , the words "every Government Officer- in - charge " shallbe substituted.
INDEX PART V J
[ 13-11 GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
:
(2) In section 12 , in sub - section (2), ---
(i ) for the words beginning with the words "the owner ofevery building " and ending with the words " in such building ", the following shall be substituted , namely : --
"for every building in which a lift or an escalator has been installed by Government , the Government or " ;
(ii) for the words "appointed by the owner " the following words shall be substituted , namely : --
"appointed by the Government " .
(3) In section 19, in sub - section ( 1) , for clause (a) , the following shall be substituted , namely: -
"(a) where Government is the addressee , at the office of the agent appointed by. Government under sub- section (2) of section 12, "
INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
13-12 ]
STATEMENT OF OBJECTS AND REASONS
At present , the Bombay Lifts Act, 1939 is applicable to the State of Gujarat . While administering the said Act , it is found that the existing provisions are not adequate to carry out the object . It isalso found that some amendments in the present provisions are also necessary so far as the applicability to the State of Gujarat is concerned. After the enactment of the Bombay Lifts Act , 1939 , the escalator installations have come into existance in the State and therefore , it has also become necessary to make some provisions for regulating the construction , maintenance and operating of an escalator installations . It is, therefore , considered necessary to replace the said Bombay Act by a new Act . The following notes on clauses explain the important provisions of the Bill : --
Clause 2.-- This clause defines certain terms : used in the Bill .
Clause3.-- This clause provides for the person intending to instal a new lift or escalator installation to make an application for permission to erect the lift or escalator .
Clause 4.- This clause lays down the procedure to be adopted for the issue of a licence to use the lift or escalator .
Clause 5.- This clause provides for making of an application by the owner of the place in which lift or escalator is installed before the commencement of the Act for grant of a licence to use the lift or escalator.
Clause 6.- This clause provides for the duration and renewal of licence.
Clause 7. This clause prohibits the use of lift or escalator installation without licence .
Clause8.- This clause provides for the permission of an authorised officer to make any additions or alterations to the lift or escalator installations .
Clause 9.- This clause gives powers to the authorised officer to enter any building for inspections of lifts or escalators , lift or escalator installation or the site thereof .
Clause 10.- This clause contains provisions for appeal .
Clause 11.- This clause requires the owner of a building in which the lift or escalator is installed or his agent to give facilities for inspection.
Clause 12. - This clause lays down the procedure for reporting any accident which may occur in the operation of any lift or escalator and inquiries .
Clause 13.- This clause provides for the appointment of the Chief Inspector , Inspector and Assistant Inspector of lifts and escalators.
INDEX [ 13-13 GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
PART V J
Clause 14.- This clause provides for inspection of lift or escalator and charging of fees and penal interest .
Clause 15. - This clause provides for the recovery of fees or interest as arrears of land revenue .
Clause 16. - This clause provides for the penalty to be imposed for contravention of the provisions of the Act , etc.
Clause17. - This clause relates to the offences committed by the companies.
1
Clause 18. -This clause provides that the court shalltake congnizance of the offence only on the previous sanction of the Chief Inspector or the State Government .
Clause 19. - This clause lays down the procedure for the service of notices and orders to be issued under the Act .
Clause 20. - This clause provides for usual indemnity for acts done ingood faith .
१४
Clause 21. - By this clause the provisions of the Act. are made applicable to the lifts or escalators belonging to Government with certain modification specified in the Schedule .
Clause 22. - This clause empowers the State Government to make , by notification in the Official Gazette, rules generally for carrying out the purposes of Act and particularly for all or any of the matters specified in sub -clause (2) .
Clause 23. -This clause provides that the provisions of the Indian Electricity Act , 1910 and the rules made thereunder shall not be affected by the provisions of the Act .
Clause 24. -This clause provides for the repeal of the Bombay Lifts Act, 1939 and savings .
VAJUBHAI VALA ,
FINANCIAL MEMORANDUM
Clause 13 of this Bill provides for the appointment of the Chief Inspector of ifts and escalators , Inspectors and Assistant inspector oflifts and escalators . Since the existing Government Officers are to be appointed, the appointment as such would not involve any additional expenditure from the Consolidated Fund of the State.
VAJUBHAI VALA ,
V-Ex- 13-4
INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
13-14 ]
MEMORANDUM REGARDING DELEGATED LEGISLATION
TheBill involves delegation of the legislative powers in the following respects: -
Clause 1.-Sub-clause (3) of this clause empowers the State Government to appoint by notification in the Official Gazatte, a date on which the Act shall come into force.
Clause3.- ( i) Sub- clause ( 1 ) of this clause empow- ers the State Government to authorise an officer to receive the application for granting permission to erect a lift or an escalator .
(ii) Thissub- clause empowers the State Govrn- mentto prescribe by rules the form of such application .
(iii) Item (i ) of this sub - clause empowers the State Government to prescribe by rules details of the construc- tion of the overhead arrangement with the weights and sizes of the beams for the lift which such application shall specify.
(iv) Itein ( u) of this sub- clause empowers the State Government to prescribe by rules other particulars which such application shall specify .
Clause 4.- (i ) Sub- clause ( 1) of this clause empow- ers the State Government to authorise an officer to whom the application for licence for working of lift or escalator shall be made .
(ii) Sub-clause (2) of this clause empowers the State Government to prescribe by rules the form in which an application for licence shall be made , the fee which shall accompany such application.
(iii) Sub -clause (4) of this clause empowers the State Government to prescribe by rules the form in which and the terms and conditions on which licence shallbe granted.
Clause6.- Sub- clause (2) of this clause em- powers the State Government to prescribe by rules the form in which an application for renewal of a licence shall bemade , the fee which shall accompany such application .
Clause 9.-Sub-clause (1 ) of this clause empowers the State Government to authorise an officer to enter and inspect the building in which the lift or escalator is or being installed and in respect of which an application for licence has been received by such officer .
Clause 12.-Sub-clause ( 1 ) of this clause empow- ers the StateGovernment to prescribe by rules the form and the manner in which notice of accident shall be
INDEX PART V ]
[ 13-15 GUJARAT GOVERNMENT GAZETTE , EX . , 20-2-1996
given. This clause also empowers the State Government to specifyby order the other officer to whom such notice shall be given.
Clause13. -This clause empowers the State Gov- ernment to appoint the Chief Inspector , Inspectors and Assistant Inspectors of lifts and escalators .
Clause 14.- (i) Sub- clause ( 1) of this clause empow- ers the State Government to authorise an officer by whom lift or escalator installation shall be inspected.
(ii) Sub -clause (2) of this clause empowers the State Government to prescribe by rules the fee, the period within which , and the manner in which fee shall be paid.
Clause 22. -This clause empowers the State Government to make, by notification in the Official Gazette, rules generally for carrying out the purposes of the Act and particularly for all or any of the matters specified in sub - clause (2) .
The delegation of the legislative powers as aforesaid is necessary and is of a normal character .
VAJUBHAI VALA.
Dated the 13th February, 1996.
V. H. DAVE,
SECRETARY,
Gandhinagar,
Dated the 20th February, 1996 . GUJARAT LEGISLATIVE ASSEMBLY .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX Extra No. 14
REGISTERED NO. G / GNR/2
C
सत्यमेत्र जगने
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, FEBRUARY 29, 1990/ PHALGUNA 10 , 1917
Vol . XXXVII )
Separate paging is givento this Part - in order that it may be filed as a separate complilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was intraineed on the 29th February , 1996 by Shri Bhav- sinhbhai Rathod, M.L.A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information:---
"Gujarat Bill No. 14 of 1996.
THE GUJARAT FREVENTION OF CONTEMPT OF THE PEOPLE (BY PUBLIC SERVANT) BILL,, 1995 .
A BILL
to provide for the protection of the people from insult ond disrespect shown by public servant against them and for assuring dignity of the individual .
It is hereby enacted in the Forty - Sixth Year of the Republic of India as follows ;
1. (1) This Act may be called the Gujarat Prevention of Contempt of the People (By Public Servant) Act , 1995 .
(2) It . extends to the whole of the State of Gujarat .
Short title, extent and commen- cement.
(3) It shall come into force at once .
2. In this Act, unless the context otherwise requires-
Defini- tions.
(1) The words " contempt of the people " denotes an act or an omission by public servant falling under any of the description hereinafter following , namely:-
(a) wandering or remaining absent from the place of duty in order to avoid work during duty hours .
(b) reading newspapers, magazines or other books or hearing radio which is not a part of his duty during the duty hours at one's duty place.
14-1
V-Ex. -14-1
INDEX 14-2
[PART V GUJARAT GOVERNMENT . GAZETTE , EX:, 29-2-96
(c) sitting or behaving in disorderly manner at one's place of duty during . dutyhours.
(d) not replying properly and politely to any person coming for any official work or for inquiry .
(e) not replying properly and to the point to any written application made by any person.
( f) insulting or disrespecting any person by using abusive for offensive lan- guage.
(g) asking for or accepting anything from any person which is not necessary for one's duty or job assigned to a public servant.
(h) furnishing false information to any person.
(i) omitting to render or furnish assistance to any person .
(j ) disobedience of any law, rule, order or direction issued by the State Government .
(2) "public servant " means every person ;
(a) in the service or pay of the State Government or remunerated by fees, or commission for the performance of any public duty by the State Government .
(b) in the service or pay of a local authority or a corporation established under a Central or State Act or a Government company as defined in section 617 of the Companies Act , 1956, excepting 'Judges' as defined in the Indian Penal Code. 1 of 1956 45 of 1960.
3. Any Public servant who commits contempt of the people shall be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both :
Punish- ment for Contempt.
Provided that the public servant may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Judge .
Jurisdio- tion .
4. Any person who feels or comes to know that any public servant has commi- tted contempt of the people may apply to the Civil Judge within whose jurisdiction the alleged contempt has been committed with supporting affidavits of himself and of witnesses , if any , and with all or any documentary evidence available with him:
Provided that application referred to in this . section may be presented, personally or may be sent by post .
5. The Civil Judge will give or send by post receipt of the application within three days to the applicant and issue a show cause notice to the public servant con cerned within eight days . 12:
Show- cause Notice.
6. A public servant who receives a show cause notice from the CivilCivil Judge will. send his reply with affidavit of himself and of witnesses, if any, and with all or any documentary evidence available with him for his or her defence within ten days from the receipt of the show cause notice .
Public Servant to reply affidavit.
Hearing and disposal :
7. After receiving reply from the public servant if the Civil Judge thinks it nece- ssary to call the applicant and the public servant for personal hearing , he will fix a date for the same and intimate about it to the applicant and the public servant concerned and after hearing the both , pass a necessary order under section 3 or dismiss the application .
Revision by High Court.
8. The order of the Civil Judge shall be final , subject to any modifications altera- tion or correction made by the High Court in revision either on application of any party or suomoto .
INDEX ו:
14-3 PART V
GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 29-2-96
for the Protection acts done in good faith .
9. No court shall have jurisdiction to question the legality of any action taken or. any decision given by the Civil Judge under this Act in connection with the con- tempt of the people by public servant and no suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act .
10. Nothing in this Act shall be deemed to prohibit or restrict any action for which the public servant is liable under any other law or rules for the time being in force .
No prohi- bition for action under other law.
Power to make rules 11. (1) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act .
(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and rescission by the State. Legislature shall be subject to or to such modification as the Legislature may make during the session in which they are 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 .
INDEX 14-4
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-96
STATEMENT OF OBJECTS AND REASONS
The constitution of India recognises dignity of the individual in the preamble but during these forty six years of independence , people feel by experience that instead of peoples' rules , public servants at many a times are openly disrespecting and insulting common people in the State and behaving many a times in such a way that pepole at large have been losing confidence in public administration and hence for the protec- tior of the people from insult and disrespect by public servants and for assuring dignity of the individual some easy and quasijudicial summary remedies are necessary.
This Bill seeks to achieve the above objects .
Gandhinagar,
BHAVSINHBHAI RATHOD , Dated the 12th December, 1995 .
M.L.A.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 11 of the Bill empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of legislative powers as aforesaid is essential and of normal character.
Gandhinagar,
Dated the 12th December, 1995 .
BHAVSINHBHAI RATHOD , M.L.A.
Gandhinagar,
V. H. DAVE , Secretary, Gujarat Legislative Assembly.
Dated the 29th February , 1996 .
GOVERNMENT CENTRAL PRESS , GANDHIHAGAR
INDEX REGISTERED NO. G/GNR/2.
Extra No. 15
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY.
VOL . XXXVII ] THURSDAY , FEBRUARY 29, 1996 / PHALGUNA 10, 1917 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bilis introduced in the Gujarat Legislative Assembly.
The followingBill which was introduced on the 29th February , 1996 by Shri Parbatbhai Patel , M.L.A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information.
"Gujarat Bill No. 15 of 1996 .
THE GUJARAT CO - OPERATIVE SOCIETIES (AMENDMENT) BILL, 1996 .
A BILL
further to amend the Gujarat Co - operative Societies Act, 1961 .
It is hereby enacted in the Forty - seventh year of the Republic of India , as follows:- Short title and commence- ment.
1. (1) This Act may be called the Gujarat Co - operative Societies (Amendment) Act , 1996 .
(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette, appoint .
15-1
V-Ex-15-1
INDEX 15-2 ]
[ PART. V GUJARAT GOVERNMENT GAZETTE , EX . , 29-2-1996
Amendment of section 4 of Guj . X of 1962.
: 2. In the Gujarat Co- operative Societies Act, 1961 (hereinafter referred to as " the principal Act " ) , in section -4 , in the proviso , the following words shall be added , at the end , namely :-
" or the registration of which may be contrary to the policy directives which the State Government or the Registrar , with the previous approval of the State Government, may from time to time issue . " .
3. In the principal Act, in section 6 .
Amendment of section 6 of Guj. X of 1962.
(a) in sub- section (1 ), after the words " at least ten persons " the following words shall be inserted , namely :-
" or such higher number of persons as the Registrar may, having fegard to the objects and economic liability of the society and development of the Co- operative movement, determine from time to time for a class of societies . "
(b) for the Explanation , the following Explanation shali be substituted, namely :----
"Explanation :-For the purpose of this section and section 8 , the expression members of family means a wife, husband or unmarried son and unmarried daughter who are depend- ent ."
Amendment of section 9 of Guj .Xof 1962.
4. In the principal Act , in section 9 , in sub- section (1) , in clause (a), after the words " not contrary to this Act and the rules " the words and figure " or any other law for the time being in force , or policy directives issued by the State Government or the Registrar under section 4 " shall be inserted .
5. In the principal Act, for section 11, the following section shallbe substituted, namely:-
Substitution of section 11 of Guj . Xof 1962.
" 11. When any question arises whether a person is an agriculturist or a non - agriculturist or whether any person is a resident in a town or village or group of villages or whether two or more villages , shall be considered to form a group or whether any person belong to any particular tribe , class or occupation or whether a person is or is not engaged in or carrying on any profession , business or employment or whether a person belongs or does not belong to such class of persons as declared under section 22, the question shall be decided by the Registrar . "
6. In the principal Act , in section 13, after sub -section ( 1) , the following sub- section shall be inserted , namely:-
Amendment of section 13 of Guj . X. of -1962 .
"( 1A) No amendment of the bye - laws of a society shall be registered- by the Registrar under this section if the amendment is repugnant to the policy directives, if any, issued by the State Government under section 4 in respect of any class of societies to which such society belongs."
INDEX [ 15-3 PART V J
GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-1996
Amendment of section 17A of Guj . X of 1962.
7. In the principal Act, in section 17A, in sub - section (4) , for the words " Every member of each of" the words " Every member or creditor or other person interested in " , shall be substituted .
Insertion ofsec- tion 20A inGuj . X of1962.
8. In the principal Act , after section 20 , the following, section shall be inserted, namely :
ofsocieties . Deregistration "20A . ( 1 ) If the Registrar is satisfied that any society'is registered on misrepresentation made by applicants or where the work of the society is complete or exhausted or the purposes for which the society has been registered are not served, he may , after giving an opportunity of being heard to the Chief Promoter or the committee of the society , as the case may be, deregister the society .
(2) When a society is de - registered under the provisions of sub- section (1), thẻ Registrar may notwithstanding anything contained in this Act or any other law for the time being in force , make such incidental and consequential orders including appointment of official Assignee as the circumstances may require .
(3) Subject to the rules made under this Act , the Official Assignee shall release the assests and liquidate the liabilities within a period of two years from the date he takes over the charge of property, assets , books , records , and other documents , which period may , at the. discretion of the Registrar, be extended from time to time , so however , that the total period does not exceed four years in the aggregate .
(4) The official assignee shall be paid such remuneration and allowances as may be prescribed; and he shall not be entitled to any remuneration whatever beyond the prescribed remuneration or allowances .
έ (5) The powers of the Registrar under sub -section (1) and (2) shall not be exercised by any person or persons on whom all or any of the powers of the Registrar are conferred under section 3. "
Insertion of sec tion 21A in Guj . X of1962 .
9. In the principal Act, after section 21, the following section shall be inserted, namely :
Collaboration bysocieties.
" 21A: ( 1) Any society or societies may , with the prior approval of the State Government, enter into collaboration with any Government undertaking or any undertaking approved by the State Government for carrying on any specific business or businesses , including industrial investment , financial aid or marketing and management expertise .
(2) Before approving any such scheme of collaboration by any society of societies under sub- section ( 1), the State Government shall have due regard to the following matters , namely :
(a) that the scheme is economically viable;
(b) that it can be implemented without in any way, eroding the co -operative character of the society or the societies concerned;
INDEX 15-4 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 29-2-1996
(c) that the scheme is in furtherance of the interest of the members of the society or societies concerned , or in the public interest, and in the interest of the co - operative movement in general . "
10. In the principal Act , in section 22,-
Amendment of section 22 of Guj . X of 1962 .
(a) in sub -section ( 3), the following words and figure shall be added at the end , namely :-
" and the question whether a person is or is not engaged in or carrying on any profession, business or employment or whether a person belongs or does not belong to such class of persons as declared under this sub - section and has or has not incurred a disqualification under this sub - section shall be decided by the Registrar under section - 11 . "
(b) after sub - section (3), the following sub -section shall be inserted , namely :---
"(3A) Notwithstanding anything contained in sub -section (1) , where the Registrar has decided under section 11 , that a person has incurred a disqualification under sub - section (3), the Registrar or the person not below, the rank of District Registrar of Co - operative Societies , authorised by him in this behalf, may , by order, remove such person from the membership of the society." لي
11. In the principal Act, in section 24,-
Amendment of secuon 24 Guj .Xof1962.
(a) after sub- section (1), the following sub - section shall be inserted , namely :-
" ( 1A) Where a society refuses to accept the application from a person for admission as a member , or the payment inade by him in respect of membership , such person may tender anapplication in such form as the Registrar may , determine , together with payment in respect ofmembership, if necessary ,to the Registrar, who shall , with all reasonable despatch , forward the application and the amount , if any paid , to the society concerned ; and thereupon if the society fails to communicate any decision to the applicant within three months from the date of the receipt of such application and the amount by the society, the applicant shall be deemed to have become a member of such a society. "
(b) in sub - section (4) , the following words shall be added, at the end , namely:---
"Every such appeal , as far as possible , be disposed of by the Registrar within a period of six months from the date of its receipt :
Provided that where such appeal is not so disposed of within the said period of six months , the Registrar shall record the reasons for the delay" .
12. In the principal Act ; in section 26 , the following words shall be added at the end , namely :-
Amendment of section 26 of Guj . X of 1962.
"or where a firm, company , any other corporate body , society or trust is a member, on its dissplution or ceasing to exist ." .
13. In the principal Act , after section 26, the following section shall be inserted , Insertion of sec- tion 26A in Guj . X of1962 .
namely:-
INDEX PART V J
[15-5 GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-1996
of names of mem-- -bership register. Removal bers from mem- -"26A: The Committee of a society shall remove from the register of its members the name of a person who has ceased to be a member or who stands disqualified by or under the provisions of this Act from being the member or continuing to be member of a society:
Provided that , if the society does not comply with the requirement of this section , the Registrar shall direct such society to remove the name of such person, and the society shall be bound to comply with such direction . "
Insertion ofsec- tion 33 -A in Guj . X of 1962 .
14. In the principal Act , after section 33, the following section shall be inserted, namely:-
societies books to mem- bers and entries in such books of evidence amount due . Certain to give pass " 33 -A ( 1 ) A society which gives loans to its members or a society or class of societies which the State Government may notify in the Official Gazette, from time to time, shall furnish each member with a pass book , which shall contain an account of the transactions with the member , such as , the date of the transaction, the amount of loan advanced, the rate of interest , the repayment made by the member, the amount of the principal and interest due and particurars as may be prescribed . The necessary entries shall be made in the pass book; from time to time which shall be countersigned by such office bearer of the society as may be authorised in this behalf by the committee . For this purpose , the member shall be bound to present the pass book to such office bearer and if the pass book is required to be kept for some time , for making the necessary entries , the member shall be given a receipt thereof, by such office - bearer.
(2) The entries in the pass book duly made shall , until the contrary be proved, be prima facie evidence of the account of transactions of the society with the member. "
15. In the principal Act, after section 45, the following section shall be inserted , Insertion ofsec- tion 45-A in Guj . X of1962.
namely :---
est in certain Limit on inter- cases.
"45-A . Notwithstanding anything contained in any agreement or any law for the time being in force , a society (including a Co - operative Bank , but excluding a land development bank) shall, for any loan given by it to any member (including a member -society) , recover, of interest, a sum greater than the amount of the inany principal of the loan" .
Amendment of section 49 of Guj . X of 1962 .
16. In the principal Act, in section 49, in sub -sction (1 ), in clause (g), the words " and also the particulars of extinction of such charge " shall be added at the end.
17. In the principal Act, in section 50,-
(a) for sub -section ( 1 ) , the following sub - section shall be substituted , namely :-
Amend ment of section 50 of Guj . X of 1962.
" (1) A member of a society may execute an agreement in favour of the society, providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer such total amount payable to the society and in such instalments as may be specified in the agreement , and to pay to the society the amounts so deducted in satisfaction of any debt.or other demand of the society against the member . A copy of such agreement duly attested by an officer of the society shall be forwarded by the society to the employer. "
(b) in sub -section (2), -
V-Ex-15-2
INDEX 15-6 ]
[ PART. V GUJARAT GOVERNMENT GAZETTE , EX . , 29-2-1996
(i) for the words " on the execution of such agreement " the words " on receipt of a copy of such agreement " shall be substituted :
(ii) for the words, " society does not intimate that the whole of such debt or demand has been paid " , the words " total amount shown in the eopy of the agreement as payable to the society has been deducted and paid to the society " shall be substituted .
(c) in sub - section (3 ) for the portion beginning with the words " Payment thereof " , and ending with the words " wages in areas " the following shall be substituted , namely :---
"Payment of such amount or where the employer has made deductions but the amount so deducted is not remitted to the society , then such amount together with interest thereon atone and half times the rate of interest charged by the society to the member for the period commencing on the date on which the amount was due to be paid to the society and ending on the date of actually remitting it to the society ; and such amouni togeiner with the interest thereon , if any , shall on a certificate issued by the Registrar , be recoverable from him as an arrear of land - revenue , and the amount and interest so due shall rank in priority in respect of such liability of the employer as wages in arrears . "
Amendment of section 66 ofGuj . X of1962 .
18. In the principal Act , in section 66, for sub - section (1 ) , the following sub - section shall be substituted , namely :-
Ascertainment and appropriation ofprofits.
" ( 1 ) A society shall construct its relevant annual financial statement and arrive at its consequent net profit or loss in the prescribed manner . "
of Substituted section 68 of Guj . X of1962.
19. In the principal Act, for section 68 , the following section shall be substituted namely :-
Restriction dividend. on
"68. No society shall pay a dividend to its members at a rate exceeding 12 percent except with the prior sanction of the State Government "
20. In the principal Act, in section 69,-
Amendment of section 69 of Guj . X of 1962 .
(a) in sub - section (2) for the words " within two months from the date on which its accounts are adopted by the general body of members " , the words " within three months after the closing of the co - operative year " shall be substituted .
(b) after sub - section (2) , the following sub - section shall be added , namely: -
"(3) where.any society failsto pay the contribution within the period specified in sub-section (2) , the amount of contribution due shall be recoverable as an arear of land revenue and on the Gujarat State Co- operative Union making a report of such failure to the Registrar , the Registrar shall after making such inquiry as he deems fit, grant a certificate for recovery of the amount due as an arrear of land revenue " .
Amendment of section 71 of Guj .X of1962.
21. In the principal Act, in section 71, in sub - section (2), for clause (e) the following clause shall be substituted , namely :
INDEX PART V ]
[ 15-7 GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-1996
"(e) in shares , or security bonds , or debentures , issued by any other society with limited liability and having the same classification to which it belongs :
Provided that, no society shall invest more than such portion of its paid up share capital as may be prescribed : or " .
Insertion of sec tion 72 in Guj . X of1962 .
22. In the principal Act, after section 72; the following section shall be inserted, namely:-
Fund not to be utilised for cer- tain proceeding filed or taken by or against offi cers personal capacities.
" 72-A . (1 ) No expenditure from the funds of a society shall be incurred for the purpose of defraying the cost of any proceeding filed or taken by or against any officer of the society in his personal capacity . If any question arises whether any expenditure can be so incurred or not , such question shall be referred to and decided by the Registrar, and his decision shall be final .
(2) If any person incurs expenditure in violation of sub - section ( 1 ), the Registrar shall direct the person to repay the amount to the society within one month and where such person fails to repay the amount as directed, such amount shall on a certificate issued by the Registrar, be recoverable as arrears of land revenue .
(3 ) The person against whom action is taken by the Registrar under sub - section (2), shall be disqualified to continue to be the officer of any society or to be officer of any society at any next election including any next by - election held immediately after the expiration of a period of one month during which such person has failed to pay the amount referred to in sub- section (2 ) " .
Amendment of section74 ofGuj . X of 1962 .
23. In the principal Act, section 74 shall be renumbered as sub - section (1) thereof and after sub - section ( 1) as so re - numbered , the following sub - section shall be inserted, namely :-
" (2) Notwithstanding anything contained in any bye - laws of a society or class of a societies , the Registrar may , having regard to the area of operation , subscribed share capital or turnover of a society or class of societies , by general or special order , published in the Official Gazette, prescribe the maximum number of members on the committee of such society or class of societies , as may be specified in such order " .
STATEMENT OF OBJECTS AND REASONS
The Gujarat Co - operative Societies Act , 1961 has been enacted for the purpose of providing for the orderly development of the co - operative movement in the State of Gujarat in accordance with the relevant directive principles of the State policy enunciated in the Constitution of India . This Act has been in operation for over one and a half decades . It is expedient to scrutinise the provisions thereof in the context of the continuous growth of cooperative movement in the State . This movement has spread to all parts of the State and has covered diversified activities including commercial activities .
INDEX 15-8 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 29-2-1996
Although the Co - operative movement has been responsible for making progress in all .
walks of life and particularly in the rural areas and has some glorious achievements to its credit, nevertheless the working of the movement has also revealed some glaring deficiencies . The diversification of activities through the co- operative movement has raised certain attendant problems of the conduct of their business and activities and it was therefore , considered necessary to streamline the working of the societies in proper and efficient manner.
For making provisions for removal of deficiencies which have come to the notice and for streamlining certain provisions , it is proposed to amend the Act ' so as to ensure smooth functioning of the societies and to foster the co - operative movement . The following notes on some of the clauses explain the more important provisions of the Bill , namely :
Clause -2.-Requires that if the registration is contrary to the, directives issued by the State Government or Registrar , then Registrar can refuse to register the society .
Clause-9. Section 21 provides that two or more societies way, with the prior anproval of the Registrar enter into partnership for carrying out any specific business . Inview of this provisions it may not be possible for a society to enter into partnership with any other business organisation other than a society . Hence it is, considered necessary to make a provision for enabling a society to collaborate with business organisations other than a society, and that such collaboration should be permitted only to the extent of collaboration with Government under- takings or any undertaking - approved by the State Government for carrying on any specific business, including industrial investment, financial aid or marketing and management expertise .
For this purpose new section 21A is proposed to inserted .
Clause- 8.-By this clause new section 20A is proposed to be inserted to provide for deregistration of a society. Section 20 provides for cancellation of registration of a society in the circumstances mentioned therein . However there is at precent no provision for registration of a society in cases where registration has been given on misrepresentation by the applicants orwhere the work of the society is complete and exhausted and there is no activity for the society or the purpose for which the society has been registered, is not served . The only course available. in such cases was therefore to initiate proceeding for liquidation of the society which involves lengthy and time - consuming procedure . Therefor , it is considered necessary to make a provision for de - registration of a Society to which any of the aforesaid description apply . This provision is proposed tobe made in Section 20A .
Clause- 11-It is proposed to amend section 24 which provides that no society shall ,without sufficient cause , refuse admission of membership to any person duly qualified therefor. In case such refusal , it also provides for an appeal to the Registrar . Despite these provisions , certain societies indulge in refusal to accept the application for membership and membership fees and consequently the question of refusal of membership does not arise so as to attract the provisions of present section 24. With a view to check this tendency on the part of societies section 24 is proposed to be amended so as to enable the aggrieved party to make an application together with the payment of membership fees to the registrar who shall forward the same to the society and if the society fails to take any decision in respect of such application within a period of three months from the receipt thereof the applicant shall be deemed to have been admitted to the membership of the society.
INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-1996
PART V ]
[ 15-9
Clause- 15. It is proposed to insert section 45 -A which provides for limit on interest in certain cases . That section now provides clearly that where the loan is advanced by a society including a society doing business, of banking it shall not , in any manner whatsoever , recover interest on such loan in excess of the amount of the principal of the loan .
Clause - 17.--By this clause, it is proposed to amend section 50 which provides for reduction from salary of an employee by the employer, if an employee has executed an agreement in favour of the society for deduction of society's claim from his salary. Instances have come to the notice that although certain employers have made recoveries of dues of the society from the salaries payable to their employees who are members of such society , they have not remitted the amounts deducted by them to the society towards payment of their dues by employers . In this way such employers take the undue advantage of this provision by retaining the amount so deducted for being utilised by them for their business purpose . With a view to check this tendency on the part of these employers it proposed to provide for recovery of interest on the amounts so deducted but not remitted to a society .
Clause- 21.- Under this clause it is proposed to amend section 71 to provide that a society shall not invest more than proportion of its paid up share capital as may be prescribed and shall not make such investment in a society other than the one falling under a classification to which the investing society belongs . This will curb the tendency on the part of certain societies to make undesirable invesments co -operative societies falling under different classification .
Opportunity is also taken to amend some other sections of the Act Which are considered necessary in view of experience gained in the administration of the Act .
Gandhinagar,
PARBATBHAI PATEL , Dated the 11th January , 1996 .
M.LA.
V-Ex- 15-3
INDEX 15-10 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-1996
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 1 (2) .This clause empowers the State Government to bring the Act into force on such date as it may , by notification in the official gazette, appoint .
Clause 2. By this clause section 4 of the principal act is proposed to be amended to take power to the State Government to issue , from time to time , the policy directives or to give previous approval to policy directives to be issued by the Registrar , contravention of which shall disentitle a society to registration .
Clause 3. By this clause section 6 of the principal Act is proposed to be amended whereunder powers have been conferred on the Registrar to determine from time to time , for a class of societies , the minimum number of members a society should consist of, for being entitled for registration by the registrar .
Clause 8. By this clause new section 20 -A is proposed to be inserted . The said new section empowers the State Government to make rules subject to which the official assignee shall release the assets and liquidate the liabilities and also the rules to prescribe the r tion to the official assignee . rumunera-
Clause 11. By this clause section 24 of the principal Art is proposed to be amended inter alia to insert a new sub - section ( IA) , under which the Registrar is empowered to determine the form in which a person may apply for membership of the society .
Clause 14. By this clause new section 33 -Aisadded . Sub-section ( 1) of the said new section empowers the State Government to notify from time to time, a society or class ofsociety which shall furnish each member whith a pass - book under sub -section (1) . New sub - section (1) also empowers the State Government to prescribe other particulars than those prescribed , in the sub - section .
Clause 18.-It is proposed to substitute sub- section ( 1) of section 66 which will require a society to construct its annual financial statement in accordance with the rules to be made in thisbehalf.
Clause 21. By this clause section 71 of the principal Act is proposed to be amended and under the proposed amendment power is taken to the State Government to make rules to provide that no society shall invest more than such proportion of its paid up share capital as may be prescribed ..
Clause 23.-By this clause section 74 is proposed to be amended so as to insert therein sub- section (2) under which the registrar is empowered to prescribe , by a general or special order, published in the Official Gazette , the maximum number of members on the committee of a society or class of societies as may be specified in such order .
The above proposals for delegation of legislative powers are of normal character .
Gandhinagar ,
Dated the 11th January , 1996 .
PARBATBHAI PATEL, M.L.A.
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 29-2-1996
[15-11
FINANCIAL MEMORANDUM
Clause 8 of the Bill provides for insertion of Section 20A in the principal Act . Sub-section ( 4) of this section provides for payment of remuneration and allowances to the official assignee appointed under sub- section (2) of this section . An annual amount of Rs . 60,000/- is estimated to be involved from the Consolidated Fund of the State for this purpose .
Dated the 11th January, 1996 .
PARBATBHAI PATEL, M.L.A. "
Gandhinagar,
Gandhinagar,
V. H. DAVE,
Dated the 29th February , 1996 .
Secretary, Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2.
Extra No. 16
सत्यमेव जयती
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, FEBRUARY 29 , 1996/MAGHA 10, 1917
Vol . XXXVII ]
Separate paging is given to this Part in order that it axy be filed as a separtite compilation .
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was inroduced on the 29th February , 1996 by Shri Madhubhai Bhuva , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information:-
" GUJARAT BILL NO . 16 OF 1996.
THE GUJARAT WIDOWS WELFARE CORPORATION BILL, 1996.
A. BILL
to provide for the establishment of a Corporation for the welfare of widows in the State of Gujarat and for matters connected therewith .
It is hereby enacted in the Forty- Seventh year of theRepublic of India as follows :--
1. (1) This Act may be called the Gujarat Widows Welfare Corporation Act , 1996.
(2) It shall come into force on such date as the State Government may , by notifica- tion in the Official Gazette, appoint .
Short title and commen cement .
2. In this Act, unless the context otherwise requires :-
Defini- tions .
(a) "Corporation" means the Gujarat Widows Welfare Corporation established under section 3;
(8) "Widow" means a female living in the State of Gujarat , who has attained the age of eighteen years and whose husband has died,
(e) "prescribed" means prescribed by rules made under this Act .
16-1
1.16--1
INDEX 16-2
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-96
3. (1) The State Government shall establish a Corporation to be called " The Guja- rat Widows Welfares Corporation" .
Constitu- tion of Согрова-
tion.
(2) The Corporation shall consist of a Chairman and not more than 15 members appointed by the State Governent as follows :-
(a) five members from widows .
(b) five members from women workers in the State.
Y
(c) two members from amongst the members of the Legislative Assembly of the State of Gujarat ; and
(d) the rest shall be from amongst persons having bright records of dedication and self- less service to the widows in the State of Gujarat .
(3 ) The terms and conditions of office of the Chairman and members of the Cor. poration. shall be such as may be prescribed .
1-
4. (1) . The functions of the Corporation shall be:-
Functions ofCor- poration.
(a) to promote economic and social welfare of the widows .
(b) to take all necessary steps (including pension benefits to the widows) to carry on livelihood honourably.
(c) to discharge such other functions as may be prescribed.
(2) The Corporation shall prepare a time bound programme for promotion of alround welfare of widows in consultation with the State Government .
5. (1) The State Government may provide to the Corporation such sum not excee ding fifty lacs of rupees as the State Government may think fit as capital that may be required by the Corporation for the purpose of carrying out its functions, State Govern- ment to provide initial capital.
Provided that where the capital initially provided is less than fifty lacs of rupees the State Government may, from time to time increase the capital to sum not excee ding fifty lacs of rupees .
(2) Such capital may be provided subject to such terms and conditions as may be determined by the State Government .
(3) The capital so provided shall form part of the fund of the Corporation.
6. (1) The Corporation shall have its own fund.
Fund of Corpora- tion.
(2) The Corporation may accept grants, subventions , donations and gifts from the Central or State Government or a local authority or any individual or body of indi- viduals whether incorporated or not , for all or any of the pruposes of this Act .
(3) All sums which may from time to time be paid to it by the State. Government and all other receipts of the Corporation shall be carried to the fund of the Corporation and all payments by the Corporation shall be made therefrom.
(4) The Corporation may spend such sums as it thinks fit for the performance of its functions under this Act , and such sums shall be treated as expenditure payable out of fund of the Corporation .
(5) All moneys belonging to the fund of the Corporation shall be deposited in such bank or invested in Government securities or in such other manner as the State Glove- rnment may, by general or special order, direct .
INDEX 16-3 PART VI
GAZETTE . , EX, 29-2-96
GUJARAT GOVERNMENT
7. For the efficient performance of the Corporation the officers and servants of the Corporation shall be appointed by the Corporation and the pay and allowances and con- ditions of service thereof shall be such as may be presoribed.
Appoint ment of Officers and -Servants
Priority 8. The State Government shall accord top -priority to the Corporation in giving finan- cial assistance required by the Corporation in view of the most urgent task entrusted to it .
9. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act .
Power to make Rules .
(2) The power to make rules conferred by this section shall be subject to the con- ditions of the rules being made after previous publication .
(3) All rules made under this section shall be laid for not less than thrity days be- fore the State Legislature as soon as possible after they are made , and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session inwhich they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be publi- shed in the Official Gazette and shall thereupon take effect ..
STATEMENT OF OBJECTS AND REASONS .
In Gujarat, the exact figure of widows is not avaialble . It is generally found that a large number of women belonging to lower and middle income group of our society become destitute after the death of their husbands who do not leave behind them an adult earning son . Sometimes conditions of such widows become so miserable due to poverty that unscrupulous persons of the society exploit the situation and make their lives disgraceful in the society. It is expedient to liquidate this evil from the society .
The benefit of the Act is to be given to widows irrespective of their caste, creed and religion . The measures and the programme of removing the miserable condition and the details thereof will be worked out by the Corporation . This problem will be solved by a radical, progressive, dynamic and unconventional approach to the problem.
Hence this Bill
Gandhinagar .
MADHUBHAI BHUVA , M.L.A.
Dated the 5th February, 1996.
FINANCIAL MEMORANDUM
Sub-clause (1 ) of clause 5 of the Bill seek to provide to the Corporation such -sum not exceeding fifty lacs of rupees as the State Government may think fit as capital. The Bill would thus involve a 'non -recurring expenditure upto rupees fifty lacs from the Consolidated Fund of the State.
Gandhinagar,
MADHUBHAI BHUVA , M.L.A.
Dated ated the 5th February, 1996 .
INDEX 16-4
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-96
MEMORANDUM REGARDING DELEGATED LEGISLATION.
Clause 1. Sub-clause (2) of clause 1 of the Bill empowers the State Government, by notification in the Official Gazette to appoint a date on which the Act shall come into force.
Clause 3.-(i ) Sub-clause (2) of clause 3 empowers the State Government to appoint Chairman and Members of the Corporation .
(ii) Sub -clause (3 ) of clause 3 empowers the State Government to prescribe the terms and conditions of office of the Chairman and Members ofthe Corporation .
: Olause 4 Sub-clause (1 ) of clause 4 empowerspowers the State Government to prescribe functions other than those prescribed in that sub -clause .
Clause 6. Sub - clause ( 5) of this clause empowers the State Government to direct by the general or special order the other manner in which moneys in the Fund shall be deposited , or invested .
Clause 7. This clause empowers the State Government to prescribe the pay arid allowances and conditions of service of officers and servants of the corporation .
Clause 9. This clause empowers the State Government to make rules for carrying out the purposes of this Act .
The delegation of legislative powers as aforesaid is necessary and is of normal character.
Gandhinagar,
MADHUBHAI BHUVA, M.L.A. " Dated the 5th February , 1996 .
Gandinagar,
V. H. DAVE, Secretary,
Gujarat Legislative Assembly.
Dated the 29th February, 1996 .
GOVERNMENT CENTRAL PARMS , GANDHINAGAR
INDEX Extra No. 17
REGISTERED NO. G/GNR/2
C
1-454 d
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, FEBRUARY 29 , 1996 /PHALGUNA 10, 1917
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART V
Bill Introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 29th February , 1996 by Sh Madhubhai Bhuva, M.L.A. is published under rule 127-A of the Gujarat, Legislative Assembly Rules for general information:-
" GUJARAT BILL NO 17 OF 1996
THE GUJARAT WOMEN PROTECTION FORCE BILL, 1996.
A BILL
to provide for the establishment of the Gujarat Women Protection Force for the
protection of lives , properties and interests of women in the State of Gujarat and for matters connected therewith .
It is here by enacted in the Forty-Seventh Year of the Republic of India as follows:-
1. ( 1) This Act may be called the Gujarat Women Protection Force Act , 1996 .
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force at once .
Shorttitle extent and es- mmenes- ment .
2. There shall be established in each taluka, of the State of Gujarat , a special wing of women police force to be called " the Gujarat Women Protection Force" (hereinafter referred to as "the force " ) , consisting of not less than 25 women headed by a women police inspector and assisted by a women police sub - inspector , for the protection of lives, properties and interests of women in the taluka.
ment of Gujarat Establish Women Protecti force
1
V-Ex.-17-1
INDEX 17-2
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 29-2-96
3. The functions of the force shall be as under,
Functions of force.
(a) to protect women in the event of an assault or attack on them , to protect their lives and properties and to render all necessary and prompt help in such event
(b) to be helpful to women and their children and to render all assistance needed for the implementation of laws enacted for their benefit and welfare- ;
(c) to discharge such other functions as may be prescribed .
Powers of force
4. The force shall have, powers to arrest or detain any person found or apprehended to be dangerous to the life or property of any women or her child and to take suitable action for the welfare of women.
Advisory Committee
5. There shall be formed by the State Government for each Taluka an advisory committee ensisting of seven members selected from amongst the women social workeres of the taluka to assist and advice the force in relation to its functions .
STATEMENT OF OBJECTS AND REASONS
There are 50 percent females in the total population of the state . To tackle. effectively the problems presently facfaced by the educationally and economically and socially backward and exploited females in the state of Gujarat , establishment of a women protection force is a must and a necessity. This Bill seek to achieve the above objects .
MADHUBHAI BHUVA Gandhinagar,
M. L. A.
Dated the 5th February, 1996.
FINANCIAL MEMORANDUM..
Clause 2 of the Bill provides for the establishment of a special wing of women police force in each taluka, and for this purpose , total annual expenditure to involved from the Consolidated Fund of the State is estimated to be. Rs . 25 lacs .
MADHUBHAI BHUVA, Gandhinagar
M. L. A.
Dated the 5th February, 1996.
MEMORANDUM REGARDING DELEGATED LEGISLATION .
Clause 3 (c) of the Bill empowers the State Government to prescribe functions of theGujarat Women Protection Force other than those prescribed in sub-clauses (a) and (b ) of clause 3 .
MADHUBHAI BHUVA Gandhinagar,
M. L. A.
Dated the 5th February, 1996 .
V. H. DAVE ,
Gandhinagar,
Secretary, Gujarat Legislative Assembly.
Dated the 29th February, 1996 .
GOVERNMENT CENTRAL PRESS, GANDHIHAGAR
INDEX REGISTERED NO. G/GNR/2.
Extra No. 18
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL XXXVII ]
THURSDAY, MARCH 21 , 1996/CAITRA 1 , 1918
Separate paging is given to this Part in order that it maybe filed as a Separate Compilation.
PART V
Bila introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 21st March, 1996 by Shri Vinendrasinh Zala, Minister of State for Tourism is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :-
THE GUJARAT TAX ON LUXURIES (HOTELS AND LODGING HOUSES) (AMENDMENT) BILL, 1996.
GUJARAT BILL NO. 18 OF 1996
A BILL
further to amend the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977.
It ishereby enacted in the Forty - seventh Year of the Republic of India as follows :-
1.(1) This Act may be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Short title and (Amendment) Act, 1996.
commence- ment.
(2) It shall come into force on such date as the State Government may, by notification in . the Official Gazette, appoint.
Guj . 24 of 1977.
2. In the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977 (hereinafter Amendment of referred to as " the principal Act" ) , in section 2, clause (c) shall be deleted.
section 2 of
Guj. 24 of 1977 .
V-Ex-18-1
18-1
INDEX 18-2 ]
GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-1996 [PART V
3. Inthe principal Act, in section 3,-
Amendment ofsection 3 of Guj . 24 of1977.
(1) in sub-section (1), second proviso shall be deleted;
(2) after sub-section ( 1) , the following new sub- section shall be inserted, namely: -
"(14) If по charge for lodging for the period not exceeding three hours immediately following the check out time of a hotel is levied on a person, then no tax shall be levied and collected from that person in respect of the luxury provided to him for thatperiod.".
4. Inthe principal Act, in section 4,
Amendment of section 4 ofGuj . 24 of1977.
(1) sub - section (3) shall be deleted;
(2) for sub-section (4), the following shall be substituted , namely :
"(4) 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 . " .
5. In the principal Act, in section 5, in sub -section (1 ) , for the words " eight days " , the words " fifteen days " shall be substituted.
Amendment of section 5 of Guj . 24 of1977
C. In the principal Act . in section 10,--
Amend of section 10 of Guj . 24 of1977.
(1) in sub -section ( 1), after the words "suo metu ", the words " or on an application made in that behalf " shall be inserted;
(2) for sub -sections (2) and (2A), the followingshall 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 designated officer, as the case may be , 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 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 of injunction of any Civil Court;
shall be excluded . " .
INDEX PART V ]
[18-
GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-1996
7. In the principal Act, in section 13, in sub - section (1); for the words " one thousand Amendment of rupees " , the words " ten thousand rupees " shall be substituted.
1 section 13 of Guj . 24 of1977.
8. In the principal Act, after section 20, the following new sections shall be inserted, namely:
Insertionof new sections 20A, 20B and 20C in . Guj ,24 of1977.
Power to reduce tate oftax,
" 20A. ( 1) The State Government mar, by notification in the Official Gazette, reduce any rate of tax specified in sub - section ( 1) of section 3 of theAct.
(2) Every notification issued under sub-section (1) shallbe 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 inwhich 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 public interest, by notification in the Official Gazette, exempt 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 condition , may be specified therein.
:
(2) Every notification issued under sub- section ( 7 ) 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 Legislatue 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.
Liability to pay tax in event of breach of conditions of exemption .
20C. (1 ) Where any person to whom luxury is provided in a hotel or class of hotels is exempted under section 20B from the whole or any part ofthe tax subject to any condition , then, is 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) If the Collector has reason to believe that the proprietor is liable to
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 hability under this section or to
produce such evidence as is specified in the notice . On the date specified.
pay tax under sub-section (1 ), the Collector shall serve on the proprietor a in the notice, or as soon as may be, thereafter the Collectór shall, after considering all the evidence which may be produced, assess to the best of his judgement, the amount of tax so due. " .
e
INDEX 18-4]
GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-1996
[ PART V
STATEMENT OF OBJECTS AND REASONS .
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 29th July, 1995, it is considered necessary to amend the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977.
The following notes on clauses explain the important provisions of the Bill :-
Clauses 2 and 4.-- ( i) Under the existing provisions of sub- section (3) of section 4 of the said 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 proposed to levy tax on the actual charge of lodging paid by the person. Hence it is proposed by these clauses to delete clause(c) ofsection 2 and sub- section (3) of section4.
(ii) Sub-section (4) of section 4 proposed to be substituted by sub -clause ( ii) of clause 4 also provides that when luxury provided in a hotel for specified number of persons is shared by persons more than such specified persons then , in addition to the tax paid for luxury provided to the specified persons , the tax shall be levied in respect of the charge paid for the additional persons accommodated at a rate at which the tax would have been levied and collected as if the luxury provided in a hotel had not been shared by such additional persons with the specified number of persons.
Clause 3. It has been represented by the proprietors of the hotels that the luxury tax should not be levied for the stay after the check out time particularly when charge of lodging is not collected from such person for such stay. In view of such representations , it is proposed in new sub- section (1A) of section 3 to be lascited by this clause to provide that where charge for lodging for a period not exceeding three hours inimediately following the check out time of a hotel is not recovered from the person, then no tax shall be levied and collected from that person in respect of luxury provided for such short period.
Y
Clause 5.- Sub- section (1) of section 5 proposed to be amended by this clause provides to increase the period of furnishing monthly returns from eight days to fifteen days .
Clause 6.- 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 proposed to be amended by this clause to provide accordingly.
Clause. 7. This clause seeks to amend sub -section (1) of section 13 to provide for increasing the amount of penalty from one thousand rupees to ten thousand rupees.
Clause 8.-This clause proposes to insert new sections 20A, 20B and 20С.
(i ) 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.
(ii) New section 20B empowers the State Government by notification in the Official Gazette, to exempt 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.
(iii) New section 20C makes the proprietor liable to pay luxury tax in event of the breach of. conditions for such exemption.
ThisBill seeks to amend the said Act to achieve the aforesaid objects .
SURESHCHANDRA MEHTA,
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-1996 [18-5
MEMORANDUM REGARDING DELEGATED LEGISLATION .
TheBill involves delegation of the legislative powers in the following respects :-
Clause 1 Sub- clause (2) of this clause empowers the State Government to appoint by notification in the Official Gazette, the date on which the Act shall come into force.
Clause 8.-( i ) Sub -section ( 1) of section 20A proposed to be inserted by this clausė empowers the State Government, by notification in the Official Gazette, to reduce the rate oftax specified in sub - section ( 1) of section 3 of the Act.
(i) Sub-section(1) of section 20B proposed to be inserted by this clause empowers the State Government, by notification in the Official Gazette, to exempt 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. The delegation of the legislative powers as aforesaid is necessary and is of a normal character.
SURESHCHANDRA MEНТА .
Dated the 14th March , 1996.
V. H. DAVE,
Gandhinagar,
Secretary,
Dated the 21st March, 1996 .
Gujarat Legislative Assembly .
V-Ex-18-2
Government Central Press, Gandhinagar .
INDEX Extra No. 19
REGISTERED NO. G/GNR/2.
C
माध्यमेव जमते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
FRIDAY, MARCH 22, 1996/ CAITRA 2, 1918 VOL XXXVII ]
Separate paging is given to this Part in order that s may be filed as a Separate Compilation.
PART V
Bilis introduced in the Gujarat Legistative Assembly .
(To be translated into Gujarati' and, the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT ( SUPPLEMENTARY) APPROPRIATION BILL, 1996.
GUJARAT BILL NO . 19 OF 1996 .
A BILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the 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 may be called the Gujarat (Supplementary ) Appropriation Act, 1996.
from and out Issue of 14,06,65,24,000 of the Consoli- dated Fund the State of Gujarat for financial 1995-96.
Rs . 2. From and out of the Consolidated Fund of the State of Gujarat , there . shallall 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 of thousand four hundred six crores , sixty - five lakhs , twenty- four thousand the rupees towardsdefraying the several charges which will come in course of year 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 ..
19-1
V- Ex-19-1
INDEX 19-2 ]
GUJARAT GOVERNMENT GAZETTE, EX. , 22-3-1996
[ PART V
THE SCHEDULE
(See sections 2 and 3)
No.of
Services and purposes
Vote/ Appro- priation
1
2
Revenue 1 Agriculture , Co- operation and Rural Development Department
2 Agriculture
Revenue
Revenue 3 Minor Irrigation , Soil Conservation and Area Development
Revenue 4 Animal Husbandry and Dairy Development
Capital
5 Co-operation
Revenue
Revenue
Capital 6 -Other expenditure pertainingto Agriculture Co-operation andRural Development Department.
7. Education Department
Revenue
8 Education
Revenue Sums not exceeding
Voted
Total
Charged on the ..
Consolidated Fund
3
3,40,000
3,40,000
6,000
3,000
9,000,
5,44,64,000
5,44,64,000
4,16,91,000
11,000,
4,17,02,000
1,50,00,000
1,50,00,000
2,26,47,000
2.26,47,000
3,12,000
2,12,000
74,22,000
74,22,000
:
19,25,000
19,25,000.
1,11,68,81,000
Revenue 9 Other expenditure pertaining to Education Department
Capital
12 Energy Projects
Revenue
4,81,85,000
1,16,50,66,000
55,10,000
55,10,000
2,000
2,000
3,87,20,00,000
Capital 13 Other expenditure portaining to Energy and Petro - Chemicals Department
14 Finance Department
Revenue
15 Tax Collection Charges (Finance Department)
Revenue
3,87,20,00,000
3,94,000
3,94,000
40,63,000
40,63,000
3,30,77,000
16 Treasury andAccounts Administration
Revenue
3,30,77,000
2,19,16,000
17 Pension and Other Retire- mentBenefits
Revenue
32,000
2,19,98,000
1,18,34,00,000
Revenue 18 Other expenditure pertain- ing to Finance Department
Capital
1,18,34,00,000
27,000
27,000
31,35,38,000
19 Repayment of Debt pertaining to Finance Department and its servicing
Revenue
Revenue
31,35,38,000
17,33,09,000
17,33,09,000
36,28,000
20 Food and Civil Supplies Department
21. Civil Supplics
Revenue
36,28,000
77,47,44,000
INDEX
77,47,44,000 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 22-3-1996
No.of
Vote/
Appro- Services and purposes
priation
1
2
22 Food
Revenue
Capital
Capital 23 Other expenditure pertam- ing to Food and Civil Supplies Department
Revenue 24 Forest and Environment Department
25 Forests
Revenue
Capital
26 Environмеди
Revenue
27 Other expendintre pensining to Forest and Environment Department
Capital
28 Governor
Revenue
30 Elections
Revenue .
32 General Adminisization
Revenue .Department
33 Economic Advice and Statistics
Revenue
Revenue 34 Other expenditure pertaining to Geners Administration Department
Revenue 35 State Legislature
36 Loans and Advances to Govern- 'ment Servants in Gujarat Legislature Secretariat
Capital
Revenue 37 Health and Family Welfare Department
38 Medical and Public Health
Revenue
Revenue "39 Family Welfare
40 Water Supply
Revenue
Capital
Revenue 41 Other expenditure pertain- ing to Health and Family Welfare Department
Capital
Revenue 42 Home Department
43 Police
Revenue
44 Jails
'Revenue
INDEX
[ 19-3
Sums not exceeding
Voted
Total
Chargedon the Consolidated Fund
13,90,000
13,90,000
-2,64.000 2,64,000
13,82,000
13,82,000
4,99.000
4.23,27,000
4,28,26,000
12,16,77,000
12,16,77,000
25,32,000
25,32,000
20,66,000
20,66,000
12,53,95,000
12,53,95,000
46,40,000
46,40,000
75,95,000
75,95,000
9,26,02,000
2,000
9,26,04,000
2,50,000
2,50,000
5,53,000
5,53,000
23,48,000
23,48,000
24,84,73,000
40,000
24,85,13,000
9,77,37,000
9,77,37,000
16,00,00,000:
16,00,00,000
30,000
30,000
1,10,05,000
1,10,05,000
52,10,000
52,10,000
50,44,40,000
50,44,40,000
2,37,04,000
2,37,04,000 19-4
?
GUJARAT GOVERNMENT GAZETTE, EX. , 22-3-1996.
No.of
Vote/
Services and purposes.
Appro- priation
1
2
45 Transpon
Revenue
46
Revenue Other expenditure pertain- ingtoHomeDepartment
Capital .
47 Industries and Mines Department
Revenue
48
Revenue Stationery and Printing
49 Industries
Revenue
Capital
50 Mines and Minerals
Revenue
51
Revenue
Capital Other expenditure pertain ingto industries andMines Department
Revenue 52 Information, Broadcasting and TourismDepartment
Revenue
Capitai 55 Other expenditure pertaining to Inormation, Broadcasting and "Tourism Department
Revenue Labour and Employment Department
57
Revenue ' Labour and Employment
58 Other expenditure pertaining to Labour and Employment Department
Capital
59 Legal Department
Revenue
60 Administration of Justice
Revenue
61 Other expenditure pertaining to Legal Department
Capital:
Revenue 64. Narmada and Water Resources Department
65
Capital Narmada Development Scheme
[ PART V.
Sums not exceeding
Voted
Total
Charged on the Consolidated rund
3
44,92,34,000
44,92,34,000
15.000
16,000
92,33,000
92,33,000
11,98,000
11,98,000
2,34,10,000
:
2,34,10,000
21,46,25,000
21,46,25,000
31,01,90,000
31,01,90,000
2,25,00,000
2,25,00,000
1,43,000
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
1,41,99,000
1,42,57,000
26,60,000
26,60,000.
24,70,000
24,70,000
1,70,27,000
4,46,03,000
6,16,30,000
18,59,000
18,59,000
4,75,000
4,75,000.
1,42,40,00,000
66
Revenue
1,42,40,00,000
22,61,09,000
Irrigation and Soil Conservation
Capital
22,79,60,000
18,51,000
49,44,92,000
67
Revenue Other expenditure pertaining to Narmada and WaterResources Department
Capital
1,87,54,000
51,32,46,000
13,08,000
1,89,37,000
2,02,45,000
1,12,55,000
Revenue 68 Panchayats and Rural Housing Department
Revenue 69 Community Development
1,12,55,000
15,60,000 15,60,000
35,10,57,000
70 Rural Housing
Revenue
INDEX
35,10,57,000
27,30,000
10,41,35,000
10,14,05,000 PART V ]
[ 19-5
GUJARAT GOVERNMENT GAZETTE, EX. , 22-3-1996
Services andpurposes
No.of Vote/ Appro- priation
1 2:
Revenue
71 Compensation and Assignments
Revenue
Capital 72 Other expenditure pertainingtoPanchayats andRural Housing Department
Revenue 73 Fisheries
Capital
Revenue 75 Other expenditure
Capital pertaining to Ports and Fisheries Department
Revenue
76 Revenue Department
Revenue
77 Collection Charges pertain- ing to RevenueDepartment
Revenue 78 District Administration
Revenue
80 Dang District
Revenue
81 Compensation and Assignments
82 Other expenditure pertaining to Revenue Department
Capital
Revenue
83 Roads and BuildingsDepartment
Revenue 84 Non-Residential Buildings
Capital
Revenue
85 ResidentialBuildings
Capital
Revenue
86 Roads and Bridges
Capital
Revenue .
87 Gujarat Capital Construction Scheme
Capital.
Revenue 88 Other expenditure pertaining to Roads and Buildings Department
Capital
Revenue 89 Social Welfare and Tribal DevelopmentDepartment
90 State Excise
Revenue
Revenue
91 Social Security and.Welfare
Capital 93 Other expenditure pertaining to Social Welfare and Tribal Development
Department
INDEX 192
Sums not exceeding
Voted
Total Chargedon the Consolidated Fund
3
3,71,75,000
3,71,75,000
1,40,000
2,80,55,000
2,81,95,000
1,10,09,000 1,10,09,000
2,01,42,000
18,000
2,01,24,000
1,50,15,000 1,50,15,000
3,17,000
4,000
3,13,000
7,17,000
7,17,000
84 60 00
84,60,000
1,31,30,000
1,31,30,000
3,45,000
2,26,65,000
2,30,10,000
1,09,25,000 -
1,09,25,000.
5,81,90,000
5,81,92,000
2,000
51,64,000
51,64,000
1,80,000
1,80,000
29,000
7,03,06,000
7,03,35,000
8,52,000
5,86,000
14,38,000
45,15,000
45,15,000
91,000
91,000
71,93,000
16,68,50,000
17,40,43,000
25,50,01,000
44,28,000
25,94,29,000
69,55,000
69,55,000
2,27,13,000
19,02,000
2,46,15,000
29,69,000
1,77,24,000
2,06,93,000
2,35,95,000
2,35,95,000-
7,50,000
7,50,000
2,85,000
2,85,000
5,32,49,000
60,09,000
5,92,58,000
24,77,000
24,77,000 19-6]
GUJARAT GOVERNMENT GAZETTE, EX. , 22-3-1996
Services and purposes
No.of Vote/ Appro- priation
1
2
Revenue 94 Special Component Plan for Scheduled Castes
Capital
95 Tribal Area SubPlan
Revenue
Capital
Revenue 96 Urban Development and Urbar HousingDepartment
97 UrbanHousing
Revenue
Capital
98 Urban Development
Revenue
Capital
99
Revenue Compensation,Assignment and TaxCollectionCharges
100 Other expenditure pertainingto Urban Development and Urban Housing Department
Capital
Revenue 101 Youth Services and Cultural Activities Department
Revenue 102 Youth Services and Cultural Activities
Capital 103 Other expenditure pertaining to Youth Services and CulturalActivities Department
Revenue
{ PART V
1
Sums not exceeding
Voted
Total Chargedon the Consolidated Fund
3.
1,000
1,000
1,000
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
2,27,25,000
3,56,03,000
3,56,03,000
2,20,56,000
2,20,56,000
7,64,00,000
7,54,00,000
9,96,000
9,96,000
70,000
70,000
9,44,000
9,44,000
5,76,000
5,76,000,
10,34,32,68,000
Total :
Capital,
GrandTotal :
52,36,10,000 10,86,68,78,000
3,17,21,21,000
2,75,25,000
3,19,96,46,000
13,51,53,89,000
INDEX
55,11,35,000 14,06,65,24,000 PART VI GUJARAT GOVERNMENT GAZETTE, EX. , 22-3-1996
[19-7
STATEMENT OF OBJECTS AND REASONS .
This Bill is introduced in pursuance of article 204 of the Constitution of India read with article 205 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expenditure on certain services and purposes in relation to the financial year ending on the thirty- first day of March , 1996.
The amounts are shown below :-
(a) Revenue Expenditure
(b) Capital Expenditure
Total
Dated the 21st March, 1996 .
Rs . 10,86,68,78,000
Rs . 3,19,96,46,000
Rs. 14,06,65,24,000
VAJUBHAI VALA
By order and in the name of the Governor of Gujarat,
SMT . K. R. TRIVEDI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 22nd March 1996.
Government Central Press , Gandhinagar.
INDEX REGISTERED NO. G/GNR/2.
Extra No. 20
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY , MARCH 25, 1996 / CAITRA 5 , 1918
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :--
THE BOMBAY STAMP ( GUJARAT AMENDMENT) BILL, 1996 .
GUJARAT BILL NO . 20 OF 1996 .
A BILL
further to 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 . of Schedule 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 .
20-1
V-Extra- 20-1
INDEX 20-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
[ PART V
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend Article 6 of Schedule - I to the Bombay Stamp Act, 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 16th February, 1996 .
Dated The 25th March , 1996 .
ASHOK BHATT
By order and in the name of the Governor of Gujarat,
Smt . K. R. TRIVEDI , Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar , dated the 25th March, 1996 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2 -Extra No. 21
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, MARCH 25, 1996/CAITRA 5, 1918 VOL XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bilis hatroduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under : the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE BOMBAY MOTOR VEHICLES TAX ( GUJARAT AMENDMENT) BILL, 1996 .
GUJARAT BILL NO . 21 OF 1996 .
A BILL
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 :-
Shofttitle and commen- cement .
1. (1 ) This Act may be called the Bombay Motor Vehicles Tax ( Gujarat Amendment) Act, 1996.
(2) It shall come into force on the 1st April , 1996 .
Bom. LXV of 1958 .
1958 .
2. In the Bombay Motor Vehicles Tax Act , 1958 , in section 3A, in Amendment of sub- section ( 1 ) , in the Table , in entry 2, against clause (a ) , for the figures Bom . LXV of "3600 " , the figures " 3000 " shall be substituted .
21-1
V-Extra-21-1
INDEX 21-2 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend section 3A of the Bombay Motor Vehicles Tax Act, 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 16th February , 1996..
C. K. RAULJI Dated the 25th March , 1996 ..
By order and in the name of the Governor of Gujarat ,
SMT.K. R. TRIVEDI , Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department,
Gandhinagar, dated the 25th March , 1996 .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR. 、
INDEX REGISTERED NO. G/GNR/2.
Extra No. 22
C
-24333
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY , MARCH 25, 1996 / CAITRA 5, 1918 Vol . XXXVII ]
Separate paging is given to this. Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported ) :
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :--
THE GUJARAT SALES TAX (AMENDMENT) BILL, 1996.
GUJARAT BILL NO . 22 OF 1996 .
ABILL
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 may be 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 Part A,
1 of. 1970.
Amendment of Schedule II , Part-A ofGuj . 1 of1970.
(1) inthe 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;
V-Extra- 22-1
22-1
INDEX 22-2 ] .
GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1996
[ PART V
(4) in the entry at serial No. 91, in columns 3 and4, for the words " Eleven paise in the rupee " , the words "Ten paise 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 " shall be substituted ;
(9) in the entry at serial No. 121 , in colurans 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 rupce " , the words " Four paise in the rupee" shall be substituted;
(11) in the entry at 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 ( ii), 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.
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend certain entries in Schedule II , Part A of the Gujarat Sales Tax Act, 1969 with a viewto giving effect to the proposals contained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 16th February , 1996 .
Dated the 25th March, 1996 .
VAJUBHAI VALA,
By order and in the name of the Governor of Gujarat,
Smt . K. R. TRIVEDI ,
Gandhinagar, dated the 25th March , 1996.
Secretary to the Government of Gujarat , Legislative and Parliamentary
Affairs Department.
INDEX
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
REGISTERED NO. G/GNR/2.
Extra No. 23
C
***
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, MARCH 25, 1996 / CAITRA 5, 1918
Vol. XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PARTV
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules.-
THE GUJARAT APPROPRIATION BILL, 1996.
GUJARAT BILL NO . 23 OF 1996 .
ABILL
to authorise payment and appropriation of certain 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, 1997.
It is hereby enacted in the Forty- seventh Year of the Republic of India as follows:-
Shorttitle.
1. This Act may be called the Gujarat Appropriation Act, 1996.
Withdrawl of Rs .
1,22,52,86,81,000 and out of the Consolidated Fund of for the financial year the State of Gujarat 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 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 of payment 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. Fundofthe State ofGujarat by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year .
23-1 .
V-Extra-23-1
INDEX 23-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
[ PART V-
SCHEDULE
( See Section 2 and 3 )
Services and Purposes No. of Vote/ Appro- priation
1
2
Revenue 1 Agriculture , Co - operation and Rural Development Department
2 Agriculture
Revenue Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
2,68,04,000
2,68,04,000
2,82,56,94,000
Capital
Revenue
Capital 3 Minor Irrigation , Soil Conservation and Area Development
Revenue
Capital 4 Animal Husbandry and Dairy Development
Revenue 5 Co - operation
2,82,56,94,000
37,86,11,000
37,86,11,000
1,03,50,000
1,03,50,000
39,03,17,000
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
Revenue 7 Education Department
8 Education
Revenue
12,62,85,000
3,25,00,000
3,25,00,000
1,56,60,000
1,56,60,000
19,21,83,60,000 .
Capital
Revenue
Capital 57,61,00,000 19,79,44,60,000
5,20,000
5,20,000
5,77,54,000
5,77,54,000
32,02,32,000
9 Other expenditure pertaining to Education Department
Revenue 10 Energy and Petro- Chemicals Department
INDEX
32,02,32,000
163,75,000
63,75,000 PART V ]
[23-3
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
Services and Purposés No. of Vote/ Appro- priation
2
1
Revenue Sums not exceeding
Total Voted
Charged on the Consolidated Fund
3
3,49,35,000
3,49,35,000
11 Tax Collection Charges (Energy and Petro- Chemicals Department )
3,45,52,00,000
3,45,52,00,000
Revenue 12 Energy Projects
1,95,57,00,000
1,95,57,00,000
Capital
2,22,97,000
2,22,97,000
Capital 13 Other expenditure pertaining to Energy and Petro - Chemicals Department
Revenue 14 Finance Department
3,26,50,000
3,26,50,000
Capital
Revenue
34,27,09,000
34,27,09,000
15 Tax collection Charges (Finance Department )
23,02,82,000
Revenue 23,02,82,000
16 Treasury and Accounts Administration
Revenue
3,98,61,55,000
3,98,56,55,000
17 Pension and Other Retirement Benefits
5,00,000
Revenue 8,32,01,65,000
Capital 18 Other expenditure pertaining to Finance Department
Revenue
Capital 19 Repayment of debt pertaining to Finance Department
8,32,01,65,000
1,00,000
2,94,25,000
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
Revenue 3,78,95,000
20 Food and Civil Supplies Department
Revenue
95,84,06,000
95,84,06,000
21 Civil Supplies
Capital
INDEX
3,000 3,000 23-4 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
No. of
Vote/
Services and Purposes Appro-
priation
1
2
Revenue 22 Food
Capital
23- Other expenditure pertaining to Food and Civil Supplies Department Capital
Revenue 24 Forest and Environment Department
Revenue
25 Forest
Capital
Revenue 26 Environment
Capital 27 Other expenditure pertaining to Forest and Environment Department
Revenue 28 Governor
Revenue
29 Council of Ministers
Revenue
30 Elections
Revenue 31 Public Service Commission
Revenue 32 General Administration Department
Revenue 33 Economic Advice and Statistics
Revenue
Capital 34 Other expenditure pertaining to General Administration Department
INDEX
[ PART V
Sums not exceeding
Total Voted
Charged
on the Consolidated Fund
3
7,10,29,000 7,10,29,000
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
90,54,67,000
90,54,67,000
3,84,00,000 3,84,00,000
1,07,47,000 1,07,47,000
99,91,000
99,91,000-
2,45,75,000
2,45,75,000
19,91,09,000 19,91,09,000.
-1,75,30,000 1,36,75,000
38,55,000
11,32,25,000 11,32,25,000
5,42,69,000
5,42,69,000
83,44,66,000
83,44,66,000
1,86,37,000
1,86,37,000 PART V ]
[23-5
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
Services and Purposes
No. of Vote/ Appro- priation
2
1
Revenue
35 State Legislature
Capital 36 Loans and Advances to Government Servants in Gujarat Legislature Secretariat`
Revenue 37 Health and Family Welfare Department
Sums not exceeding
Total Voted
Charged on the Consolidated Fund
3
4,01,000 4,44,30,000 4;40,29,000
28,35,000 28,35,000
2,34,90,000 2,34,90,000
3,69,70,41,000
3,69,70,41,000
Revenue 38 Medical , and Public Health
Revenue
39 Family Welfare
Revenue
40 Water Supply
75,29,45,000 75,29,45,000
81,47,30,000 81,47,30,000
95,30,00,000 .
95,30,00,000
Capital
Revenue
41 Other expenditure
:
pertaining to Health and Capital Family Welfare Department.
Revenue
42Home Department
Revenue 43 Police
62,29,58,000 .
62,29,58,000
5,53,20,000
5,53,20,000
2,18,05,000 2,18,05,000
3,78,88,07,000
3,78,88,07,000
Revenue 44 Jails
Revenue
45 Transport
Revenue
Capital.
46 Other expenditure pertaining to Home Department
Revenue 47 Industries and Mines Department
13,96,65,000 13,96,65,000
91,97,45,000 .
91,97,45,000
1,50,000 18,18,69,000 18,17,19,000
13,49,95,000 13,49,95,000
1,31,10,000
1,31,10,000
27,78,70,000
Revenue 27,78,70,000
48 Stationery and Printing
INDEX 23-6 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
No. of
Services and Purposes Vote/ Appro- priation
1
2
49 Industries
Revenue
[ PART V
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
1,00,17,85,000
1,00,17,85,000
Capital
1,18,91,75,000
50 Mines and Minerals
Revenue
Revenue 51 Other expenditure
Capital pertaining to Indusries and Mines Department
52 Information , Broadcasting Revenue and Tourism Department
Revenue 53 Information and Publicity
54 Tourismi
Revenue
Capital
Revenue 55 Other expenditure
Capital pertaining to Information , Broadcasting and Tourism Department
Revenue 56 Labour and Employment Department
Revenue 57 Labour and Employment
1,18,91,75,000
10,51,80,000
10,51,80,000
1,33,35,000
1,33,35,000
1,65,52,000
1,65,52,000,
37,75,000
37,75,000
16,64,95,000
16,64,95,000
4,68,90,000
4,68,90,000
26,00,000
26,00,000
1,33,25,000
1,33,25,000
46,60,000
46,60,000
80,57,000
80,57,000 .
59,26,14,000
Capital
58 Other expenditure pertaining to Labour and Employment. Department
Capital
Revenue 59 Legal Department
Capital
Revenue 60 Administration of Justice
59,26,14,000
25,000
25,000
1,15,90,000
1,15,90,000
1,27,00,000
1,27,00,000
25,000
25,000
45,53,06,000
INDEX
7,61,25,000 53,14,31,000 PART V ]
GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
Services and Purposes No. of Vote/ Appro- priation
1
2
Revenue
[23-7
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
1,75,45,000
1,75,45,000
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
82,92,000
82,92,000
92,70,000 92,70,000
3,01,000
3,01,000
2,31,70,000 2,31,70,000
11,07,70,44,000
Capital 11,07,70,44,000 ,
65 Narmada Development Scheme
Revenue 5,85,04,56,000
66 Irrigation and Soil Conservation
Capital
5,85,04,56,000
2,42,76,60,000
Revenue
Capital 67 Other expenditure pertaining to Narmada and Water Resources Department.
Revenue.
68. Panchayats and Rural Housing Department
69 Community Development
2,42,76,60,000
13,00,000 13,00,000
5,00,33,000 5,00,33,000
1,41,50,000
1,41,50,000
Revenue 1,03,94,30,000
1,03,94,30,000
Revenue 23,52,50,000
70 Rural Housing
Capital
INDEX
84,64,21,000 61,11,71,000
3,92,00,000 3,92,00,000.
23-8 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1996
Services and Purposes No. of Vote/. Appro- priation
2
1
[ PART V
Sums not exceeding
Total Voted
Charged on the Consolidated Fund
3
23,07,35,000 23,07,35,000
Revenue
71 Compensation and Assignments
Revenue
72 Other expenditure .
pertaining to Panchayats Capital and Rural Housing Department
Revenue 73 Fisheries
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 8,89,76,000
Capital
Revenue
41,59,000 41,59,000
35,73,000 35,73,000
Capital
74 Other expenditure pertaining to Ports and Fisheries Department
Revenue
75 Revenue Department
Revenue
76. Tax Collection Charges (Revenue Department )
Revenue 77 District Administration
Revenue
3,73,80,000 3,73,80,000
34,05,38,000 34,05,38,000
34,51,90,000 34,51,90,000
1,39,36,00,000
1,39,36,00,000
Capital
78 Relief on Account of Natural Calamities
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
15,07,11,000 15,07,11,000
13,61,95,000
23,00,000
13,38,95,000
35,00,000 26,00,000
54,50,000
1,000
54,49,000
2,64,22,000 2,64,22,000
2,68,80,000 2,68,80,000 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
[23-9
Sums not exceeding
Voted
Total :
Services and Purposes .
No. of Vote/ Appro-
priation
Charged on the Consolidated Fund
3
2
1
3,12,000 1,12,57,57,000
1,12,54,45,000
Revenue
83 Non -Residential Buildings
63,89,36,000
Capital 63,89,36,000
Revenue
44,77,14,000
44,77,14,000
84 Residential Buildings
15,12,76,000
15,12,76,000
Capital
2,72,38,53,000
Revenue 2,72,38,53,000
85 Roads and Bridges
52,22,18,000
Capital 52,22,18,000
Revenue
3,01,20,000
3,01,20,000
Capital
7,05,00,000 86 Gujarat Capital Construction Scheme
7,05,00,000
7,70,50,000
Revenue
7,70,50,000
2,85,23,000
2,85,23,000
Capital
87 Other expenditure pertaining to Roads and Buildings Department '
1.
1,25,20,000
1,25,20,000
88 Social Welfare 'and Tribal Revenue Development Department
Revenue
2,79,45,000 se
2,79,45,000
1,06,52,13,000
33,00,000
1,06,19,13,000
Revenue
2,24,10,000
Capital
2,24,10,000
90 Social Security and Welfare
:
30,56,20,000
30,56,20,000
Revenue
57,15,000
57,15,000
91 Welfare of Scheduled Tribes
Capital
-
1,00,59,000
1,00,59,000
Capital
92 Other expenditure pertaining to Social Welfare Department
1,25,05,68,000
Revenue
1,25,05,68,000
8,62,36,000
8,62,36,000
93 Special Component Plan for Scheduled Castes
Capital
3,28,53,19,000
3,28,53,19,000
94 Tribal Area Sub Plan
Revenue
1,15,67,00,000
1,15,67,00,000
Capital
INDEX 23-10 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
No. of
Services and Purposes Vote/ Appro- priation
1
2
Revenue 95 Urban Development and Urban Housing Department
96 Urban Housing
[ PART V
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3.
86,86,000
86,86,000
10,78,60,000
Revenue Capital 19,31,08,000 30,09,68,000
5,34,30,000
97 Urban Development
Revenue
5,34,30,000
69,40,04,000
Capital
69,40,04,000
26,00,00,000
Revenue
26,00,00,000
28,53,00,000
98 Compensation , Assignment and Tax Collection Charges
Revenue 16,01,03,000 44,54,03,000
Y
1,34,73,000
Capital
1,34,73,000
40,64,000
99 Other expenditure pertaining to Urban Development and Urban Housing Department
Revenue
40,64,000
37,85,000
1
100 Youth Services and Cultural Activities Department
Revenue
37,85,000
11,60,03,000
101 Youth Services and Cultural Activities .
Capital
11,60,03,000
>
24,92,000
102 Other expenditure pertaining to Youth Services and Cultural Activities Deparment
Revenue
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
INDEX
22,02,36,08,000 1,22,52,86,81,000 [23-11 GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1996 PART V ]
STATEMENT OF OBJECTS AND REASONS
Article 204(1) of the Constitution of India requires that as soon as may be after the grants have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet-
(a) the grants so made by the Assembly, and
(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the Statement previously laid before the Legislative Assembly.
TheBill accordingly specifies the gross amount required to meet grants made by the Assembly and the expenditure charged on the Consolidated Fund of this State for the financial year ending on the 31st March, 1997.
Rs .
The amount are shown below :-
93,35,55,46,000
(a) Revenue Expenditure
29,17,31,35,000
(b) Capital Expenditure
Total
1,22,52,86,81,000
VAJUBHAI VALA.
Dated the 25th March, 1996 .
By order and in the name of the Governor of Gujarat,
Smt . K. R. TRIVEDI,
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 25th March, 1996 .
GOVERNMENT CENTRAL, PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2.
Extra No. 24
C
: -48 R
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ]
MONDAY, MARCH 25, 1996 / CAITRA 5, 1918
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART.V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 25th_March , 1996 by Shri Ashok Bhait, Minister for Revenue, is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information :
THE BOMBAY LAND REVENUE CODE
(GUJARAT AMENDMENT ) BILL , 1996 .
GUJARAT BILL NO . 24 OF 1996 .
ABILL
further to amend the Bombay Land Revenue Code, 1879 .
It is hereby enacted in the Forty- seventh Year of the Republic of India asfollows: -
title
Short and ..
1. (1) This Act may be called the Bombay Land Revenue Code (Gujarat Amendment) Act, 1996.
commencem ent.
(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette, appoint.
Amendment of section48 ofBom . V of 1879.
2. In the Bombay Land Revenue Code, 1879 (hereinafter referred to as Bom. V of 1879. "the principal Act " ), in section 48, after sub-section (2), the following new sub -section shall be inserted , namely:--
24-1
V-Ex - 24-1 .
INDEX 0
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
24-21
"(2A) Where any land åssessed for any purpose is used for bonafide industraial 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 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 the bonafide industrial purpose is commenced, by such authority and subject to such rules as the State Government may prescribe in this behalf . " .
Insertion ofnew section in Bom .
3.In the principal Act, after section 65A, the following new section shall be inserted , namely: -
V of18
" 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 pur- pose is,-
President's Act
No. 27 of 1976 .
(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
(ii) situated in the area where no plan or scheme referred to in sub - clause (i) is in force , and
(b) the occupant of such land wishes to use such land or part thereof-
(I) for a bonafide industrial pupose other than the purpose of manufac- ture 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 fulfil- ment 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. 27 of 1976 .
(i) is not snown as reserved for a public purpose in any draft or final development plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Develop- ment Act , 1976,
INDEX [24-3 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
(ii) is not notified for acquisition under the Land Acquisition 1 of 1894. Act, 1894 or any other 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 ;
(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 fulfil- ment of the following condition in addition to the conditions men- tioned in sub - clause (I) , namely: -
such land or part thereof is not situated within two kilometres from the boundary of, - ,
7 of 1904.
(i) an ancient monument declared as ' protected monument' under sub-section (I ) of section 3 of the Ancient Monuments Preservation Act, 1904;
Guj . 25 of 1965.
(ii) an ancient 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 , 1965;
XVI of 1927 .
(iii) a forest land or waste land declared as ' reserved forest land' under section 3 of the Indian Forest Act , 1927;
XVI OF 1927 .
(iv) a forest land or waste land known as ' protected forest' under section 29 of te Indian Forest Act , 1927;
53 OF 1972 .
(v) an area declared as ' sanctuary ' under sub - section ( 1 ) of section 18 of the Wild Life (Protection) Act , 1972; or
53 OF 1972 .
(vi) an area declared as ' national park ' under section 35 of the Wild Life (Protection) Act , 1972 ..
INDEX 24-4 ]
[ PART V GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
!
(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 Government or any corporation owned or controlled by such Government, Government Company , local authority or statutory 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 industrial purpose under sub -section ( 1) , he shall within thirty days from the date of commencement of the use of land for a bonafide industrial 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 Collec- tor , 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 -sec- tion (1 ) , he shall issue a certificate to that effect to the occupant in such form andwithin such period as may be prescribed by rules made under this Act,
(b) is not so satisfied , he shall, after giving the occupant an oppor- . tunity of being heard, refuse to issue such certificate:
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 par- ticulars to the Collector undèr 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 condi- tions specified in sub - section (1) , òr
(ii) Where a certificate is refused to the occupant under clause (b). of sub -section (3 ) ,
INDEX [24-5
GUJARAT GOVERNMENT GAZETTE , EX:, 25-3-1996 PART V ]
he shall be liable , in addition to the payment of non- agricul- tural 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 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 exceed- ing one hundred rupees per hectare or part thereof of land not so restored for each day during which such land is not re- stored 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 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 to the Collector sent by him 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 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 a addition to non- agricultural assessment 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 he commences industrial activity or, as the case may be , commences production of goods or providing services .
V-Ex-24-2
INDEX [ PART V 24-6]
GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
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 Parf 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 industrial business or enterprise , carried on by any person and in- cludes construction of industrial buildings used for the manufactur- ing process or purpose , or power projects and ancillary industrial usage like research and development, godown , canteen, office build- ing of the industry concerned, or providing housing accommodation to the workers of the industry concerned, or establishment of in- dustrial estate including a co - operative estate or service industry or tourism or cottage industry .
Explanation II.- For the purposes of this section , an occupant shall
be deemed to have commenced the use of land for a bonafide in- dustrial 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 . " .
4. In the principal Act, in section 67A,-
Y Amendment of section 67A of Bom. V of 1879 .
(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 and sub-section (2A) " shall be substituted;
(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
INDEX PART V
[24-7 GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 25-3-1996
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 in the 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. " .
Amendment of section 214 of Bom . V of 1879.
5. 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 renum- bered, the following clause shall be inserted , namely:
"(h) the form of notice and the particulars to be sent under clause (b ) ofsub -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. " .
INDEX 2481.
[ PART V GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
STATEMENT OF OBJECTS AND REASONS
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 enterpreneurs to start industries in the Gujarat State, it is proposed 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 petrochemical, 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 ofany roadplan 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 industrty , 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 proposed to be 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 under the Environment (Protection) Act, 1986 are excluded . The said section 65B also seeks to provide for restoration of the 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 proposed .
This Bill seeks to amend the said Code to achieve the aforesaid objects .
ASHOK BHATT
INDEX [24-9 GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
PART V ]
MEMORANDUM REGARDING DELEGATED LEGISLATION
TheBill involves delegation of legislative powers in the following respects:-
Clause 1. Sub- clause (2) of this clause empowers the State Governmentto appoint, by notification in the Official Gazette, the date on which the Act shall come into force .
Clause2. Sub -section (2A) proposed to be inserted in section 48 by this clause empowers the State Government to prescribe by rules the authority by which and the rules subject to which the assessment of land revenue fixed under the Act shall be altered and fixed at a different rate .
Clause 3. -This clause proposes to insert new section 65B .
(i) Clause (b) of sub-section (2) of the new section 65B empowers the State Government to prescribe by rules the form of notice of the date of the commen- cement of use of land for a bonafide industrial purpose along with the particulars. to be sent to the Collector .
(ii) Clause (a) of sub - section (3) of the new section 65B empowers the State Government to prescribe by rules the form in which and the period within which the Collector shall issue a crtificate specified therein.
:
(iii) Clauses (a) and (c) of sub -section (4) of the new section 65B empowers the State Government to prescribe the rule subject to which the Collector may direct the pay ment of such fine not exceeding than that specified under these clauses.
(iv). The proviso to clause (a) of sub-section (5) of the new section 65B empowers the State Government to prescribe by rules the circumstances in which the Collector may extend the period of three years or five years referred to in said clause (a) of sub- section (5) .
Clause 5. Clause (h) which is soughtto be inserted in sub -section (2) of section 214 by this clause empowers the State Governmentto make rules in respect of matters specified in said clause (h) .
2. The delegation of legislative powers as proposed- is necessary and is of a normal character .
:
ASHOK BHАТТ .
Dated the 19th March , 1996.
V. H. DAVE, Secretary, Gandhinagar , Dated the 25th March, 1996 .
Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
V- EX. 24-3-
INDEX Extra No. 25.
REGISTERED NO. G/GNR/2.
C
સ્વછ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ]
MONDAY, MARCH 25, 1996 / CAITRA 5, 1918
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 25th March, 1996 by Shri Ashok Chatt , Minister for Revenue , is published under rule 127-A of the Gujarat Legislative Assembly Ŕules for general information :-
THE GUJARAT TENANCY AND AGRICULTURAL LANDS LAWS
(AMENDMENT) BILL, 1996.
GUJARAT BILL NO. 25. OF 1996 .
A BILL
further to amend the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the BombayTenancy andAgricultural Lands (Vidarbha Region and Kutch Area)
Act, 1958.
It is hereby enacted in the Forty-seventh Year of the Republic of India as follows :-
commencement .
1. (1) This Actmay be called the Gujarat Tenancy and Agricultural Lands Laws (Amendment) Short title and Act,1996.
(2) It shall come into force on such date as the State Government , may by notification in the Official Gazette, appoint.
2. In the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as " the 1948. Bombay Tenancy and Agricultural Lands Act" ), in section43,-
Bom. LXVII of
Amendment of section 43 of Bom . LXVII of 1948.
(1) after sub-section (1B), the following sub- section shall be inserted, namely:---
"(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 Bombay Land Revenue
25-1
V-Extra-25-1
INDEX 25-2]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
Code, 1879 for use of such land for a bonafide industrial purpose may, notwithstanding Bom. V anything contained in sub- section (1) of this section, be sold without the previous sanction 1879. of the Collector under sub-section (1) but subject to payment of such amount as ray be determined by the State Government under sub-section . (1). " ;
(2) insub-section(2) , after the words , brackets and figure " sub-section (1 ) " , the words, brack-- ets ,figure and letter " or sub - section ( IC) " shall be inserted.
Insertion of new section in Bom . LXVII of 1948.
3. In the Bombay Tenancy and Agricultural Lands Act, after section 63A, the following new section shall be inserted , namely: ..
:
of Sale of land for bonafide in- dustrial purpose permitted cer- taincases.
for which no permission is required under sub -section (1) of section 65B of the Bombay Land "63AA. (1) Nothing in section 63 shall prohibit the sale or the agreement for the sale of land Bom , V Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose:
Providedthat
1976. 33 of (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,
(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 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 authority under that law, shall not be taken into account for the purpose of computing four times the area ,
1879. .(a) where the land proposed to be sold is owned by a person belonging to the Scheduled Bom . V 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 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 ofsuch purchase in such form alongwith such other particulars as may be prescribed, to the Collector and endorse a copy thereof to theMamlatdar:
(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.
INDEX PÁRT VJ
GUJARAT GOVERNMENT GAZETTE, EX. , 25-3-1996
[ 25-3
(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 makingsuch 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 effectto the purchaser in such form and within such time as may be prescribed,
(i) is not so satisfied , he shall , after giving the purchaser an opportunity ofbeing 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 63.
(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 anorder inwriting, authorise in this behalf.
(ii) The StateGovernment or the authorised officer shall , after giving the appellant an oppor- tunity 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 ofgoods or providing of services within five years from such date: Provided that the period of three years or 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 mayby 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 of services within the period specified in clause (b) ofsub-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 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 ." .
4. In theBombay Tenancy and Agricultural Lands Act, in section 82, in sub - section (2), after clause (ka), the following clause shall be inserted, namely:---
Amendment of section 82 of Bom. LXVII of 1948.
"(kaa) 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 ' withinwhich a certificate is to be issued under sub-clause ( i) of clause (c), ofsub -section(3) and the circumstances in which the period may be extended under the proviso to clause (b) of sub -section (4), of section 63AA; " :
INDEX 25-4 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. ,, 25-3-1996
Sau . Ord. XLI of 1949.
5. 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:-
од of Inserti new sec- tion in Sau. Ord XLI of 1949.
Bom. V 1879 .
Sale of Land for bonafide in- dustrial purpose permitted taincases.
"55. (1) Nothing in section 54shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section (1 ) ofsection 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for bonafide industrial purpose:
Providedthat-
1976 . 33 of (a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2of 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 Government may, byanorder inwriting, authorise in this behalf,
:
(c) the area of 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 1879.
(d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe , ine sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 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 mafido 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 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) 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,
(i) is not so satisfied, he shall , after giving the purchaser an opportunity ofbeing 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 .
INDEX PART V ]
[ 25-5 GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
(d) (i) The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub- clause ( ii) ofclause (c) may file an appeal to the State Government or such officer, as it may by anorder inwriting, authorise in this behalf.
(ii) The StateGovernment 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.
(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 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 certificateis issued under sub- clause (i) ofclause (c) ofsub- sec- tion(2) shall commence industrial activity on such land within three years from the date. of certifi- cateand commence production of goods or providing ofservices within five years from such date :
Provided that the period of three years or five years may, on an application made by the purchaser in that belhalf, be extended from time to time, by the State Government or such officer, as itmayby anorder 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) ofsub- 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 ofby the State Government, having regard to the use of land ." .
section 73 of Sau . Amendment of 6. In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , in section73, for sub -sections (2) and (3 ), the following sub - sections shall be substituted, namely: Ord. XLI of 1949.
"(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 section 47;
(c) the conditions subject to which permission to acquire land or interest therein may be granted under section54;
(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 conditions of previous publication in theOfficialGazette..
INDEX 25-6 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1996
[ PART V
(4) All rules made under this section shall be laid before the State Legislature as soon as may , beafterthey 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 Gazette and shall thereupon take effect." .
Amendment of section57 ofBom. XCIX of1958 .
Bom. XCIX cix of 1958.
T 7. In theBombay Tenancy and Agricultural Lands (Vidarbha Region and KutchArea) Act, 1958,(hereinafter referred to as " the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act" ) , in section 57, after sub -section ( 1) , the following sub-section shallbe inserted, naniely:-
1879. "(1A). The land to which sub- section (1) applies and for which no permission is required Bom . V under sub-section ( 1 ) ofsection 65B of the Bombay Land Revenue Code, 1879 foruse of such land forabonafide industrial purpose may , notwithstanding anything contained insub -section (1) ofthis section, be sold without the previous sanction of the Collector under sub- section (1). " .
8. In the BombayTenancy and Agricultural Lands (Vidarbha Region and Kutch Area )Act , after section 89 , the following new section shall be inserted , namely :
Insertion of new section in Bom. XCIX of1958.
Bom . V of1879.
Sale of land for. bonafideindustrial purpose permitted incertaincases.
"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) ofsection 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
of
33 1976.
elaine is not situated within the urban agglomeration 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 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;
of.1879. Bom.V (d) where the landproposed 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) .
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[25-7
(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 .
(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 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 maybe prescribed, i
(i) 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 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 mayby an order in writing, authorise inthis behalf.
(it) 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 indústrial 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 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 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 thatclause, 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 ofby the State Government , having regard to the use of land ." .
i
Amendment of Bom Bom . XCIX of 1958.
9. 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:
INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1996
25-8 ]
"(xix- a) the form of notice and particulars to be sent under clause (a), the rules subject .
towhich 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 (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 OF OBJECTS AND REASONS
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 ofthe 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 proposed to amend those Acts with a view to doing away with bar against sale of land by tenant without the permission of the Collector and the bar against the sale of land by an agriculturist to non- agriculturist without taking permission of the Collector so that the land could be used for a bonafide industrial purpose. However, where the total extent of such land proposed to be 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 proposed provisions, the purchaser is required to comence 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 onpayment of compensation to the purchaser and the Government would be free to dispose itofhaving regard to the use ofland .
This Bill seeks to amend the three Acts to achieve the aforesaid object .
ASHOK BHATT
MEMORANDUM REGARDING DELEGATED LEGISLATION
TheBill involves delegation of legislative powers in the following respects :-
Clause 1. Sub-clause (2) of this clause empowers the State Government to appoint, by notification in the Official Gazette, the date on which the Actshall come into force .
Clause 3.-(1 ) Clause (b ) of the proviso to sub -section (1 ) of new section 63AA proposed to be insertedby this clause in the Bombay Tenancy andAgricultural LandsAct , 1948 empowers the State Government to authorise , by an order, any other officer to grant previous permission to the person towhom the land proposed to be sold exceeds ten hectares .
(2) (1) Clause (a) of sub-section (3) of the new section 63AA empowers the State Government to prescribe by rules the form of notice of purchase of land and the other particulars to be sent to the Collector.
(ii ) Clause (b) of the said sub- section (3 ) empowers the State.Government to prescribe rules subject to which the Collector may direct the payment of fine not exceeding two thousand rupees .
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE EX . , 25-3-1996
[ 25-9
(ii) Sub-clause (i) of clause (c) of the said sub- section (3) empowers the State Government to prescribeby rules the form in which and the time within which the Collector shall issue the certificate specified therein.
(iv) Sub-clause (i) of clause (d) of the said sub-section (3) empowers the State Government to authorise, by an order, an officer to whom an appeal may be filed against the refusal to issue the certificate by the Collector.
(3) The proviso to sub -section (4) of new section 63AA empowers the State Government ---
(i) to authorise, by an order, an officer to extend from time to time , the period of three years or five years referred to in the said sub -section (4), and
(ii) to prescribe by rules the circumstances in which the Collector or the authorised officer may extend the said period .
Clause4.-Clause (kaa) sought to be inserted in sub - section (2) of section 82 by this clause empowers the State Government to provide by rules the matters specified in that section.
Clause 5.-(1) Clause (b ) of the proviso to sub-section (1) of new section 55 proposed to be inserted by this clause in the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Land Ordinance, 1949 empowers the State Government to authorise , by an order, any other officer to grant previous permission to the person to whom the land proposed to be sold exceeds ten hectares .
(2) (i) Clause ( a) of sub -section (2) of the new section 55 empowers the State Government to prescribe by rules the form of notice of purchase of land and the other particulars to be sent to the Collector.
(ii) Clause (b) of the said sub - section (2) empowers the State Government to prescribe rules subject to which the Collector may direct the payment of fine not exceeding two thousand rupees .
(iii) Sub-clause (i) of clause (c) of the said sub- section (2) empowers the State Government to prescribeby rules the form in which and the time within which the Collector shall issue the certificate specified therein.
(iv) Sub- clause (i) of clause (d ) of the said sub-section (2) empowers the State Government to authorise, by an order, an officer to whom an appeal may be filed against the refusal to issue the . certificate by the Collector.
(3) The proviso to sub- section (3) of new section 55 empowers the State Government-
(1) to authorise, by an order, an officer to extend from time to time , the period ofthree years or five years referred to in the said sub -section (3), and
(ii) to prescribe by rules the circumstances in which the Collector or the authorised officer may extend the said period.
Clause 6. Sub-section (2 ) ofsection73 sought to be substituted by this clause empowers the State Government to provide by rules the matters specified in that section..
Clause8.-(1) Clause (b) of the proviso to sub- section (1 ) of new section 89A proposed to be inserted by this clause in the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area)Act, 1958 empowers the State Government to authorise, by an order, any other officer to grant previous permission to the person to whom the land proposed to be sold exceeds ten hectares.
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[ PART V
(2) (i) Clause (a) of sub - section (3) of the new section 89A empowers the State Government to prescribe by rules the form of notice ofpurchase ofland and the other particulars to be sent to the Collector.
(ii) Clause (b) of the said sub-section (3) empowers the State Government to prescribe rules subject to which the Collector may direct the payment of fine not exceeding two thousand rupees .
(iii) Sub-clause (i ) of the clause (c) of the said sub -section (3) empowers the State Government to prescribe by rules the form in which and the time within which the Collector shall issue the certificate specified therein.
(iv) Sub-clause (i) of clause (d) of the said sub- section (3 ) empowers the State Governmentto authorise , by an order, an officer to whom an appeal may be filed against the refusal to issue the certificate by the Collector.
(3) The proviso to'sub-section (4) ofnew section 89A empowers the State Government
(1) to authorise, by an order, an officer to extend from time to time, the period of three years or five years referred to in said sub -section (4) , and
(ii) to prescribe by rules the circumstances in which the Collector or the authorised officer may extend the said period.
Clause 9. Clause (xix-a) sought to be inserted in sub- section (2) of section 118 by this clause empowers the State Government to provide by rules the matters specified in the said clause (xix-a) .
2. The delegation of legislative powers as proposed is necessary and is ofa normal character.
Dated the 18th March, 1996 .
ASHOK BHATT
V. H. DAVE,
Gandhinagar,
Secretary;
Dated the 25th March , 1996 .
Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2 Extra No. 26
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVII ]
WEDNESDAY, MARCH 27, 1996 / CAITRA 7, 1918
Separate paging is given to this Part in order that it maybe filed as a Separate Compilation.
PART V
Billa katroduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 27th March , 1996 by Shri Madhubhai Bhuva , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :-
" Gujarat Bill No. 26 of 1996 .
THE GUJARAT CO - OPERATIVE SOCIETIES (AMENDMENT) BILL, 1996
J
ABILL
further to amend the Gujarat Co- operative Societies Act, 1961.
It ishereby enacted in the Forty Seventh year of the Republic of India as follows:
1. (1) This Act may be called the Gujarat Co - operative Societies (Amendment) Act, 1996 . Short title and Commence- ment .
:
(2) It shall come into force at once.
Amendment of
section 2 ofGuj .
2. In the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as "the principal .Act" ) in section 2, after clause (4), the following clause shall be inserted , namely:
X of 1962 .
"(4A) "Commission" means the Gujarat Co-operative Service Commission constituted
under section156A.
26-1
V-Ex.-26-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
26-2]
3. In the principal Act, in section 76A, in sub -section ( 1) and (2), for the words " previous of approval of the Registrar " , the words " previous approval of the Commission " shall be substituted .
Amendment of, section 76A Guj .X of1962.
4. In the principal Act , in section 76B, after sub - section (2) , the following sub -section shall be added , namely:-
Amendment of section 76B of Guj .X of 1962.
"(3) No order under sub- section ( 1) or (2) shall be made except after consultation with , the Commission " .
5. In the principal Act , after section 156, the following section shall be inserted, namely:-
lusertion of new. section 156A in Guj . X of 1962.
"156A. ( 1) There shall be constituted for the purpose of selection of candidates for appointment in co- operative societies , a commissionto be called the Gujarat Co - operative Service Commission .
Constitution of Co-operativė Service Commission.
(2).The Commission shall consist of a Chairman and not less than two and more than four other members as the State Government may think fit to appoint.
(3) The Chairman of the Commission shall be the person who has been , or is a judge of the High Court or a person who holds or has held a post not below the rank of a Secretary to the StateGovernment .
Y
(4) Members of the Commission shall be person who , in the, opinion of the State Government , have sufficient experience in the field of personnel management and co-operation.
(5) The qualifications and experience of the members of the Commission shall be such as may be determined by the State Government .
:
(6) The Chairman and members of the Commission shall hold office for a term of five years from the date of their appointment and on . ceasing to hold office after the expiration of their term, they shall be ineligible for reappointment as such Chairman and members .
(7) The Commission shall have a Secretary and such other officers and servants as may be required to enable the Commission to discharge its functions under this Act who may be appointed by the State Government .
(8) The salary and allowances and other conditions of services of the Chairman and other members of the Commission and of the Secretary and other officers and servants of the Commission shall be such as the State Government may, by order determine .
(9) It shall be the duty of the Commission to select candidates for appointment in such societies as may be specified by the State Government by notification in the Official Gazette.
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GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-1996.
[26-3
(10) Every society shall consult the Commission:-
(a) on all matters relating to methods of recruitment in society, and
(b) on all disciplinary matters affecting a person serving under the society who is appointed on the recommendation of the Commission.
(11) The procedure to be followed in respect of the selection of candidates and the internal working of the commission shall be such as may be determined by the State Government . "
STATEMENT OF OBJECTS AND REASONS
At present each Co -operative Society selects its employees at its own ways . In order to make Co-operative movement effective in the State and with, a view to avoiding the complaints regarding irregularities and malpractices in the selection of staff of the Co - operative Societies , it is.. considered necessary to establish a Co - operative Service Commission . Moreover, in the matters regarding,disciplinary action , it is also considered necessary to conult the Commission . This Bill seeks, to amend the Gujarat Co - operative Societies Act , 1961 so as to achieve the aforesaid objects .
Gandhinagar,
MAD HUBHAI BHUVA, Dated the 5th February, 1996 .
M.L.A ..
FINANCIAL MEMORANDUM
Sub -section (8) of new section 156-A Proposed to be inserted by clause 5 of the Bill provides for the salary and allowances and other conditions of service of the Chairman, members , officers and Servants of the co - operative service commission . This provision if enccted and brought into operation would involve an estimated annual expenditure of about rupees fifteen lakhs from the Consolidated Fund of the State, out of which about rupees ten lakhs would be of a recurring nature and about rupees five lakhs would be of a non recurring nature .
Gandhinagar,
MADHUBHAI BHUVA, M.LA.
Dated the 5th February, 1996.
INDEX 26-4 ]
[PART V GUJARAT GOVERNMENT GAZETTE, EX . , 27-3-1996
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5:-
(1) Sub- section (5) of new Section 156A proposed to be inserted by this clause empowers the state. Governinent to determine the qualifications and experience of the members of the Co-operative Service Commission.
(2) Sub -section (8) of the said new section 156A, empowers the state government to determine by order the salary and allowances payable to, and other conditions of service of the Chairman , secretary other officers and servants of the commission.
(3) Sub -section (9) of the said new section 156A, empowers the state government to specify, by notification, the societies for which the Commission shall select candidates for appointment in such societies .
(4) Sub-section ( 11) of the said new Section 156A, empowers the State Government to determine the procedure to be followed by the Commission in respect of the selection of candidates and the internal working of the Commission.
The delegation of legislative powers as aforesaid is necessary and is of a normal character.
Gandhinagar,
MADHUBHAI BHUVA, Dated the 5th February, 1996 .
M.L.A. "
V. H. DAVE,
Gandhinagar,
Dated the 27th March, 1996 .
Secretary, Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2.
Extra No. 27
C
ગમ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY, MARCH 27, 1996/ CAITRA 7, 1918
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bilis introduced in the Gujarat Legislative Assembly.
tive The following Bill which was introduced on the 27th March, 1996 by Shri Madhubhai Bhuva , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information : ----
Gujarat Bill No. 27 of 1996 .
THE GUJARAT POPULATION CONTROL BOARD BILL , 1996 .
ABILL
to promote and monitor the population control programme in the State of Gujarat at the grass - root level and for matters connected therewith.
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 Population Control Board Act, .1996 .
Short title, ex- tent, commen- cement and application
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
(4) This Act shall apply to all ' ordinarily residents ' of the State of Gujarat except the nationals holding foreign pass- ports .
2. In this Act, unless the context otherwise requires : -
Defini- tions .
(a) ' Board' in relation to any person means a Taluka Population.Con- trol Board constituted under section 8 of this Act and in whose jurisdiction he or she resides or is employed .
27-1
V-Ex.-27-1
INDEX 27-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
[ PART V
(b) " Chairman" means the Chairman of the Board .
(c) "contraceptive treatment " means and includes I.U.C.D. insertion or any other treatment which would prevent a woman from conceiving for a period of one year from the date of insertion of I.U.C.D. or the date of the treatment ..
(d) "ordinarily resident " means a person who is ordinarily residing in any part of the State of Gujarat for a period of more than six months and includes a person who is in employment for the said period in any part of the State of Gujarat .
(e) " Prescribed " means prescribed by rules made by the State Govern- ment under this Act .
Furnishing of certain infor- mation to the Board .
3. Every person who has two or more children shall , within six months from the commencement of this Act , or within three months from the date on which he gets the second child , whichever is later, furnish to the Board the information regarding the number of his living children ' and such other . particulars as may be prescribed .
Penalty for failing or fur- nishing false information.
4. Any person who fails to furnish the information or who knowingly furnishes false information to the Board as provided in section 3 , shall , on conviction , be punished with fine which may extend to Rs . 1000/- ..
Pursuation and sterilisation for ation
5. ( 1 ) Immediately after getting information , the Board 'shall cause to approach the'nformant and give him full understanding regarding benefits of sterilisation to himself,to the State and to the Nation at large .
(2) If the person gets himself sterilised on pursuation the Board shall give him such incentives either in cash or in kind as may be prescribed.
Sterilisation.
6. ( 1 ) Every person who has three or more living children shall be sterilised at such dispensary or hospital , within such time which shall not be less than 21 days from the date of the receipt by him of the communication from the Board, as may be fixed by the Board :
Provided that in the case of a woman , sterilisation shall not be done at any time after 15 days from the date of the birth of the last child :
Provided further that if the Board is satisfied that a person is not physically fit for undergoing sterilisation operation , it may exempt him from such opera- tion for such period as it may think fit :
Provided also that in such a case the Board may recommend contraceptive treatment to such person .
(2) Every woman who has two living children shall take a contraceptive treatment from such date and for such period as may be recommended to her by the Board .
INDEX [27-3
GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
PART VJ
non sterilisa- Punishment for 7. Every person who fails to get himself sterilised or take contraceptive treatment as required by section 6 without, any valid reason shall , on convic- tion etc, tion , be punished with fine which may extend to Rs . 1000/- and if the failure continues after conviction , with fine of Rs . 5/- for every day on and from. which the failure continues .
tion 8. ( 1 ) The State Government shall constitute a Board for each Taluka in Taluka Popula- the State to be called the Taluka Population Control Board to perform the Board. duties and functions entrusted to the Board under this Act . F
(2) The Board shall consist of the following members , namely :-
(i) Deputy Collector incharge of the Taluka ;
( ii) Mamlatdar of the Taluka;
(iii) Taluka Development Officer of the Taluka Panchayat;
(iv ) Chief Officer of every Municipality in the Taluka;
(v) Secretary of every Nagar Panchayat in the Taluka ;
(vi) District Family Planning Officer;
( vii) Medical Officer of each primary health centre in the Taluka ;
(viii) District Health Officer;
(ix) Five non - official members to be appointed by the State Govern- ment .
(3) The Deputy Collector shall be the ex - officio Chairman of the Board constituted under sub - section (1) .
Bom . LIX of 1949.
(4) Notwithstanding anything contained in sub - section (1 ) , in the case of a taluka where there is a Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act , 1949 , there shall be two Boards one for the area comprising the limits of the corporation and the other for the rest of the area of the taluka and the Board for the area of the corporation shall consist-of-
(i) The Deputy Mayor of the Corporation , who shall be ex - officio Chairman of the Board ;
(ii ) The Deputy Municipal Commissioner ;
(iii) The Chief Medical Officer of the Municipal Corporation ;
(iv) The Family Planning Officer of the Municipal Corporation;
(v) Five non- official members to be appointed by the State Govern- ment;
(5) The term of office and pay and allowances , if any of the members of the Board and the procedure to be followed at the meetings of the Board shall be such as may be prescribed .
(6 ) The quorum at a meeting of the Board for a taluka shall be five and the quorum for a Board for Municipal Corporation shall be three .
9. It shall be the duty of every Board--
Duties of the Board.
(i ) to make within a period of six months from the commencement of this Act such arrangements at such places as may be prescribed for sterilisation and contraceptive treatment of all persons within its jurisdic- tion who under section 6 are required to be sterilised or to take contraceр- . tive treatment ;
INDEX 27-4]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
(ii) to prosecute any person who has committed any offence under this Act , and :
(iii) to take all other measures necessary for the success of the voluntary population control programme involving all sections of society for the acceptance of " small family norm" .
10. Notwithstanding anything contained in the foregoing provisions , this Act shall not apply to-
Non-applicati ori of the provisions of the Act to cer- tainpersons ..
(i) a man who has reached the age of 55 years ;
(ii) a woman who has reached menopause ;
(iii) a person who has already been sterilised and who produces a certificate to that effect from such medical practitioner'as may be recognised by the Board ; and
(iv) in case of a person who has neither a living son nor a real living ,brother nor a living son of a real brother , such person and his wife , till such time as he or his real brother has a son .
Appointment of officers etc.
11. ( 1 ) A Board may with the approval of the State Government appoint . such officers and staff as it may deem necessary :
(2) The pay , allowances and conditions of service of the officers and staff of the Board shall be such as may be prescribed .
Grant to the Board.
12. The State Government shall every year , give to every Board a grant of such amount as may be determined in this behalf .
Board to bear expenses.
13. All expenses in connection with the provisions of this Act and sterilisa- tion and contraceptive treatment of the persons required to be sterilised or to take contraceptive treatment under this Act shall be borne by the Board.
Protection of action taken under the Act.
14. No suit or prosecution or other legal action shall lie against any member , officer or servant of the Board for anything which is in good faith done or intended to be done under this Act or the rules made thereunder .
Powers to make rules..
15. (1 ) The State Government may , by notification in the Official Gazatte , make rules for carrying out the purposes of this Act .,
(2) All rúles made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made , and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following .
(3) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
INDEX PART VJ
GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
[27-5
STATEMENT OF OBJECTS AND REASONS
The census report of 1981 has reported 27.21. % rise in Gujarat population in the last decade . This birth rate is higher than those in all other States of India, and which has direct bearing to development process and will greatly hamper /jeopardise the onward march of our State towards economic . prosperity . If the present birth rate is not controlled effectively right from now, it will be too late to avert unemployment and starvation in the State which is facing scarcity and famine conditions , practically every third year and which is otherwise also a deficit State . To mitigate this , the State Govern- ment has to set up autonomous Board for each Taluka and a separate Board, for the Municipal Corporation where there is such a corporation in a Taluka to control population growth and to promote and monitor the population programme in the State at the grass - root level .
This Bill seeks to achieve this object .
MADHUBHAI BHUVA Gandhinagar,
M.L.A.
Dated the 5th February , 1996;
FINANCIAL MEMORANDUM
To achieve the objects of this Bill and works to be carried out by each Board a substantial amount would be required to be spent by the State Government . For the establishment of the Board for each. Taluka and a separate Board for the Municipal Corporation area where, there is such a corporation in a Taluka , for payment to the members of the Board and the officers and staff of each Board , to make all arrangements for sterilisation and contraceptive treatment and for giving incentives it is necessary to pro- vide for a grant by the State Government to each Board to meet these expenses every year and for that total annual expenditure to be involved from the Consolidated Fund of the State is estimated to be Rs . 5 crores .
Gandhinagar ,
MADHUBHAI BHUVA
M.L.A.
Dated the 5th February , 1996.
MEMORANDUM REGARDING DELEGATED LEGISLATION
-.
Clause 3 of the Bill empowers the State Government to prescribe other particulars to be furnished by certain persons falling under the clause .
Sub- clause (2) of clause 5 empowers the State Government to prescribe the incentives to be given by the Board to the person who gets himself sterilised.
Sub - clause ( 1 ) of clause 8. empowers the State Government to constitute Population Control Board for each Taluka . Paragraph ( ix ) of sub- clause ( 2) empowers the State Government to appoint non- official members on the Board.
V-Ex.-27-2
INDEX
:
GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-1996
[ PART V 27-6 ]
Sub - clause ( 5) of clause 8 empowers the State Government to prescribe the term of office and pay and allowances of members of the Board and procedure to be followed at the meeting of the Board .
Paragraph ( i ) of clause 9 empowers the State Government to prescribe the arrangements and the places at which such arrangements shall be made by the Board for sterilisation and contraceptive treatment .
Sub- clause (2) of clause 1.1 empowers the State Government to prescribe the pay , allowances and conditions of service of the officers and staff of the Board.
Clause 12 empowers the State Governmentto determine the amount of grant to be given to each Board .
Clause 15 empowers the State Government to make rutes for carrying out the purposes of the Act . "
The delegation of legislative powers as provided in the Bill is necessary . and of normal character .
MADHUBHAI BHUVA Gandhinagar ,
Dated the 5th February , 1996.
M.L.A. "
V. H. DAVE, Gandhinagar,
Dated the 27th March, 1996 .
Secretary, Gujarat Legislative Assembly .
Government Central Press , Gandhinagar
INDEX REGISTERED NO. G/GNR/2 Extra No. 28
C
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY, MARCH 27, 1996 / CAITRA. 7, 1918
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 27th March , 1996 by Shri Madhubhai Bhuva , M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information :-
"Gujarat Bill No. 28 of 1996 .
THE GUJARAT PUBLIC ENTERPRISES SERVICE COMMISSIONBILL, 1996
ABILL
toprovide for the constitution ofa commission for the selection of staff for appointment to the posts in Public enterprises and for matters connected therewith and incidental thereto.
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 .Public Enterprises Service Commission 4 Act , 1996 .
Short title & com- -mence .. ment
(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette, appoint .
2. In this Act , unless the context otherwise requires,--
Definitions
(a) "Chairman " , means the Chairman of the. Commission .
(b) "Commission " means the Gujarat Public Enterprises Service Commission constituted under sub- section ( 1 ) of Section 3 ,
28-1
V-Ex.-28-1
INDEX [PARTV GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-1996
28-2 ]
(c) "Government" means the State Government of Gujarat;
(d) "Notification" means notification published in the Official Gazette and the word " notified " shall be construed accordingly;
(e) "Prescribed" means prescribed by rules made under this Act;
(f) "Public enterprise " means a public enerprise of the State of Gujarat whether created by law or registered under any law for the time being in force .
3. ( 1) The State Government may , by notification , constitue a Commission by the name of the Gujarat Public Enterprises Service Commission..
(2) The Commission shall be a body corporate having perpetual succession and a common seal and shall be sued by the said corporate name .
Constitution of theGujarat Public Enterprises Service Commission .
(3) The Headquarters of the Commission shall be located at such place as may be prescribed by the Government.
4. ( 1) The Commission shall consist of not less than three and not more than nine members of whom one shall be the Chairman, to be appointed by the State Government. Constitution ofthe Commission .
(2) The Chairman and Members shall be persons who , in the opinion of the Government are man of ability and integrity and have special knowledge of or practical experience in the public administration or personnel management or industrial management ,
5.( 1) The Chairman or any other member of the Commission shall hold office for a term of three years from the date on which the enters upon his, office .
Terms and Conditions ofservice. ofChairman and members .
Provided that a person who has held office as Chairman or other member shall , on the expiration of his term of office , be eligible for appointment for another term ofthree years only;
Provided further that no person who has attained the age of sixty two years shall be eligible to hold office in any capacity, whether as Chairman of other member .
(2) Ifthe office ofthe Chairman or any other member becomes vacant by resignation or otherwise or if the Chairman is by reason of absence or for any other reason unable to perform the duties ofhis office , those duties shall until some person is appointed to the vacant office , or as the case may be , until the Chairman has assumed his duties , be performed by such one of the other members as the Government may appoint for the purpose.
(3) The Chairman or any other member may resign his office , by writing under his hand, addressed to the Government but he shall continue in office, until his resignation, is accepted by the Government .
INDEX [28-3 PART VJ
GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-1996
(4)The salary ofthe Chairman and other members shall be such as may be prescribed by the Government and the other terms and conditions of service shall be such as may be prescribed.
6. The Government may, after making an inquiry in such manner as may be. prescribed, remove the Chairman or any other member from his office on any one of the following grounds : -
Removal of Chairman or members.
(a) misconduct involving moral turpitude,
(b) insolvency ;
(c) infirmity of mind or body or
(d) engages during his term of office in any paid employment outside the duties ofhis office.
7. ( 1) The staff of the Commission shall consist of: -
(a) Secretary, who shall be appointed by the Government ; and
Staff ofthe Commission.
(b) such other employees as the Commission may , with the previous approval of the Government , apoint from time to time.
(2) The salary of the Secretary and other employees of the commission shall be such as may be prescribed.
(3) The other terms and conditions of service of the Secretary and employees of the Commission shall be such as may be prescribed .
8.( 1)Notwithstanding anything contained in any other law for the time being in force or in any contract , custom or usage to the contrary , it shall be the duty of the commission to select persons for appointment to the posts in the public enterprises..
Functions of the Commission.
(2) It shall be the duty of the Commission to advise the public enterprise on such matters as may be referred to them.
Duty of public Enterprises to Communicate Commission . tothe 9. It shall be the duty of every public enterprise to communicate to the Commission the vacancies existing at the commencement of this Act and estimated total number of vacancies in the public enerprise and such communication shall be sent in respect ofall such existing and estimated total number of various vacancies and which are likely to be occured during the unexpired portion of the year , within the month after such commencement and in respect of all vacancies such as are likely to be occured during each subsequent year within one month after the commencement of such year .
10. (1 ) The manner of selection of the persons for the appointment to the public enerprise shall be such as may be provided for by regulations .
(2) The procedure for the conduct of business of the Commission shall be such as may be provided for by regulations ..
Manner of Selection of personsand procedure forthe conduct of thebusiness ofthe Commission.
INDEX [PART V 28-4 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-1996
11. It shall be the duty ofthe Commission to make recommendations to each of the public enterprise in such manner as may be specified by regulations for appointments to fill the vacancies , communicated to it by such public enterprise .
Dutyof Commi- ssion to make re- commenda- tions .
12. ( 1) Appointment to all the vacancies required to be communicated to the Commission under section 9 shall , on or from such date as the Commission may notify in respect of each public, enterprises be made by such public enterprise only on the recom- mendations of the Commission .
Communi- cated.... vacancies to be filled only on the recommenda- tions of Commission.
(2) If in any year , the Commission is unable to make recommendations for appointment to all the vacancies communicated to it by a public enterprises under section 9 , or if the public enterprise is unable in any year to make appointment on the basis of the recommendations made by the Commission , the vacancies may be carried- forward to the subsequent year.
13. Notwithstanding anything contained in any other law for the time being in force, or in any contract , custom or usage to the contrary appointments to the posts in public enterprises shall be made on the recommendations of the Commission .
Effectof recommendation of the Commis sion.
Power to call for record.
14: The Commission may , call for any record , report or any other information from any public enterprises if in its opinion such record , report or other information is necessary for the efficient discharge of its functions , and the public enterprise shall furnish such record, report or other information to the commission .
Obligation as to secrecy .
15. The chairman and members and the Secretary and other employees of the Commission shall maintain strictesť secrecy regarding the affairs of the Commission and shall not divulge , directly or indirectly any information of à , confidential nature to members ofthe public unless compelled to do so by any judicial or other authority or unless instructed to do so by superior officer in the discharge of his duties.
16. The Chairman , members , the Secretary and other employees , of Commission appointed under this Act, shall while acting or purporting to act under this Act be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. Chairman, members etc , to bepublic servants under Act. XLV of 1860.
17. No act or proceedings of the Commission' or any of its committees shall be deemed to be invalid by reasons or on the ground that the Chairman of the Commission'or any member of the Commission or committee as the case may be , was not entitled to hold or continue in such office , or by reason of such act or proceeding having been done or conductedduring the period of any vacancy in office of the Chairman ofthe Commission or any of the members of the Commission or committee , as the case may be ..
Proceedings not to be invalidated.by reasons of vacancies etc. inthe Commission or its committees .
18. No suit , prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act .
Protection of.. action taken in good faith..
INDEX [28-5 PART V]
GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-1996 .
19. ( 1 ) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act.
Power of State Government to makeRules.
(2) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication .
(3) All rules made under this section shall be laid for not less than thirty days before: the State Legislature as soon as possible after they are made , 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 they are so laid , or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
Power of make Regulations : Commissionto 20. ( 1) The Commission may, by notification in the Official Gazette , make regulations with the previous approval of the State Government for carrying out the purposes, of this Act .
(2)In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters , namely: -
(a) the terms and conditions of services of the employees of the Commission under sub - section (3 ) of section 7 .
(b) the manner of selection of persons for appointment to the posts in the public enterprise under sub - section ( 1 ) of section 10;
(c) the procedure for the conduct of business of the Commission under sub - section (2) of section 10 and 13 .
(d) the income and expenditure , budget accounts and audit and annual report of the Commission .
V-Ex.-28-2
INDEX }
[ PART V GUJARAT GOVERNMENT GAZΕΤΤΕ , ΕΧ. , 27-3-1996
28-6 ]
STATEMENT OF OBJECTS AND RAESONS
Atpresent each public enterprise (j.e. , Government Company, Corporation etc.) selects, its staff in its own ways . There are so many complaints regarding irregularites and malpractices in the Selection of Staff. Some time , method of Selection of Staff is also not scientific With a view , therefore to avoiding complaints regarding irregularities and malpractices in the selection of the staff for the public enterprises , it is considered necesssary to establish a Gujarat Public Enterprises Service Commission . The following notes on clauses explain the important provisions of the Bill: -
Clause 3. -This clause provides for the constitution of the Gujarat Public Enterpriseş Service Commission , which shall be a body corporate having perpetual succession.
Clause 4. - This clause provides for the Constitution of the Commission with members not less than three and not more than nine .
১ Clause 5. - This clause provides for terms and conditions of the office of the Chairman and Members .
Clause 6. -This clause provides for the removal of members on certain grounds .
Clause 8. -This clause provides for the functions of the Commission.
-Clause 9. -This clause imposes the Duty on the public Enterprise to Communicate the vacancies in the Public Enterprises to the Commission ..
Clause 12. -This clause provides that the vacancies in a enterprise shall be filled only on the recommendation of the Commission:
Clause 16. - This clause provides thaf the Chairman, members and other staffs shall be public servants within the meaning of Indian Penal Code .
:
Clause 18. This clause is indemnity clause.
Clause 19. - This clause provides for the powers to State Government to make rules . for the purposes of this Act .
MADHUBHAI BHUVA ,
Gandhinagar .
M.L.A.
Dated , the 5th February , 1996 .
INDEX [28-7 GUJARAT, GOVERNMENT GAZETTE, EX. , 27-3-1996
PART V]
FINANCIAL MEMORANDUM
Sub- Clause (4) of Clause 5 provides for the Salary and allowances and other conditions of service of the Chairman and other members of the Commission.
Sub -clause (2) . and (3 ) of Clause 7 provides for the Salary and other terms and conditions of services of the Secretary and other employees of the Commission .
These provisions if enacted and brought into operation would involve an estimated. annual expenditure of about rupees twenty lakhs from the Consolidated Fund of the State out ofwhich about rupees ten lakhs would be ofrecurring nature and about rupees ten lakhs would be of non -recurring nature .
MADHUBHAI BHUVA , M.L.A.
Gandhinagar , Dated the 5th February, 1996
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 1. - Sub- clause (2) of this clause empowers the State Government to appoint the date from which the Act shall come into force..
Clause 3. - Sub -clause (3 ) of this clause empowers the State Government to prescribe the place at which the Headquarters of the Commission , shall be located.
Clause 5. -Sub- clause ( 4) of this clause empowers the State Government to prescribe the salary of the Chairman and other members of the Commission and the other terms and conditions of their service .
Clause 6. - This clause empowers the State Government to prescribe the manner in which the inquiry shall be made .
Clause 7.-( i ) Sub- clause (2 ) of this clause empowers the State Government to prescribe the salary of the Secretary and other employees of the Commission.
(ii) Sub- clause (3 ) of this Clause empowers the State Government to prescribe the other terms and conditions ofthe service ofSecretary and other employees of the Commission .
Clause 10.-(i ) Sub- clause (1 ) of this clause empowers the Commission to provide by regulation the manner of selection of the persons for the appointment.
(ii) Sub - clause (2 ) of this clause empowers the Commission to provide by regulation the procedure for the conduct of its business .
Clause 11. - This clause empowers the Commission to specify the manner by regulations for making its recommendations to the public enterprises .
Clause 19. -This clause empowers the State Government to make Rules for carrying out the purposes of this Act ,
Clause 20. -This clause empowers the Commission to make regulations with the previous approval of the State Government .
MADHUBHAI BHUVA, Gandhinagar . Dated the 5th February , 1996
M.L.A."
Gandhinagar ,
V. H. DAVE, Dated the 27th March, 1996 .
Secretary, Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR..
INDEX