Extra Ordinary Part - IV / 1997
Date
Extra No.
Department
Extra No.1 11-01-1997 Finance Department Extra No.2 27-02-1997 Legislative & Parliamentary Affairs Department Extra No.3 27-02-1997 Legislative & Parliamentary Affairs Department Extra No.4 27-02-1997 Legislative & Parliamentary Affairs Department Extra No.5 27-02-1997 Legislative & Parliamentary Affairs Department Extra No.6 05-03-1997 Legislative & Parliamentary Affairs Department Extra No.7 06-03-1997 Legislative & Parliamentary Affairs Department Extra No.8 06-03-1997 Legislative & Parliamentary Affairs Department Extra No.9 15-03-1997 Legislative & Parliamentary Affairs Department Extra No.10 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.11 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.12 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.13 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.14 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.15 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.16 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.17 26-03-1997 Legislative & Parliamentary Affairs Department Extra No.18 03-06-1997 Finance Department Extra No.19 24-07-1997 Education Department Extra No.20 31-07-1997 Education Department Extra No.21 23-09-1997 Finance Department Extra No.22 23-09-1997 Education Department Extra No.23 23-09-1997 Education Department Extra No.24 14-10-1997 Agriculture , Farmers Welfare & Co - operation Department Extra No.25 14-10-1997 Education Department Extra No.26 18-12-1997 Finance Department
Date
Extra No.
Department
Extra No.27 18-12-1997 Education Department Extra No.28 18-12-1997 Education Department Extra No.29 20-12-1997 Panchayats , Rural Housing & Rural Development Department Extra No.30 20-12-1997 Agriculture , Farmers Welfare & Co - operation Department Extra No.31 22-12-1997 Education Department
Extra No. 1
REGISTERED NO. GIGNR/2 .
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII } SATURDAY , JANUARY 11 , 1997/ PAUSA 21 , 1918
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor..
FINANCE DEPARTMENT
Sachivalaya , Gandhinagar, Dated the 11th January, 1997.
GUJARAT ORDINANCE NO . 1 OF 1997 .
AN ORDINANCE
to validate the levy and collection of tax on milk powder under the Gujarat Sales TaxAct, 1969. :
WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
Guj . 1 of 1970.
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to validate the levy and collection of tax on milk powder under the Gujarat Sales Tax Act, 1969.
NOW, THEREFORE, in exercise of the powers conferred on him by clause .(1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-
1. Short title and commencement . ( 1 ) This Ordinance may be called the Gujarat Sales Tax ( Validation ) Ordinance , 1997 .
(2) It shall come into force at once .
2. Definitions. In this Ordinance , unless the context otherwise requires- Guj .1 of1970.
(a) "the.Act " means the Gujarat Sales Tax Act, 1969 ;
IV-Ex. 1-1 .
1-1
INDEX 1-2
[ PART IV.
GUJARAT GOVERNMENT GAZETTE , EX.. , 11-1-1997
(b) the expressions " dealer " and " tax " shall have the meanings as respectively assigned to them in clauses ( 10 ) and (32) of section 2 , of the Act .
3. Validation of levy and collection of tax on milk powder under the Act . (1) Notwithstanding any judgement , decree or order of any court, tribunal or authority to the contrary--
Guj. 1 of 1970.
Guj . 9 of 1992.
(a) in sub- entry ( i ) of entry 10 of Schedule I to the Gujarat Sales. Tax Act , 1969, as in force before the date of the commencement of the Gujarat Sales Tax ( Second Amendment). Act , 1992 (hereinafter referred to as " the said date " ) , the words " excepi milk powder " shall be and shall be deemed always to have been added at the end and formed part of the said sub - entry ( i ) before the said date:
(b) a tax on milk powder levied , assessed , re- assessed or collected or purported to have been levied , assessed , re - assessed or collected under the Act before the said date shall be and shall be deemed always to have been validly levied, assessed , re- assessed or collected in accordance with law as if, the said sub- entry ( i) of entry 10 as so construed had been in force at all material times when the said tax was levied , assessed , re - assessed or collected , and accordingly--
(1) no suit, appeal , application or other proceeding shall be main tained or continued in any court or before any tribunal or authority whatsoever for the refund of the said tax ,
(ii) no court, tribunal or other authority shall enforce any decree or order directing refund of the said tax,
(iii ) recoveries shall be made in accordance with the provisions of the Act, of all amounts collected by dealers by way of such tax under the Act , as if, the said sub - entry ( i ) of entry 10 as so construed had been in force at all material times .
(2) For the removal of doubt, it is hereby declared that
(a) nothing in sub-section ( 1 ) shallbe construed as preventing any person-
(i) from questioning , in accordance with the provisions of the Act, the levy , assessment, re - assessment or collection of the aforesaid tax as so validated under sub - section ( 1 ) , or
(ii) from claiming, in accordance with the provisions of the Act , refund of the aforesaid tax as so validated under sub - section (1) and paid by him in excess of the amount due from him,
(b) no act or omission on the part of any person before the said date , shall be punishable as an offence which would not have been so punishable if this Ordinance had not come into force .
INDEX 1-3 PART IV] GUJARAT GOVERNMENT GAZETTE, EX.. , 11-1-1997
STATEMENT
Since the inception of the Gujarat Sales Tax Act, 1969 sales tax was levied and collected on milk powder . The High Court of Gujarat in the case of Chunilal MayachandVs. State ofGujarat (1992 (86) STC 105) interpreted the entry relating to'milk, whole or separated or reconstituted as appearing in sub - entry (i) of entry 10 of Schedule I to the Act as it existed prior to the 1st April , 1992. In the context of the said judgement, a doubt has arisen as to whether ' milk powder ' was exigible to tax and levy of tax thereon was validly made or not. In order to remove any such doubt and to make the intention of Legislature clear , the ' milk powder is excluded from the expression milk, whole or separated or reconstituted appearing in the said sub -entry ( i) of entry 10 as it existed prior to the 1st April , 1992 and the levy and collection of tax thereon is validated. As the Gujarat Legislative Assembly is not in session, this . Ordinance is promulgated to achieve the aforesaid object.
Gandhinagar,
KRISHNA PAL SINGH, Governor ofGujarat.
Dated the 10th January, 1997 .
:
By order and , in the name of the Governor of Gujarat,
RAJESH KISHOR , Secretaryto Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. GIGNR /2 ,
Extra No. 2
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] THURSDAY, FEBRUARY 27 , 1997 / PHALGUNA 8 , 1918
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature having been assented to by the Governor on the 26th February , 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretaryto the Government of Gujarat , Legislative and Parliamentary Affairs Department .
κ
GUJARAT ACT NO . 1 OF 1997 .
( First published , after having received the assent of the Governor in the Gujarat Government Gazette, on the 27th February , 1997 ) :
AN AOT
further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications ) Act, 1960 .
It is hereby enacted in the Forty-eighth Year of the Republic of india as follows :-
Short title and
1. (1) This Act may be called the Gujarat Legislative Assembly Members commencement . (Removal of Disqualifications ) (Amendment) Act, 1997.
(2) The provisions of section 2 shall be deemed to have come into force on the 16th November, 1996 , section 3 shall be deemed to have come into force on the 23rd November, 1996. and section 4 shall be deemed to have come into force on the 20th December, 1996 .
Guj. 1 of 1960 .
of 2. In the Gujarat Legislative Assembly Members (Removal of to Disqualifications) Act , 1960 (hereinafter referred to as " the principal Act " ) , in the Schedule,- of
Amendment Schedule Guj . 1960 . 1
(1) in entry 26, for the word " Chairman " , the words " Chairman or Director " shall be substitured;
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INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 27-2-1997
2-2]
(2) after entry 32, the following entries shall be added, namely :
63 of 1951.
"33. The office of Chairman or Director of the Gujarat State Financial Corporation established under the State Financial Corporations Act, 1951 .
34. The office of Chairman or Director of the Gujarat Mineral Development Corporation Limited.
35. The office of Chairman or Director of the Gujarat State Seeds Corporation Limited ." ,
Amendment of Schedule to 3. In the principal Act , in the Schedule , after entry 35 as so added , the Chuj . I of 1960.following entry shall be added , namely :-
"36. The office of Chairman or Direcios of the Gujarat Agro- Industries Corporation Limited . " .
4. In the principal Act, in the Schedule, after entry 36 as so added , the following entries shall be added, namely
Aracndnment of Schedule Guj . of 1960 .
"37.. The office of Chairman of Director of the Gujarat Tractor Corporation Limited...
38. The office of Chairman on Director of the Gujarat Water Resources Development Corporation Limited.
43 of 1995.
39. The office of Chairperson or member of the Gujarat State Wakf Board established under the Warf Act, 1995 .
6 of . 1974.
40. The office of Chairman or member of the Gujarat Pollution Control Board constituted under the Water (Prevention and Control of Pollution) Act, 1974. " .
Guj. Ord . 14
of 1996.
Repeal Savings.
Guj . Ord . 15 of 1996.
5. (1 ) The Gujarat Legislative Assembly Members (Removal of and Disqualifications) (Amendment) Ordinance , 1996 , the Gujarat Legislative Assembly Members (Removal of Disqualifications) (Second Amendment) Ordinance, 1996 and the Gujarat Legislative Assembly Members (Removal of Disqualifications) (Third Amendment ) Ordinance , 1996 are hereby repealed. Guj . Ord. 19 of1996.
(2) Notwithstanding such repeal; anything done or any action taken under the principal Act , as amended by the said. Ordinances , shall be deemed to have been done or taken under the principal Act as amended by this Act :
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO . GIGNR/2 .
Extra No. 3
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
XXXVIII ) THURSDAY, FEBRUARY 27 , 1997 / PHALGUNA 8 , 1918 Vol .
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART- IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The followingAct of the Gujarat Legislature having been assented to by the Governor on the 26th February , 1997 is hereby published for general information.
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.
4
GUJARAT ACT NO, 2 OF 1997.
( First published, after having received the assent of the Governor in the Gujarat GovernmentGazette, on the 27th February , 1997).
AN ACT
further to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses ) Act, 1977 .
It is hereby enacted in the Forty- eighth Year of the Republic of India as follows:
1. ( 1 ) This Act may be called the Gujarat Tax on Luxuries ( Hotels and Lodging Houses ) ( Amendment ) Act, 1997.
Shyatiditie and commance- ment.
(2) It shall be deemed to have come into force on the 18th June , 1996.
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PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 27-2-1997
of 192 .
Amendment ofsection 2of Gul 24 of1977. 1977 (hereinafter referred to as " the principal Act " ) , in section 2 , clause 2. In the Gujarat Fax on Luxuries (Hotels and Lodging Houses) Act, (c) shall be deleted .
Amendment ofsection 3 of 24f Gul 77 of1977.
3. In the principal Act , in section 3 , in sub - section (1) , second proviso shall be deleted.
Amendment ofsection of 2477. of
4. In the principal Act, in section 4, sub - sections (3) and ( 4) , shall be deleted.
5. In the principal Act , in section 5, in sub- section (1 ) , for the words "eight days " , the words " fifteen shall be substituted .. fifteen days " sha
Amendment ofsection 5 ofGuj 24 of 1977:
Amendment of section 9ofGuj . 24 Gu77
6. in the principal Act , in section 9 , in sub - section ( 1) , after the word 20C" shall be inserted . and figure " section 6 " , the words , figures and letter "or under section
7. In the principal Act , in section 10 ,-
Amendment ofsection 10 of Guj . 24 of 1977.
(1) in sub -section ( 1) , after the words "suo motu ", the words " or on. an application made in that behalf " shall be inserted;
(2) for sub- sections (2) and (2A) , the following sub - section shall be substituted , namely :
"(2) No order, shall be revised under sub - section (1 ) after the expiry of two years from the date of such order unless the State Government or, as the case may be , the designated officer , is satisfied that the proprietor was prevented by sufficient cause from making the application within that period.
Explanation . In computing the period of Ilmitation for the purpose of this sub -section ,-
(a) any period during which the record of any proceeding, has not
been called for under the proviso to sub - section ( 1 ) , and
(b) any period during which any proceeding under this section is stayed by an order or injunction of any civil court .
shall be excluded
INDEX GUJARAT GOVERNMENT GAZETTE , EX . , 27-2-1997
[3-3 PART IV ]
(3) in sub - section (3) , for the words "the designated officer or, as the case may be, the Commissioner of Luxury Tax " , the words " or , as the case may be, the designated officer " shall be substituted ;
(4) in sub-section (5) , for the words "Commissioner of Luxury Tax" , the words " State Government or , as the case may be , the designated officer shall be substituted.
section 24 1977 . en thousand rupees " shall be 13 of Guj 8. in the principal Act , in section 13, in sub - section (1) , for the words Amendment "one thousand rupees " , the words "ten substituted.
Insertion ofnew 9. In the principal Act , after section 20, the following new sections shall be inserted , namely : sections 20A, 20B
and 20Cin
Guj . 24 of
1977.
"20A. ( 1 ) The State Government may , by notification in the Official Gazette, reduce any rate of tax specified in sub - section (1 ) of section 3.
to Power reduce rate oftax..
(2) Every notification issued under sub - section ( 1 ) shall be laid for not less than thirty days before the State Legislature as soon as possible after it is issued and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make , during the session in which it is so laid or the session immediately following .
(3) Any ,rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
Exemp- tion.
208. ( 1) The State Government may , if it considers necessary so to do in the public interest, by notification in the Official Gazette, exampt any person or persons to whom any luxury is provided by such hotel or class of hotels from payment of whole or part of the tax, subject to such conditions , as may be specified therein.
(2) Every notification issued under sub - section ( 1) shall be laid for not less than thirty days before the State Legislature as soon as possible after It is issued and shall be subject to rescission by the State Legislat 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.
INDEX 3-4 ]
GUJARAT GOVERNMENT GAZETTE, EX. , 27-2-1997
[ PART IV
Liabilityto paytax in event of breach of conditions of. exemption .
20C. (1 ) Where any person or persons to whom luxury is provided in a hotel or class of hotels is exempted under section 208 from whole or any part of the tax subject to any condition , then , in the event of breach of any such condition , the proprietor of such hotel shall , notwithstanding such exemption, be liable to pay tax in relation to the luxury provided in such hotel .
(2) If the Collector has reason to believe that the proprietor is liabie to pay tax under sub - section ( 1), he shall serve on the proprietor a notice requiring him on a date and place specified therein , either to attend and produce or cause to be produced all evidence on which such proprietor relies in connection with his liability under this section or to produce such evidence as specified in the notice . On the date specified in the notice, or as soon as may be thereafter , the Collector shall , after considering all the evidence which may be produced, assess to the best of his judgement , the amount of tax so due from the proprietor, "
Repeal 'and savings.
10. ( 1 ) The Gujarat Tax on Luxuries ( Hotels and Lodging Houses) (Amendment) (Third) Ordinance , 1996 is hereby repealed
gu 12 of 1996.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act , as amended by this Act .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO, GIGNKIL Extra No. 4
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII THURSDAY, FEBRUARY 27, 1997 / PHALGUNA 8; 1918
Separate paging is given to this Part in order that it may be filed ass separate comnilu
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .
1 The followingAct ofthe Gujarat Legislature having been assented to by the Governor on the 26th February, 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretaryto the Government of Gujarat , Legislative and Parliamentary Affairs Department ...
GUJARATGUJARAT ACT NO . 3 OF 1997.
( First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 27th February , 1997) .
AN ACT
further to amend the Gujarat Secondary Education Act, 1972 .
:
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows :
Shortitle
1. (1) This Act may be called the Gujarat Secondary Education (Amendment) Act, 1997.
1996 . (2) It shall be deemed to have come into force on the 9th August ,
41
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GUJARAT GOVERNMENT GAZETTE, EX . , 27-2-1997
[ PART IV
Amendment ofsection 3 ofGuj .18 of1973.
2. In the Gujarat Secondary Education Act, 1972 (hereinafter Guj . 18 of referred to as " the principal Act" ) , in section 3, in sub-section (2) , under 1973 . the heading " Class B -Elected Members ", -
(1) after clause ( vi- a) , the following clause shall be inserted, namely:-
"(vi- as) three members elected by the teaching staff of registered higher secondary schools from amongsi themselves . " ;
(2) after the first proviso, the following proviso shall be aσόνα ,
"Provided further that for the purpose of clause (vi-da ), the State Government shall, by an order published in the Official Gazette, divide the State into three regions each having, as far as possible, an equal number of registered higher secondary schools within the areas comprised therein and the teaching staff of rogistored higher secondary suhuuis in sach such region shall elect une mumber:";
(3) in the existing third proviso , for the words "Graduate Basic Training College " , the words "Graduate Basic Training College or a member of non- teaching staff of registered private secondary schools or of teaching staff of registered higher secondary schools " shall be substituted.
Repeal , and savings .
3. ( 1 ) The Gujarat Secondary Education (Amendment) (Third ) Or-Guj . Ord . 13 dinance , 1996 and the Gujarat Secondary Education (Amendment) (Third) Amending Ordinance, 1996 are hereby repealed .
of 1996. Guj .Ord.18 of1996.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act, as amended by the said Ordinances , shall be deemed to have been done or taken under the principal Act, as amended by thisAct.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. GIGNR/2,
Extra No. 5
C
The Gujarat Government Gazette EXTRAORDINARY
PUBLISHED- BY AUTHORITY
Vol . XXXVIII ] THURSDAY , FEBRUARY 27, 1997 / PHALGUNA 8 , 1918
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature having been assented to by the Governor on the 26th February , 1997. is hereby published for general information .
KUM . H. K. JHAVERI , Secretary to the Government ofGujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 4 OF 1997 .
( First published, after having received the assent of the . Governor in the Gujarat Government Gazette, on the 27th February, 1997 ) .
AN ACT
further to amend the GujaratCo- operative Societies Act, 1961 .
It is hereby enacted in the Forty-eighth Year of the Republic of India as foliows
Short title and commencement.
1. (J) This Act may be called the Gujarat Co-operative Societies (Amend- ment) Act , 1997.
(2) It shall be deemed to have come into force on the 7th August, 1996.
Xof1962.
Guj.X of1962. 2. In the Gujarat Co - operative Societies Act, 1961 (hereinafter referred to Amendment of as " the principal Act " ) , in section 99, after sub-section (3) , the following new section 99 ofGuj .
sub-sections shall be inserted , namely:---
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[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 27-2-1997-
"(4) Notwithstanding anything contained in sub-sections (1 ), (2) and (3), the following disputes or class of disputes , if the plaintiff so desires, shall be decided summarily by the Registrar, or his nominee or board of nominees, in such manner as may be prescribed, namely:-
(a) any dispute for recovery of debt upon promissory note, hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the hye - laws;
(2) any dispute for recovery of a fixed sum of money or in ine nature of debt, with or without inwrest, arising on a written contract,
(c) any dispute for recovery of price of goods sold and delivered, where the rate, quality and quantity are admitted in writing;
(d) any dispute for recovery of dues payable by a member of a housing society towards contribution for construction of the house, or any dispute in rospect of repayment of any loan, interest on loan, ground rent, local authority taxes, sinking fund, water charges, electrical charges , maintenance and upkeep charges or charges for other services rendered by the society and the interest on such arrears , payable under the written agreement or under the bye -laws.
: (5) (a) The defendant shall not be entitled to defend the dispute unless he obtains leave from the Registrar , his nomineė or, as the case may be, board of nominees, in such manner as may be prescribed.
(b) The Registrar, his nominee or board of nominees may grant the leave under clause (a), on such conditions, as he or it thinks fit.
(c) The Registrar, his nominee or board of nominees shall not refuse the leave to defend the dispute unless he or it satisfies that the facts disclosed. by the defendantdo not indicate that he has substantial defence to raise or thatthe defence intended to be put up by him is frivolous or vexatious.
(d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such' leave, the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by the defendant:
Provided that the Registrar, his nominee or board of nominees in his or its discretion may require any fact so admitted to be proved otherwise than by such admission.
INDEX GUJARAT GOVERNMENT GAZETTE, EX. , 27-2-1997
[5-3 PART IV ]
(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar , his nomince or, as the case may be, board of nominees may pass an award against him , as if he has not been granted such leave.
: (6) The Fugistrar, his nominee of, as the case may be, board of nominees may under special circumstatus set aside the award passed by him or it and if necessary, stay of set aside the execution, and may grant cave to the defendant to appear and defend the disputes , if it seems reasonable so to do , and on such terms as he or it thinks fit." .
Repeal and savings. 3. (1) The Gujarat Co- operative Societies (Amendment) (Third) Ordinance , Guj . Ord .. 16. 1996 is hereby repealed. of 1996.
(2) Notwithstanding such repeai, anything done or any action taken under the principalAct, as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act as amended by this Act .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/Z,
Extra No. 6
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The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY , MARCH 5 , 1997/ PHALGUNA 14 , 1918
Vol . XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 5th March , 1997 is hereby published for general information.
KUM . H. K. JHAVERI ,
Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO . 5 OF 1997 .
(First published , after having received the assent of the Governor, in the Gujarat Governmeni Gazette on the 5th March , 1997 ) .
ANACT
to provide for temporary- increase in the Contingency Fund
of the State of Gujarat .
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:-
Short title and commence- ment 1. (1) This Act may be called the Gujarat Contingency Fund (Temporary Increase) Act, 1997.
(2) It shall be deemed to have come into force on the 22nd October, 1996 .
Guj. IV of 1960
Temporary in- tingenery Fund in Con- of TheState.
2.Notwithstanding anyining contained in section 2 of the Gujarat. Contingency Fund Act, 1960 , the extorit of the sum offifty crores ofrupees specified in section 2 of the said act as the sum to be paid into the Contingency Fund of the State of Gujarat shall, during the period beginning from the commencement of this Act and ending on the 31st March, 1997 be raised to five hundred crores of rupees .
Guj .Ord. 17 of 1996.
3. The Gujarat Contingency Fund ( Temporary. Increase) (Second ) Repeal . Ordinance, 1996 is hereby repealed .
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GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO. GIGNK/2
Extra No. 7 、
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXVIII ] THURSDAY , MARCH 6 , 1997/PHALGUNA 15, 1918
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to bythe Governor on the 5th March, 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO . 6 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 6th March , 1997.)
ANACT
further to amend the Bombay Land Revenue Code, 1879.
1. It is hereby enacted in the Forty- eighth Year of the Republic of India as follows:-
1. (1) This Act may be called the Bombay Land Revenue (Gujarat Amendment) Short title and comm- Covement , Act, 1997 .
(2) It shall be deemed to have come into force on the 24th December , 1996 .
Amend- ment of section4848 ofBom . V of1879:
Bom. V of 2. In the Bombay Land Revenue Code, 1879 ( hereinafter referred to as " the principal Act ") , in section 48, after sub-section (2) , the following new sub - section shall 1879 , be inserted, namely:-
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GUJARAT GOVERNMENT GA ZETTE, EX. , 6-3-1997
JPART IV
"(24) Where any land assessed for any purpose is used for a bonafide industrial purpose under section 65B and a certificate to that effect is issued to the occupant of such land under that section , the assessment fixed ander the provisions of this Act upon such land shall , notwithstanding that the term for which such assessment may have been fixed has not expired, be liable to be alte red and fixed at a different rate with effect from the commencement of the revenu e year in which the use of land for a bonafide industrial purpose is commenced , by such authority and subject to such rules as the State Government may prescribe in th is behalf. " .
3. In the principal Act, after section 65A, the following new section shall be inserted, namely : -
Insertionofnew sectionin V of1879.
"65B. (1) Notwithstanding anything ; contained in section 65 or 65A, where-
Use of certain lands for bona- fide industrial purpose.
(a) any land used or held for the purpose of agriculture or, as the case may be , for any non-agricultural purpose not being an industrial purpose is,--
No.27 of1976. President's Act (i) designated for the use of industrial purpose in the draft or final develop- ment plan or draft or final town planning scheme under the Gujarat Town Planning and Urban Development Act, 1976; or
(ii) situated in the are ? where no plan or scheme referred to in sub - clause (i) is in force and is desigr ated by the State Government, by notification in the Official Gazette, for th use of such industrial purpose as may be specified therein, having regard auch factors as may be prescribed by rules made under this Act'in this behalt :
Guj . Ord. 20
of1996.
Provided that thing in this sub- clause shall render invalid the use of land for a bonafide in Iistrial purpose in pursuance of the provisions of the Bombay Land Revenue ( period when the isnot designa jarat Amendment) (Second ) Ordinance, 1996 during the said Ordinance was in force notwithstanding that the said land for such use under this Act, and
(b) the occur ant of such land wishes to use such land or part thereof--
(I) for ab afide industrial purpose other than the purpose of manufacture or storage of any remical or petrochemical,
it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditio as, amely:-
(a) the occupant has a clear title to such land,
(b )-such and or part thereof,--
No. 27 of 1976. President's Act (i) is notshown as reserved for a public purpose in draft or final development planor di ftor final town planning scheme under the Gujarat Town Planning and Urban De ' elopment Act, 1976,
INDEX 7-3 GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997
PART IV]
Iof1894.
(ii) is not notified for acquisition under the Land Acquisition 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;
No.27 of1976. President's Act (vi) is not situated within five kilometres of the periphery of the area within the jurisdiction of any Area Development Authority or Urban Development Authority constituted under the Gujarat Town Planning and Urban Development Act, 1976:
of1996. Gui .Ord.20 Provided that nothing in this item shali render invalid the use of land for a bonafide industrial purpose in pursuance of the provisions of the Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance, 1996 when the said Or- dinance was in force notwithstanding that the said land falls within five kilometres of the periphery of the area within the jurisdiction of any. Area Development Authority or Urban Development Authority.
(II) for the purpose of manufacture or storage of any chemical or petrochemical,
it shall be lawful for him to use such land for such bonafide industrial purpose without the permission of the Collector subject to the fulfilment of the following conditions, in addition to the conditions mentioned in sub- clause (I) , namely: such land or part thereof is not situated within two kilometres from the boundary of-
(i) anancient monument declared as ' protected monument ' under sub - section (1 ) of 7 of1904. section 3 of the Ancient Monuments Preservation Act, 1904;
Guj . 25 of. 1965 .
(ii) an ancient and historical monument declared as ' protected monument ' under süb -section (3) of section 4 of the Gujarat Ancient Monuments and Archaeological Sites and Remains Act, 1965;
XVI of1927.
(iii) a forest land or waste land declared as ' reserved forest land ' under section 3 of the Indian Forest Act, 1927;
XVI of 1927.
(iv) a forest land or waste land known as ' protected forest ' under section 29 of the Indian Forest Act, 1927;
(v) an area declared as ' sanctuary' under sub- section ( 1) of section 18 of the Wild 53 of 1972.. Life (Protection) Act, 1972; or
(vi) an area declared as ' national park ' under section 35 of the Wild Life (Protection) 53 of 1972. Act, 1972 .
INDEX 7-4
[PART IV -GUJARAT GOVERNMENT GAZETTE , EX. , 6-3-1997 .
(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 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 commence- ment 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 Mamiaidar.
(3) Where, on the receipt of such notice alongwith other particulars sent by the occupant under clause (b) of sub - section (2), the Collector, after making such inquiry as he doems fit-
(a) is satisfied that the occupant of such land has validly commenced the use of the land for a bonafide industrial purpose under sub -section ( 1), he shall issue a certificate to that effect to the occupant in such form and within such period as may be prescribed by rules made under this Act,
(b) is not so satisfied , he shall , after giving the occupant an opportunity of being heard , refuse to issue such certificate :
Provided that no such certificate shall be issued under clause (a) unless the conversion tax leviable under section 67A is paid.
(4)(a) Where the occupant fails to send the notice and other particulars under clause (b) of sub - section (2) within the period specified therein , he shall be liable to pay, in addition to the non -agricultural assessment leviable under this Act, such fine not exceeding ten thousand rupees as the Collector may, subject to rules made under this :Act, direct .
(b) ( i) Where the occupant commences the use of such land for industrial purpose despite the non- fulfilment of any of the conditions specified in sub - section ( 1 ), or
(ii) where cetificate is refused to the occupant under clause (b ) of sub -section (3),
he shall be liable , in addition to the payment of non - agricultural assessment leviable under this Act, to restore such land to its original use within such period as the Collector may specify in a notice served on such occupant in this behalf.
(c) Where such occupant does not restore the land to its original use within the period specified by the Collector in the notice served under clause (b ) ,-
INDEX 7-5 GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997
PART IV]
( i ), he shall be liable to pay such fine not exceeding five thousand rupees and in addition , such daily fine not exceeding one hundred rupees per hectare or part thereof- oflandnotso restored for each day during which such land is not restored to its original use, after the expiry of the period specified in such notice as the Collector may, subject to rules made under this Act, direct, and
4 (ii) the Collector shall take such steps as he thinks fit to get such land restored to its original use and collect the cost incürred in this behalf from such occupant as an arrear of land revenue .
(5)(a) The occupant shali commence industrial activity on such land within three years from the date of the notice sent by him to the Collector under clause (b) of sub-section (2) and commence production of goods or providing of services on such land within five years from such date:
Provided that the period of three years or, as the case may be, five years may, on anapplication 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 of services within, the period specified in clause (a) or the period extended under the proviso to clause (a) , he shall be liable to pay , in addition to non- agricultural assessment leviable under section 48 , non- agricultural assessment at the rate of five rupees per square metre of the land with effect from the date of expiry of the period of three years or five years or, as the case 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 of services .
29 of 1986.
Explanation I. For the purposes of this section , section 48 and section 67A, the expression "bonafide industrial purpose " means an activity of manufacture , preserva- tion or processing of goods, (other than the hazardous and toxic chemicals specified in Part II of the Schedule I to the Manufacture, Storages and Import of Hazardous Chemicals Rules, 1989 made under the Environment (Protection) Act, 1986 and for the time being in force) or any handicraft, or industrial business or enterprise , carried on by any person and includes construction of industrial buildings used for the manufacturing process or purpose , or power projects or port projects and ancillary industrial usage like research and development, godown , canteen, office building of the industry concerned , or providing housing accommodation to the workers of the industry concerned,or establishment of industrial estate including a co- operative estate or service industry or tourism 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 industrial purpose from the date on which he ceases to use the land for agricultural or non - agricultural purpose existing immediately before the date of such cesser." .
INDEX 7-6
[PART IV GUJARAT GOVERNMENT GAZETTE, EX . , 6-3-1997
4. In the principal Act , in section 67A,-
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 a bonafide industrial purpose under section 65B, ";
(2) in sub -section (2) , in the proviso , for the words " under this sub -section " , the words, brackets , figure and letter " under this sub - section or under sub-section (24 ) " shall be substituted;
(3) after sub -section (2) but before the proviso, the following new sub- section shall be inserted, némely :
" (2A) Where any land assessed or held for any non - agricultural purpose not being an industrial purpose (hereinafter referred to as " the existing non - agricultural purpose " ) and situated in a specified area is used for a bonafide industrial purpose under section 65B, the occupant of such land shall be liable to pay to the State Government a tax.at such - rate as is equivalent to the difference between the rate of tax applicable to the industrial purpose specified in the corresponding entry in coluran (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 renumbered , the following clause shall be inserted , namely:---
"(h) the form of notice and the particulars to be sent under clause (b ) of sub - section (2) , the form of and the time within which a certificate is to be issued under sub -section (3) , the rules subject to which the Collector may direct payment of fine under 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 . " .
Repeal andsavings .and savings.
Guj . Ord.20 6. (1 ) The Bombay Land Revenue (Gujarat Amendment) (Second) Ordinance , 1996 is hereby repealed . of1996.
(2) Notwithstanding such repeal , any thing done or any action taken under the principal Act, as amerided by the said Ordinance , shall be deemed to have been done or taken under the principal Act, as amended by this Act.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO . GIGNR/2 .
Extra No. 8
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXVIII ] THURSDAY, MARCH 6 , 1997 /PHALGUNA 15, 1918
Separate paging is given to this Part în order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislatures, having been assented to by the Governor on the 5th March, 1997, is hereby published for general information.
KUM. H. K. JHAVERI ,
Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department
GUJARATACT NO . 7 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette , on the 6th March, 1997) .
AN ACT
further to amend the Bombay Tenancy and Agricultural Lands Act, 1948, the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 and the Bombay Tenancy and Agricultural Lands
(Vidarbha Region and Kutch Area ) Act, 1958.
It is hereby enacted in the Forty- eighth Year of the Republic of India as follows: -
commence- ment.
1. (1)This Act may be called the Gujarat Tenancy and Agricultural Lands Laws (Amend- Shon tide and ment)Act, 1997.
(2) It shall be deemed to have come into force on the 24th December, 1996.
section of Bom. LXVII of 1948.
Bom LXVII of1948.
2. In theIn the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as " the Amendment of Bombay Tenancy and Agricultural Lands Act" ) , in section 43 ,
8-1
IV- Ex .-8-1
INDEX 8-2
GUJARAT GOVERNMENT GAZETTE , EX. , 6-3-1997
[PART IV
(1) after sub- section (1B) , the following new sub-section shall be inserted , namely:
Bom.V ofof1879 .
"(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 Code , 1879 for use ofsof such land for a bonafide industrial purpose may, notwithstanding anything contained in sub -section (1) ofthis section, be sold without the previous sanction of the Collector under sub- section (1) but subject to payment of such amount as may be determined by the State Government under sub-section (1) . " ;
(2) in sub -section (2), after the words , brackets and figure " sub -section (1 ) " , the words , brackets , figure and letter "or sub - section ( 1C) " shall be 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 :
Bom. V of1879 .
dustrial purpose Sale of landfor bonafide in- permitted tain cases.
"63AA. ( 1) Nothing in section 63 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub - section (1 ) of section 65B of the Bombay Land Revenue Code, 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose:
Provided that
33 of 1976.
(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban Land ( Ceiling and Regulation) Act, 1976,
(b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub-section shall obtain previous permission 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 ofînc land proposed to be sold shall not exceed four times the arca on which construction for a bonafide industrial purpose is proposed to be made by the purchaser:
Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area ,
Bom. V of 1879.
(4) wins the land proposed to be cold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code, 1879.
(2) Nothing in section 63A shall apply to any sale made in pursuance of sub-section (1) .
(3) (a) Where the land is sold to a person in pursuance of sub -section (1) (hereinafter referred to as " the purchaser " ) , he shall within thirty-days from the date of the purchase of the land for a bonafide industrial purpose , send a notice of such purchase in such form alongwith- such other particulars -as maybe prescribed, to the Collector and endorse a copy thereof. to the Mamlatdar.:
INDEX 8-3
GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997 PART IV]
(b)Wherethe 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 ofpurchase for the use of land for a bonafide industrialpurposeose 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 abonafide industrial purpose in conformity with the provisions of sub -section (1), he shall issue a certificate to that effect to the purchaser'in such form and within such time as may be prescribed,
(ii) is not so satisfied, he shall , after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal , the sale of land to the purchaser shall be deemed to be in contravention of section 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 Governnient or such officer, as it may, by an order in writing, authorise in this behalf.
(ii) The State Government or the authorised officer shall , after giving the appellant an opportunity of being heard, pass such order on the appeal as it or he deems fit .
(4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government , Government Company, local authority or statutory authority in relation to use of land for industrial purpose before the land is put to use for such purpose .
(D) The purchaser to whout a certificate is issued under sub-clause (i) of clause (c) of sub -section (3) shall commence.industrial activity, en such land within three years from the date ofsuch certificateand commence production ofgoods or providing of services within five years from suchdate:
Provided that the period of three years or, as the case may be , five years may, on an application made by the purchaser in that behalf, be extended from time to time , by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, In such circumstances as may be prescribed.
(5)Where the Collector, after making such inquiry as he deems fit and giving the purchaser anopportunity 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) ofsub- section (4) , or the period extended under the proviso to that clause , tie tand 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 . "..
INDEX 8-4
GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997. [PART IV
Amendentof section82 ofBom..LXVII of1948.
4. In the Bombay Tenancy and Agaricultural Lands Act, in section 82, in sub -section (2) , after clause (ka ), the following new clause shall be inserted ; namely:-
"(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 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 63AA; " .
:
Insertion of new section in Sau. Ord . XLI of 1949.
XLI of Ord. 1949.
5. In the Saurashtra Gharkhed , Tenancy Settlement and Agricultural Lands Ordinance , Sau. 1949 (hereinafter referred to as "the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance " ) , after section 54, the following new section shallbe inserted, namely:----
Bom. V of 1879 .
Sale ofland for bonafide in- dustrial purpose permitted laincases.
"55. ( 1) Nothing in section 54shall prohibit the sale or the agreement for the sale of land for which no permission is required under subsection (1 ) of section 65B ofthe Bonibay Land Revenue Code , 1879 in favour of any person for use of such land by such person for a bonafideindustrial purpose:
Provided that-
33 of 1976.
(a) the land is not situated within the urban agglomeration as defined in clause ( a) of section 2, of the Urban Land (Ceiling and Regulation) Act, 1976,
(b) where the area of the land proposed to be sold exceeds ten hectares, the person to whom the land is proposed to be sold in pursuance of this sub - section shall obtain previous permission of the Industries Commissioner, Gujarat State or such other officer, as the State Government may, by an order in writing, authorise in this behalf,
(c) the area of land proposed to be soid saaii not exceed four times the arca on which construction for a bonafide industrial purpose is proposed to be made by the purchaser:
Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area ,
:
Bom . V of (a) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73 AA of the Bombay Land Rovenue 18 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 a bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as may be prescribed , to the Collector and endorse a copy thereof to the Mamlatdar.
(b) Where the purchaser fails to send the notice and other particulars to the Collector under clause (a) within the period specified therein , he shall be liable to pay, in addition to the non- agricultural assessment leviable under this Ordinance , such fine not exceeding two thousand rupees as the Collector may, subject to rules made under this Ordinance , direct.
INDEX : 8-5
GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997 PART IV ]
:
(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 a bonafide industrial purpose in conformity with the provisions of sub- section ( 1), he shall issue a certificate to that effect to the purchaser in such form and within such time as may be prescribed,
(ii) is not so satisfied, he shall, after giving the purchaser an opportunity of being heard, refuse to issue such certificate and on such refusal , the sale of land to the purchaser shall be deemed to be in contravention of section 54.
(4)( The purchaser aggrieved by the refusal to issue a certificate by the Collector under sub- clause (it) of clause (c) may file an appeal to the State Government or such officer , as it may, by an order in writing, authorise in this behalf.
ن
(ii) The State Government or the authorised officer shall , after giving the appellant an opportunity ofbeing heard , pass such order on the appeal as it or he deems fit .
(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 suchGovernment , 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 ,
۱
(b) The purchaser to whom a certificate is issued under subclause (i) of clause (c) ot sub-section (2) shall commence industrial activity on such land within three years from the date ofcertificare and conumence production of goods or providing of services within five years from such date :
Provided that the period of three years or , as the case may be , five years may, on an application made by the purchaser in that behalf, he extended from time to time, by the State Government or such officer, as it may, by an order in writing, authorise in this behalf, in such circumstances as may be prescribed.
(4) Where the Collector , after making such inquiry as he deems fit and giving the purchaser an opportunity of being heard, comes to a conclusion that the purchaser has failed to commence industrial activity or production of goods or providing of services within the period specified in clause (b) 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 regardto the price paid by the: purchaser and such land shall be disposed of by the State Government, having regard to the use of land ." .
of Amendment of Sau. Ord. XLI of1949.
6. In the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance , in section 73 , for sub - sections (2 ) and (3 ) , the following sub- sections shallbe substituted, namely :-
"(2) In particular and without prejudice to the generality of the foregoing provisions , such rules may provide for the following matters :-
INDEX [PART IV 8-6
GUJARAT GOVERNMENT GAZETTE , EX. , 6-3-1997
(a) the manner of determining debts and liabilities under section 43;
(5) 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 section 54;
(d) the form of notice and particulars to be seni under clause (a ) , the rules subject to which the Collector may direct the payment of fine under clause (b), the form ofand the rime withinwhich a certificate is to be issued under sub - clause (i) of clause ( c) , of sub - section (2) and the circumstances in which the period may be extended under the proviso to clause (b) of sub-section (3) , of section. 55 ; and
(e) any other matter which is to be or may be prescribed under this Ordinance.
(3) Rules made under this section shall be subject to the condition of previous publication inthe Official Gazette.
(4) All rules made under this section shall be laid before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following .
(5) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect ." .
XCIX of Amendment of section 57 of Bom. XCIX of 1958.
7. In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Bom . Act , 1958 (hereinafter referred to as " the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act "), in section 57,- 1958.
(1) after sub -section ( 1 ) , the following new sub - section shall be inserted , namely:
1879 . Bom. V of " ( 1A) The land to which sub- section (1 ) applies and for which no permission is required under sub- section ( 1 ) of section 65B of the Bombay Land Revenue Code , 1879 for use of such land for a bonafide industrial purpose may, notwithstanding anything contained in sub -section. (1) of this section, be sold without the previous sanction of the Collector under sub-section (1 ). " ;
(2) in sub-section (2), after the words , brackets and figure " sub- section ( 1 ) " , the words , brackets , figure and letter " or sub - section ( 1A) " shall be inserted.
8. In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Arca ) Act, after section 89 , the following new section shall be inserted , namely:--
Insertion of new section in Bom . XCIX of 1958.
Bom .V of1879.
Sale of land for bonafide industrial pur- pose permitted in certain cases .
"89A. ( 1 ) Nothing in section 89 shall prohibit the sale or the agreement for the sale of land for which no permission is required under sub- section (1 ) of section 65B of the Bombay Land Revenue Code , 1879 in favour of any person for use of such land by such person for a bonafide industrial purpose :
Provided that-
33 of 1976.
(a) the land is not situated within the urban agglomeration as defined in clause (n) of section 2 of the Urban-Land ( Ceiling and Regulation ) Act , 1976 ,
INDEX 8-7
GUJARAT GOVERNMENT GAZETTE, EX. , 6-3-1997
PART IV ]
(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 a bonafide industrial purpose is proposed to be made by the purchaser:
Provided that any additional land which may be required for pollution control measures or required under any relevant law for the time being in force and certified as such by the relevant authority under that law shall not be taken into account for the purpose of computing four times the area ,
Bom. V of1879.
(d) where the land proposed to be sold is owned by a person belonging to the Scheduled Tribe, the sale shall be subject to the provisions of section 73AA of the Bombay Land Revenue Code,1879.
(2) Nothing in section 90 shall apply to any sale made in pursuance of sub-section ( 1) .
(3)(a) Where the land is sold to a person in pursuance of sub - section ( 1 ) (hereinafter referred to as " the purchaser " ) , he shall within thirty days from the date of the purchase ofthe land for a bonafide industrial purpose , send a notice of such purchase in such form alongwith such other particulars as maybe prescribed, to the Collector and endorse a copy thereof to the Mamiatdar.
(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 sentby 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 validły purchased the land for a bonafide industrial purpose in conformity with the provisions of sub -section ( 1 ), he shall issue a certificatetothat effect to the purchaser in such form and within such time as may be prescribed ,
(ii) is not so satisfied, he shall , after giving the purchaser an opportunity of being heard , refuse to issue such certificate and on such refusal , the sale of land to the purchaser shall be deemed to be in contravention of section 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 may, by an order in writing, authorise, in this behalf.
* (ii) The State Government or the authorised officer shall , after giving the appellant an opportunity of being heard, pass such order on the appeal as it or he deems fit.
(4) (a) The purchaser shall comply with the provisions of any law for the time being in force or any order or direction of the Central Government or State Government or any Corporation owned or controlled by such Government, Government Company , local authority or statutory authority in relation to use of land for industrial purpose before the land is putto use for such purpose .
INDEX 8-8
[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 6-3-1997
(b) The purchaser to whom a certificate is issued under sub- clause (i) of clause (c) of sub-section (3), shall commence industrial activity on such land within three years from the date of such certificate and commence production of goods or providing of services within five years from such date :
Provided that the period of three years or, as the case may be , five years may, on an application made by the purchaser in that behalf, be extended from time to time, by the State Government or such officer, as it may , by an order in writing authorise in this behalf, in such circumstances as may be prescribed.
(5) Where the Collector, after making such inquiry as the deems fit and giving the purchaser an opportunity ofbeing heard, conics to a conclusion that the purchaser has failed to commence industrial activity or proxluction 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 shajt vest in the State Government free from all encumbrances on payment to the purchaser of such conipensation 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 ." ,
Amendment of section 118 of Bom. XCIX of 1958.
9. In the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kútch Area) Act, in section 118, in sub -section (2 ) , after clause (xix) , the following new clause shall be inserted, namely :
" vix- a) the form of notice and particulars to be sent under clause(a), the rules subject to which Collector may direct the payment of fine under clause (b ), the form of and the time within which a certificate is to be issued under sub - clause (7) of clause ( c) , of sub - section (3 ) and the circumstances in which the period may be extended under the provisó to clause (h) of sub- section(4), of section 89A;" .
1996: Guj Ord. 21 of Repeal and savings .
10. (1) The Gujarat Tenancy and Agricultural Lands Laws (Amendment) (Second) Ordinance , 1996, is hereby repealėd.
(2) Notwithstanding such repeal , anything done or any action taken under the respective Acts , as amended by the said Ordinance , shall be deemed to have been done or taken under the respective Acts , as amended by this Act .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED. NO . G /GNR /2 .
Extra No, 9
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
SATURDAY , MARCH 15, 1997/ PHALGUNA 24, 1918 Vol . XXXVIII]
Separate paging is given to this Part in order that it may be filed as a separate complilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 14th March, 1997 is hereby published for general information.
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO 8. OF 1997.
(First published, after having received the assent of the Governor in' the Gujarat Government Gazette , on the 15th March, 1997).
AN ACT
to validate the levy and collection of tax on milk powder under the Gujarat Sales Tax Act, 1969 .
:
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows
1. (1) This Act may be called the Gujarat Sales Tax (Validation) Act, 1997. 1) Short titlo and commen-
cement:
(2) It shall be deemed to have come into force on the 11th January, 1997
১
2. In this Act , unless the context otherwise requires-
Quj . 1 of
Defini- tions .
1970.
(a) " the Act" means the Gujarat Sales Tax Act, 1969 ;
(b) the expressions " dealer " and "tax" shall have the meanings as respectively assignedto them in clauses ( 10) and (32) of section 2 of the Act.
9-1
V-Extra- 9-1
INDEX 9-2
[PART IX ...
GUJARAT GOVERNMENT GAZETTE , EX. , 15-3-1997
3. (1) Notwithstanding any judgement , decree or order of any court , tribunal or anthorityto the contrary--
Valida- tion of levy and collection of tax on milk powder under the Act
Guj . 1 of 1970.
Guj . 9 of 1992.
(a) insub -entry (i ) of entry 10 of Schedule I to the Gujarat Sales Tax Act, 1969 as in force before the date of the commencement of the Gujarat Sales Tax (Second Amendment) Act , 1992 (hereinafter referred to as " the said date" ) , the words " except milk powder" shall be and shal be deemed always to have been added at the end and formed part of the said sub- entry (i ) before the said date;
(b) a tax on milk powder levied , assessed , re - assessed or collected or purported to have been levied, assessed, re - assessed or collected under the Act before the said date shall be and shall be deemed always to have been validly levied , assessed, re- assessed or collected in accordance with law, as if the said sub - entry (i ) of entry 10 as so construed had been in force at all material times when the said tax was levied, assessed, re - assessed or collected, and accordingly-
(i ) no suit , appeal, application or other proceeding shall be maintained or con- tinued in any court or before any tribunal or authority whatsoever for the refund of the said tax,
(ii) no court , tribunal or other authority shall enforce any decree or order directing refund of the said tax,
(iii ) recoveries shall be made in accordance with the provisions of the Act , of all amounts collected by dealers by way of such tax under the Act , as if, theif, the said sub- entry (i ) of entry 10 as so construed had been in force at all material times.
(2) For the removal of doubt, it is hereby declared that-
(a) nothing in sub -section ( 1) shall be construed as preventing any person-
(i) from questioning , in accordance with the provisions of the Act, the levy, assessment, re - assessment or collection of the aforesaid tax as so validated under sub - section ( 1 ) , or
(ii) from claiming, in accordance with the provisions of the Act , refund of the aforesaid tax as so validated under sub -section (1 ) and paid by him in excess of the amount due from him ,
(b) no act or omission on the part of any person before the said date , shall be punishable as an offence which would not have been so punishable if this Act had not come into force .
4. ( 1) The Gujarat Sales Tax (Validation) Ordinance, 1997 is hereby repealed . Guj. Ord.. 1 of 1997: ۰۰ Repeal and savings.
(2) Notwithstanding such repeal, anything done or any action taken under the Act , as amended by the said Ordinance, shall be deemed to have been done or taken under the Act. as amended by this Act .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extra No. 10
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] WEDNESDAY, MARCH 26, 1997 CAITRA 5, 1919
Separate paging is given to this. Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd March, 1997 is hereby published for general information.
KÚM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 9 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette , on the 26th March , 1997. )
AN ACT
to authorise payment and appropriation of certain further sums from and out of the "Consolidated Fund of the State ofGujarat for the services ofthe financialyear ending on the thirty-first day ofMarch, 1997.
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows :
1. ThisAct may be called the Gujarat ( Supplementary )Appropriation Act, 1997. Short title.
year1996-9 2.From and out of the Consolidated Fund ofthe State ofGujarat, there shall be paid andapplied sums not exceedingthose specified in column3 ofthe Schedule hereto annexed amounting in the aggregate to the sum of two thousand one hundred eighty-eight crores , thirty-one lakhs ,thirty-six thousand rupees towards defraying the several charges which will come in course ofpayment during the financial year ending on the thirty-first day of March,1997, in respect ofthe services and purposes specified in column 2 ofthe Schedule.
Appropriation .
3. The sums authorised to be paid and applied from and out of the Consolidated Fund ofthe State of Gujaratby this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
10-1
INDEX
IV- EX.- 10-1 10-2
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
[ PART IV
THE SCHEDULE (See sections 2 and 3)
No. of.
Vote/
Services and Purposes
Appro-
priation
2
1
Revenue Agriculture , Cooperation and Rural Development Department
2 Agriculture
Revenue
Capitai
3
Revenue
Capital Minor. Irrigation, Soil Conservation and Area Development
4
Animal Husbandry.and
Revenue
Dairy Development
Capital
5
Co-operation
Revenue
Capital
Revenue 6 Other expenditure pertaining to Agriculture, Cooperation and Rural Development Department Capital
Revenue 7 EducationDepartment
8 Education
Revenue
Capital
Revenue و Other expenditure pertaining to Education Department
Capital
Revenue 10 Energy & Petro- Chemicals Department
11
Revenue Tax Collection Charges (Energy& Petro- Chem. Department)
INDEX
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fund
3
13,02,000
13,02,000
6,90,58,000
62,000
6,91,20,000
56,78,000
56,78,000
5,12,57,000
5,12,57,000
25,00,000
25,00,000 .
7,29,72,000
83,000
7,30,55,000
1,50,00,000
1,50,00,000
9,99,34,000
9,99,34,000
4,32,59,000
4,32,59,000
18,18,50,000
18,18,50,000
92,40,000
92,40,000
19,80,000
19,80,000
1,32,95,85,000 1,25,22,000
1,34,21,07,000 .
13,26,000
13,26,000
86,38,000
86,38,000.
25,000
25,000 PART IV ].
10-3
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
Services and Purposes
No. of Vote/ Appro
-priation
1
2
12
Energy Projects
Revenue Capital
13
Capital Oiher expenditure pertaining to Energy & Petro- Chemicals Department
14
Finance Department
Revenue Capital
15
Revenue
Tax Collection Charges (Finance Department)
16.
Revenue Treasury & Accounts Administration
Revenue 17 Rension & Other Retire- ment Benefits
18
Revenue Other expenditure pertaining to Finance Department
Capital
19
Revenue Repayment of debt pertaining to Finance Department
Capital
20
Revenue
Food & Civil Supplies Department
Revenue 21 Civil Supplies
Capital
22 Food
Revenue Capital
23
Revenue Capital Other expenditure pertaining to Food & Civil Supplies Department
INDEX
Sums not exceeding
5.
Voted
Total
Charged on the Consolidated Fund
3
6,67,81,00,000
6,67,81,00,000
18,64,000 18,64,000
3,16,21,000
3,16,21,000
1,53, 04,000
43,000
1,52,61,000
91,10,20,000
91,10,20,000
1,000
1,000
5,31,94,83,000
5,31,94,83,000
15,80,41,000
15,80,41,000
7,58,32,000
7,58,32,000
39,95,000
39,95,000
5,76,47,000
5,76,47,000
1,19,64,000
26,000
1,19,90,000
53,74,000
53,74,000
19,000
19,000
13,40,000 13,40,000 >
10-4
GUJARAT GOVERNMENT GAZETTE , EX:, 26-3-1997
Services and Purposes
No. of Vote/ Appro priation
1
2
Revenue 24 Forest and Environment. Department
Forest
25
Revenue Capital
Revenue 26 Environment
27
Capitai Other expenditure pertaining to Forest and Environment Department
Governor
28
Revenue
Revenue 29 Council of Ministers
Revenue 30 Elections
:
Revenue Public Service Commission
31
Revenue 2 General Administration Department
Revenue Economic Advice & Statistics
33
34
Revenue
Capital Otherexpenditure pertaining to. General Administration.
Department
Revenue
35 State Legislature
36
Capital Loans &Advances to Government Servants in Gujarat Legislature Secretariat
Revenue 37 Health and Family Welfare Department
Revenue Medical and Public Health.
38
INDEX
[ PART IV
Sums not exceeding
Total Voted
Charged onthe Consolidated Fund
3
27,50,000 22,30,000
4,92,05,000
4,72,000
4,87;33,000
25,33,000 25,33,000
41,20,000
41,20,000
18,85,000 18,85,000
15,06,32,000 15,06,32,000
11,25,000
-11,25,000
8,000
5,000
3,000
31,86,000.
31,86,000
7,16,000
7,16,000
8,60,000
8,60,000
2,50,000
2,50,000
45,00,000
45,00,000
29,32,10,000
4,13,000
29,27,97,000 10-5
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
PART IV ]
Services and Purpовся
No. of Vote/ Apprasto priation
2
1
Revenue
Family Welfare
39.
40 WaterSupply
Revenue Capita!
Revenue
41
Capital Other expenditure pertaining toHealth and Family Welfare Department .
Revenue
42 HomeDepartment
Revenue Police
43
Revenue Jails
44
Revenue
45 Transport
46.
Revenue Capital Other expenditure pertaining to Home Department
Revenue Industries & Mines Department.
47
Revenue
Stationery and Printing
48
Revenue Industries
49
Capital
Revenue Mines and Minerals
50
Revenues 51
Capital Other expenditure pertaining to Indusries and Mines Department ..
Revenue
52 Information, Broadcasting and Tourism Department
Revenue Information and Publicity
53
Revenue .
54 Tourism
Capital
INDEX
Sums not exceeding
Total
Voted
Charged onthe Consolidated Fund
1,51,20,000
1,51,20,000
5,30,000
5,30,000
1,78,000
1,77,000
1,000
1,28,30,000
1,28,30,000
75,23,000
2,000
75,21,000
47,96,91,000
1,69,84,000
46,27,07,000
2,63,00,000
2,63,00,000
6,25,50,000
6,25,50,000
1,18,36,000
5,05,000
1,13,31,000
78,96,000
78,96,000
13,25,000
13,25,000
1,51,68,000
1,51,68,000
2,000
2,000
37,000
37,000
30,000
30,000
29,28,29 28,000
29,28,000
2,25,000
2,25,000 10-6
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
Services andPurposes
No. of Vote/ Appro- priation
1
2
55
Revenue
Capiial Other expenditure pertaining to Information,Broadcasting ami Tanriam Departmrat
56
Revenue Labour and Employment Department
57 Labour and Employment
Revenue Capital
58
Capitai Other expenditure pertaining to Labour and Employmeat Department
59
Legal Department
Revenue Capital
60 Administration of Justice
Revenue
61
Revenue Capital Other expenditure pertaining to Legal Department
62
Revenue Legislative and Parliamentary Affairs Department
63
Capital Other expenditure pertaining to Legislative and Parliamentary Affairs Department
そ
64
Revenue Narmada and Water Resources Department
65
Narmada Development Scheme Capital
66 Irrigation and Soil Conservation Revenue Capital
67
Revenue
Capital Other expenditure pertaining to Narmada and Water Resources Department
INDEX
[ PART IV
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fond
3
12,25,000
12,25,000
12,70,000
12,70,000
14,68,000
14,68,000
3,65,000
4,17,08,000
4,20,73,000
5,30,000
5,30,000
19,00,000
19,00,000
2,97,34,000 1,98,75,000
4,96,09,000
26,08,000
26,08,000
1,000
1,000
1,14,000
1,14,000
16,30,000
16,30,000
95,00,00,000
95,00,00,000
9,14,60,000
10,27,89,000 1,13,29,000
80,30,00,000 3,04,65,000.
83,34,65,000
6,56,75,000
6,56,75,000
1,13,32,000
1,13,32,000 PART ' IV ] .
10-7
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
No. of
Vote/ Services and Purposes
Appro- ς
priation
1 2
66 Fencimyais and Rumi Ficusing Kevenue
Department
CommunityDevelopmcat Revenue
70 Rural Housing Revenue
Capital
71 Compensation and Revenge
Assignmenis
72 Other expenditure pertaining Revenue
to Panchayats and Rural Capital
Housing Department .
73 Fisheries Revenue
A
Capital
74 Other expenditure pertaining Revenue
to Ports nd Fisheries Capital
Department
75 Revenue Department Revenue
76 Tax Collection Charges Revenue
(Revenue Department)
77 District Administration Revenue
78 Relief on Account of Natural Revenue
Calamities Capital
79 Dang District Revenue
80 Compensation and Revenue
Assignments. Capital .
81 Other expenditure pertaining Revenue
to Revenue Department Capital
INDEX
Sums not exceeding
Voted Charged Total
on the
Consolidated
Fund
18,16,000 18.16.000
9,64,82,000 9,64,82,000
27,90,000 13,19,02,000 13,46,92,000
3,54,87,000 3,54.87.000
8.10,61,000 8,10,61,000
1,28,77,000 1,28,77,000
3,68,51,000 3,68,51,000
3,41,000 3,41,000,
8,54,000 8,54,000
48,28,000 48,28,000
73,22,000 19,04,000 92,26,000
23,12,78,000 23,12,78,000
25,00,00,000 . 25,00,00,000
36,25,000 36,25,000
1,80,64,000 1,80,64,000
5,46,25,000 5,46,25,000
8,16,000 8,16,000
1,17,08,000 1,17,08,000
10-8
[ PART IV
GUJARAT/ GOVERNMENT GAZETTE, EX. , 26-3-1997
Services and Purposes
No. of Vote/ Appro- priation
2
1
82..
Revenue
Roads and Buildings Department
83
Non-Residential Buildings Revenue Capital
84
Residential Buildings
Revenue Capital
85 Roads and Bridges
Revenue . Capital
86 Gujarat Capital Construction Scheme
Revenue Capital
87
Revenue Capital Other expenditure pertaining to : Roads and Building Department
88
Revenue
Social Welfare and Tribal Development Department
89 State Excise
Revenue
90 Social Security and Welfare Revenue Capital
91 Welfare of Scheduled Tribes
Revenue Capital .
92
Capital.
Other expenditure pertaining to Social Welfare Department
93
Special Component Plan for Scheduled Castes
Revenue Capital
94
Tribal Area Sub, Plan.
Revenue Capital .
INDEX
Sums not exceeding.
Voted
Tot
Charged onthe Consolidated Fund
3
11,20,000
11,20,000
7,67,92,000 22,84,000
7,90,76,000
1,000
1,000
1,66,55,000
1,66,55,000
32,51,81,000
33,01,96,000
50,15,000
26,08,61,000 11,56,000
26,20,17,000
36,00,000
36,00,000
18,00,000
9,12,000
27,12,000
1,86,30,000 1,10,26,000
2,96,56,000
3,52.77,000
3,52,77,000
12,30,000 12,30,000
24,00,000 24,00,000
15,85,74,000
15,85,74,000
1,000 1,000
28,76,000 28,76,000
1,56,44,000
1,56,44,000
26,72,17,000
11,14,000
26,61,03,000
5,88,000
15,37,97,000
15,43,85,000 10-9
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
PART IV ]
Services and Purposes
No. of Vote/ Appro- priation
2
1
Revenur 95 Urban Development and Uthan Housing Department
Revenue
Urban Housing
Capital
97 Urban Development
Revenue Capital
Revenue Compensation, Assignument and Inx Collection Charges
Revenue 99
Capital Other expenditure pertaining to Urban Development and Urban Housing Department
Revenue 100 Youth Services and Cultural Activities Department
Revenue 101 Youth Services and . Cultural Activities
Capital 102 Other expenditure pertaining to Youth Services and Cultural Activities Department
Revenue Total :
Capital
Grand Total :
Sums not exceeding
Total Voted
Charged onthe Consolidated Fund
3.
7,96,30,000 2,96,00,000
5,00,30,000
21,05,88,000 21,05,88,000
9,75,30,000 0,75,30,000
28,00,00,000 20,00,00,
8,00,00,000
41,86,000
41,86,000
2,15,000 2,15,000
82,64,000
82,64,000
6,15,000
6,15,000
13,40,24,59,000 85,73,55,000
12,54,51,04,000
8,48,06,77,000
10,89,53,000
8,37,17,24,000
21,88,31,36,000 .
96,63,08,000
20,91,68,28,000
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO . GIGNR/2 .
Extra No. 11
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] WEDNESDAY, MARCH 26, 1997 CAITRA 5, 1919
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information.
KUM. H. K. JHAVERI ,
Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 10 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March , 1997.)
AN ACT
further to amend the Bombay Stamp Act, 1958 .
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows :
(Gujarat
Stamp
Shori title and commen- cement .
1. (1) This Act may be called the Bombay . Amendment) Act, 1997.
t
(2) It shall come into force on the 1st April , 1997.
Bom. LX of
1958.
Amendment of Schedule 10. Bom . LX of 1958.
2. In the Bombay Stamp Act , 1958 (hereinafter referred to as " the principal Act" ), in Schedule 1,
IV-EX.- 11-1
11-
INDEX 11-2
[ PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
(1) for article 6, the following shall be substituted, namely
" 6. AGREEMENT OR MEMORAN- DUM OF AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS , PAWN , PLEDGE OR HYPOTHECA- TION, that is to say any instrument evidencing an agreement or memoran- dum of agreement relating to-
( 1 ) the deposit of title deeds or instru- ments constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of money ad- vanced or to be advanced by way of loan or an existing or future debt ...
(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidenc- ing the agreement,--
(i) where the amount of loan or debt does not exceed Rs . 15,00,000
Fifty paise for every hundred rupees or part thereof .
(ii) where it exceeds Rs . 15,00,000
Subject to maximum of one lakh rupees , one rupee for every hundred rupees or part thereof.
Half the duty payable under sub - clause. (a) .
(b) if such loan or debt is repayable not more than three months from the date of such instrument
(2) the pawn, pledge or hypothecation of movable property , where such pawn, pledge or hypothecation has been made by: way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt-
Nil.
(i) where the amount of loan or debt does not exceed Rs. 5,00,000
(ii) where it exceeds Rs . 5,00,000.
One hundred rupees for every one lakh rupees or part thereof.";;
INDEX 11-3 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX . , 26-3-1997
(2) in article 20 ,
(i ) after clause (c) , the following clause shall be inserted , namely :-
Two rupees for every hundred rupees or part thereof of the market value of the "property which is the subject mat- I of ter of such conveyance. " ; 1956 .
"(d) Conveyance , so far as it re- lates to amalgamation of companies under the order of the High Court under section: 394 of the Com- paniesAct, 1956.
(ii) after Explanation II, the following Explanation shall be inserted , namely :-
" EXPLANATION III , For the pur- poses of clause (d) , the market value of the property shall be deemed to be the amount of total value of shares issued orallotted by the transferee company , either in exchange or otherwise, and the amount of consideration , if any, paid for such amalgamation . " ;
(3) in article 30, after clause (c) , the following clause shall be inserted , namely :-
"(d) where the lease relates to movable property.
Two rupees for every hundred rupees or part thereof on the amount of average annual rent plus the total amount of fine or premium or money ad- vanced or to be advanced, irrespective of the period for which such lease or agreement to lease is ex- ecuted. ".
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO . G/GNR/2 ..
Extra No..12
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
CAITRA, 5 , 1919 Vol . XXXVIII ] WEDNESDAY , MARCH 26 , 1997
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
:
The following Act of the Gujarat Legislature; having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO. 11 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March, 1997.)
AN ACT
further to amend the Gujarat State Tax on Professions , Trades, Callings and Employ- ments Act , 1976 .:
It is hereby enacted in the Forty- eighth Year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat State Tax.on Professions, Trades, Callings andEmployments (Amendment) Act , 1997.
Short title and commence- ment .
(2) It shall come into force on the 1st Aprii , 1997.
President'sAct No.11 of1976:
2. IntheGujarat State Tax on Professions, Trades, Callings and Employments Act, Amendment of 1976, in Schedule I,
Schedule I to President's Act No. 11 of1976.
12-1
IV- EX.- 12-1
INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
12-2
(1) in entry 1, for items (1) to (iv), the following items shall be substituted, namely:-
Nil.
"(i) less than Rs . 3,000
Rs . 20 per month .
(ii) Rs . 3,000 or more but less than Rs . 6,000
Rs. 40 per month .
; (iii) Rs . 6,000 or more but less than Rs . 9,000
Rs . 60 per month.
(iv) Rs. 9,000 or more bat less than Rs . 12,000
Rs . 80 per month. ";
(v)Rs .12,000 or more
(2) in entry 2,
(4) in clause (7), in columns 2 and 3, for the portion beginning with the words "where the standing in the profession " and ending with the letters , figures and words "Rs . 250 every year ", the following shall be substituted, namely: -
"(A) where the person is not liable to income tax and whose standing in the profession or cailing mentioned above is-
Nil
(i) upto five years
Rs . 150 every year .
(ii) more than five years but not more than ten years
Rs . 500 every year.
(iii) more than ten years
Rs 1,000 every year. " ;
(B) where the person is liable to income tax and engaged in the profession or calling mentioned above
(b) in clause (2), for the letters and figures : " Rs . 10,000 " , the letters and figures "Rs . 36,000 " shall be substituted;
(3) in entry 3,
(a) in items (i) , (ii ) , (iii) and ( iv), in column 3, for the letters and figures " Rs.250 " , the letters and figures " Rs . 500 " shall be substituted;
(b) for item (v), the following shall be substituted, namcly
(v) Companies registered under the Companies
I of 1956.
Act, 1956 and engaged in any profession trade or calling
Rs. 500 every year.
(a) Private Limited Companies.
Rs . 1,000 every year. ",
(b)Public Limited Companies
INDEX 12-3 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. , 26-3-1997 (c) in items (vi) and (vii ), in column 3, for the letters and, figures " Rs . 250 " , the letters and figures " Rs . 1,000 " shall be substituted:
(d) in items (ix) and (x) , in column 3, for the letters and figures "Rs . 250 ", the letters and figures "Rs . 500 " shall be substituted;
(4) in entry;4,
(a) in columa3, for the letters and figures " Rs . 250" , the letters and figures "Rs . 500" shall be substituted;
(b) in the Exemptions ,-
(i) ip para (1) , for the words " one lakh of rupees " , the words " five lakhs of rupees " shall be substituted;
(ii) in para (2), for the words " ten thousand rupees" , the words " thirty -six thousand rupees shall be substituted;
(5) in catry 5, in column 3, for the letters and figures "Rs . 250" , the letters and figures "Rs . 500 " shall be substituted ;
(6) in entry 7, for items (1) to (iii) , the following items shall be substituted, namely: -
Nii .
"(1) not more than Rs . 2,50,000
Rs . 250 every year.
(ii) more than Rs . 2,50,000 bur not more than Rs . 5,00,000
Rs . 500 every year .
(iii) more than Rs . 5,00,000 but not more than Rs . 10,00,000
Rs . 1,000 every year. " ;
(iv) more than Rs . 10,00,000
(7) in entry 8, in column 3, for the letters and figures " Rs . 250 " , the letters and figures "Rs . 1,000 " shall be substituted;
(8) in entry 9,-
(a) in item (i), in columa 3, for the letters and figures "Rs . 250 " , the letters and figures "Rs . 500 " shall be substituted;
:
(b) in item (ii), in column 3, for the letters and figures " Rs . 200 " , the letters and figures "Rs . 250" shall be substituted;.
(9) in entry 10, in column 3, for the letters and figures "Rs . 150" , the letters and figures "Rs . 250" shall be substituted.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. GIGNR/2 ,
Extra No. 13
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY, MARCH 26 , 1997 CAITRA 5, 1919
Vol . XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART- IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO . 12 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March, 1997.)
AN ACT
farther to amend the Bombay Motor Vehicles Tax Act , 1958
It is hereby cusuted in the Forty- eighth Year of the Republic of India as follows:
1. (1) This Act may be called the Bombay Motor Vehicles Tax ( Gujarat Seer die aud Amemiment ) Act , 1997 mest
(2) It shall come into force on the 1st April , 1997.
ofFirst to of Bom. LXV of 1958 .
2. In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter reterred Amendment to as " the principal Act " ) , in the First Schedule, in Part I, under the Schedulev heading " A. Motor vehicles fitted solely with pneumatic tyres " , for clause 1958. Ill , the following shail de substituted , namely:-
13-1
IV- EX -13-1
INDEX 13-2
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
[ PART IV
"III.Motor vehicles (including tricycles) used for the carriage of goods or materials
800
(a) Vehicles the registered laden weight of which does not exceed 750 KG
1200
(b) Vehicles the registered laden weight of which exceeds 750 KG but does not exceed 1500 KG
1900
(c) Vehicles the registered laden weight of which exceeds 1500 KG but does not exceed 3000 KG
2100
(a) Vehicles the registered laden weight of which exceeds 3000 KG but does not exceed 4500 KG
3100
(e) Vehicles the registered laden weight of which exceeds 4500 KG but does not exceed 6000 KG
3800:
(1) Vehicles the registered laden weight of which exceeds 6000 KG but does not exceed 7500 KG
(g ) Vehicles the registered laden weight of which exceeds 7500 KO
The rate specified in ( 1) above plus Rs . 275 for every 250 KG or part thereof in excess of7500. KG
Provided that where a tax on motor vehicles is levied by any local authority the maximum annual rates of tax under this clause for motor vehicles registered for ise solely within the limits of such local authority shall ,
(i) in cases where such motor vehicles are wholly or partially exempted by such local authority from the tax levied by such local authority , be the rates specified in this clause;
(ii) in any other case , be two-thirds of the rates so specified. " .
INDEX 13-3 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX. ,, 26-3-1997
ofSecond LXV endment Schedule to 1958 .
IIIe for entries (a) , ( b ) and (c) , the following shall be substituted, 3. In the principal Act, in the Second Schedule , in Part - I, under the vehicles fitted solely with pneumatic tyres " , in clause heading " A, Motor namely:
11000
"(
a) Vehicles not exceeding 750 KG in weight, unladen.
16000
(b ) Vehicles exceeding 750 KG in weight, unladen , but not exceeding 1000 KG in weight, unladen .
21000
(c) Vehicles exceeding 1000 KG in weight, unladen, but not exceeding 1250 KG in weight, unladen .
24000 (d) Vehicles exceeding 1250 KG in weight, unladen, but not exceeding. 1500 KG in weight , unladen.
30000.".
(c) Vehicles exceeding 1500 KG in weight, uniaden, but act exceeding 2250 KG in weight , unladen .
Bom. LXV 1958.
4. In the principal Act , in the Third Schedule , in Part- I, under the Amendment heading "A. Motor vehicles fitted solely with pneumatic tyres , for che clause III, the following shail be sübstituted, namely:--
" III. Moter vehicles other than those liabic to tax under the foregoing provisions of this Schedule-
(i) owned by an individual , a local authority, a public trust , a University , or an educational or social welfare institution-
INDEX 13-4-
j
[ PART IV
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
Maximum rate of lump sum tax .
Vehicles not exceeding 750KG in weight, unladen.
Vehicles exceeding 750 KG in weight , untaden but not exceeding 1000KG in weight , unladen. Rs . (b)
Rs (8)
Ifthe vehicle is already registered and its age from the month of registration is-
15200
10450
(i) not more than 2 years.
14400
9900
(ii). more than 2years but not more than 3 years.
13600
9350
(iii) more than 3 years, but not more than 4 years.
12800
8800
( iv) more than 4years but not more. tham5 years
1.2000
8250
(v) more than 5 years bo than 5 years
11200
7700
more tilan 6years but act niore than 7 years
715
10400
(vii) more than 7 years but not more than 8 years.
9600
660
(viii ) more than 8 years but not more than 9 years .
INDEX
Vehicles exceeding 1500KG in weight , unladen but not exceeding 2250KG in weight, unladen. Rs. (e)
Vehicles exceeding 1250KG in weight , unladen but not exceeding 1500KG in weight , unladen. Rs . (d)
Vehicles exceeding 1000KG inweight, unladen but not exceeding 1250KG in weight, unladen . Rs . (c)
28500
:22800
19950
27000
21600
18900
25500
20400
17850
24000
19200
16800
22500
18000
15750
21000
14700
19500
15600
13650
18000
14400
12600 13-5
GUJARAT GOVERNMENT GAZETTE, EX . , 26-3-1997
PART IV ]
(b)
(a)
8800
6050
(ix) more than 9 years but not more than 10 years.
8000
5500
(x) more than 10 years but. not more than 11 years .
7200
4950
(xi) more than 11 years but not more than 12 years .
6400
4400
(xii) more than 12 years but hot more than 13 years.
5600
3850
(xiii ) more than 13 years but not more ihan 14 years .
4800
3300
(xiv) more than 14 усагь .
(11)
(d)
(e)
(c)
16500
13200
11550
15000
12000
10500
13500
10800
9450
12000
9600
8400
10500
8400
7350
9000
7200
6300
Twice the rates specified above ." .
owned by a ресьор other than an individuál Incal authonly, a public trust , a University or an educational os social welfare institution .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. GIGNR/2,
Extra No. 14
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] WEDNESDAY, MARCH 26 , 1997 CAITRA 5, 1919
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 13 OF 1997,
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March, 1997.)
AN ACT
to repeal the Gujarat Carriage of Goods Taxation Act , 1962 .
it is bendly enacted in the Funy- eighth Tear of the Republic of indis as follows: -
1. This Act may be called the Gujarat Carriage of Goods Taxation Short title. (Repeal ) Act, 1997 .
الرقم
Guj . XXXIII of1962.
XXXIY 2. On and from the ist April , 1997 , the Gujarat Carriage of Goods Repealof Taxation Act , 1962 shali stand repealed . of 1962.
141
IV-EX.- 14-1
GOVERNMENT CENTRAL PRESS , GANDHINAGAR..
INDEX REGISTERED NO. G /GNR/2.
Extra No. 15
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY, MARCH 26 , 1997 CAITRA 5 , 1919
Vol . XXXVII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART- IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information.
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO . 14 OF 1997 .
(First published , after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March , 1997.) .
ANACT
further to amend the Gujarat Entertainments Tax Act , 1977
It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:-
and conmmen. cement .
1. ( 2 ) This Act may be called the Gujarat Entertainments Tax (Amendment ) Short title Act, 1997.
(2) in shali come into force on the 1st April , 1997.
Is of
Gui
Guj . 16 of 2. In the Gujarat Entertainments Tax Act, 1977 ( hereinafter referred to as "the Amendment of principal Act " ) , in section 2, for clause (f) , the following shall be substituted, 1 namely :-
" (f) " local area " means-,
Bom . LIX of 1949.
(1) aCity as defined in clause (8) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949;
15-
IV- EX.- 15-1
INDEX 15-2
[ PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
0
1964. (ii) a municipal borough as defined in clause (13) of section 2 of the 34 of GujaratMunicipalities Act, 1963;
(iii) a village as specified by the Governor under clause (g ) ofarticle 243 of the Constitution of India;
1993. (iv) a taluka or a district as defined in clause (25) or, as the case may be, o 18 of clause(5) of section 2 of the Gujarat Panchayats Act, 1993;
(v) a cantonment as constituted for the time being under the Cantonments 2 of 1924. Act, 1924." .
3. In the principal Act, in section 6 ,
Amendment of section 6 of Guj 16 of 1977.
(1) in sub -section (3) , for the words , brackets and figure " in, sub -section' (5) " , the words and letter " in Schedule I shall be substituted;
(2) in sub- section (5) , in the Explanation, for clause ( i) , the following shall be substituted, namely:-
"(i) the expression " specified area " means a local area , the population of which is within the limits shown in column 3 of Schedule I against any of the serial numbers mentioned in column 1 thereof :
Provided that where any specified area is within a radius of five kilometres from any other local area, the population of which is more than three lakhs, such specified area shall not be construed to be a specified area for the perpose of this section; ".
4. In the principal Act, in section 65, ---
Amendment of session 6B of Ca 15 of 1977,
(1) in sub-section ( 1 ) , for the heading "For other ares " , the heading "For the area other than urban area and rurai area " shall be substituted;
(2) in the Explanation;
(1) for clause (a) , the following shall be substituted, namely :-
"(a) the expression " urban area " means-
1 Ga City as defined in clause (8) of section 2 of the Bombay Bom. LIX of Provincial Municipal Corporations Act, 1949; 1949 .
Guj 94 1964. 1964.
(ii) a municipal borough as delined in clause ( 13 ) of section 2 of the Gujarat Municipalities Act, 1963;
(ii) a cantonment as constituted for the time being under îne 2 of 1924. Cantonments Act, 1924. " ;
(i) for clause (o), the following shall be substituted, namely
: "(b) the expression " rural area " means the area of a village specified by the Governor under clause (g) of article 243 of the Constitution of India:
INDEX 15-3
PART IV ] GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 26-3-1997
LIX of
Bom .
1949:
34 of
Guj . 1964.
Provided that where any area of a village is within a radius of five kilometres from any City as defined in clause (8) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 or from any municipal borough as defined in clause (13) of section 2 of the Gujarat Municipalities Act, 1963, such area shall not be construed as rural area ..
Substitution of Ito Guj . 16 of 1977.1977 Schedule 5. In the principal Act, for Schedule I , the following shall be substituted, namely:
" SCHEDULE - 1
(Ses section 6 )
The rates of tax.
Limitof population Sr. No.
Class of specified area
Rateoftax fortouring cinema
Rate of tax for
cinema (other
than touring
cinema)
(3).
(2)
(1)
A
1 to 15,000
15,001 to 50,000
C
50,001 to 3
4.
1,00,001 το D
६
(5)
(4)
Twentyper cent. of gross-tax collection of a show multiplied by seven .
Twentyper cent.. ofgross tax collection of a show multiplied by twelve.
Thirty per cont. of gross'tex collection of a show multiplied by seven ,
Thiriy per cent. of gross tax collection of a show multiplied by fourteen.
Thirty-five per cent . of gross lax pollution of a show maltiplicai by twenty- four.
Thirty-five per cent . of gross tax collection of a show ma plied by seven.
Thirty- five per cent, of gross tax collection of a show multiplied by seven.
Forty per cent. ofgross tax collection of a show multiplied by twenty-six..
Explanation. The population in relation to the specified area means the popula- tion thereof- as ascertained at the last preceding census of which the relevant figures have been published. " .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extra No. 16
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] WEDNESDAY, MARCH 26, 1997 CAITRA 5 , 1919
Separate paging is given to this Part in order that, it maybe filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature , having been assented to by the Governor on the 22nd March, 1997 is hereby published for general information.
KUM . H. K. JHAVERI,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 15 OF 1997 .
(First published , after having received the assent of the Governor in the Gujarat of Government Gazette , on the 26th March , 1997. ) .
AN ACT
further to amend the Gujarat Sales Tax Act , 1969
It is hereby e cted in the Forty-eighth Year of the Republic of India as follows : --
Short title and commen- cement.
1. ( 1) This Act may be called the Gujarat Sales Tax ( Amendment) Act, 1997,
(2) It shall come into force on the 1st April , 1997 .
Amendment of section 2 of Guj . 1 of 1970 .
2. In the Gujarat Sales Tax Act , 1969 (hereinafter referred to as " the principal Guj . 1 of 1970. Act " ) , in section 2,-
(1) for clause (21 ), the following clause shall be substituted, namely: --
"(21) "prohibited goods " means the goods described in entries 1 , 2, 4, 5, 12, 134, 138, 15, 16A, 17, 19, 20, 21 , 22, 224, 23 , 25, 27, 32, 33, 34, 35, 36, 37 , 38, 40, 42, 44, 45 , 46 , 54, 55, 57, 59, 60, 61A and 62 in Schedule II , Part A, or in entries 1 , 2 and 7 in Schedule II , Part B and such other goods
16-1
IV- EX .- 16-1
INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997.
16-2
as the State Government may , from time to time, by notification in the Official Gazette, specify." ;
(2) in clause (32) , the words " turnover tax " shall be deleted.
3. In the principal Act, section 10A shall be deleted.
Deletionof section 10A of Guj.1of1970.
4. In the principal Act, in section 11,
Amendment of section 11 of Guj. 1 of1970.
(1) for the figures, word and letter " 7, 8 or 10A " , the figures and word " 7 or 8" shall be substituted;:
(ii) in the marginal note , for the figures , word and letter " 7, 8 or 10A" , the figures and word " 7 or 8 " shall be substituted.
5. In the principal Act, in section 15A, for the figures and words "2.4 paise in the rupee " , the words " two paise in the rupee " shall be substituted.
section 15A of Amendment of Guj . 1 of 1970.
6. In the principal Act , in section 15B, for the figures and words " 4.8 paise in the rupee " , the words " six paise in the rupee " shall be substituted.
Amendment of section 15B of Guj . 1 of 1970.
Amendment of section 46 of Guj . 1 of 1970.
7. In the principal Act , in section 46, in sub- section ( 1 ), for the words , figures and letter " section 10A or section 56 or both " occurring at two places , the word, and figures " section 56 " shall be substituted.
8. In the principal Act, after section 55B, the following new section shall be inserted , namely :-
Insertion of 55BB in Guj . I of19.70. section
Composition of tax on lottery tickets .
"55BB. The Commissioner may, subject to such conditions as may be prescribed, permit any dealer engaged in sale of lottery tickets to pay at his option in lieu of the amount of tax leviable from him on the sale of lottery tickets under section 7 in respect of a month , a lump sum by way of composition at the rate of two lakhs fifty thousand rupees per lottery scheme, in a month or part thereof ." .
9. In the principal Act, after Chapter V, the followix new Chapter shall be inserted, namely:
Insertion, of new Chapter in Guj . 1 of1970.
"CHAPTER VA
DEDUCTION AT SOURCE
57A. , For the purposes of this Chapter, unless the context otherwise requires,-- Definitions .
(a) "contractor or " sub- contactor " means the dealer referred to in sub- clause (1) of clause (10) of section 2;
(b) "specified sale " means the sale referred to in sub- clause (c) of clause (28) of section 2;
(c) "specified safe price " means the sale price referred to in sub - clause (b) of clause (29) of section 2; and
INDEX 16-3 :
PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
(d) " specified works contract " means a works contract, the specified sale price ofwhich exceeds ten lakh rupees ..
Deduction at source in cer- cases .
sales 57B. (1) Notwithstanding that the assessment in respect of the specified sales is to be made for a year or part of a year , the tax on such sales shall be payable at tain source in accordance with the provisions of this section. :
(2) Nothing in sub- section (1) shall prejudice the levy of tax on the specified 'sales under sections 7 and 8 .
(3)(a).Any person responsible for paying specified sale price to a contractor for carrying out any work in pursuance of a specified works contract, shall at the timeofpayment of the whole or part of the specified sale price , deduct from such price an amount equal to two paise in a rupee of such payment as a tax on specified sales:
(b) Any person being a contractor responsible for paying specified sale price to a sub - contractor in pursuance of a contract with the sub -contractor for carrying . out the whole or part of the work undertaken by the contractor in respect of a specified works contract, shall at the time of payment of the whole or part of the specified, sale price , deduct from such price an amount equal to two paise in a rupee of such payment as a tax on specified sales.
(4) (a) Where the Commissioner is satisfied that the contractor or the sub- con- tractor is not liable to pay tax under this Act on specified , sales involved in any specifiedworks contract, he shali , on an application made by the contractor or the sub-contractor in this behalf, give him a certificate to that effect in such form as maybe prescribed.
(b) Where any such certificate is given under clause (a ) , the person responsible for paying any specified sale price under clause (a) or clause (b) of sub -section (3) shall not deduct any amount as tax in respect of the specified works contract mentioned in the certificate.
(5) Any amount deducted as tax in accordance with the provisions ofsub - sec- tion (3) , shall be deemed to be an amount received by the contractor or the sub- contractor as part of the specified sale price in pursuance of the specified works contract.
(6) Any person deductir g the amount as tax in accordance with the provisions ofsub -section (3) shall-
(a) pay such amount into a Government Treasury within ten days from the date of deduction of the amount,
(b) obtain a treasury receipt therefor , and
(c) furnish a copy of such receipt to the contractor or , as the case may be, the sub -contractor.
(7) Every person deducting the amount as tax in accordance with the provisions of sub - section (3 ) shall , at the time of payment of the whole or part of the specified sale price, furnish to the contractor, or , as the case may be , the sub-contractor a certificate specifying the amount so deducted and such other particulars as may be prescribed .
INDEX [ PART IV 16--4
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
(8) Any deduction made in accordance with the provisions of sub - section (3) and paid into the Government Treasury under sub- section (6) shall be treated as a payment of tax or, as the case may be, lump sum by way of composition under section 55A, on behalf of the contractor or, as the case may be, the sub- contractor, and, on the production of a certificate furnished to him under sub-section (7), alongwith a copy of a treasuary receipt given to him under sub - section (6 ), credit shall be given to him for the amount so deducted in the assessment of tax, if any, made under this Act for the relevant year or; as the case may be , in the payment of the lump sum.
(9) Where an amount as tax on specified sales has not been deducted in accordance with the provisions of this section , the tax on specified sales shall be payable by the contractor or , as the case may be , the sub -contractor directly . (10) Where any amount deducted under sub -section (3) remains unpaid after expiry of the time specified in sub - section ( 6) , such amount shall be recoverable as an arrear of land revenue and the sales tax authorities shall , for the purpose of effecting recovery of the amount, exercise the powers conferred on them under *ection174
(11 ) (a ) If any person does not deduct an amount under sub - section (3) or after deducting the amount under that sub - section , fails to pay the same into the Government Treasury under sub - section (6) within the time specified therein , be shall be liable to pay such penalty not exceeding twenty- five per cent . of the amount required to be deducted by him under sub -section (3 ) as may be imposed by the Commissioner .
(b) The Commissioner shall, for the purpose of imposing penalty under clause (a) , exercise the same powers as are conferred on him under sub- sections (3) and (4) of section 46 in relation to imposing of penalty under that section.
(12) Where a person deducting the amount of tax in accordance with the provisions of sub- section (3 ) does not pay the amount so deducted into the Government Treasury under sub - section (6) within the time specified therein , there shall be paid by such person, in addition to the penalty imposed on him under sub- section (11 ) , for the period commencing on the date of expiry of the time specified in sub -section (6) and ending on the date of payment of the amount into the Government Treasury , simple interest at the rate of twenty- four per cent . per annum on the amount not'so paid or any less amount remaining unpaid during that period.".
10. In the principal Act , in Schedule 1, -
Amendment et Guj , 1 of1970. (1)after the entry at serial No. 74, the following new entry shall be inserted , namely:-
3
2
1
Rain Coat
744
(2) in the entry at serial No. 93, in column 2, for the brackets and words "(other than aerated, mineral , medicinal or tonic water) " , the brackets , words , figures and letter " (other than the goods specified in entries at serial Nos . 65 and 154 in Schedule. II , Part A) " shall be substituted .
INDEX 16-5 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
Amendment
11. In the principal Act, in Schedule II , in Part A,-
ofSchedule II, Part-AtoCiuj. 1 of1970.
(1) in the entry at serial No.11, in columns 3 and 4, for the words "Seven paise in the rupee " , the words "Eight paise in the rupee " shall be substituted;
(2) in the entry at serial No.12, in columas 3 and 4, for the words " One paise in the rupee " , the words " Two paise in the rupee " shall be substituted;
(3) in the entry at serial No. 16, in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;
(4) in the entry at serial No. 18, in columns 3 and 4, for the words "Seven paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
(5) in the entry at serial No. 20, in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;
(6) in the entry at serial No. 21 , in columns 3 and 4, for the words " Seven paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
(7) in the entry at serial No. 23 , in columns 3 and 4 , for the words " Five paise in the rupee " , the words "Two paise in the rupee " shall be substituted;
(8) in the entry at scrial No. 25, in columns 3 and 4, for the words "Five paise in the rupee ", the words " Six paise in the rupee " shall be substituted;
(9) in the entry at serial No. 26 , in columns 3 and 4, for the words "Ten paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;
(10) in the entry at serial No. 29, in columns 3 and 4, for the words "Five paise in the rupee", the words " Twe paise in the rupce " shail be substituted;
(11) in the entry at serial No. 30, in columns 3 and 4, for the words "Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted;
(12) in the entry at serial No. 32, in columns 3 and 4, for the words "Ten paise in the rupee " , the words " Twelve pais in the rupee " shall be substituted;
(13) in the entry at serial No. 36, in columns 3 and 4, for the words "Six paise in the rupee " , the words "Eight paisc in the rupec " shall be substituted;
(14) in the entry at serial No. 38, in columns 3 and 4, for the words " Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
:
(15) in the entry at serial No. 39, in columns 3 and 4, for the words "Seven paise in the rupee " , the words "Eight paise in the rupee " shall be substituted;
(16) in the entry at serial No. 40, in columnis 3and 4, for the words " Eighteen paise in the rupee " , the words "Twenty paise in the rüpee " shall be substituted ;
1
INDEX [ PART IV 16-6
GUJARAT GOVERNMENT GAZETTE, EX. , 26-3-1997 .
(17) in the entry at serial No. 42, in sub - entry (ii ) , in columns 3 and 4, for the words " Five paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
(18) in the entry at serial No. 43, in columns 3 and 4, for the words " Seven paise in the rupee " , the words "Six paise in the rupee " shall be substituted;
(19) in the entry at serial No. 44 , in sub- entry (A) , in column 2, for item (xvi) , the following item shall be substituted , namely :
"( xvi) polythene packing , materials, plastic coated paper , biaxally oriented polypropylene (B.O.P.P. ) and aluminium coated paper; " ;
(20) in the entry at serial No. 47 , in columns 3 and 4 , for the words " Ten paise in the rupee " , the words " Eight paise in the rupee " shall be substituted ;
(21) in the entry at serial No. 49 , in sub - entry (2), in columns 3 and 4 , .for the words "Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted;
(22) in the entries at serial Nos . 51 , 52 and 53 , in columns 3 and 4 , for the words " Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted; ;
D (23) in the entry at serial No. 54, in columns 3 and 4, for the words " Five paise in the rupee" , the words " Six paise in the rupee " shall be substituted;
(24) in the entry at serial No. 55, in columns 3 and 4, for the words " Seven. paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;
(25) in the entry at serial No. 57, in columns 3 and 4, for the words " Five paise in the rupee " , the words " Six paise in the rupee " shall be substituted; :
(26) in the entry at serial No. 58, in columns 3 and 4, for the words " Five paise in the rupee " , the word " Four paise in the rupee " shall be substituted ;
(27) in the entry at serial No. 60, in columns -3 and 4, for the words " Five , paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
(28) in the entry at serial No.62, in columns 3 and 4, for the words "Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted;
(29) in the entry at seri NoNo. 64 , in columns 3 and 4, for the words " Fourteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted ;
INDEX 16-7
GUJARAT GOVERNMENT GAZETTE, EX. , 26-3-1997
PART IV ]
:
(30) for entry 65, the following entry shall be substituted, namely: -
2
1
"65. Aerated water and all non-alcoholic beverages , including fruit juices , squashes , syrups and cordials , when sold in sealed, capsuled or corked bottles or jars , but excluding the goods specified in entry 154 in this Schedule.
4
3
Fifteen Fifteen
paise paise
in the rupees";
in the rupee.
(31) in the entry at serial No. 67, in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted;
(32) in the entry at serial No. 69, in columns 3 and 4, for the words "Seventeen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(33) in the entry at serial No. 70, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall he substituted;
(34) in the entry at serial No. 72, in columns 3 and 4, for the words " Seven paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;
(35) in the'entry at serial No. 75, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words "Fifteen paise in the rupee" shall be substituted;
(36) in the entry at serial No. 76, in columns 3 and 4 , for the words " Ten paise in the rupee " , the words " Eight paise in the rupce " shall be substituted;
(37) in the entries at serial Nos . 81 , 83 and 84, in columns 3 and 4 ; for the words "Fourieen paise in the rupec " , the words "Fifteen paise in the rupce " shall be substituted;
(38) in the entry at serial No. 86, in columns,3 and 4, for the words "Ten paise in the rupee " , the words " Eight paise in the rupes " shall be substituted;
♡
(39) in the entry at serial No. 87, in sub - entry (ii) , in columns 3 and 4, for thewords "Eighteen paise in the rupee ", the words " Fifteen paise in the rupee " shall be substituted;
(40) in the entry at serial No. 90, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
INDEX [ PART IV
GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 26-3-1997
-16-8
(41) in the entry at serial No. 91 , in columns 3 and 4, for the words " Ten paise in the rupee " ; the words " Twelve paise in the rupee " shall be substituted;
(42) in the entry at serial No. 92, in columns 3 and 4, for the words "Seven paise in the rupee ", the words " Eight paise in the rupee " shall be substituted;
(43) in the entry at serial No. 93, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
下
(44) in the entry at serial No. 94 , in columns 3 and 4, for the words " Seven paise in the rupee ", the words "Six paise in the rupee " shall be substituted;
(45) in the entry at serial No. 95, in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(46) in the entry at serial No. 96,-
(a) for sub - entry ( i) , the following shall be substituted , namely: -
2
1
"(i) Domestic electrical appliances (whether fitted with or without electric motor such as grinder , mixer, grinder - cum mixer, domestic flour mill , juicers , irons, hair - dryers , washing machines , heaters , hot- plates, toasters, cooking ranges , ovens, vacuum cleaners, and geysers , and components, parts , and accessorics ofany ofthem.
3
4
Fifteen paise inthe rupee";
Fifteen paise in the rupee
(b) in sub-entries (ii) and (iii) , in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shali be substituted;
(47) in the entry at seriał No. 97, in sub entry (P ), in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(48) in the entry at serial No. 98, in columns 3 and 4, for the words " One paise in the rupee ", the words "Two paise in the rupee " shall be substituted;
ntries at serial Nos . 101 and 103 , in columns 3 and 4, for the
(49) in
words "
in the rupee " , the words "Fifteen paise in the rupee "
shall be su stun
24,- (50) in the entry at
INDEX 16-9 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX . , 26-3-1997
(a) in sub-entry ( i) , in columns 3 and 4, for the words "Seven,paise in the rupee", the words "Six paise in the rupee " shall be substituted;
(b) in sub- entry ( ii), in columins 3 and 4, for the words " Fourteen paise in the rupee" , the words "Fifteen paise in the rupee " shall be substituted;
(51) in the entry at serial No. 105, in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words " Twenty paise in the rupee " shall be substituted;
(52) in the entry at serial No. 106, in sub - entry (2), in columns 3 and 4, for the words " Five paise in the rupee " , the words "Four paise in the rupee " shall be substituted;
(53) in the entry at serial No. 107, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(54) in the entry at serial No. 108, in columns 3 and 4, for the words " Five. paise in the rupee", the words "Four paise in the rupee " shall be substituted;
(55) in the entry at serial No. 112, in columns 3 and 4, for the words " Seven paise in the rapee" , the words " Six paise in the rupee " shall be substituted ;
(56) in the entries at seriai Nos . 113 and 114, in columns 3 and 4, for the words" Fourteen paise in the rupee " , the words. " Fifteen paise in the rupee " shall be substituted;
(57) in the entry at serial No. 116 , in columns 3 and 4, for the words . "Seventeen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(58) after entry 116, the following new entry shall be inserted , namely:-
1
4
2
3.
#116A Iron powder
Fourpaise in the rupee" :
Four paise in the rupee
(59) in the entry at serial.No. 117, in columns 3 and 4, for the words "Nineteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(60) in the entry at scrial No. 118, in sub - entry ( 1 ), in columns 3 and 4, for the words " Seven paise in the rupee " , the words "Two paise in the rupee" shall be substituted;
(61) in the entry at seriai No, 119, in columns 3 and 4, for the words " Tweive paise in the rupee " , the words " Four paise in the rupee" shall be substituted;
INDEX 16-10
GUJARAT GOVERNMENT GAZETTE , EX .; 26-3-1997
[ PART IV
(62) in the entry at serial No. 123, in columans 3 and 4; for the words "Seventeen paise in the rupee " , the words " Fifteen paise in the rupee ! shall be substituted;
(63) in the entries at serial Nos . 124 and 125, in columns 3 and 4, for the words " Fourteen paise in the rupee " , the words " Fifteen paise in rupee " shall be substituted;
(64) in the entry at serial No. 126, in columns 3 and 4, for the words " Five paise in the rupee " , the words " Four paise, in the rupee " shall be substituted;
(65) in the entry at serial No. 128 ,
(i) in sub- entry (3) , in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted;
(ii) in sub- entry (5) , in columns 3 and 4, for the words " Five páise in the rupee " , the words " Four paise in the rupee " shall be substituted;
(iii) in sub entry (6) , in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;
(66) in the entry at serial No. 129, in columns 3 and 4, for the words " Seven paise in the rupee " , the words "Two paise in the super " abati bo substituted;
(67) in the entry at serial No. 130, in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words "Twenty paise in the rupee " shall be substituted;
(68) in the entry at serial No. 131 , in sub -entries ( i) , (ii) and ( iii ), in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words " Fifteen.paise in the rupee " shall, be substituted :
(69) in the entry at serial No. 132, in columns 3 and 4 , for the words "Seventeen paise in the rupee " , the words " Twenty paise in the rupee " shall be substituted;
(70) in the entry at serial No. 133, in sub - entries (i) and (iii ) , in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Eight paise in the rupee" shall be substituted;
(71) in the entry at serial No. 135,
(i) in sub-entry ( i) , in columns 3 and 4, for the words "Nineteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(ii) in sub - entry (ii) , in columns 3 and 4, for the words "Seven paise in the rupee " , the words " Eight paisc in the rupce " shall be substituted;
:
(72) in the entry at scrial No. 136, in columns 3 and 4, for the words " Seven paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
INDEX 16-11 :
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
PART IV ]
(73) in the entry at serial No. 137, in columns 3 and 4, for the words "Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted; :
(74) in the entry at serial No. 138,-
(i) in sub - entry (i), in columns 3 and 4, for the words " Eighteen paise in the rupee ", the words " Fifteen paise in the rupee " shall be substituted;
(ii) in sub- entry ( ii) , in columns 3 and 4, for the words " Five paise in the rupee " , the words " Six paise in the rupee " shall be substituted;
i (75) in the entry at serial No. 139, in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;
(76) in the entry at serial No. 140,-
(i) in sub - entries (i) and ( ii) , in columns 3 and 4, for the words " Fourteen paise in the rupee " the words " Fifteen paise in the rupee " shall be sub- stituted;
(ii) in sub - entry ( iii ) , in columns 3 and 4 , for the words "Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(77) in the entry at serial No. 141, in columns 3 and 4, for the words "Ten paise in the rupee " , the words "Eight paise in the rupee " shall be substituted;
(78) in the entry ai serial No. 142, --
(i) in sub - entry (i) , in columns 3 and 4, for the words " One paise in the rupec" , the words "Two paise in the rupee " shall be substituted;
(ii) in sub -entry ( ii ), in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Two paise in the rupee " shall be substituted,
(79) in the entry at serial No. 143 , in columes 3 and 4, for the words " Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted:
(80) in the entry at serial No. 145, in. columns 3 anti 4, for the words " Five paise in the rupee " , the words " Six paise in the rupeeshall be substitutεά ;
(81 ) the entry at serial No. 146 shall be deleted:
(82) in the entry at serial No. 147, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words "Fiftcen paisc in the rupee " shall be substituted;
INDEX 16-12
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997 . [ PART IV
(83) in the entry at serial No. 148, in columns 3 and 4, for the words "Ten paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;
(84) in the entry at serial No. 149, in columns 3 and 4 , for the words "Eighteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted;
(85)-in the entry at serial No. 150, in columns 3 and 4, for the words "Five paise in the rupee" , the words " Six paise in the rupee " shall be substituted;
(86) for the entry at serial No. 154, the following shall be substituted , namely:
2.
1
"154.. Soda water , mineral water,
purified water, medicinal water, tonic water, distilled battery water, demineralised water and water, when sold under a brand name in sealed , capsuled or corked bottle, jar or pauch. 3-
4
1 Twelve paise inthe rupee
Twelve paise inthe rupee";
(87) in the entry at serial No. 156, in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted:
(88) in the entry at serial No. 157, in sub - entries ( i) and ( ii) , in columns 3 and 4, for the words " Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(89) in the entry at serial No. 158 , in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted;
(90) in the entry at serial No. 159, in columns 3 and 4, for the words " Seven paise in the rupee" , the words " Six paise in the rupee " shall be substituted;
(91) in the entries at serial Nos . 160 and 161 , in columns 3 and 4 , for the words "Five paise in the rupee " , the words " Four paise in the rupee " shall be substituted;
(92) in the entry at scris No 162, in sub - entry ( ii ) , in columns 3 and 4 , for the words. " Ten paise in the rupee " , the words " Eight paise in the rupee " shall be substituted;
(93) in the entry at serial No. 163,-
(i), in sub- entry (i) , in colunins 3 and 4, for the words " Fourteen palse in the rupee " , the words " Fifteen paise in the rupee " shall be substituted ;
INDEX 16-1.3
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
PART IV ]
(ii) in sub- entry (ii) , in columns 3 and 4, for the words "Five paise in the rupee", the words " Four paise in the rupee " shall be substituted;
(94) in the entry at serial No. 165, in sub-entry (i), in columns 3 and 4, for. the words "Nineteen paise in the rupee " , the words "Fifteen paise in the rupee " shall be substituted; )
대 (95) in the entry at serial No. 167, in columns 3 and 4, for the words "Eight paise in the rupee", the words "Six paise in the rupee " shall be substituted;
(96) in the entry at serial No. 168, in columns 3 and 4, for the wurde "Nineteen paise in the rupee ", the words "Fifteen paise in the rupee " shall be substituted;
(97) in the entries at serial Nos . 169, 170 and 171 , in columns 3 and 4, for thewords "Eighteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(98) in the entries at serial Nos . 172 and 173, in columns 3 and 4 , for the words " Fourteen paisein the rupco " , the words " Eight paise , in the Tupee " shall be substituted
(99) in the entry at serial No. 174 , in columns 3 and 4, for the words " Seven paise in the rupee", the words " Six paise in the rupee" shall be substituted;
(100) in the entry at serial No. 175, in columns 3 and 4, for the words "Nineteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
(101) in the entries at serial Nos . 176 and 179, in columns 3 and 4, for the words " Ten paise in the rupee " , the words " Twelve paise in the rupee " shall be substituted;
(102) in the entry at serial No. 182,
(i) in sub-entries (ii) and ( iii), in columns 3 and 4, for the words "One paise in the rupee " , the words " Two paise in the rupee " shall be substituted;
(ii) in sub - entry (iv) , in columns 3 and 4, for the words " Seven paise in the rupee", the words " Two paise in the rupee" shall be substituted;
(103) in the entry at serial No. 185, in sub-entry ( i ) and in the entries at serial Nos . 187, 188, 189 and 190, in columns 3 and 4, for the words "Five paise in the rupee " , the words " Four paise in the rupee" shall be substituted;
(104) in the entry at serial No. 191 , in columns 3 and 4, for the words "Fourteen paise in the rupee " , the words " Fifteen paise in the rupee " shall be substituted;
INDEX 16-14
GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 26-3-1997 [ PART IV
(105) in the entry at serial No. 192, in sub - entry (i ), in columns 3 and 4, for the words "Eighteen paise in the rupee" , the words "Fifteen païse in the rupee shall be substituted;
(106) in the entry at serial No. 195, in coluncolumns 3 and 4, for the words "Fourteen paise in the rupee", the words " Twelve paise in the rupee " shall be substituted.
AmarGhent Of Schedule Parite Gui . I of1970
12. in the principel Act, it Schedule it , in Part 5, in the entry at serial No.07. in columns 3 and 4, for the words " Nineteen paise' in the rupee " , the words "Twenty paise in the rupee " shall be substituted.
Amendment of Schedule lui to Guj. 1 of1970.
13. In the principal Act, in Schedule III, after entry at serial No. 16, the following eatrics shall be added, namely;
"17. Motor vehicles 18.Office equipments" ,
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2, Extra No. 17
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXVIII ] WEDNESDAY, MARCH 26, 1997 CAITRA 5, 1919
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 22nd March , 1997 is hereby published for general information .
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
GUJARAT ACT NO . 16 OF 1997 .
(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 26th March , 1997. )
AN ACT
to authorise payment and appropriation of certain sums from and out of the Consolidated Furid of the State of Gujarat for the services of the financial year ending on the thirty- first day of March , 1998 .
It is hereby caacted in the Forty-eighth Year of the Republic of India as follows :-
Short title.
1. This Act maybe called the Gujarat Appropriation Act , 1997.
Rs. 1,46,47,48,05 00t from and out of the Con solidated Fund of the State of Gujarat for the financial year 1997-98.
2. From and out of the Consolidated Tund of the State of Gujarat, ibere may i withdrawn sums not exceeding those specified in column 3 of the Schedüle heretq annexed amounting in the aggregate to the sum of fourteen thousand six hundred forty -seven crores , ninty- eight lakhs , five thousand rupees towards defraying the several charges whichwill come in course of payment during the financial year 1997-98 , 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.
17-1
IV - EX .- 17-1
INDEX 17-2
GUJARAT GOVERNMENT GAZETTE, EX. , 26-3-1997
[ PART IV
THE SCHEDULE
(See sections 2 and 3)
No. of
Sums not exceeding
:
Services and purposes
Voted
Total Vote/ Appro- priation
Charged onthe Consolidated Fund
2
3
1
Revenue
3,06,69,000
3,06,69,000 Agriculture, Copperation and Rural Development Department
2
Revenue
Agriculture
342,12,93,000
342,12,93,000
Capital
3
Revenue
76,95,69,000
76,95,69,000
Capital
1.38,00,000
1,38,00,000 Minor Irrigation , Soil Conservation and Area Development
Revenue
44,62,14,000
44,62,14,000 Animal Husbandry and Dairy Development
Capital
S Co -operation
Revenue
24,39,03,000
24,39,03,000
Capital
13,70,60,000
13,70,60,000
Capital
4,60,40,000
4,60,40,000 6 Other expenditure pertaining to Agriculture, Co - operation and Rural Development Department
Revenue
Education Department
1,71,20,000
1,71,20,000.
8 Education
Revenue
22,03,47,33,000 65.03,00,000. 22,68,50,33,000
Capital
18,95,000
18,95,000
Revenue
8,80,30,000
8,80,30,000
Capital
9 Other expenditure pertaining to Education Department
29,93,00,000
29,93,00,000
Revenue
10
71,80,000
71,80,000
7.
Energy and Petro- Chemicals Department
INDEX 17-3
GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 26-3-1997
PART IV ]
Services and purposes
No. of Vote/ Appro- priation
2
1
Revenue 11 Tax Collection Charges (Energy and Petro- Chemicals Department)
Revenue 12 Energy Projects
Capital
13
Capital Other expenditure pertaining to Energy and Petro -Cheinicais Department F
14
Revenue Finance Departament
Capital
15
Revenue TaxCollection Charges (Finance Department)
Reinuc 16 Treasury and Accounts Administuation
17
Revenue Pension and Other Retirs- ment Benefits
18
Revenue
Capital Other expenditure pertaining to Finance Department
10 Repayment of debt pertaining to Reveaue Pinence Department and to Capital Servicing.
Revenue 20 Food andCivil Supplies Department
21.
Revenue Civil Supplies
Capital
INDEX
Sums not exceeding
Total
Voted
Charged on the Consolidated Fund
3
3.97,85.000
3,97,85,000
6,04,90,00,000
6,04,90,00,000
2,47,73,50,000
2,47,73,50,000
2,14,45,000 2,14,45,000
3,63,45,000 3,63,45,000
37,58,59,000 37,58,59,000
25,70,22,000 25,70,22,000
4,43,71,75,000 4,43.66.75,000
7,63,15,25,000. 7,63,15,25,000
1,24,37,000 1,23,37,000
16,47,70,94,000. 16,47,70.94,000
7,43,22,26,000 7,43,22,26,000
4,37,80,000 4,3780,000
1,00,32,20,000 1,00,32,20,000
2,000 2,000 17-4
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
Services and purposes
No. of Vote/ Appro- priation
2
1
22 Food
Revenue
Capital
23
Capital Other expenditure pertaining to Food and Civil Supplies Department
24
Revenue Forests and Environment Department
25 Forests
Revenue
Capital
26 Environnient
Revenue
27
Other expenditure pertaining to Forests and Environment Department
Capital
Governor
Revenue
29
Council of Ministers
Revenue
30
Revenue Elections
31 Public Service Commission Revenue
32
Revenue General Administration Department
Revenue 33 Economic Advice and Statistics.
34
[ PART IV
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fund
3
8,04,54,000
8,04,54,000
15,00,000
15,00,000
20,30,000
20,30,000
89,13,000
89,13,000
64,54,44,000
64,54,44,000
1,03,79,73,000
1,03,79,73,000
5,45,55,000
5,45,55,000
97,10,000-
97,40.000
1,14,42,000
1,14,42,000
2,91,75,000
2,91,75,000
8,06,65,000 ,
8,06.65,000
42,40,000 1,46,90,000
1,89,30,000
12,57,49,000
12,57,49,000
7,09,92,000
7,09,92,000
1,04,98,32,000
Revenue
Capital Other expenditure pertaining to General Administration Department
INDEX
1,04,98,32,000 .
1,05,55,000
1,05,55,000 17-5
GUJARAT GOVERNMENT GAZETTE , EX.; 26-3-1997
PART IV ]
No. of
Services and purposes
Voré/ Appro- :
priation
Revenue State Legislature
35
2
:
Capital 36 Loans and Advances to Government Servants in Gujarat Legislature Secretariat
Revenue 37 Health and Family Welfare Department
Revenue Medical and Public Health
38
Revenue FamilyWelfare
39
Revenue 40 Water Supply
Capital
Revenue 41
Capitai Other xpenditure. pertaining to Health and Family Welfare Dement
Revenue 42 Home Department
Revenue Police
43
نية Jalis
45 Transport
'Revenue 45
Capital Other expenditure pertaining to Home Department
Revenue 47 Industries and Mines Department
Revenue 48 Stationery and Printing
IV- Ex- 17-2
INDEX
Sums noi exceeding.
Total
Voted
Charged on the Consolidated Fund
3
500,78,000 .
4,08,000,
4,96,70,000
10,35,000
10,35,000
2,59,45,000
2,59,45,000
4,64,48,39,000
4,64,48,39,000
1,01,37,85,000
1,01,37,85,000
81,22,50,000 81,22,50,000
5,25,57,00,000 3,25,57,00,000
78,14,85,000
78,14,85,000
5,13,50,000 5,13,50,000
2,85,58,000 2,85,58,000
4,29,23,86,000 4,29,23,86,000
1
17,77,29,000 17.77,29,000
57,76.60,000 57.76,60,000,
20,18,80,000
10,00,000-
20,08,80,000
46,71,90,000 46,71,90.000
1,44,90,000 1,44,90,000
31,73,00,000 31,73,00,000 17-6
GUJARAT GOVERNMENT GAZETTÉ , EX . , 26-3-1997
2
Services and purposes
No. of Vote/ Appro- priation
2
Industries
Revénte Capital
50 Mines andMinerals
Revenue
51
Revenue
Capital Other expenditure pertaining to Industries and Mines. Department
Revenue 52 Information, Broadcasting ardTourism Department
53
Revenue Information and Publicity
Capital
54 Tourism
Revenue
Capital
55
Revenue
Capital Other expenditure pertaining to Information, Broadcasting and Tourism Departmeni
56
Revenue Labour and Employment Deparimei
57
Revenue Labour and Employment
Capital
apital 58 Other expenditure pertaining to Labour and Employment Department
59
Revenue Legal Department
60 Administration of Justice .
Revenue
INDEX
[ PART IV
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fund
3
1,11,36,36,000
1,11,36,36,000
48,89,50,000
48,89,50,000
11,09,86,000
11,09,86,000
1,14,20,000
1,14,20,000
1,72,50,000
1,72,50,000
41,55,000
41,55,000
16,77,26,000
6,77,26,000
1,00,000 :
1,00,000-
4,35,85,000
4,35,85,000
1,30,000
1,51,30,000
19,30.000
19,30,000
92,00,000
92,00,000
05.19.00.000
68,14,04,000
25,000
25,000
94,50,000
94,50,000
1,45,80,000
1,45,80,000
52,65,14,000 8,39,80,000
61,04,94,000 PART IV ]
17-7
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
Services and purposes
No. of Vote/ Appro- priation
61
Capital Other expenditure pertaining to Legal Department
Revenue 62 Legislative and Parliamentary Affairs Department
63
Capital Other expenditure pestaining to Legislative and Parliamentary Affairs Department
Revenue 64 Narmada and Water Resources Department
55
Capital Narmada Development Scheme
66. Irrigation and Soil Conservation Revenue
67 Other expenditure pertaining tot Revenue Narmada and Waterkesources Capita Department
63 Panchsyais and Rural Housing Revenue Departmen
Revesuc 69 Community Development
70 Ring
Capital
Revenue TE Compensation and Assignments
72
Revenue Capital Other expenditure perisining toPanchayats and Rural Housing Department
INDEX
Sums not exceeding
Total Voied
Charged on the Consolidated Fund
3,25.05,000
3,25,05,000
3,52,25,000 3,52,25,000
1,00,67,000
1,00,67,000
5,20,000 5,20,000
2,52,75,000 2,52,75,000
11,99,60,75,000 11,99,60,75,000 .
7,11.43,94.000
7,11,43,94,000
2,81,88,00,000 2,81,88,00,000
1,60,000 1,60,000
2,79,00,000 2,79,00,000
1,63,97,000
1,53,97,000 :
1,17,71,15,000
1,17,73,15,000
1,06,05,08,000 23:40 20,000 82,64,88,000
*
2,50,00,000 2,50,00,000
26,05,10,000 26.05,10:000
18,36,75,000 18,36,75,000
14,92,35,000 14,92,35,000 PART IV
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1997
17-8
Services and purposes
No. of Vote/ Appro priation
2
1
Ficherips
Capital
Revenue
Capital Other expenditure pertaining to ports and Fisheries Department
Revenue .
75 Revenue Department
Revenue 76 Tax Collection Charges (Revenue Department)
Revenue
77 District Administration
Revenue Capital Relief onAccount of Natural Calamities
Reveans
Dangs Distric
79
80
Revenue Capital Compensation and Assignments.
81
Revenue Capital Other expenditure pertaining to Revenue Departinent
:
Roads and Buildings . Department
63
Reyesor Non-Residential buildings
Cor
84 Residential Buildings
Revenue capital
Revenue 85 Roads and Bridges
Capital
INDEX
Sums not exceeding
Voted
Total
Charged onthe Consolidated Find
3
19,74,44,000 074,44,000
22,81,86,000, 22,81,86,000
48,00,000 48,00,000
16,38,000 16,38,000
4,49,85,000 4,49,85,000
35,60,05,000 35,60,05,000
36,93,85,000 36,93,85,000
1,47,07,00,000
1,47,07,90,000
16,76,45,000
6,45,0
15,83,10,000
23.00,000
15,60,16,000
27,00,000
46,73,000
1,000
46,72,000
5,24,80,000 5,24,80,000
2,82,50,000 2,62,60,000
120,08,45,000
3,12,000
1,30,0523.000/
78,64,35,000 78,64,35,000
56,36,28,000
56:36,28,000
21,06,46,000 21,06,46,000
3,03,79,08,000 3,03,79,08,000
82,85,30,000 82,85,30,000 17-9
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1997
PART IV ]
Services and purposes
No. of Vote/ Appro- priation
2
Revenue Gujeret Capital Construction Scheme
Capitel
87
Revenue.
Capital Other expenditure pertaining to Roads and Buildings.
Department
Revenuc 88 Social Welfare and Tribal Development Department
Revenue 89 State Excise
Revenue 90 Social Security and fare
Capital
Revenue 91 Weifare of Scheduled Tribes
92
Capital Other expenditure pertainingto Social Welfare Departmen
Revenue 93
Capital SpecialComponent Plan for Scheduled Castes
TribalAka Sub-
Capital
Revenue 95 Urban Developrerat and Urban Housing Department
96 Urban Housing
Revenue Capital
Revenue 97 UrbanDevelopment
Capital
IV- Ex - 17-2
INDEX
Sums not exceeding
Total Voted
Charged onthe .
Consolidated Fund
3
3,57,10,000
3,52,10,000
6,47,30,000
6,47,30,000
10,53,80,000
10,53,80,000
3,82,50,000
3,82,50,000
1,38,80,000
1,38,80,000
3,23,60,000
3,23,60,000
1,18,88,22,000
36,30,000
1,18,31,92,000
2,13,60,000
2,13,60,000
33,99,17,000 33,99,17,000
44.70.000 44,70,000
47,76,000 47,76,000
1,94,39,44,000 1,94,39,44,000
10,78,43,000 10,78,43,000
4,48,46.75.000 4,48,46,75,000
1,70,72,84.000 1.70.72.84.000
99,05,000 99.65.000
22,71,24,000
21,67,19,000
1,04,05,000
83,78,10,000 83,78,10,000
1,50,00,000 1,50,00,000 17-10
GUJARAT GOVERNMENT GAZETTE ,
Services and purposés
No. of Vote/ Appro- priation
2
98
Revenue Compensation, Assigament and TaxCollection Charges
Revenue .
Capital Other expenditure pertaining to Urban Development and Urban Housing Department
100
Revenue Youth Services and Cultural Activities Department
101
Revenue Youth Services and Cultural Activities
102
Capital Other expenditure pertaining to Youth Services and Culturai Activities Department
Total :
Revenue.
Capital
Grand Total :
EX. , 26-3-1997
[ PART IV
Sums no caceeding
roled
Total
Charged on the Consolidated Fund
38,53,00,000 23,01,03,000
61,54,03,000
1,40,00,000
1,40,00,000
12,65,000
12,65,000
41,85,000
41,85,000
13,80,47,000
13,80,47,000
70.00
8,70,000
1,01,37,87,000 18,50,89,67,000 1,09,53,27,54,000
2951,40,25.000 743.30.26
36,94,70,51,000
1,20,52,78,12,000 257593,000 1,46,47,98,05,000
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO . G/GNR/2 Extra No. 18
dha
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , JUNE 3 , 1997 / JYAISTHA 13, 1919
Vol . XXXIVII]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of the Gujarat Legislature and Ordinances promulgated andRegulations made by the Governor.
FINANCE DEPARTMENT
Sachivalaya , Gandhinagar, Dated the 3rd June, 1997.
GUJARAT ORDINANCE NO . 2 OF 1997 .
AN ORDINANCE
further to amend the Gujarat Contingency Fund Act, 1960.
WHEREAS , the Legislative Assembly of the State of Gujarat is not in session;
AND , WHEREAS , the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Contingency Fund Act, 1960to increase the limit of the Contingency Fund of the State of Gujarat ;
Guj. IV of 1960 .
NOW, THEREFORE , in exercise of the powers conferred by clause (1 ) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely:-
1. Short title and commencement. (1 ) This Ordinance may be called the Gujarat Contingency Fund (Amendment) Ordinance, 1997.
(2) It shall come into force at once.
Guj . IV of1960.
2. Guj . IV of 1960 to be temporarily amended. During the period of operation of this Ordinance, the Gujarat Contingency Fund Act , 1960 (hereinafter referred to as "the principal Act " ) shall have effect subject to the amendment specified in section3.
:
3. Amendment of section 2 of Guj . IV of 1960. In the principal Act, in section 2, for the words "fifty crores of rupees" , the words " two hundred crores of rupees" shall be sübstituted.
18-1
IV-EX. -18-1
INDEX 18-2
GUJARAT GOVERNMENT GAZETTE , EX . , 3-6-97
[PART IV
STATEMENT
The amount in the Contingency Fund ofthe State was last increased in August, 1989. to fifty crores of rupees . Thereafter , the amount was required to be temporarily increased on certain occasions ,to meet with unforeseen expenditure which indicates that the amount in the Contingency Fund is insufficient to meet with. the demands made on it from time to time. It is , therefore, considered necessary to raise the limit of the Contingency Fund from fifty crores to two hundred crores of rupees .
As the Gujarat Legislative Assembly is not in session, this Ordinance is promul- gated to amend the said Actto achieve the aforesaid object. ?
Gandhinagar, - Dated the 30th May, 1997 .
३ KRISHNA PAL SINGH, Governor of Gujarat .
By order and in the name of the Governor of Gujarat ,
V. V. RAMA SUBBA RAO ,
Additional Chief Secretaryto Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX G/GNR/
REGISTERED NO. Extra No. 19
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXVIII]
THURSDAY , JULY 24, 1997 /SRAVANA 2, 1919
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgatod and Regulations made by the Governor.
EDUCATION DEPARTMENT
Sachivalaya , Gandhinagar , Dated the 24th July, 1997.
GUJARAT ORDINANCE NO . 3 OF 1997 .
AN ORDINANCE
to control coaching classes in the State in the interests ofthe general public.
WHEREAS there is a mushroom growth of coaching classes in the State;
AND WHEREAS some of the coaching classes are conducted by unqualified persons and without having proper facilities ;
AND WHEREAS on account of psychological pressure of building up of their careers , the students are compelled to join such classes and the parents are anxious to get their children to join such classes;
AND WHEREAS in absence of any control over owner or manager of such classes , exorbitant fees are charged to the students resulting in the commercialization of education imparted in such classes;
AND WHEREAS on account of such commercialization , the coaching classes have become ' teaching shops ' which is abhorrent to the Indian culture and heritage of the Guru - Shisya tradition;
AND WHEREA'S the students belongingto the weaker sections of the society are compelled to pay exorbitant fees and thereby they become victims of such commercialization;
19-1
IV- Ex . 19-1
INDEX
5 19-2
GUJARAT GOVERNMENT GAZETTE , EX. , 24-7-1997
[PART IV
a AND WHEREAS with view to effectively curb such commercialization, it is expedient in the interests of the general public to control the coaching classes in the State;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to control coaching classes in the State in the interests of the general public;
NOW, THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely:-
1. Short title, extent and commencement.( 1) This Ordinance may be called the Gujarat Coaching Classes (Control) Ordinance, 1997.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force at once.
2. Definitions. In this Ordinance , unless the context otherwise requires ,-
(a) " coaching class " means a class where more than five students are imparted tuition in any of the subjects taught in a school and includes a tuition class .
Explanation. Where at the same place less than five students are imparted tuition in any such subjects at different times of a day, so however that the total number of students to whom tuition is so imparted exceeds five , then such imparting of tuition shall be deemed to be a coaching class within the meaning of this clause ;
(b) " committee " means the committee constituted under section 6;
(c) "manager " in relation to any coaching class means a person or body of persons, appointed by the owner and incharge or control of the ⚫ management of the coaching class;
(d) " owner " means an owner of a coaching class;
(e) "prescribed " means , prescribed by rules made under this Ordinance;
( " register " means a register maintained under section 5;
(g) " school " means
Bom . LXI of 1947.
(i) a ' primary school ' as defined in clause (17) of section 2 of the Bombay Primary Education Act , 1947, or
Guj . 18 of 1973 .
( ii) a ' secondary school ' as defined in clause ( v) of section 2 of the Gujarat Secondary Education Act, 1972, or
INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 24-7-1997 19-3 PART IV]
(iii) a ' higher secondary school ' imparting education in the eleventh and the twelfth standard and registered as such by the Gujarat Higher Secondary Education Board .
3. Prohibition against conducting coaching classes . ( 1 ) No owner or manager shall , after the commencement of this Ordinance, conduct any coaching class unless the owner is enrolled in the register .
(2) Any person who desires to conduct a coaching class may make an application to the District Education Officer or , as the case may be , an officer authorised by the State Government in this behalf (hereinafter referred to as " the authorised officer " ) , in such form and accompanied by such fees as may be prescribed :
Frovided that where any coaching class exists at the commencement of this Ordinance, the owner thereof shall make an application within a period ofsixty days from such commencement :
Provided further that where an owner referred to in the first proviso makes an application within the period specified in that proviso , such owner shall be deemed to have been authorised to conduct the existing coaching class during the period from the date of commencement of this Ordinance and ending on the day on which he is enrolled in the register or , as the case may be, his enrolment is refused, as if he was enrolled for such period under this Ordinance .
(3) On receipt of an application under sub- section (2) , the District Education Officer or , as the case may be , the authorised officer , may , after making such inquiry as he thinks fit , enrol on such conditions as may be prescribed or refuse to enrol , the person or owner in the register .
(4) The District Education Officer or , as the case may be , the authorised officer may issue a certificate of enrolment to the person or the owner in. such form as may be prescribed .
(5) (a) Where the District Education Officer or , as the case may be , the authorised officer is satisfied either on a reference made to him in this behalf or otherwise , that the enrolment of a person or the owner in the register has been obtained by misrepresentation as to an essential fact , he may, after giving an opportunity of being heard to the person or owner so enrolled, cancel his enrolment in the register .
(b ) Where any owner or manager has been, on an inquiry made by the District Education Officer or the authorised officer in such manner as may be prescribed, found to have committed breach of any of the conditions or committed default in carrying out any of the duties imposed on such owner or manager by this Ordinance or the rules made thereunder , the District Education Officer or , as the case may be , the authorised officer shall , after giving such owner or manager an opportunity of being heard, cancel the enrolment of the owner in the register.
;
4. Appeal. Any person or owner aggrieved by the decision of the District Education Officer or , as the case may be , the authorised officer, may, within a period of thirty days from the date on which the decision is communicated to him , file an appeal to the Commissioner of Higher Education and the decision thereon shall be final .
INDEX 19-4
GUJARAT GOVERNMENT GAZETTE , EX. , 24-7-1997
[PART IV
5.Maintenance of Register. There shall be maintained by the District Education Officer or, as the , case may be , the authorised officer , a register for enrolment of owners in the area of his jurisdiction in such form and containing such particulars as may be prescribed.
6. Constitution of Committee and its functions. (1) The State Government may, by notification in the Official Gazette , constitute a Committee consisting of the following members , namely:-
(a) The Secretary in Education Department incharge of School, who shall be the Chairman ,
(b) The Secretary in Education Department incharge of Higher and Technical Education ,
(c) The Commissioner of Higher Education ,
(d) The Director of Primary Education ,
(e) The Financial Adviser in the Education Department.
(2) The Committee shall , having regard to such factors as may be prescribed, determine from time to time the fees to be charged to the students of coaching classes in the State by owners or managers and different fees may be determined for different areas of the State .
(3) The Committee in discharge of its functions under sub - section (2) shall follow.such procedure as may be prescribed.
7. Tuition fees to be charged. No owner or manager shall charge fees for tuition imparted in the coaching class exceeding such amount as determined by the Committee under section 6 .
8. Duties of owner or manager. An owner or manager shall conduct coaching class subject to such conditions as may be prescribed.
9. Inspection. Subject to the rules made in this behalf, the District Education Officer or any other officer authorised by the Committee in this behalf may within the area of his jurisdiction
(a) enter, with such assistants , as he thinks fit, being persons in the service of the Government, in any place which is used or which he has reason to believe is used for a coaching class ,
:
(b) require production of any document relating to the coaching class and take on the spot or otherwise statements of any person, as he may consider necessary for carrying out the purposes of this Ordinance,
(c) exercise such other powers as may be prescribed for carrying out the purposes of this Ordinance .
10. Report. An owner shall furnish such information as the District Education Officer or, as the case may be , the authorised officer may require for the purposes of this Ordinance.
INDEX 19-5
GUJARAT GOVERNMENT GAZETTE , EX. , 24-7-1997 PART IV]
11. Penalty. Any person who contravenes the provisions of sub- section (1 ) of section 3 or . section 7 shall be punishable with imprisonment for a term which may extend to six months or with a fine which shall not be less than one thousand rupees and which may extend to fifty thousand rupees or both .
12. Power to make rules.-( 1 ) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance .
(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 in which and the fees on the payment of which an application may be made under sub - section (2) of section 3;
(b) the term and conditions on which the owner may be enrolled under sub - section (3) of section 3 ;
(c) the form in which a certificate of enrolment may be issued under sub - section (4 ) of section 3;
(d) the manner in which the inquiry shall be made under clause (b ) of sub- section (5) of section 3;
(e) the form in which and the particulars to be entered in the register to be maintained under section 5;
(f) the factors having regard to which the fee shall be determined under sub - section (2 ) of section 6 ; "
(g) the procedure to be followed by the Committee under sub- section ( 3 ) of section.6 ;
1
(h) the conditions subject to which the owner or manager shall conduct the coaching class under section 8 ;
(i) the rules subject to which the District Education Officer shall exercise the powers under section 9;
(j ) to exercise such other powers by the District Education Officer under clause ( c) of section 9 .
(3) All rûles made under this section shall be laid for et less than thirty days before the State Legislature as soon as possible after they are made , and shall be subject to the rescission by the State Legislature or such modification as the State Legislature may make during the cossion in which they are so laid or the session immediately following.
(4) any rescission or modifier ion so made by the State Legislature shall be published in the Offie Gazette and shall theroupon take effect .
۱۷- Ex.19-2
INDEX 9-6
GUJARAT GOVERNMENT GAZETTE, EX. , 24-7-1997
[PART IV
STATEMENT
In recent years there is a mushroom growth of coaching classes in the State. Some of such classes have neither proper facilities nor qualified persons for imparting education in subjects taught in a school . It is noticed that there is a psychological pressure on the students to join such classes with a result that by taking advantage of such pressure and in absence of any control over such classes , exorbitant fees are charged to the students joining such classes and thereby imparting of education in coaching classes has become commercial . It is , therefore , considered necessary to control the . conduct of such classes . For that purpose provision is made for registration of owners of coaching classes ; for imposing conditions for conduct of coaching classes ; and for requiring the owners of such classes to charge fees to students not exceeding those determined by a Committee . For ensuring compliance with the aforesaid provisions , a penal provision is also made .
As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid objects .
Gandhinagar,
Dated the 23rd July, 1997 .
KRISHNA PAL SINGH , Governor of Gujarat .
By order and in the name of the Governor of Gujarat ,
B. D. NAIK
Deputy Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2 Extra No. 20-
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 31 , 1997 / SRAVANA 9; 1919
Vol . XXXVIII ]
Separate paglag is given to this Part in order that it may be filed as a seperate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgsted and Regulations made by the Governer.
EDUCATION DEPARTMENT
Sachivalaya , Gandhinagar, Dated the 31st July, 1997.
GUJARAT ORDINANCE NO . 4 OF 1997 .
AN ORDINANCE .
further to amend the Bombay Primary Education Act, 1947.
WHEREAS the Legislative Assembly of the State of Gujarat is not in session ;
AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Bombay Primary Education Act, 1947;
1 Bom . LXI of1947.
NOW, THEREFORE , in exercise of the powers 'conferred on him by clause ( 1 ) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely : --
1. Short title and commencement.- ( 1 ) This Ordinance may be called the Bombay Primary Education ( Gujarat Amendment ) Ordinance , 1997.
(2) It shall come into force at once.
Bom. LXI of1947.
2. Bom . LXI of 1947 to be temporarily amended. During the period of operation of this Ordinance, the Bombay Primary Education Act, 1947 ( hereinafter referredto as "the principal Act ") shall have effect subject to the amendments specified in section 3 .
3. Amendment of section 24 of Bom . LXI of 1947.-In the principal Act, in section 24, insub - section ( 1 ), -
(1) for the words "shall have power " , the words " shall have power under the control and supervision of the District Development Officer or the District Education Officer or, as the case may be, the Municipal Commissioner of the Corporation , within their respective jurisdiction " shall be substituted;
(2) for the word "Director " , the words "Director or by the State Government " shall be substituted .
20-1
IV- Ex. 20-1
INDEX 20-2
[ PART IV
GUJARAT GOVERNMENT GAZETTE EX . , 31-7-1997
STATEMENT
Urider the existing provisions of sub- section ( 1 ) of section 24 of the Bombay Primary Education Act , 1947, the Administrative Officer, subject to the general in- structions of the Director of Education , is empowered to promote , transfer and take all disciplinary actions against the staff maintained under section 20. In order to have check and control over such powers of the Administrative Officer, it is considered necessary to amend the said sub - section ( 1 ) of section 24 so as to provide that the Administrative Officer may exercise such powers under the control and supervision of the District Development Officer, the District Education Officer or, as the case may be, the Municipal Commissioner within their respective jurisdiction . The power is also taken to State Government to give general instructions to the Administrative Officer in thisrespect.
As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid.objects.
KRISHNA PAL SINGH , Gandhinagar ,
Governor of Gujarat.
Dated the 30th July, 1997 ..
By order and in the name of the Governor of Gujarat,
R: D. PANDOR
Deputy Secretary to Government.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR .
INDEX REGISTERED NO . G/GNR/2 Extra No. 21
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ત -
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL.XXXVIII] TUESDAY, SEPTEMBER 23 , 1997 / ASVINA 1 , 1919 Separate peging is given to this Part in order that It may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgataid and Regulations made by the Governor.
FINANCE DEPARTMENT
Sachivalaya, Gandhinagar , Dated the 23rd September , 1997.
GUJARAT ORDINANCE NO . 5 OF 1997 .
AN ORDINANCE
further to amend the Gujarat Contingency FundAct, 1960.
WHEREAS the Governor of Gujarat has promulgated the Gujarat Contingency Guj . Ord. 2 of Fund (Amendment) Ordinance , 1997 on the 3rd June, 1997;
1997.
AND WHEREAS the session of the Gujarat Legislative Assembly was sum- moned to meet on the 14th August , 1997 and prorogued on the same day;
AND WHEREAS the said Ordinance could not be réplaced by an Act of the State Legislature in that session;
"AND,WHEREAS the said Ordinance would, cease to operate after the 24th September , 1997 , the date on which the period of six weeks from the date of the re -assembly of the Gujarat Legislative Assembly expires;
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IV-Ex . 21-1
INDEX 21-2
GUJARAT GOVERNMENT GAZETTE , EX. , 23-9-1997
[PART IV
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-
1. Short title and commencement.( 1) This Ordinance may be called the Gujarat Contingency Fund (Amendment) (Second) Ordinance , 1997.
(2) It shall be deemed to have come into force on the 3rd June, 1997.
Guj . IV of 1960 .
2. Guj . IV of 1960 to be temporarily amended. During the period of operation ofthis Ordinance, the Gujarat Contingency Fund Act, 1960 (hereinafter referred to as "the principal Act " ) shall have effect subject to the amendment specified in section 3 .
3. Amendment of section 2 of Guj . IV of 1960. In the principal Act, in section 2, for the words " fifty crores of rupees " , the words " two hundred crores of rupees " shall be substituted .
Guj Ord. 2 of
1997. 4. Repeal and savings . ( 1) The Gujarat Contingency Fünd Ordinance, 1997 is hereby repealed. (Amendment)
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act , as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act , as amended by this Ordinance .
INDEX 21-3 GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
PART IV]
:
STATEMENT
The amount in the Contingency Fund of the State was last increased in August, 1989 to fifty crores of rupees. Thereafter , the amount was required to be temporarily increased on certain occasions , to meet with unforeseen expenditure which indicates that the amount in the Contingency Fund is insufficient to meet with the demands made on it from time to time. It was , therefore , considered necessary, to raise the limit of the Contingency Fund from fifty crores to two hundred crores of rupees .
As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Contingency Fund (Amendment ) Ordinance , 1997 was promulgated on the 3rd June , 1997 to achieve the aforesaid object . The Gujarat Legislative Assembly was sum- moned to meet on the 14th August, 1997 and prorogued on the same day and the said Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub - clause (a) of clause (2) of article 213 of the Constitution of India ,the said Ordinance would cease to operate after the 24th September , 1997, the date on which the period of six weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate actionto continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object .
Gandhinagar,
KRISHNA PAL SINGH , Governor of Gujarat.
Dated the 22nd September , 1997.
By order and in the name of the Governor of Gujarat ,
RAJESH KISHORE , Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX
M REGISTERED NO . G/GNR/2 Extra No. 22
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રવિ રમ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL.XXXVIII ] TUESDAY , SEPTEMBER 23 , 1997/ ASVINΑ 1 , 1919
Separate peging is given to this Part in order that It tay be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governar.
EDUCATION DEPARTMENT .
Sachivalaya, Gandhinagar, Dated the 23rd September, 1997 .
GUJARAT ORDINANCE NO . 6 OF 1997 .
AN ORDINANCE
to control.coaching classes in the State in the interests of the neral nui ic
WHEREAS there is a mushroom growth of coaching classes in the State;
AND WHEREAS some of the coaching classes are conducted by unqualified persons and without having proper facilities ;
AND WHEREAS on account of psychological pressure of building up of their careers , the students are compelled to join such classes and the parents are anxious to get their children to join such classes ;
AND WHEREAS in absence of any control over owner or manager of such classes , exorbitant fees are charged to the students resulting in the commercialization of education imparted in such classes;
.: AND WHEREAS on account of such commercialization , the coaching classes have become ' teaching shops ' which is abhorrent to the Indian culture and heritage of the Guru-Shisya tradition;
IV-Ex . 22-1 .
22-1
INDEX GUJARAT GOVERNMENT GAZETTE, EX . , 23-9-1997
[ PART IV
AND WHEREAS the students belonging to the weaker sections of the society are compelled to pay exorbitant fees and thereby they become victims of such commer- cialization;
AND WHEREAS with a view to effectively curb such commercialization, it is expedient in the interests of the general public to control the coaching classes in the State;
Gui. Ord. 3 of1997.
ANDWHEREAS the Governor of Gujarat has promulgated the Gujarat Coaching Classes (Control ) Ordinance , 1997 on the 24th July, 1997 in this regard;
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 14th August , 1997 and was prorogued on the same day;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session;
AND WHEREAS the said Ordinance would cease to operate after the 24th September , 1997 , the date on which the period of six weeks from the date of the re- assembly of the Gujarat Legislative Assembly expires ;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordmance by law;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1 ) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-
1. Short title, extent and commencement.-( 1 ) This Ordinance may be called the Gujarat Coaching Classes (Control) ( Second ) Ordinance, 1997.
(2) It extends to the whole of the State of Gujarat .
(3) It shall be deemed to have come into force on the 24th July, 1997.
2. Definitions. In this Ordinance , unless the context otherwise requires ,---
(a) "coaching class " means a class where more than five students are imparted tuition in any of the subjects taught in a school and includes a tuition class .
Explanation. Where at the same place less than five students are imparted tuition in any such subjects at different times of a day , so however that the total number of students to whom tuition is so imparted exceeds five , then such imparting of tuition shall be deemed to be a coaching class within the meaning of this clause;
(b) " committee " means the committee constituted under section 6;
(c) 'manager' in relation to any coaching class means a person or body of persons , appointed by the owner and in - charge or control of the management of the coaching class;
(d) " owner " means an owner of a coaching class;
(e) "prescribed " means prescribed by rules made under this Ordinance ;
INDEX PART IV]
GUJARAT GOVERNMENT GAZETTE , EX. , 23-9-1997
22-3
(f) " register" means a register maintained under section 5;
(g) ' school ' means
Bom. LXI of 1947.
(i ) a ' primary school ' as defined in clause ( 17 ) of section 2 of the Bombay Primary Education Act, 1947 , or
(ii) a ' secondary school ' as defined in clause (v) of section 2 of the Gujarat Guj. 18 of 1973 . Secondary Education Act , 1972, or
(iii) a ' higher secondary school ' imparting education in the eleventh and the twelfth standard and registered as such by the Gujarat Higher Secondary Education Board .
3. Prohibition against conducting coaching classes.-(1) No owner or manager shall , after the commencement of this Ordinance , conduct any coaching class unless the owner is enrolled in the register.
(2) Any person who desires to conduct a coaching class may make an application to the District Education Officer or , as the case may be , an officer authorised by the State Government in this behalf (hereinafter referred to as " the authorised officer " ) , in such form and accompanied by such fees as may be prescribed:
Provided that where any coaching class exists at the commencement of this Ordinance , the owner thereof shall make an application within a period of sixty days from such commencement :
Provided further that where an owner referred to in the first proviso makes an application within the period specified in that proviso , such owner shall be deemed to have been authorised to conduct the existing coaching class during the period from the date of commencement of this Ordinance and ending on the day on which he is enrolled in the register or, as the case may be , his enrolment is refused , as if he was enrolled for such period under this Ordinance .
(3 ) Os receipt of an application under sub - section ( 2 ) , the District Education Officer-or , a : the case may be , the authorised officer , may , after making such inquiry as he thinks fit , enrol on such conditions as may be prescribed or refuse to enrol , the person or ovner in the register .
(4) The District Education Officer or , as the case may be , the authorised officer may issue a certificate of enrolment to the person or the owner in such form as may be prescribed .
(5)(a) Where the District Education Officer or , as the case may be , the authorised officer is satisfied either on a reference made to him in this behalf or otherwise , that the enrolment of a person or the owner in the register has been obtained by misrepresentation as to an essential fact, he may , after giving an opportunity of being heard to the person or owner so enrolled, cancel his enrolment in the register .
(b) Where any owner or manager has been , on an inquiry made by the District Education Officer or the authorised officer in such manner as may be prescribed, found to have committed breach of any of the conditions or committed default in carrying out any of the duties imposed on such owner or manager by this Ordinance or the rules made thereunder, the District Education Officer or , as the case may be , the authorised officer shall , after giving such owner or manager an opportunity of being heard , cancel the enrolment of the owner in the register .
4. Appeal. Any person or owner aggrieved by the decision of the District Education Officer or , as the case may be , the authorised officer , may, within a period of thirty days from the date on which the decision is communicated to him , file an appeal to the Commissioner of Higher Education and the decision thereon shall be final.
INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
22-4
5. Maintenance of register. There shall be maintained by the District Education Officer or, as the case may be , the authorised officer , a register for enrolment of owners in the area of his jurisdiction in such form and containing such particulars as may be prescribed.
6.Constitution of Committee and its functions . (1) The State Government may, by notification in the Official Gazette, constitute a Committee consisting of the following members , namely:--
(a) The Secretary in Education Department in- charge of Schools , who shall be the Chairman,
(b) The Secretary in Education Department in- charge of Higher and Technical Education , :
(c) The Commissioner of Higher Education ,
(d) The Director of Primary Education,
(e).The Financial Adviser in the Education.Department .
(2) The Committee shall , having regard to such factors as may be prescribed , determine from time to time the fees to be charged to the students of coaching classes in the State by owners or managers and different fees may be determined for different areas of the State .
(3) The Committee in discharge of its functions under sub- section (2) shall follow such procedure as may be prescribed .
7. Tuition fees to be charged. No owner or manager shall charge fees for tuition imparted in the coaching class exceeding such amount as determined by the Committee under section 6.
8. Duties of owner or manager. An owner or manager shall conduct coaching class subject to such conditions as may be prescribed .
9. Inspection. Subjectto the rules made in this behalf, the District Education Officer or any other officer authorised by the Committee in this behalf, may within the area of his jurisdiction-
(a) enter , with such assistants , as he thinks fit, being persons in the service of the Government, in any place which is used or which he has reason to believe is used for a coaching class,
(b) require production of any document relating to the coaching class and take on the spot or otherwise statements of any person, as he may consider necessary for carrying out the purposes of this Ordinance,
(c) exercise such other powers as may be prescribed for carrying out the purposes of this Ordinance.
10. Report. An owner shall furnish such information as the District Education Officer or , as the case may be , the authorised officer may require for the purposes of this Ordinance.
11. Penalty. Any person who contravenes the provisions of sub - section ( 1) of section 3 or section 7 shall be punishable with imprisonment for a term which may extend to six months or with a fine which shall not be less than que thousand rupees and which may extend to fifty thousand rupees or both .
INDEX 22-5 GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
PART IV] .
12. Power to make rules . ( 1 ) The State Government may , by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance .
(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 in which and the fees on the payment of which an application may be made under sub- section (2) of section 3;
(b) the terms and conditions subject to which the owner may be enrolled under sub -section (3) ofsection 3;
(c) the form in which a certificate of enrolment may be issued under sub-section (4) ofsection 3;
(d) the manner in which the inquiry shall be made under clause (b) of sub - section (5) ofsection 3;
(e) the form in which and the particulars to be entered in the register to be maintained under section 5;
(f) the factors having regard to which the fee shall be determined under sub - section (2) of section, 6;
(g) the procedure to be followed by the Committee under sub- section (3) ofsection 6;
(h) the conditions subject to which the owner or manager shall conduct the coaching class under section 8;
(i) the rules subject to which the District Education Officer shall exercise the powers under section 9;.
(j ) to exercise such other powers by the District Education Officer under clause (c) of section 9 .
(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 the 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.
Guj . Ord. 3 of
1997.
13. Repeal and savings.---( 1 ) The Gujarat Coaching Classes (Control ) Ordinance ,. 1997 is hereby repealed ...
(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Ordinance .
IV-Ex . 22-2
INDEX 22-6
GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
[PART IV
STATEMENT
In recent years there is a mushroom growth of coaching classes in the State . Some of such classes have neither proper facilities nor qualified persons for imparting education in subjects taught in a school . It is noticed that there is a psychological pressure on the students to join such classes with a result that by taking advantage of such pressure and in absence of any control over such classes , exorbitant fees are charged to the students joining such classes and thereby imparting of education in coaching classes has become commercial . It was , therefore , considered necessary to control the conduct of such classes . For that purpose provision is made for registration of owners of coaching classes ; for imposing conditions for conduct of coaching classes; and for requiring the owners of such classes to charge fees to students not exceeding those determined by a Committee . For ensuring compliance with the aforesaid provisions , a penal provision is also made .
As the Gujarat Legislative Assembly was not in session , at that time the Gujarat Coaching Classes (Control ) Ordinance , 1997 was promulgated on the 24th July , 1997 to achieve the aforesaid objects . The Gujarat Legislative Assembly was summoned to meet on the 14th August , 1997 and prorogued on the same day , and therefore , the said Ordinance could not be replaced by an Act of the State Legislature in that session. By virtue of sub- clause ( a) of clause (2) of article 213 of the Constitution of India , the said Ordinance would cease to operate after the 24th September , 1997, the date on which the period of six weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said Ordinance. Therefore , as the Gujarat Legisla- tive Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object.
Gandhinagar,
Dated the 22nd September , 1997.
KRISHNA PAL SINGH , Governor ofGujarat.
By order and in the name of the Governor ofGujarat,
SUDHIR MANKAD, SecetarytoGovernment.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
INDEX REGISTERED NO . G/GNR/2 Extra No. 23
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RERA SHR
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , SEPTEMBER 23 , 1997/ ASVINA 1, 1919
VOL.XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
FART-IV
Acts of the Gujarat Lepidature and Ordinances promazigetod sad Regulations made by the Governor.
EDUCATION DEPARTMENT
4 Sachivalaya, Gandhinagar, Dated the 23rd September, 1997.
GUJARAT ORDINANCE NO . 7 OF 1997 .
AN ORDINANCE
further to amend the Bombay Primary Education Act, 1947.
WHEREAS the Governor of Gujarat has promulgated the Bombay Primary Guj. Ord. 4 of Education (Gujarat Amendment) Ordinance, 1997 on the 31st July, 1997; 1997.
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 14th August, 1997 and prorogued on the sameday;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session; :
AND WHEREAS the said Ordinance would cease to operate after the 24th September, 1997, the date on which the period of six weeks from the date of the re -assembly of the Gujarat Legislative Assembly expires;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;
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IV-Ex . 23-1
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GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
[ PART IV
AND WHEREAS the Legislative Assembly of the State ofGujarat is not in session ;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely: -
1. Short title and commencement .( 1 ) This Ordinance may be called the Bombay Primary Education (Gujarat Amendment) (Second) Ordinance, 1997 .
(2) It shall be deemed to have come into force on the 31st July , 1997 .
300X1 1947 2.Bom. LXI of 1947 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Primary Education Act, 1947 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in section 3 ,
3. Amendment of section 24 of Bom. LXI of 1947. In the principal Act, in section 24, in sub - section (1 ),-
(1) for the words " shall have power " , the words " shall have power under the control and supervision of the District Development Officer or the District Education Officer or , as the case may be , the Municipal Commissioner of the Corporation , within their respective jurisdiction " shall be substituted;
(2) for the word " Director " , the words " Director or by the State Govern- ment " shall be substituted .
Grid 4 4. Repeal and savings. ( 1) The Bombay Primary Education (Gujarat Amendment) Ordinance, 1997 is hereby repealed .
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance.
INDEX 23-3 PART IV]
GUJARAT GOVERNMENT GAZETTE , EX . , 23-9-1997
STATEMENT
Under the existing provisions of sub - section (1 ) ofsection 24 of the Bombay Primary Education Act , 1947 , the Administrative Officer, subject to the general instructions of the Director of Education , is empowered to promote , transfer and take all disciplinary actions against the staff maintained under section 20. In order to have check and control over such powers of the Administrative Officer , it was considered necessary to amend the said sub -section (1) of section 24 so as to provide that the Administrative Officer may exercise such powers under the control and supervision of the District Development Officer, the District Education Officer or , as the case may be , the Municipal Commis- sioner within their respective jurisdiction . The power is also taken to State Government togive general instructions to the Administrative Officer in this respect .
As the Gujarat Legislative Assembly was not in session at that time , the Bombay Primary Education (Gujarat Amendment ) Ordinance, 1997 was promulgated on the 31st July, 1997 to achieve the aforesaid object. The Gujarat Legislative Assembly was summoned to meet on the 14th August , 1997 and prorogued on the same day and the said Ordinance could not be replaced by an Act of the State Legislature in that session. By virtue of sub -clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance would cease to operate after the 24th September , 1997 the date on which the period of six weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object .
KRISHNA PAL SINGH , Gandhinagar ,
Governor ofGujarat.
Dated the 22nd September , 1997 .
By order and in the name of the Governor of Gujarat ,
SUDHIR MANKAD , Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extra No. 24
REGISTERED NO, GIGNR/2,
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL.XXXVIII ] TUESDAY , OCTOBER 14, 1997/ASVINA 22, 1919.
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART- IV
Acts of the. Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
AGRICULTURE AND CO - OPERATION DEPARTMENT
Sachivalaya, Gandhinagar , Dated the 14th October , 1997.
GUJARAT ORDINANCE NO . 8. OF 1997 .
AN ORDINANCE
further to amend the Gujarat Co- operative SocietiesAct, 1961.
WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
Guj .Xof 1962.
AND, WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Co-operative Societies Act , 1961;
NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1 ) . of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-
1. Short title and commencement . (1) This Ordinance may be called the Gujarat Co - operative Societies (Amendment) Ordinance, 1997.
(2) It shall come into force at once .
IV- Ex. 24-1
24-1
INDEX 24-2
GUJARAT GOVERNMENT GAZETTE , EX. , 14-10-1997
[ PART IV
GuGuj . X of 1962 .
2. Guj . X of 1962 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Co- operative Societies Act , 1961 ( hereinafter referred to as " the principal Act ") shall have effect subject to the amendments specified in section 3 .
3. Insertion of new section 74 BB in Guj. X of 1962. In the principal Act, after * section, 74B , the following new section shall be inserted , namely :-
" 74 BB. (1) There shall be reserved for women, -
Reservation of seats for woman on committee of society.
(a) one seat in a committee consisting of not more than eleven members , and
two seats in a committee consisting of more than eleven (b) members .
Guj . Ord. 8 of1997.
(2) (a) Where in a committee , existing on the date of commencement of the Gujarat Co -operative Societies (Amendment) Ordinance , 1997 ,-
(i) consisting of not more than eleven members , there is no woman as a member ;
(ii) consisting of more than eleven members , there is no woman as a member or only one woman as a member ,
the society shall, notwithstanding anything contained in the bye - laws of the society, elect , co - opt or appoint in accordance with its bye - laws , in addition to the existing members of the committee , one woman as a member in a committee referred to in clause ( i) and two women as members or , as the case may be , one woman as a member in a committee referred to in clause (ii) .
Guj . Ord. 8 of 1997.
(b) Where a society does not elect, co - opt , or appoint a member under sub - section (2) within two months from the commencement of the Gujarat Co - operative Societies (Amendment) Ordinance , 1997, the Registrar shall, notwithstanding anything contained in the bye -laws of the society , appoint additional member or members in the committee in accordance with the provisions of sub - section (2) .
:
(3) The term of office of the members so elected , co- opted or appointed under clause (a) or (b) of sub - section (2 ) shall expire on the expiry of the term of office of the other members of the committee . " .
INDEX PART IV]
24-3 GUJARAT GOVERNMENT GAZETTE , EX . , 14-10-1997
STATEMENT
Though the Co-operative movement in the State has been proliferated, the active participation of the women in management of the society is very negligible . It is the policy of the Government to boost and encourage the women to take active part in all walks of life by giving proper representation in every field of the activities . With a view to involving the women in the co - operative activities , it is considered necessary to amend the Gujarat Co- operative Societies Act , 1961. It is proposed to insert a new section which provides that where the committee of management consisting of not more than eleven members, one seat and where the committee consisting ofmore than eleven members , two seats shall be reserved for women. Where in a committee there is no woman as a member as proposed, it has been made obligatory on the part of the society to elect, co - opt or appoint one woman as a member or , as the case may be, two women as members in addition to the existing strength of the committee . Where a society fails to elect , co - opt, or appoint woman as a member or members within a period of two months from the commencement of the proposed provision, the Registrar has been empowered to appoint woman as a member or members on such committee ..
As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid object .
Gandhinagar,
KRISHNA PAL SINGH , Governor of Gujarat .
Dated the 14th October , 1997 .
By order and in. the name of the Governor of Gujarat ,
A. A. PATEL ,
Deputy Secretary to Government.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
INDEX REGISTERED NO. G/GNK/2,
Extra No. 25
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , OCTOBER 14, 1997/ASVINA 22, 1919
VOL.XXXVIII ].
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
EDUCATION DEPARTMENT
Sachivalaya , Gandhinagar, Dated the 14th October , 1997.
GUJARAT ORDINANCE NO . 9 OF 1997 .
AN ORDINANCE
further to amend the Bombay Primary Education Act, 1947.
WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
Bom . LXI of 1947.
AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Bombay Primary Education Act , 1947;.
NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :---
1. Short title and commencement. ( 1 ) This Ordinance may be called the Bombay Primary Education (Gujarat Second Amendment) Ordinance , 1997 .
(2) It shall come into force at once .
Bom . LXI of 1947.
2. Bom . LXI of 1947 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Primary Education Act , 1947 ( hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 7 .
25-1
IV- Ex . 25-1
INDEX 25-2
GUJARAT GOVERNMENT GAZETTE, EX. , 14-10-1997
[ PART IV
3. Amendment of section 2 of Bom. LXI of 1947.-In the principal Act, in section 2, after clause (6), the following clause shall be inserted, námėly:-
" (6A) " balguru " means a person appointed on contract to assist a teacher inaprimary school under the supervision and control of the head teacher; " .
4. Amendment of section 13 of Bom . LXI of 1947. In the principal Act, in section 13, in sub- section (2) , after clause (d), the following clause shall be inserted, namely :-
"(dd) to-maintain such number of balgurus as may in the opinion of the State Government be necessary; " .
/
5. Amendment of section 17 of Bom . LXI of 1947. In the principal Act, in section 17, in sub -section (1) , after clause (c) , the following clause shall be inserted, namely:
"(cc) to maintain such number of balgurus as may in the opinion of the State Government be necessary; " .
6. Insertion of new section 24A in Bom . LXI of 1947. In the principal Act, in Chapter V , after section 24, the following new section shall be added, namely:-
Provision relat- ing to balguru .
"24A. (1) Every taluka panchayat and every authorised municipality shall with the approval of the State Government maintain such number of balgurus as may in the opinion of the State Government be necessary .
(2) Fór selection of balgurus , there shall be a selection committee-
and (a) for every taluka , consisting of such persons as may be prescribed,
(b) for the area of every authorised municipality, consisting of such persons as may be prescribed.
(3) The qualifications for appointment of balgurus shall be such as may be prescribed.
(4) The selection committee shall select candidates for appointment as balgurus in such manner as may be prescribed .
(5) A taluka panchayat or, as the case may be, an authorised municipality may make appointments of the candidates so selected in accordance with the directions given by the selection committee .
(6) No person shall be appointed as a balguru unless he has entered into -acontract with the taluka panchayat or, as the case may be, the authorised municipality in such form and containing such terms and conditions of appointment as may be prescribed.
(7) The duties of balgurus shall be such as may be prescribed.
Guj 18 of 1993 .
(8) The provisions of this section shall have effect, notwithstanding anything to the contrary contained in sections 20 and 23 of this Act and in any provision of the Gujarat Panchayats Act , 1993.
INDEX 25-3 GUJARAT GOVERNMENT GAZETTE , EX. , 14-10-1997 PART IV]
'r
18 of 1993 .
Explanation. For the purposes of this section , a taluka panchayat means à taluka panchayat constituted under the Gujarat Panchayats Act, 1993. ".
7. Amendment of section 63 of Bom . LXI of 1947.-In the principal Act, in section 63,-
(1) in sub - section (2), after clause ( fa), the following clauses shall be inserted, namely :-
" ( fb ) the persons of which a selection committee shall consist of;
(fc) the qualifications for appointment as balgurus ;
(fd) the manner of selection of candidates for appointments as balgurus;
(fe) the form of contract of appointment to be entered into by a balguru and terms and conditions of such appointment to be contained in such contract;
(ff) the duties of balgurus; " ;
(2) to sub - section (3 ), the following proviso shall be added, namely:-
"Provided that if the State Government is satisfied that, circumstances exist which render it necessary to take immediate action it may dispense with previous publication of any rules to be made under this section. " .
INDEX 25-4
PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 14-10-1997 [
STATEMENT
The State Government is continuously endeavouring to provide free and compulsory education for all children until they complete the age of fourteen years as envisaged in article 45 of the Constitution of India and as a step further in that direction, it is proposed to introduce a special scheme to be known as Balguru Scheme in the talukas and areas of authorised municipalities in the State . The scheme envisages employment of the growing number of unemployed persons ,' qualified to teach in primary schools , to assist teachers in such schools for a period of five years .ars . It is envisaged that the scheme would go a long way in spreading compulsory education even in the remote areas of the State and, after a period of five years the Balgurus would be an experienced group of persons available for being appointed as teachers , so as to enhance the efficiency of teaching in Primary Schools in the State . The scheme would also have the effect of reducing un- employment among the persons qualified to teach in primary schools . For the purpose of implementing the aforesaid scheme, it is considered necessary to amend the Bombay Primary Education Act , 1947.
As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to amend the said Act to achieve the aforesaid objects .
Gandhinagar ,
KRISHNA PAL SINGH , Governor of Gujarat .
Dated the 14th October, 1997.
By order and in the name of the Governor of Gujarat,
R. D. PANDOR ,
Deputy Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO . G/GNR/2.
Extra No. 26
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , DECEMBER 18 , 1997/AGRAHAYANA 27 , 1919 VOL. XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
FINANCE DEPARTMENT-
Sachivalaya , Gandhinagar , Dated the 18th December, 1997 .
GUJARAT ORDINANCE NO . 10 OF 1997 .
AN ORDINANCE
further to amend the Gujarat Contingency Fund Act, 1960.
1997.
WHEREAS the Governor of Gujarat has promulgated the Gujarat Guj Ord . 5 of Contingency Fund (Amendment ) ( Second) Ordinance, 1997 on the 23rd September , 1997 ;
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November , 1997;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session;
AND WHEREAS the said Ordinance would cease to operate after the 24th December , 1997 , the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;
IV-Ex . 26-1
26-1
INDEX 26-2
[PART IV GUJARAT GOVERNMENT GAZETTE ΕΧ . , 18-12-1997
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
NOW , THEREFORE, in exefcise of the powers conferred on him by clause (1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , -namely:--
1. Short title and commencement. ( 1 ) This Ordinance may be called the Gujarat Contingency Fund (Amendment ) (Third ) Ordinance , 1997 .
(2) It shall be deemed to have come into force on the 3rd June, 1997.
IV of 2. Guj . IV of 1960 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Contigency Fund Act , 1960. (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendment specified in section 3 .
3. Amendment of section 2 of Guj . IV of 1960. In the principal Act , in section 2, for the words " fifty crores of rupees " , the words " two hundred crores of rupees " shall be substituted.
Guj . Ord. 5.of 1997 4. Repeal and savings .-( 1 ) TheThe Gujarat Contigency Fund (Amendment ) (Second) Ordinance , 1997 is hereby repealed .
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act , aș amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act , as amended by this. Ordinance.
INDEX 26-3
GUJARAT GOVERNMENT GAZETTE EX . , 18-12-1997
PART IV]
STATEMENT
The amount in the Contingency Fund of the State was last increased in August , 1989to fifty crores of rupees . Thereafter, the amount was required to be temporarily increased on certain occasions to meet with unforeseen expenditure which indicates that the amount in the Contigency Fund is insufficient to meet with the demands made on it from time to time . It was , therefore , considered necessary , to raise the limit of the Contigency Fund from fifty crores to two hundered crores of rupees .
was As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Contingency Fund (Amendment ) Ordinance , 1997 was promulgated. on the 3rd June , 1997 to achieve the aforesaid object . The said Ordinance could not be replaced by an Act of the State Legislature , and the Gujarat Contingency Fund (Amendment) (Second) Ordinance , 1997. promulgated on the 23rd September , 1997 to continue the operation of the provisions of the first Ordinance . Thereafter , the Gujarat Legislative Assembly was summonedto meet on the 13th , November , 1997 and prorogued on the 17th November , 1997 and the said second Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub - clause (a) of clause (2) of article 213 of the Constitution of India , the said second Ordinance would cease to operate after the 24th , December , 1997 , the date on which the period of six weeks from the date of re-assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object .
Gandhinagar,
KRISHNA PAL SINGH , Governor of Gujarat
Dated the 17th December , 1997.
By order and in the name of the Governor of Gujarat ,
RAJESH KISHORE , Secretary to Government.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX
ור REGISTERED NO. GIGNK/2.
Extra No. 27
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , DECEMBER 18 , 1997/AGRAHAYANA 27 , 1919 VOL . XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
EDUCATION DEPARTMENT
Sachiva' aya, Gandhinagar , Dated the 18th December, 1997.
GUJARAT ORDINANCE NO . 11 OF 1997 .
AN ORDINANCE
further 10 amend the Bombay Primary Education Act, 1947.
Guj.Ord. 7of1997.
WHEREAS the Governor of Gujarat has promulgated the Bombay Primary Education (GujaratAmendment) (Second) Ordinance , 1997 on the 23rd September , 1997;
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 13th November; 1997 and prorogued on the 17th November , 1997;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session;
AND WHEREAS the said Ordinance would cease to operate after the 24th December , 1997, the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
27-1
IV-Ex . 27-1
INDEX [PART IV 27-2
GUJARAT GOVERNMENT GAZETTE EX . , 18-12-1997
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions ofthe said Ordinance;
NOW, THEREFORE , in exercise of the powers conferred on himby clause (1 ) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-
1. Short title and commencement.--( 1) This Ordinance may be called the Bombay Primary Education (Gujarat Amendment ) (Third) Ordinance , 1997.
(2) It shall be deemed to have come into force on the 31st July, 1997. A
Bom . LXI of1947.
2.Bom. LXI of 1947 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Primary Education Act, 1947 (hereinafter referred to as " the principal Act") shall have effect subject to the amendments specified in section 3.
3. Amendment of section 24 of Bom . LXI of 1947. -In the principal Act , in section 24, in sub- section (1 ) ,
(1) for the words " shall have power " , the words " shall have power under the control and supervision of the District Development Officer or the District Education Officer or , as the case may be, the Municipal Commissioner of the Corporation , within their respective jurisdiction " shall be substituted;
(2 ) for the word "Director " , the words " Director or by the State Government " shall be substituted ...
Guj . Ord. 7of1997.
4. Repeal and savings. (1 ) The Bombay Primary Education (Gujarat Amendment) (Second) Ordinance , 1997 is hereby repealed;
1
(2)Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act , as amended by this Ordinance.
INDEX 27-3
GUJARAT GOVERNMENT GAZETTE EX . , 18-12-1997 PART.IV ]
STATEMENT
Under the existing provisions of sub - section (1 ) of section 24 of the Bombay Primary Education Act , 1947 , the Administrative Officer , subject to the general instructions of the Director of Education , is empowered to promote , transfer and take all disciplinary actions against the staff maintained under section 20. In order to have check and control over such powers of the Administrative Officer , it was considered necessary to amend the said sub- sec- tion (1 ) of section 24 so as to provide that the Administrative Officer may exercise such powers under the control and supervision of the District Development Officer , the District Education Officer or, as the case may be , the Municipal Commissioner within their respectivejurisdiction. The power is also taken to State Government to give general instructions to the Administrative Officer in this respect.
As the Gujarat Legislative Assembly was not in session at that time , the Bombay Primary Education (Gujarat Amendment) Ordinance , 1997 was promulgated on the 31st July , 1997 to achieve the aforesaid object. The said Ordinance could not be replaced by an Act of the State Legislature, and therefore , the Bombay Primary Education (Gujarat Amendment) (Second) Ordinance, 1997 was promulgated on the 23rd September, 1997 to continue the operation of the provisions of the first Ordinance . Thereafter , the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November ; 1997 and the said second Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub - clause (a) of clause (2) of article 213 of the Constitution of India , the said second Ordinance would cease to operate after the 24th December , 1997, the date on which the period of six weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object. :
Gandhinagar,
い
KRISHNA PAL SINGH , Governor of Gujarat.
Dated the 17th December , 1997.
By order and in the name of the Governor of Gujarat,
R. D. PANDOR,
Deputy Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. GIGNR/2,
Extra No. 28
अने
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , DECEMBER 18 , 1997 /AGRAHAYANA 27, 1919 VOL . XXXVIII ]
Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-- IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
EDUCATION DEPARTMENT
Sachivalaya, Gandhinagar , Dated the 18th December , 1997 .
GUJARAT ORDINANCE NO. 12 OF 1997 .
AN ORDINANCE
further to amend the Bombay Primary Education Act, 1947
Guj . Ord. 9 of 1997.
WHEREAS the Governor of Gujarat has promulgated the Bombay Primary Education (Gujarat Second Amendment ) Ordinance , 1997 on the 14th October , 1997;
:
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November, 1997; 2
: AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session ;
AND WHEREAS the said Ordinance would cease to operate after the 24th December , 1997 , the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinance by law;
IV -Ex . 28-1
28-1
INDEX 28--2
GUJARAT GOVERNMENT GAZETTE EX . , 18-12-1997
[ PART IV.
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
NOW, THEREFORE, in exercise of the powers conferred on him by clause ( 1 ) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely :-
1. Short title and commencement . ( 1 ) This Ordinance may be called the Bombay Primary Education ( Gujarat Second Amendment) ( Second) Ordinance , 1997 ..
(2) It shall be deemed to have come into force on the 14th October , 1997 .
2. Bom. LXI of 1947 to be temporarily amended. During the period of operation Bom . LXI of this Ordinance , the Bombay Primary Education Act, 1947 ( hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 7 . of1947.
3. Amendment of section 2. of Bom. LXI of 1947. In the principal Act , in section 2, after clause (6 ) , the following clause shall be inserted , namely :-
" (6A) " balguru " means a person appointed on contract to assist a teacher in a primary school under the supervision and control of the head teacher ; " .
4. Amendment of section 13 of Bom. LXI of 1947. In the principal Act , in section 13, in sub - section (2) , after clause ( d) , the following clause shall be inserted , namely :-
"(dd) to maintain such number of balgurus as may in the opinion of the State Government be necessary; " .
5. Amendment of section 17 of Bom. LXI of 1947.--In the principal Act , in section 17, in sub - section ( 1 ) , after clause (c), the following clause shall be inserted , namely :-
" (cc) to maintain such number of balgurus as may in the opinion of the State Government be necessary ; " .
6. Insertion of new section 24A in Bom. LXI of 1947.----In the principal Act , in Chapter V, after section 24, the following new section shall be added , namely :-
Provision relatingto balguru.
" 24A. ( 1) Every taluka panchayat and every authorised municipality shall with the approval of the State Government maintain such number of balgurus as may in the opinion of the State Government be necessary.
(2) For selection of balgurus , there shall be a selection committee-
(a) for every taluka , consisting of such persons as may be prescribed , and
(b) for the area of every authorised municipality , consisting of such persons as may be prescribed.
INDEX 28-3
GUJARAT GOVERNMENT GAZETTE EX . , 18-12-1997
PART IV ]
(3) The qualifications for appointment of balgurus shall be such as may be prescribed.
(4) The selection committee shall select candidates for appointment as balgurus in such manner as may be prescribed .
(5) A taluka panchayat or, as the case may be, an authorised municipality may make appointments of the candidates so selected in accordance with the directions given by the selection committee.
(6) No person shall be appointed as a balguru unless he has entered into a contract with the 1 : bika panchayat or, as the case may be , the authorised municipality in such form and containing such terins and conditions of appointment as may be prescribed .
(7) The duties of balgurus shall be such as may be prescribed.
Guj.18 of 1993 .
(8) The jorovisions of this section shall have effect, notwithstanding anything to the contrary contained in sections 20 and 23 of this Act and in any provision of the Gujarat Panchayats A ct , 1993 .
Explanation. For the purposes of this section , a taluka panchayat means a taluka panchayat coristituted under the Gujarat Panchayats Act , 1993. " .
Guj .18 of 1993 .
7. Amendr rent ofsection 63 ofBom . LXI of1947. In the principal Act, in section 63,-
(1) in sui section (2) , after clause (fa), the following clauses shall be inserted, namely :-- ;
"( fb) the persons of which a selection committee shall consist of;
(fc) the pualifications for appointment as balgurus;
(fd) the manner of selection of candidates for appointments as balgurus;
(fe)the form of contract of appointment to be entered into by a balguru and terms and condition of such appointment to be contained in such contract ;
(ff) the d rties of balgurus; ";
(2) to sub-: ection (3), the following proviso shall be added, namely:---
"Provided t 1 at if the State Government is satisfied that circumstances exist which render it necess as y to take immediate action, it may dispense with previous publication ofany rules to be made under this section . " .
Guj . Ord . 9of1997.
8. Repeal and savings.- ( 1) The Bombay Primary Education (Gujarat Second Amendment). C. rdinance , 1997 is hereby repealed.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act , s amended by the said Ordinance , shall be deemed to have been done or taken under th e principal Act, as amended by this Ordinance .
1
INDEX [PART IV 28-4
GUJARAT GOVERNMENT GAZETTE EX. , 18-12-1997
STATEMENT
The State Government is continuously endeavouring to provide free and compulsory education for all children until they complete the age of fourteen years as envisaged in article 45 of the Constitution of India and as a step further in that direction , it was proposed to introduce a special scheme to be known as Balguru Scheme in the talukas and areas of authorised municipalities in the State . The scheme envisages employment of the growing number of unemployed persons , qualified to teach in primary schools , to assist teachers in such schools for a period of five years . It is envisaged that the scheme would go a long way in spreading compulsory education even in remote areas of the State and , after a period of five years the Balgurus would be a experienced group of persons available for being appointed as teachers , so as to enhance the efficiency of teaching in Primary Schools in the State . The scheme would also have the effect of reducing unemployment among the persons qualified to teach in primary schools . For the purpose of implementing the aforesa id scheme , itwas considered necessary to amend the Bombay Primary Education Act , 1947.
As the Gujarat Legislative Assembly was not in session at that time , the Bombay Primary Education (Gujarat Second Amendment) Ordinance , 1997 was promulgated on the 14th October, 1997to amend the said Actto achieve the aforesaid objects . Thereafter the Gujarat Legislative Assembly was summonedto meet on the 13th November, 1997 and prorouged on the 17th November , 1997 and, 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 ceaseto operate after the 24th December, 1997, the date on which the period of six weeks from the date of ro - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid objects.
Gandhinagar,
Dated the 17th December , 1997.
KRISHNA F'AL SINGH , Governor of Gujarat.
By order and in the name of the Governor of Gujarat ,
R. D. PANDOR ,
Deputy Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. GIGNR/2.
Extra No. 29
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXVIII ] SATURDAY, DECEMBER 20, 1997 /AGRAHAYAΝΑ 29 , 1919 .
Separate paging is given to this Part in order that it may be filed as a séparate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
PANCHAYATS , RURAL HOUSING AND RURAL DEVELOPMENT DEPARTMENT
Sachivalaya, Gandhinagar , Dated the 20th December , 1997 ..
GUJARAT ORDINANCE NO . 13 OF 1997 .
AN ORDINANCE
further to amend the Gujarat Panchayats Act, 1993 .
WHEREAS the Legislative Assembly of the State of Gujarat is not in session;
of1993.
AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Panchayats Act , 1993 ;
NOW , THEREFORE , in exercise of the powers conferred on him by clause ( 1) of article 213 of the Constitution of India , the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance , namely:-
1. Short title and commencement.-( 1) This Ordinance may be called the Gujarat Panchayats (Amendment) Ordinance, 1997 .
(2) It shall come into force at once.
29-1.
IV-Ex . 29-1
INDEX 29-2
GUJARAT GOVERNMENT GAZETTE EX. , 20-12-1997
[ PART.IV
Guj. 18 of1993 .
2. Guj. 18 of 1993 to be temporarily amended. During the period of operation of this Ordinance, the Gujarat Panchayats Act, 1993 ( hereinafter referred to as " the principal Act " ) shall have effect subject to amendments specified in sections 3, and 4 .
3. Insertion of sections 278A and 278AA in Guj . 18 of 1993.--In the principal Act, after section 278, the following sections shall be inserted, namely:-
"Application ofActto Scheduled Areasof State.
278A. This Act shall apply to the Scheduled Areas of the State as referred to in clause (1 ) of article 244 of the Constitution of India , subject to the modifications specified in Schedule IV.
278AA. The Acts specified in Schedule V shall , in their application to the Scheduled Areas of the State as referred to in clause ( 1) of article 244 of the Constitution of India, be amended to the extent mentioned in fourth column . "
Amendment of certain Acts in their applicationto Scheduled Areas of the State
4. Insertion of new Schedules IV and V in Guj . 18 of 1993. -In the principal Act , after Schedule III, the following Schedules shall be added, namely:-
"SCHEDULE IV
(See section 278A)
(Modifications subject to which this Act appliesto the Scheduled Areas of the State.) .
1. In section 2, after clause ( 19 ), the following clause shall be inserted , namely:-
1
"(19A) "Scheduled Areas " means the Scheduled Areas of the State as referred to in clause ( 1 ) of article 244 of the Constitution of India; " ..
2. For section 4, the foliowing section shall be substituted, namely:--
Gram Sabha,
"4. ( 1 ) There shall be a gram sabha for a village for performing such functions as are provided by or under this Act .
(2) It shall consist of persons whose names are included in the list of voters of electoral divisions of that village .
(3) The gram sabha shall perform the following additional functions , namely:-
(a) The gram sabha shall endeavour to safeguard and preserve the traditions and customs of the inhabitants of the village, their cultural identity , community resources and the customary mode of dispute resolution.
INDEX 29-3 GUJARAT GOVERNMENT GAZETTE EX . , 20-12-1997 PART IV ]
(b) The gram sabha shall-
(i) approve the plans, programmes and projects for social and economic development before such plans , programmes and projects are taken up for implementation by the village panchayat;
( ii) be responsible for the identification or selection of persons as beneficiaries under poverty alleviation and other programmes in the village . " .
3. In section 7 , to, sub - section ( 1 ) , the following proviso shall be added , namely:-
"Provided that while making a recommendation in respect of a local area in the Scheduled Areas it shall be ensured that the local area shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with the traditions and customs . " .
4. In section 9 , in sub - section (5) , in clause ( a) , after sub- clause ( i) , the following sub - clause shall be inserted , namely:-
"(ia) In the case of a village panchayat , the whole local area of which comprises of any of the Scheduled Areas the number of seats reserved for the Scheduled Tribes under sub clause ( i) shall be increased to such number as is not less than one - half of the total number of seats in the village panchayat . " .
5. In section 10 , in sub- section ( 5) , in clause ( a ) , after sub- clause ( i) ,. the following sub- clause shall be inserted , namely:-
"(ia) In the case of a taluka panchayat , the whole local area of which comprises of any of the Scheduled Areas the number of seats reserved for the Scheduled Tribes under clause ( i) shall be increased to such number as is not less than one -half of the total number of seats in the taluka panchayat . " .
6. In section 11, in sub - section (5), in clause ( a) , after sub- clause ( i), the following sub- clause shall be inserted , namely:----
"( ia) In the case of a district panchayat , the whole local area of which comprises of any of the Scheduled Areas the number of seats reserved for the Scheduled Tribes under clause ( i) shall be increased to such number as is not less than one half of the total number of seats in the district panchayat . " .
7. After section 11 , the following section shall be inserted , namely:-
Nomination of members . ofScheduled Tribes.
" 11A. If for any reason an election does not result in the return of any member of Scheduled Tribes in a taluka panchayat or district panchayat , then the State Government may nominate from amongst
INDEX
777 29-4
GUJARAT GOVERNMENT GAZETTE EX . , 20-12-1997 [PART IV
members belonging to Scheduled , Tribes who are qualified to be elected, such number of members as not to exceed one -tenth of the total members to be elected in that panchayat." .
8. In section 51 , in sub -section (2),-
(1) for clause ( a), the following shall be substituted, namely:-.
"(a) All offices of sarpanch of all village panchayats in the State shall be reserved by the State Government for the Scheduled Tribes .
Explanation. For the purposes of this clause "village " panchayat " means the village panchayat , the whole local area ofwhich comprises of the Scheduled Areas . " ;
(2) inclause (b), --
(a) in sub -clause ( i ) , the word " and " shall be deleted;
(b) sub -clause ( ii ) shall be deleted.
9. In section 63 , in sub - section (2),
i
(i) for clause (a) , the following shall be substituted, namely :---
"(a) All offices of the President of the taluka panchayats in the State shall be reserved by the State Government for the Scheduled Tribes .
Explanation. For the purposes of this clause , " taluka panchayat " means the taluka panchayat , the whole local area of which comprises of the Scheduled Areas. " ;
(2) in clause ( b) ,
(a) in sub - clause ( i) , the word " and " shall be deleted ;
(b) sub - clause (ii) shall be deleted.
10. In section 77, in sub- section (2 ), -
(1) for clause (a) , the following shall be substituted, namely:-
"(a) All offices of the President of the district panchayats in the State shall be reserved by the State Government for the Scheduled Tribes .
Explanation. For the purposes of this clause , " district panchayat " means the district panchayat , the whole local area ofwhich comprises of the Scheduled Areas ." .
(2) in clause (b) ,
(a) in sub - clause ( i) , the word " and " shall be deleted ;
(b) sub - clause ( ii ) shall be deleted .
INDEX 29-5 GUJARAT GOVERNMENT GAZETTE EX . , 20-12-1997.
PART IV] .
11. In section 108 , after sub - section (4) , the following sub - section shall be added, namely:-
"(5) (a ) For the purposes of this Act, there shall be vested in the village panchayat minor forest produce found in such area of a forest as is situate in the jurisdiction of that village.
(b) The provisions of the Gujarat Minor Forest Produce Trade Gu979 Nationalisation Act , 1979 shall continue to apply to the minor forest of 1979 . produce notwithstanding that the produce is vested in the village panchayat under clause (a) .
:
(c) The sale proceeds of the minor forest produce shall be paid into and form part of the village fund .
(d) Nothing in clause (a) shall be construed as vesting in the village panchayat the land in the area of forest referred to in clause (a) and trees and plantations thereon.
Explanation.-For the purposes of this sub - section , the expression ' "minor forest produce " shall have the same meaning as assigned to it' in clause (9) of section 2 of the Gujarat Minor Forest Produce Trade Gr1979. Nationalisation Act , 1979. ' ".
12. In section 112, after sub - section ( 1 ) , the following sub-section shall be inserted , namely: --
"( 1A ) The panchayať shall obtain from the gram sabha a certificate of utilization of funds by the panchayat for the plans , programmes and projects referred to in sub - clause (i) of clause (b ) of sub- section (3) of section 4. " .
13. After section 132 , the following section shallbe added , namely:
"132A. The taluka panchayat shall be consulted
(a) before acquiring under the Land Acquisition Act , 1894 l'of 1894. any land situate in the taluka for any development project;
Taluka Panchayat to beconsulted before acquisition of land and rehabilitation of persons affected.
(b) before resettling or rehabilitating persons affected by such project . ".
14. In Schedule I,-
(i) in entry 1, after sub - entry (i) , the following new sub - entry shall be inserted , namely :
"(ia) enforcing prohibition and regulating or restricting the sale and consumption of intoxicants ; " .
IV-Ex . 29-2
INDEX 29-6
GUJARAT GOVERNMENT GAZETTE EX . , 20-12-1997
[PART IV
(ii) in entry 7, after sub - entry (k) , the following new sub - entry shall be inserted , namely :-
"(k- i) planning and management of water bodies; " .
(iii) after entry 10, the following entry shall be added , namely :--
" 11. In the sphere of social sectors-
the power to exercise control over institutions and functionaries in all social sectors . " .
15. In. Schedule II , in Part I , in entry 5 , after sub - entry ( d) , the following new sub - entry shall be added , namely:----
" ( e) control over local plans and resources for such plans including tribal sub - plans . " .
SCHEDULE V
Acts amended .
(See section 278AA)
Year
1
No. 2
Short Titie 3
Extent of amendment 4
1879
In section 73AA, -
Bom. V of 1879.
The Bombay Land Revenue Code, 1879,
(1) in sub - sections ( 1 ) and (2) , for the words " the Collector " , the words " the District Panchayat " shall be substituted ;
(2) in sub - section (3) , in clause ( a ) ,~ (a) for the words " occupancy to another tribal " , the words " occupancy to any person " shall be substituted;
(b) for the words " the Collector " , occuring at two places , the words " the District Panchayat " shall be substituted;
(3) in sub -section (4) , in clause( a) , the words , brackets and figure " of sub - section ( 1 ) of this section , or " shall be deleted ;
(4) in the Explanation , before clause (i), the following clause shall be inserted , namely: - " ( ia) " district panchayat " means a district panchayat of a district
INDEX
1:
29-7
GUJARAT GOVERNMENT GAZETTE EXΧ . , 20-12-1997
PART IV]
comprising of any Scheduled Areas of the State as referred to in clause (1) of article 244 of the Constitution of India, in which the occupancy of the tribal exists; " .
The Bombay
Bom.
1946
After section 17 , the following shall be inserted , namely: ---
of1946.
Money- Lenders Act , 1946.
"17A.. No money lender shall lend any money to a member of the Scheduled Tribe residing in a Scheduled Areas of the State as referred to in clause (1 ) of article 244 of the Constitution of India , without previous sanction of the village panchayat of that village. "..
Previous sanction of village panchayat before lending moncy to member of Scheduled Tribe .
INDEX 29-8
[PART IV- C
20-12-1997
GUJARAT GOVERNMENT GAZETTE EX. ,
STATEMENT
The Gujarat Panchayats Act , 1993 was enacted so as to bring the law relating to the panchayats in the State in conformity with Part IX of the Constitution of India relatingto the panchayats . By virtue of section 3 of the Provisions of the Panchayats ( Extension to the Scheduled Areas ) Act , 1996 , the provisions of the said Part IX relating to panchayats are extended to the Scheduled Areas subject to the exceptions , and modifications provided in section 4 of the said Central Act . In the State there are certain areas which are declared by the President under paragraph 6 of the Fifth Schedule to the Constitution as the Scheduled Arcas . Section 5 of the Central Act provides for continuation of the provisions of the State Act relating to Panchayats till 23rd December , 1997 , although they may have become inconsistent with the provisions of the said Part IX as extended to the Scheduled Areas . It is , therefore , necessary to bring the Gujarat Panchayats Act , 1993 in conformity with the provisions of the said Part IX as extendedto the Scheduled Areas .
Section 4 of the Central Act also requires the State Legislaturè to endow panchayats at the appropriate level and gram sabha with powers in respect of certain matters falling under other laws . It is , therefore , considered necessary to . endow panchayats with powers in respect of those matters . Accordingly , relevant provisions of the Bombay Land Revenue Code , 1879 and the Bombay Money-lenders Act , 1946 are also amended:
As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend Gujarat Panchayats Act, 1993 and other aforesaid Acts to achieve the aforesaid object .
Gandhinagar ,
Dated the 20th December , 1997 .
KRISHNA PAL SINGH , Governor of Gujarat .
By order and in the name of the Governor of Gujarat .
P. BASU ,
Additional Chief Secretary to Government .
GOVERNMENET CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO . GIGNR/2 .
Extra No. 30
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL. XXXVIII ] SATURDAY , DECEMBER 20 , 1997 /AGRAHAYANA 29 , 1919 .
Separate paging is given to this Part in order that it . may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor .
AGRICULTURE AND CO- OPERATION DEPARTMENT Sachivalaya , Gandhinagar , Dated the 20th December , 1997 .
GUJARAT ORDINANCE NO . 14 OF 1997 .
AN ORDINANCE
:
further to amend the Gujarat Co- operative Societies Act, 1961.
WHEREAS the Governor of Gujarat has promulgated the Gujarat Co- operative Societies (Amendment) Ordinance, 1997 on the 14th October , 1997;
Guj . Ord. 8 of1997.
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November, 1997;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session;
AND.WHEREAS the said Ordinance would cease to operate after the 24th December, 1997, the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires ;
AND WHEREAS it is expedient to continue the operation of the provisions of the said Ordinanceby law;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not in session ;
AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance;
30-1
IV-Ex . 30-1
INDEX 30-2
GUJARAT- GOVERNMENT GAZETTE ΕΧ.; 20-12-1997 [PART IV
NOW, THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely :-
:
1. Short title and commencement .( 1 ) This Ordinance may be called the Gujarat Co-operative Societies (Amendment) ( Second) Ordinance, 1997.
(2) It shall be deemetl to have come into force on the 14th October, 1997 .
Guj . X of 1962.
2. Guj . Xof 1962 to be temporarily amended.- During the period of operation ofthis Ordinance , the Gujarat Co -operative Societies Act, 1961 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in section 3.
3. Insertion of new section 74 BB in . Guj . X of 1962. In the principal Act, after section 74B , the following new section shall be inserted, namely :-
"74 BB. (1) There shall be reserved for women,-
Reservationof seats for woman on-a committee of society.
(a) one seat in a committee consisting of not more than eleven members , and
(b) two seats in a committee consisting of more than eleven members .
of1997 . Guj . Ord.14 (2)(a) Where in a committee , existing on, the date of commencement of the Gujarat Co-operative Societies (Amendment) .(Second) Ordinance , 1997 ,-
(i) consisting of not more than eleven members , there is no woman as a member,
(ii) consisting of more than eleven members, there is no woman as a member or only one woman as a member ,
the society shall , notwithstanding anything contained in the bye- laws of the society, elect, co- opt or appoint in accordance with its bye - laws , in addition to the existing members of the committee, one woman as a member in a committee referred to in clause (i) and two women as members or ; as the case may be , one woman as a member in a committee referred to in clause ( ii) .
(b) Where a society does not elect , co- opt or appoint a member under sub- section (2) within two months from the date of commencement of the Gujarat Co - operative Societies'
of1997. Guj . Ord.14 (Amendment) (Second) Ordinance , 1997, the ' Registrar shall, notwithstanding anything contained in the bye - laws of the society , appoint - additional member or members in the committee in accordance with the provisions of sub - section (2).
(3) The term of office of the members so elected , co - opted of appointed under clause (a) or (b) of sub - section (2) shall expire on the expiry of the term of office of the other menibers of the committee." .
Guj . Ord. 8 of 1997.
4. Repeal and savings.--(1 ) The Gujarat Co- operative Societies (Amendment) Ordinance, 1997 is hereby repèaled.
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act , as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance .
INDEX 30-3 .
GUJARAT GOVERNMENT GAZETTE EX . , 20-12-1997
PART IV ]
STATEMENT
Though the Co - operative movement in the State has been proliferated , the active participation of the women in management of the society is very negligible. It is the policy of the Governinent to boost and encourage the womento take active part in all walks of life by giving proper representation in every field of the activities . With a view to involving the women in the co- operative activities , it was considered necessary to amend the Gujarat Co-operative Societies Act, 1961. It was proposed to insert a new section which provides that where the committee of management.consisting of not more than eleven members , one seat and where the committee consisting of more than eleven members , two seats shall be reserved for women . Where in a committee there is no woman as a member as proposed , it has been made obligatory on the part of the society to clect; co - opt or appoint one woman as a member or, as the case may be , two women as members in addition to the existing strength of the committee . Where a society fails to elect , co - opt or appoint woman as a member or members within a period of two months from the commencement of the proposed provision , the Registrar is empowered to appoint woman as a member or members on such committee . As the Gujarat Legislative Assembly was not in session at that time, the Gujarat Co -operative Societies (Amendment) Ordinance , 1997 was promulgated on the 14th October , 1997to amend the said Act to achieve the aforesaid objects ..
: The said Ordinance was laid before the Gujarat Legislative Assembly in its session which was sunmoned to meet on the 13th. November , 1997 and prorogued on the 17th November , 1997 and the aforesaid Ordinance could not be replaced by an Act of State Legislature in that session. By virtue of sub - clause (a) of clause (2) of articic 213 of the Constitution of India, the said Ordinance would cease to operate after the 24th December, 1997, the date on whichi the period of six weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to achieve the aforesaid object .
Gandhinagar,
KRISHNA PAL SINGH , Governor ofGujarat .
Dated the 20th December, 1997.
L
By order and in the name of the Governor of Gujarat ,
A. A. PATEL,
Deputy Secretary to Government ..
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2 Extra No. 31
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXVIII ]
MONDAY , DECEMBER 22, 1997/ PAUSA 1 , 1919 Separate paging is given to this Part in order that it may be filed as a separate compilation .
PART-IV
Acts of the Gujarat Legislature and Ordinances proumeigated and Regulations made by the Governor.
EDUCATION DEPARTMENT
Sachivalaya , Gandhinagar , Dated the 22nd December , 1997 .
GUJARAT ORDINANCE NO . 15 OF 1997 .
AN ORDINANCE
to control coaching classes in the State in the interests of the general public .
WHEREAS there is a mushroom growth of coaching classes in the State;
AND WHEREAS some of the coaching classes are conducted by unqualified persons and without having proper facilities ;
AND WHEREAS on account of psychological pressure of building up of their careers , the students are compelled to join such classes and the parents are anxious to get their children to join such classes ;
AND WHEREAS in absence of any control over owner or manager of such classes , exorbitant fees are charged to the. students resulting in the commercialization of education imparted in such classes ;
AND WHEREAS on account of such commercialization , the coaching classes have become ' teaching shops ' which is abhorrent to the Indian culture and heritage of the Guru - Shisya tradition ;
IV -Ex . 31-1
31-1
INDEX 31-2
GUJARAT GOVERNMENT GAZETTE EX. , 22-12-1997
[PART IV
1 AND WHEREAS the students belonging to the weaker sections of the society are compelled to pay exorbitant fees and thereby they become victims of such commercialization;
AND WHEREAS with a view to effectively curb such commercialization , it is expedient in the interests of the general public to control the coaching classés inthe State;
Guj . Ord . 6 of1997 .
AND WHEREAS the Governor of Gujarat has promulgated the Gujarat Coaching Classes (Control ) (Second) Ordinance , 1997. on the 23rd September , 1997 , in. this regard;
AND WHEREAS the session of the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November , 1997;
AND WHEREAS the said Ordinance could not be replaced by an Act of the State Legislature in that session;
AND WHEREAS the said Ordinance would cease to operate after the 24th December , 1997, the date on which the period of six weeks from the date of the re - assembly of the Gujarat Legislative Assembly expires;
AND WHEREAS it is expendient to continue the operation of the provisions of the said Ordinance by law;
AND WHEREAS the Legislative Assembly of the State of Gujarat is not insession;
AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance ;
NOW , THEREFORE , in exercise of the powers conferred on him by clause (1) of article 213 of the Constitution of India , the Governor of - Gujarat is hereby pleased to make and promulgate the following Ordinance, namely:-
1. Short title, extent and commencement. ( 1 ) This Ordinance may be called the Gujarat Coaching Classes (Control ) (Third ) Ordinance , 1997 .
(2) It extends to the whole of the State of Gujarat .
(3). It shall deemed to have come into force on the 24th July , 1997 .
2. Definitions. In this Ordinance , unless the context otherwise requires ,-
(a)." coaching class " means a class where more than five students are imparted tuition in any of the subjects taught in a school and includes a tuition class :
Explanation. Where at the same place less than five students are imparted tuition in any such subjects at different times of a day , so however that the total number of students to whom tuition is so imparted exceeds five, then such imparting of tuition shall be deemed to be a coaching class within the meaning of this clause;
(b) " committee " means the committée constituted under section 6 ;
INDEX 31-3
EX:, 22-12-1997 GUJARAT GOVERNMENT GAZETTE
PART IV]
(c) "manager" in relation to any coaching class means a person or body of persons, appointed by the owner and in -charge or control of the management of the coaching class;
(d) " owner" means an owner of a coaching class;.
(e) " prescribed " means prescribed by rules made under this Ordinance ;
(f) " register " means a register maintained under section 5;
(g) " school " means-
Bom . LXI (i) a ' primary school ' as defined in clause ( 17) of section 2 of the Bombay Primary Education Act , 1947 , or of1947.
Guj . 18 of1973 .
(ii) a ' secondary school ' as defined in clause (v ) of section 2 of the Gujarat Secondary Education Act , 1972 , or
(iii) a . ' higher secondary school ' imparting education in the eleventh and the twelfth standard and registered as such by the Gujarat Higher Secondary Education Board ,
3. Prohibition against conducting coaching classes. ( 1 ) No owner or manager shall , after the commencement of this Ordinance , conduct any coaching class unless the owner is enrolled in the register .
(2) Any person who desires to conduct a coaching class may make an application to the District Education Officer or , as the case may be , an officer authorised by the State Government in this behalf (hereinafter referred to as " the authorised officer " ) , in such form and accompanied by . such fees as may be prescribed :
Provided that where any coaching class exists at the commencement of this Ordinance , the owner thereof shall make an application within a period of sixty days from such commencement:
Provided further that where an owner referred to in the first proviso makes an application within the period specified in that proviso , such owner shall be deemed to have been authorised to conduct the existing coaching class during the period from the date of commencement of this Ordinance and ending on the day onwhich he is enrolled in the register or , as the case may be , his enrolment is refused , as if he was enrolled for such period under this Ordinance .
(3) On receipt of an application under sub- section (2 ), the District Education Officer or, as the case may be , the authorised officer , may , after making such inquiry as he thinks fit, enrol on such conditions as may be prescribed or refuse to enrol the person or owner in the register .
(4) The District Education Officer or , as the case may be , the authorised officer may issue a certificate of enrolment to the person or the owner in such form as may be prescribed .
(5) ( a) Where the District Education Officer or , as the case may be , the authorised officer is satisfied either on a reference made to him in this. behalf or otherwise , that the enrolment of a person or the owner in the register has been obtained by misrepresentation asto an essential fact, he may, after giving an opportunity of being heard to the person or owner so . enrolled , cancel his enrolment in the register.
INDEX 31-4
GUJARAT GOVERNMENT GAZETTE EX . , 22-12-1997 [PART IV
(b) Where any owner or manager has been , on an inquiry made by the District Education Officer or the authorised officer in such manner as may. be prescribed , found to have committed breach of any of the conditions or committed default in carrying out any of the duties imposed on such owner or manager by this Ordinance or the rules made thereunder , the District Education Officer or , as the case may be , the authorised officer shall , after giving such owner or manager an opportunity of being heard, cancel the enrolment of the owner in the register .
4. Appeal. Any person or owner aggrieved by the decision of the District Education Officer or , as the case may be , the authorised officer , may, within a period of thirty days from the date on which the decision is communicated to him , file an appeal to the Commissioner of Higher Education and the decision thereon shall be final .
5. Maintenance of register . There shallbe maintained by the District Education Officer or , as the case may be , the authorised officer , a register for enrolment of owners in the area of his jurisdiction in such form and containing such particulars as may be prescribed . !
6. Constitution of Committee and its functions.-( 1) The State Government may , by notification in the Official Gazette , constitute a Committee consisting of the following members , namely :-
(a) The Secretary in Education Department in- charge of Schools , who shall be the Chairman ,
(b) The Secretary in Education Department in- charge of Higher and Technical Education ,
(c) The Commissioner of Higher Education ,
(d) The Director of Primary Education ,
(e) The Financial Adviser in the Education Department .
(2) The Committee shall , having regard to such factors as may be prescribed , determine from time to time the fees to be charged to the students of coaching , classes in the State by owners or managers and different fees may be determined for different areas of the State .
(3) The Committee in discharge of its functions under sub- section (2) shall follow such procedure as may be prescribed.
7. Tuition fees to be charged. No owner or manager shall charge fees for tuition imparted in the coaching class exceeding such amount as determined by the Committee under section 6.
8. Duties of owner or manager . An owner or manager shall conduct coaching class subject to such conditions as may be prescribed..
9. Inspection. Subject to the rules made in this behalf, the District Education Officer or any other officer authorised by the Committee in this behalf, may within the area of his jurisdiction-
INDEX EX . , 22-12-1997
GUJARAT GOVERNMENT GAZETTE
PART IV ]
(a) enter , with such assistants , as he thinks fit , being persons in the service of the Government, in any place which is used or which he has reason to believe is used for a coaching class ,
(b) require production of any document relating to the coaching class and take on the spot or otherwise statements of any person , as he may consider necessary for carrying out the purposes of this Ordinance ,
(c) exercise such other powers as may be prescribed for carrying out the purposes of this Ordinance .
10. Report. An owner shall furnish such information as the District Education Officer or , as the case may be , the authorised officer may require for the purposes of this Ordinance .
11. Penalty. Any person who contravenes the provisions of sub- section ( 1 ) of section 3 or section 7 shall be punishable with imprisonment for a term which may extend to six months or with a fine which shall not be less than one thousand rupees and which may extend to fifty thousand rupees or both .
12. Power to make rules .-( 1) The State Government may , by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance .
(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 in which and the fees on the payment of which an application may be made under sub- section (2) of section 3;
(b) the terms and conditions subject to which the owner may be enrolled under sub- section (3) of section 3 ;
: (c) the form in which a certificate of enrolment may be issued under sub- section ( 4) of section 3;
(d) the manner in which the inquiry shall be made under clause (b ) of sub- section ( 5) of section 3 ;
(e) the form in which and the particulars to be entered in the register to be maintained under section 5; :
the factors having regard to which the fee shall be determined under sub - section ( 2) of section 6;
(g) the procedure to be followed by the Committee under sub- section (3) of section 6; :
(h) the conditions subject to which the owner or manager shall conduct the coaching class under section 8;
(i) the rules subject to which the District Education Officer shall exercise the powers under section 9 ;
INDEX
V- Ex. 31-2 PART IV GUJARAT GOVERNMENT GAZEΤΤΕ ΕΧ . , 22-12-1997
(1) to exercise such other powers by the District Education Officer under clause (c) of section 9 .
(3) All rules made under this section, shall be laid for not less than thirty day's before the State Legislature as soon as possible after they are made, and shall be subject to the 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
uj Ord
1997
6 13. Repeal and savings ( 1) The Gujarat Coaching Classes ( Control) , ( Second) Ordinance , 1997, is hereby repealed
( 2 ) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Ordinance
INDEX 31-7 GUJARAT GOVERNMENT GAZETTE EX . , 22-12-1997
PART IV ]
STATEMENT
In recent years there is a mushroom growth of coaching classes in the State . Some of such classes have neither proper facilities nor qualified persons for imparting education in subjects taught in a school . It is noticed that there is a psychological pressure on the students to join such classes with a result that by taking advantage of such pressure and in absence of any control over such classes , exorbitant fees are charged to the students joining such classes and thereby imparting of education in coaching classes has become commercial . It is , therefore , considered necessary to control the conduct of such classes . For that purpose provision is made for registration of owners of coaching classes; for imposing conditions for conduct of coaching classes ; and for requiring the owners of such classes to charge fees to students not exceeding those determined by a Committee . For ensuring compliance with the aforesaid provisions , a penal provision is also made.
As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Coaching Classes (Control ) Ordinance , 1997 was promulgated on the 24th July, 1997 to achieve the aforesaid object . The said Ordinance. could not be replaced by an Act of the State Legislature , and the Gujarat Coaching Classes (Control ) ( Second) Ordinance , 1997 was promulgated on the 23rd September , 1997 to continue the operation of the provisions of the first Ordinance . Thereafter the Gujarat Legislative Assembly was summoned to meet on the 13th November , 1997 and prorogued on the 17th November , 1997 and the said second Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue sub- clause ( a ) of clause (2 ) of article 213 of the Constitution India , the said second Ordinance would cease to operate after the 24th December, 1997, the date on which the period te from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to continue the operation of the provisions of the said second Ordinance . Therefore , as the Gujarat Legislative Assembly is not in session , this Ordinance . is promulgated to achieve the aforesaid object . af ni
Gandhinagar,
Dated the 21st December , 1997 .
KRISHNA PAL SINGH , Governor of Gujarat .
By order and in the name of the Governor of Gujarat ,
S. G. MANKAD ,
Additional Chief Secretary to Government .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
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