Extra Ordinary Part - V / 1998
Date
Extra No.
Department
Extra No.1 12-03-1998 998 Legislative & Parliamentary Affairs Department Extra No.2 12-03-1998 Legislative & Parliamentary Affairs Department Extra No.3 25-03-1998 Legislative & Parliamentary Affairs Department Extra No.4 26-03-1998 Legislative & Parliamentary Affairs Department Extra No.5 12-06-1998 Legislative & Parliamentary Affairs Department Extra No.6 12-06-1998 998 Legislative & Parliamentary Affairs Department Extra No.7 02-07-1998
Gujarat Legislature Secretariat
Extra No.8 02-07-1998 Gujarat Legislature Secretariat
Extra No.9 02-07-1998 Gujarat Legislature Secretariat
Extra No.10 02-07-1998 Gujarat Legislature Secretariat
Extra No.11 02-07-1998 Gujarat Legislature Secretariat
02-07-1998
Extra No.12
Gujarat Legislature Secretariat
02-07-1998
Extra No.13
Gujarat Legislature Secretariat
Extra No.14 02-07-1998 Gujarat Legislature Secretariat
02-07-1998
Extra No.15
Gujarat Legislature Secretariat
Extra No.16 02-07-1998 Gujarat Legislature Secretariat
Extra No.17 02-07-1998 Gujarat Legislature Secretariat
Extra No.18 23-07-1998 Legislative & Parliamentary Affairs Department Extra No.19 23-07-1998 Legislative& Parliamentary Affairs Department Extra No.20 23-07-1998 Legislative & Parliamentary Affairs Department Extra No.21 23-07-1998 Legislative & Parliamentary Affairs Department Extra No.22 24-07-1998 Legislative & Parliamentary Affairs Department Extra No.23 24-07-1998 Legislative & Parliamentary Affairs Department
Extra No.
Date
Department
Extra No.24 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.25 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.26 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.27 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.28 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.29 27-07-1998 Legislative & Parliamentary Affairs Department Extra No.30 27-07-1998 998 Legislative & Parliamentary Affairs Department Extra No.31 28-07-1998 Legislative & Parliamentary Affairs Department Extra No.32 28-07-1998
Gujarat Legislature Secretariat
Extra No.33 28-07-1998 Gujarat Legislature Secretariat
Extra No.34 28-07-1998 Gujarat Legislature Secretariat
28-07-1998
Extra No.35
Gujarat Legislature Secretariat
Extra No.36 28-07-1998 Gujarat Legislature Secretariat REGISTERED NO. G/GNR/2.
Extra No. 1
C
વ ગમઃ
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ] THURSDAY, MARCH 12, 1998 /PHALGUNA 21, 1919
Separate paging is given to this Part in order that it maybe filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette , The date of publication to be reported).
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules.-
THE GUJARAT CONTINGENCY FUND ( AMENDMENT)
BILL, 1998 .
GUJARAT BILL NO . 1 OF 1998 .
A BILL
further to amend the Gujarat Contingency Fund Act, 1960.
It is hereby enacted in the Forty -ninth Year of the Republic of India as follows :-
1. ( 1) This Act may be called the Gujarat Contingency Fund Short (Amendment) Act , 1998 .
title commence- ment . and
(2) It shall be deemed to have come into force on the 3rd June , 1997.
Guj . IV of1960.
section 2 of Amendment of Guj . IV of 2. In the Gujarat Contingency Fund Act, 1960 (hereinafter referred to as "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.. 10 of1997 .
and savings.
3. ( 1 ) The Gujarat Contingency Fund ( Amendment ) (Third) Ordinance , Repeal 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 Act.
1-1
V-Ex . 1-1
INDEX [PART -V 1-2 GUJARAT GOVERNMENT GAZETTE , EX . , 12-3-1998
STATEMENT OF OBJECTS AND REASONS
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 was 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 of rupees to two hundered crores of rupees .
23rd . 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 . Thereafter , the second Ordinance was promulgated on the September , 1997 to continue the operation of the provisions of the first Ordinance. Since the second Ordinance could not be replaced by an Act of the State Legislature , the Gujarat Contingency Fund (Amendment ) ( Third) Ordinance , 1997 was promulgated .
This Bill seeks to replace the said third Ordinance by an Act of the State Legislature .
KESHUBHAI PATEL Dated the 12th March, 1998 .
By order and in the name of the Governor of Gujarat,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar , dated the 12th March, 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2.
Extra No. 2 .
सत्यमेव जमते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , MARCH 12 , 1998 /PHALGUNA 21 , 1919 VOL . XXXIX)
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bilis introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette, The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules .
THE GUJARAT CONTINGENCY FUND ( TEMPORARY INCREASE ) BILL , 1998 .
GUJARAT BILL NO . 2 OF 1998 .
A BILL
to provide for temporary increase in the Contingency Fund of the State of Gujarat .
It is hereby enacted in the Forty - ninth. Year of the Republic of India as follows :-
1. (1) This Act may be called the Gujarat Contingency Fund (Temporary Increase) Act , 1998 .
Short title and commence- ment .
(2) It shall be deemed to have come into force on the 21st January , 1998.
Guj . IV of 1960.
Temporary increase in Contingency State.
2. Notwithstanding anything contained in section 2 of the Gujarat Contingency Fund Act, 1960, the extent of the sum of two hundred crores of rupees specified in section 2 of the said Act as the sum to be paid into the Contingency Fund of the State of Gujarat shall , during the period beginning from the commencement of this Act and ending on the 31st March , 1998 , be raised to three hundred crores of rupees .
2-1
V-Ex. 2-1
INDEX [ PART -V 2-2 GUJARAT GOVERNMENT GAZETTE , EX. , 12-3-1998
Repeal,
3. The Gujarat Contingency Fund (Temporary Increase ) Ordinance , Gujood. 2 1998 is hereby repealed .
STATEMENT OF OBJECTS AND REASONS
Section 2 of the Gujarat Contingency Fund Act , 1960, as amended by the Gujarat Contingency Fund ( Amendment ) ( Third ) Ordinance , 1997 provides that out of the Consolidated Fund of the State , a sum of two hundred crores of rupees shall be paid into the Contingency Fund of the State....
Subsequent to the raising the limit of the Fund by amendment made in section 2 by the Ordinance , the balance in the Contingency Fund is found insufficient to meet with the requirements of the State on account of
( i ) Lok Sabha Election ,
( ii) division of districts and talukas , and
(iii ) liability arising out of the implementation of the Fifth Pay Commission's recommendations .
To meet with the aforesaid expenditure , it has become necessary to increase temporarily till the 31st March , 1998 , the limit of the said Fund from two hundred crores of rupees to three hundred crores of rupees .
As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Contingency Fund ( Temporary Increase ) Ordinance , 1998- was promulgated to achieve the aforesaid object .
This Bill seeks to replace the said Ordinance by an Act of the State Legislature .
KESHUBHAI PATEL Dated the 12th March , 1998 .
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department.
Gandhinagar, dated the 12th March , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2.
Extra No. 3
C
सूयमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
WEDNESDAY , MARCH 25 , 1998 / CAITRA 4, 1920 Vol. XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT APPROPRIATION ( VOTE ON ACCOUNT )
BILL, 1998 .
GUJARAT BILL NO . 3 OF 1998 ..
ABILL
to authorise withdrawal of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of a part of the Financial Year ending on the thirty -first day of March, 1999.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows :-
1. This Act may be called the Gujarat Appropriation (Vote on Account) Act, 1998. Short title.'
Withdrawal of Rs.52,84,06,29,000 from and out of the Consolidated Fund of the State of Gujaraal for the year 2. From and out of the Consolidated Fund of the State of Gujarat, there may be withdrawn sums not exceeding those specified in column 3 of the Schedule, hereto annexed amounting in the aggregate to the sum of five thousand two hundred eighty - four crores , six lakhs , twenty - nine thousand rupees towards defraying the several charges which will come in course of 1998-99. payment during the financial year 1998-99 .
3. The sums authorised to be withdrawn from and out of the Consolidated Appropriation . 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 .
V--Ex . 3-1
3-1
INDEX 3-2
GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1998
[PART V
THE SCHEDULE
( See sections 2 and 3 )
No. of
Sums not exceeding
Services and purposes
Voted
Total Vote/ Appro- priation
Charged on the Consolidated Fund
1 2
3
Revenue
1,34,08,000
1,34,08,000 1. Agriculture and Co- operation Department
Revenue
2 Agriculture
60,90,50,000
60,90,50,000
Capital
23,33,000
23,35,000
Revenue 18,42,79,000
18,42,79,000
Capital
50,20,000
50,20,000 3 Minor Irrigation, Soil Conservation and Area Development
17,15,32,000
Revenue,
17,15,32,000 4 Animal husbadry and Dairy Development
Capital
1.33,000
1,33.000
5 Co- operation
Revenue
9,96,21,000
9,96,21,000
Capital
5,40,67,000
5,40,67,000
1,00,55,000
Capital
1,00,55,000 6 Other expenditure pertaining to Agriculture & Co- operation Department
Revenue
7 Education Department
75,42,000
75,42,000
.8 Education
Revenue 7,82,73,40,000 24,09,84,000 8,06,83,24,000
Capital
6,32,000
6,32,000
Revnue
83,07,000
83,07,000 9 Other expenditure pertaining to Education Department Capital 10,40,97,000
10,40,97,000
Revenue
28,53,000
28,53,000 10 Energy and Petro- Chemicals Department
Revenue 1,72,20,000
1,72,20,000 11 Tax Collection Charges (Energy & Petro - Chem. Department)
12 Energy Projects
Revenue 2,26,13,33,000
2,26,13,33,000
INDEX 3-3
GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1998
PART V ]
Sums not exceeding
Services and purposes
Total
Voted
Charged
No. of Vote/ Appro-
priation
onthe Consolidated
Fund
3
2
1
3,82,000
3,82,000 13
Other expenditure pertaining to Capital Energy & Petro-Chemicals.
Department
14
1,62,86,000
1,62,86,000
Revenue
Finance Department
2,53,000
2,53,000,
Capital
15
Revenue 16,23,35,000
16,23,35,000
Tax Collection Charges (Finance Department)
Revenue 10,86,25,000
10,86,25,000 16 Treasury & Accounts Adminstration
Revenue
17
1,34,000
2,01,94,57,000
2,01,95,91,000 Pension and Other Retirement Benefits
18
Revenue 4,12,98.16,000
4,12,98,16,000
34,000
53,82,000
:54,16,000
Capital
Other expenditure pertaining 10 Finance Department
19
Revenue
6,59,22,08,000 6,59,22,08,000
2,78,70,88,000 2,78,70,88,000
Capital
Repayment of debt pertaining to Finance Department and its servicing
20-
Revenue
1,75,09,000
1,75,09,000 Food , Civil Supplies and Consumer Affairs Department
21
Revenue 29,90,58,000
CivilSupplies
29,90,58,000
1,000.
Capital
1,000
22 Food
Revenue
3,20,04,000
3,20,04,000
23
36,77,000
36,77,000 Other expenditure pertaining to Capital Food , Civil Supplies and Consumer Affairs Department
24
Revenue
38.05,000
38,05,000 Forest and Environment Department
25 Forest
Revenue 26,80,69,000
26,80,69,000
31,31,21,000
Capital
31,31,21,000
INDEX 3-4
GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 25-3-1998
[PART V
Sums not exceeding
Services and purposes
Voted
Total No. of Vote/ Appro- priation
Charged on the Consolidated Fund
1
2
3
26 Environment
Revenue 1,86,67,000
1,86,67,000
27
Other expenditure pertainingto Forest and Environment Department
Capital
92,57,000
92,57,000
28 Governor
Revenue
55,98,000
55,98,000
29 Council of Ministers
Revenue 1,12,25,000
*1,12,25,000
30 Elections
Revenue 2,84,01,000
2,84,01,000
31 Public Service Commission Revenue
17,26,000
61,30,000
78,56,000
Revenue
5,30,31,000
5,30,31,000 32 General Administration Department
33 Economic Advice & Statistics Revenue 2,27,53,000
2,27,53,000
Revenue 34,90,81,000 *
34,90,81,000
Capital
44,10,000
44,10,000 34. Other expenditure pertaining to General Administration Department
35
State Legislature
Revenue 1,99,28,000
1,60,000
:
2,00,88,000
Capital
4,12,000
4,12,000 36 Loans & Advances to Government Servants in Gujarat Legislature Secretariat
Revenue 1,16,84,000
1,16,84,000 37 Health and family Welfare Department
38
Medical and Public Health Revenue 1,70,59,02,000
1,70,59,02,000
:
39
FamilyWelfare
Revenue 32,68,06,000
32,68,06,000
40
Revenue 23,19,51,000
23,19,51,000 .
Capital
1,42,32,000
1,42,32,000 Other expenditure pertainingto Health and Family Welfare Department
INDEX 3-5 GUJARAT GOVERNMENT GAZETTE , EX. , 25-3-1998
PART V ]
Sums not exceeding
Services and purposes
Voted
Total No. of Votc/ Appro- priation
: Charged on the Consolidated Fund
1
2
3
41
Home Department
Revende 1,19,89,000
1,19,89,000
42 Police
Revenue 1,79,36,14,000
1,79,36,14,000
43 Jails
Revenue 7,23,34,000
$7,23,34,000
44
Revenue
Transport
20,54,37,000
20,54,37,000
45 State Excise
Rexenue 1,43,46,000
1,43,46,000
46
Revenue 14,63,86,000
66,000
14,64,52,000 Other expenditure pertaining to Home Department
Capital 10,55,57,000
10,55,57,000
47
Industrics & Mines Department
63,98,000
Revenue
63,98,000
48
Revenue
Stationery and Printing
12,11,88,000
12,11,88,000
49 Industries
Revenue 38,22,10,000
38,22,10,000
Capital
53,83,000
53,83,000
50 Mines and Minerals
Revenue
3,92,93,000
3,92,93,000
51
Revenue
1,73,000
1,73,000
Capital. 1,36,20,000
شهد
1,36,20,000 Other expenditure pertaining to Industries and Mines Department
52
Revumue
19,23,000
19,23,000 Information , Broadcasting and Tourisum Department
53
Revenue
Information and Publicity
5,67,97,000
5,67,97,000
54 Tourism
Revenue
1,39,33,000
1,39,33,000
55
1,41,50,000
Revenue
1,41,50,000
Capital
5,77,000
5,77,000 Other expenditure pertaining to Information , Broadcasting and Tourism Department
56
Revenue
42,23,000
42,23,000.
Labour and Employment Department
57
Reverue
Labour and Employment
23,74,21,000
23,74,21,000
Capital
10,000
10,000
INDEX 3-6
GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1998
[PART V
Sums not exceeding
Services and purposes
Voted
Total No. of Vote/ Appro- priation
Charged on the Consolidated Fund
1
2
3
58
86,53,000
Capital
86,53,000 Other expenditure pertaining to Labour and Employment Department
59 Legal Department
Revenue
62,18,000
62,18,000
60
Revenue
Administration of Justice
24,30,57,000
2,99,74,000
27,30,31,000
61
Revenue
1,12,97,000
1,12,97,000 Other expenditure pertaining to Legal Department
Capital
1,15,33,000
1,15,33,000
62
39,87,000
Revenue
39,87,000 Legislative and Parliamentary Affairs Department
63
2,70,000
Capital
2,70,000 Other expenditure pertaining to Legislative and Parliamentary Affairs Department
Revenue
64.
1,15,92,000
1,15,92,000 Narmada , Water Resources and Water Supply Department
65
Narmada Development Sclieme.
4,40,00,77,000
Capital
4,40,00,77,000
66 .
Irrigation and Soil Conservation Revenue 80,71,17,000
80,71,17,000
Capital 95,66,33,000
95,66,33,000
67 Water Supply
37,74,84,000
37,74,84,000
Revenue Capital 1,57,96,67,000
1,57,96,67,000
68
Revenue
33,000
33,000
Capital
9,42,65,000
9,42,65,000 Other expenditure pertaining to Narmada Water resources and Water Supply Department
69
Revenue .
78,25,000
78,25,000 Panchayat Rural Housing and Rural Development Department
70 Community Development
Revenue 41,21,98,000
41,21,98,000
71
59,61,26,000
33,34,92,000 92,96,18,000 Rural Housing and Development
Revenue Capital
83,33,000
83,33,000
72
Revenue 10,73,60,000
10,73,60,000 Compensations and Assignments
INDEX 3-7 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 25-3-1998
PART V ]
No. of
Sums not exceeding
Vote/
Services and purposes
Voted
Total Appro-
Charged
priation
on the Consolidated.
Fund
2
1
3
73
Revenue 7,82,46,000
Other expenditure pertaining
7,82,46,000
6,31,42,000
Capital
6,31,42,000
cafos
to Pachayats rural Housing and Rural Development
Housing Department
74 Fisheries
Revenue 7,01,84,000
7,01,84,000
4,33,13,000.
Capital
4,33,13,000
75
Revenue
21,00,000
21,00,000
Capital
8,23,000
8,23,000 Other expenditure pertaining to Ports and fisheries Department
76
Revenue
Revenue Department
1,82,86,000
1,82,86,000
77
Revenue
14,64,70,000
14,64,70,000 Tax Collection Charges (Revenue Department)
78
Revenue
District Administration
17,53,04,000
17,53,04,000
70
Revenue 1,05,80,67,000
1,05,80,67,000 Relief on Account of Natural Calamities
80
Revenue
Dang District
5,00,11,000
5,00,11,000
81
Revenue
5,75,67,000
5,75,000
5,81,42,000 Compensations and Assignments .
5,33,000
Capital
2,33,000
7,66,000
82
16,04,000
Revenue
16,04,000 Other expenditure pertaining to Revenue Department
1,26,90,000
Capital
1,26,90,000
83
Revenue 1,20,76,000
1,20,76,000 Roads and Buildings Department
84
Revenue
Non - Residential Buildings
52,85,27,000
1,25,000
52,86,52,000
Capital 19,51,56,000
19,51,56,000
85
Revenue
Residential Buildings
20,81,88,000
20,81,88,000
6,59,06,000
Capital
6,59,06,000
86
Revenue
Roads and Bridges
1,14,19,50,000
1,14,19,50,000
Capital 26,71,67,000
26,71,67,000
87
Revenue
1,99,50,000
1,99,50,000 Gujarat Capital Construction Scheme
Capital
1,91,67,000
1,91,67,000
INDEX 3-8
GUJARAT GOVERNMENT GAZETTE , EX . , 25-3-1998
[PART V
No. of
Sums not exceeding
Vote/ Services and purposes
Voted
Total Appro- priation
Charged on the Consolidated Fund
88
Revenue 3,22,71,000
3,22,71,000
Capital
2,27,50,000
2,27,50,000 Other expenditüre pertaining to Roads and Buildings Department
89
Revenue
63,50,000
63,50,000 Social Welfare and Tribal Development Department
90
Social Security and Welfart Revenue 42,84,00,000
15,67,000
42,99,67,000
Capital
75,98,000
$ 75,98,000 91 Welfare of Scheduled Tribes Revenue 12,88,85,000
12,88,85,000
Capital
18,80,000
18,80,000 92
Capital
40,35,000
40,35,000 Other expenditure pertaining to Social Welfare and Tribal Development Department
93
Revenue 62,39,20,000.
62,39,20,000 Special Component Plan for Schedule Castes
Capital
3,32,97,000
3,32,97,000 94. Tribal Area Sub Plan
Revenue 1,61,22,20,000
1,61,22,20,000
Capital 53,74,84,000
53,74,84,000 95
Reventue
44,83,000
44,83,000 Urban Development and Urban Housing Department
96
Urban Housing
Revenue
35,33,000 9,26,33,000 ,
9,61,66,000 97 Urban Development
Revenue 27,26,60,000 .
27,26,60,000,
Capital
75,00,000
75,00,000 98
Revenue
14,17,67,000 10,00,34,000 24,18,01,000 Compensations , Assignments and Tax Collection Charges
99
Revenue
50,14,000
50,14,000
Capital
4,85,000
4,85,000 Other expenditure pertaining to Urban Development and Urban Housing Department
100
Revenue
21,45,000
21,45,000 Sports , Youth and Cultural Activities Department
101
Revenue
7,70,08,000
7,70,08,000 Youth Services and Cultural Activities
102
Capital
7,27,000
7,27,000 Other expenditure pertaining to Sports, Youth and Cultural Activities Department
Total :
Revenue 33,65,38,99,000 7,40,36,80,000 41,05,75,79,000
به
Capital 8,99,56,95,000 2,78,73,55,000 11,78,30,50,000
Grand Total :
42,64,95,94,000
10,19,10,35,000 52,8406,29,000
INDEX 3-9
EX . , . 25-3-1998- GUJARAT GOVERNMENT GAZETTE ,
PART V ]
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursunance of clause (2 ) of the article 206 of the Constitution of India , to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the expenditure charged on the Consolidated Fund of the State of Gujarat , and the Grants made in advance by the Legislative Assembly in respect of the estimated expenditure for a part of the financial year ending on the 31st March, 1999 .
Rs .
The amounts are shown below :
41,05,75,79,000 (a) Revenue Expenditure
11,78,30,50,000 (b) Capital Expenditure
Total
52,84,06,29,000
VAJUBHAI VALA .
Date the 25th March , 1998 ..
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the . Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 25th March , 1998 .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2.
Extra No. 4
C
AM 93 94
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , MARCH 26 , 1998 / CAITRA 5 , 1920 Vol . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported)..
The following Bill is published with the consent , of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT ( SUPPLEMENTARY) APPROPRIATION
BILL, 1998 .
GUJARAT BILL NO . 4 OF 1998 .
A BILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty -first day of March, 1998 .
It is hereby enacted in the Forty - ninth Year of the Republic of India as follows :-
Shorttitle .
1. This Act may be called the Gujarat (Supplementary ) Appropriation Act , 1998.
Issue of Rs.22,88,14,55,000 from and out of the Consolidated Fund of the State of Gujarat for the year financial 2. From and out of the Consolidated Fund of the State of Gujarat , there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of two thousand two hundred eighty- eight crores , fourteen lakhs , fifty - five thousand rupees towards defraying the several charges which will come in course of 1997-98 . payment during the financial year ending on the thirty first day of March , 1998 , 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.
V -Ex . 4-1
4-1
INDEX 4-2
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
[PART V
THE SCHEDULE
( See sections 2 and 3 )
Sums not exceeding
Services and purposes
Voted
Total No. of Vote/ Appro- priation
Charged on the Consolidated Fund
1.
2 .
3
1
Revenue
1,84,000
1,84,000 Agriculture and Co- operation Department
2
Revenue
Agriculture
2,000
57,79,000
57,81,000
Capital 10,65,00,000
10,65,00,000
Capital
3,08,000.
3,08,000 3 Minor Irrigation , Soil Conservation and Area Development
6,85,08,000
6,85,08,000 4 Animal Husbandry and Dairy Development
10,39,50,000
Revenue Capital
10,39,50,000
5 Co-operation
Revenue -1,75,12,000
1,75,12,000
Capital 10,26,86,000
10,26,86,000
Capital
1,59,44,000
1,59,44,000 6 Other expenditure pertaining to Agriculture and Co-operation Department
Revenue
7 Education Department
27,80,000
27,80,000
8 Education
Revenue 46,47,07,000 1,32,73,000 47,79,80,000
Revenue
83,59,000
83,59,000 9 Other expenditure pertaining to EducationDepartment Capital
2,00,57,000
2,00,57,000
Revenue
6,20,000 =
6,20,000 10 Energy and Petro- Chemicals Department
12 Energy. Projects .
Revenue 763,05,12,000
16,000 763,05,28,000
INDEX 4-3 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
Sums not exceeding
Services and purposes
Voted
Total No. of Vote/ Appro- priation
Charged on the Consolidated Fund
2
1.
3
13
Revenue
Other expenditure pertaining to Energy & Petro- Chemicals Department
14
Revenue
Finance Department
56,95,000
56,95,000
60,000
Capital
60,000
15
Revenue 4,72,67,000
4,72,67,000 Tax Collection Charges ( Finance Department )
Revenue 1,99,63,000
1,99,63,000 16 Treasury & Accounts Administration
Revenue 137,07,00,000
137,07,00,090 17 Pension and other Retirement Benefits
18
Other expenditure pertaining to Finance, Department
263,20,47,000
Capital
1,33,70,000 264,54,17,000
19
Revenue
53,04,04,000 53,04,04,000
Capital
8,03,12,000
8,03,12,000 Repayment of debt pertaining to Finance Department and its servicing
20
Revenue '
37,50,000
37,50,000 Food, Civil Supplies and Consumers Affairs Department
21 Civil Supplies
Revenue.
2,000
2,000
Capital
3,50,00,000.
3,50,00,000
22 Food
Revenue
67,25,000
67,25,000
23
5,67,000
Capital
5,67,000 Other expenditure pertaining to Food, Civil Supplies and ConsumerAffairs Department
24.
Revenue
15,80,000
15,80,000 Forest and Environment Department
25 Forests
Revenue 5,80,29,000
16,59,000
5,96,88,000
Capital
INDEX 44
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1998
Sums not exceeding
Services and purposes
Voted
Total No. of Vote/ Appro- priation
Charged on the
Consolidated:
Fund
2
3
28 Governor
Revenue
89,43,000
89,43,000
29
Revenue
Council of Ministers
30 Elections
Revenue 46,30,00,000
46,30,00,000
31
Revenue
Public Service Commission
18,74,000
18 74,000
Revenue 1,87,66,000
1,000
1,87,67,000 32 General Administration Department
Feonomic Advice & Statistics Revenue 86,00,000
86,00,000
34
Revenue
72,000
8,92,75,000
8,93,47,000
Capital
5,89,000
5,89,000 .
Other expenditure pertaining to General Administration. Department
35
Revenue
State Legislature
2,75,000
50,000
3,25,000
36
Capital
1,08,000
1,08,000 Loans & Advancesto Government Servants in Gujarat Legislature Secretariat
37
Revenue .
13,85,000
13,85,000 Health and Family Welfare Department
38
Revenue
Medical and Public Health
28,66,95,000
1,03,000 28,67,98,000
39
Family Welfare
Revenue
2,07,000
6,31,00,000
6,33,07,000
40
Revenue
56,71,95,000
56,71,95,000 Water Supply and Sanitation
Capital
1,000
1,000
INDEX PART V.]
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
No. of
Services and purposes Vote/ Appro- priation
1
2
41
Revenue Capital Other expenditure pertaining to Health and Family Welfare Department
42
Home Department
Revenue
43 Police
Revenue
44 Jails
Revenue
45. Transport
Revenue
46
Revenue Other expenditure pertaining to Home Department
Capital
47 Industries & Mines Department Revenue
48
Revenue Stationery and Printing
49 Industries
Revenue
Capital
50 Mines and Minerals .
Revenue
51
Revenue
Capital Other expenditure pertaining to Industries and Mines Department
52
Revenue Information , Broadcasting and Tourism Department
54 Tourism
Revenue
55
Revenue
Capital Other expenditure pertaining to Information, Broadcasting and Tourism Department
56
Revenue Labour and Employment Department
INDEX
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
21,000
21,000
1,54,08,000
1,54,08,000
+ 92,12,000
11,000
92,23,000
89,02,54,000
5,80,000 89,08,34,000
-3,09,88,000
3,09,88,000
3,81,36,000
3,81,36,000
9,28,62,000
9,28,62,000
61,00,000
61,00,000
22,80,000
22,80,000
1,16,62,000
1,16,62,000
5,52,33,000
4,62,000
5,56,95,000
2,50,00,000
2,50,00,000
50,30,000
50,30,000
2,57,000
2,57,000
-80,70,000
80,70,000
5,78,000
5,78,000
49,51,000
49,51,000
42,05,000
42,05,000
3,50,000
3,50,000
35,29,000
35,29,000 4-6
GUJARAT GOVERNMENT GAZETTE , EX. , 26-3-1998
[PART V
Sums not exceeding
Services and purposes
Voted
Charged
Total No. of Vote/ Appro- priation
2
1
on the Consolidated Fund 3
Revenue
57 Labour and Employment
3,04,18,000
3,04,18,000
58
41,44,000
Capital
41,44,000 Other expenditure pertaining to Labour and Employment Department
Revenue
59 Legal Department
7,55,000
7,55,000
Capital
15,00,000
15,00,000
60
Revenue
Administration of Justice
2,000
2,77,54,000
2,77,56,000
61
49,45,000
Other expenditure pertaining to Legal Department
Capital
49,45,000
62
18,63,000
Revenue
18,63,000 Legislative and Parliamentary Affairs Department
Capital
1,07,000
1,07,000 63 Other expenditure pertaining to Legislative and Parliamentary Affairs Department
Revenue
64
72,25,000
72,25,000 Narmada , Water Resources: and Water Supply Department
65
Capital
Narmada Development Scheme
Revenue
66
16,25,82,000
7,19,000 16,33,01,000 Irrigation and Soil Conservation
15,60,00,000
Capital
6,38,06,000 21,98,06,000
67
Revenue
1,15,000 10,08,67,000 10,09,82,000
74,43,000
Capital
74,43,000 Other expenditure pertaining to Narmada , Water Resources and Water Supply Department
68
Revenue
61,89,000
61,89,000- Panchayats, Rural Housing and Rural Development Department
INDEX 4-7
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
PART V ]
Services and purposes No. of Vote/ Appro- priation
2
Revenue 69
Community Development
Revenue 70
Rural Housing
Revenue
71 Compensation and Assignments
Revenue 72
Capital Other expenditure pertaining to Pachayats Rural Housing and Rural Development Department
73
Revenue Fisheries
Capital
74
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
78
Sums not exceeding
Total
Voted
Charged.
on the Consolidated Fund
3
1,35,000 82,14,87,000 82,13,52,000
3,38,10,000
5,80,000
3,43,90,000
5,67,83,000 5,67,83,000
5,02,63,000 5,02,63,000
3,19,15,000 3,19,15,000
1,14,56,000
2,13,000
1,12,43,000
6,25,000
6,25,000
5,74,000
5,74,000
10,20,49,000 10,20,49,000
1,14,99,000 1,14,99,000
10,68,98,000 10,68,98,000
Revenue .
Relief on Account of Natural calamities
Capital
Revenue
Capital 80 Compensation and Assignments
81
236,88,04,000
236,88,04,000
:
4,00,92,000 4,00,92,000
24,60,000
4,97,08,000
5,21,68,000
13,91,000
13,91,000
23,24,000
Revenue . 23,24,000
Capital Other expenditure pertaining to Revenue Department
82
Revenue
Roads and Buildings Department
83
Revenue Non-Residential Buildings
Capital
INDEX
35,17,000
35,17,000
34,20,000 34,20,000
10,41,35,000
10,16,000 10,51,51,000
9,000 9,000 4-8
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998 .
[PART V
Sums not exceeding
Services and purposes
Voted-
Total
Charged
No. of Vote/ Appro- priation
on the Consolidated Fund
1
2
3
84
Revenue
Residential Buildings
2,10,000
28,000
2,38,000.
85
Revenue
Roads and Bridges
21,79,25,000
58,69,000 22,37,94,000
Capital 22,23,21,000
29,02,000
22,52,23,000
86
Revenue .
84,10,000
84,10,000 Gujarat Capital Construction Scheme
Capital
12,50,000 .
2,69,000
15,19,000
87
Revenue
1,92,06,000
-2,47,06,000
Capital
95,70,000
95,70,000 Other expenditure pertaining to Roads and Buildings Department
88
Revenue
10,90,000
10,90,000 Social Welfare and Tribal Development Department
89 State Excise
Revenue
37,60,000
37,60,000
90 Social Security and Welfare
23,45,89,000
71,56,000
24,17,45,000
Revenue
Capital
91,10,000
91,10,000
91 Welfare of Scheduled Tribes Revenue
29,50,000
29,50,000
92
Capital.
8,94,000
8,94,000 Other expenditure pertaining to Social Welfare and Tribal Development Department
94. Tribal Area Sub Plan
Revenue 2,16,64,000
2,16,64,000
Capital
9,73,90,000
24,82,000
9,98,72,000
95
Revenue
10,45,000
10,45,000 Urban Development and Urban Housing Department
96
UrbanHousing
Revenue
7,00,00,000 2,47,97,000
9,47,97,000
97
Revenue
Urban Development
50,15,68,000
50,15,68,000..
Capital
4,94,89,000,
4,94,89,000
INDEX 4-9
GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
PART V ]
Services and purposes
No. of Vote/ Appro-. priation
2
1
98 Compensations , Assignments Revenue and Tax Collection Charges
99
Capital Other expenditure pertaining to Urban Development and Urban Housing Department
Revenue 100. Sports ,, Youth and Cultural Activities Department
Revenue, 101 Youth Services - and Cultural Activities
102
Capital Other expenditure pertaining to Sports , Youth and Cultural Activities Department
Revenue Sums not exceeding
Total .
Voted
Charged on the Consolidated Fund 3
7,50,00,000 7,50,00,000
1,56,000 1,56,000
23,38,000 23,38,000
3,71,23,000
3,71,23,000
1746,66,62,000
Total:
75,99,90,000 1822,66,52,000
449,02,71,000
Capital
Grand Total :
16,45,32,000 465,48,03,000
2195,69,33,000
INDEX
92,45,22,000 2288,14,55,000 4-10
[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 26-3-1998
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursunance of article 204 of the Constitution of India read with article 205 thereof , to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expenditure on certain services and purposes in relation to the financial year ending on the thirty - first day of March , 1998 .
Rs .
The amounts are shown below :-
۱
1822,66,52,000
(a) Revenue Expenditure
(b) Capital Expenditure
465,48,03,000
Total
2288,14,55,000
Date the 26th March , 1998 .
VAJUBHAI VALA
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar , dated the 26th March , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX RECSIKARD NO. C /CNR/2.
Extra No. 5
C
सत्यमेव जमसे
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
FRIDAY , JUNE 12, 1998 /JYAISTHA 22, 1920 VOL . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bilis latroduced to the Gujarat Legislative Assembly.
(Tobe translated into Gujarati and the translation to be published in the Gujarat Government Gazette, The date of publication to be reported).
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :---.
THE GUJARAT PANCHAYATS ( AMENDMENT) BILL, 1998 .
GUJARAT BILL NO . 5 OF 1998 .
ABILL
further to amend the Gujarat Panchayats Act, 1993 .
It is hereby enacted in the Forty - ninth Year of the Republic of India as follows :-
1. (1) This Act may be called the Gujarat Panchayats (Amendment) Act, 1998 .
Short title and commence- ment.
(2) It shall be deemed to have come into force on the 20th December , 1997.
Guj 18 of1993 .
2. In the Gujarat Panchayats Act principal Act " ) , after section 278 , the following sections shall be inserted , namely:- Act, 1993, (hereinafter referred to as " the Insertion of sections 278A and 278AA in Guj . 18 of 1993 .
5-1
V-Ex . 5-1
INDEX [PART V 5-2
GUJARAT GOVERNMENT GAZETTE , EX . , 12-6-1998
"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.
Application ofActto Scheduled Areas of State.
Amendment . certain Acts in their applicationto Scheduled Arcas State. of
278AA. The enactments specified in Schedule V. shall , in their application to the Scheduled Areas of the State as referredto in clause (1) of article 244. of the Constitution of India , be amended to the ⚫ extent specified in column 3 of the said Schedule . " .
3. In the principal Act, after Schedule III , the following Schedules shall be added , namely:-
Insertion of new Schedules IV and V in Guj . 18 of 1993 .
"SCHEDULE IV
(See section 278A)
(Modifications subject to which this Act applies to the Scheduled Areas of the State .)
1. In section 2, after clause ( 19) , the following clause shall be inserted, namely: :
"(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 following 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) The gram sabha 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.
(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 . " .
INDEX 5-3 PART VI
GUJARAT GOVERNMENT GAZETTE, EX. , 12-6-1998
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 arpa 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. În 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:---
members Tribes. Nomination of Scheduled of " 11A. If for any reason an election does not result in the return of any member of Scheuled Tribes in a taluka panchayat or district panchayat, then the State Government may nominate from amongst 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 village panchayats in the State shall be reserved by the State Government for the Scheduled Tribes .
INDEX 5-4 GUJARAT GOVERNMENT GAZETTE, ÉX. , 12-6-1998
[ PART V
Explanation . For the purposes of this clause , " village panchayat " means the village 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 .
9. In section 63, in sub- section (2) ,
(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 deeted.
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 .
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 (except found in the areas of National Parks or Sanctuaries) in such area of a forest as is situate in the jurisdiction of that village .
INDEX 5-5 GUJARAT GOVERNMENT GAZETTE , EX . , 12-6-1998
PART VI
(b) The sale proceeds of the minor forest produce shall be paid into and form part of the village fund.
(c) 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 assignedto it in clause (9 ) of section 2 of the Gujarat Minor Forest Produce Trade Nationalisation Act, 1979 .
Guj . 7 of1979.
12. In section 112 , after sub - section ( 1 ) , the following sub- section shall be inserted , namely:-
"(IA) The village panchayat shall obtain from the gram sabha a certificate of utilization of funds by that 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 shall be added , namely :-
" 132A. The taluka panchayat shall be consulted ,-
(a) before acquiring under the Land Acquisition Act , 1894 1 of 1894 . any land situate in the taluka for any development project ;
(b) before resettling or rehabilitating persons affected by such project. " .
Taluka Panchayat to beconsulted before acquisition of land and rehabilitation of persons affected.
14. In Schedule 1 ,-
(1 ) in entry 1 , after sub - entry (i), the following sub- entry shall be inserted , namely :-
"(ia) enforcing prohibition and regulating or restricting the sale. and consumption of intoxicants ; " ;
(2) in entry 7, after sub - entry (k) , the following sub - entry shall be inserted , namely :-
"(k - i) planning and management of water bodies; " ;
(3) 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 sub - entry shall be added , namely :-
"( e) control over local plans and resources for such plans including tribal sub -plans . " .
7
INDEX [PART V 5-6 GUJARAT GOVERNMENT GAZETTE , EX . , 12-6-1998
SCHEDULE V
Acts amended.
(See section 278AA)
Short Title
2
Extent of amendment 3
Serial No. 1
In section 73 AA ,-
1.
(1) in sub - sections (1) and (2) , for the words " the Collector " , the words " the District Panchayat " shall be substituted ;
The Bombay Land Revenue Code,1879. (Bom. V of 1879.)
(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 adistrict panchayat of a district 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 ; " .
2.
After section 17, the following shall be inserted , namely:
The Bombay Money-Lenders Act, 1946 .
(Bom. XXXI of 1946.)
Previous sanction of village panchayat before lending moneyto member of Scheduled Tribe .
"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.".
Guj. Ord. 3of1998 .
Repeal and savings.
4. (1 ) The Gujarat Panchayats (Amendment) Ordinance , 1998 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 Act.
INDEX 5-7 PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 12-6-1998
STATEMENT OF OBJECTS AND REASONS
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 relating to 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 Areas . Section 5 of the Central Act provides for continuation of the provisions of the State Act relatingto 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 was , therefore , considered necessary to bring the Gujarat Panchayats Act , 1993 in conformity with the provisions of the said Part IX as extended to the Scheduled Areas.
Section 4 of the Central Act also requires the State Legislature to endow panchayats at the appropriate level and gram sabha with powers in respect of certain matters falling under other laws . It was , 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 was not in session at that time, the Gujarat Panchayats (Amendment) Ordinance , 1997 was promulgated on the 20th December, 1997. to amend the Gujarat Panchayats Act, 1993 accordingly and other aforesaid Acts to achieve the aforesaid object . The said Ordinance could not be replaced by an Act of the State Legislature and therefore the Gujarat Panchayats (Gujarat Amendment) Ordinance , 1998 was promulgated on the 27th April , 1998 to continue the operation of the first Ordinance .
The following notes on clauses explain the important provisions of the Bill , namely:-
Clause 2. This clause seeks to insert new sections 278A and 278AA . Section 278A seeks to apply the Act to the Scheduled Areas of the State subject to the modifications specified in Schedule IV and section 278AA seeks to amend the enactments specified in Schedule V to the extent spcecified.in column 3 of the said Schedule .
Clause 3. This clause seeks to insert new Schedules IV and V. Schedule IV contains modifications to the provisions of the Act subject to which the Act applies to the Scheduled Areas of the State . The modifications are explained hereunder.-
1. Paragraph 1 in the said Schedule IV seeks to insert a new clause (19A) in section 2 so as to define the expression " Scheduled Areas " .
: 2. Inpursuance of clauses (c) , (d) and (e) of section 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas ) Act , 1996 (hereinafter
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[PART V
to as "the Central Act " ) , paragraph 2 seeks to substitute section 4 so as to provide for the constitution of the gram sabha consisting of persons, whose names are included in the list of voters of electoral divisions of the village and.. its additional functions .
3. In view of clause (b ) of section 4 of the Central Act, paragraph 3 seeks to add a proviso to sub - section ( 1 ) of section 7 so as to ensure that the local area which is recommended for being specified as a village consisting of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community' and managing its affairs inin accordanceace with the traditions "and customs.
4. In pursuance of the first proviso to clause (g ) of section 4 of the Central Act , paragraphs 4 , 5 and 6 seek to amend sections 9, 10 and 11 so as to provide that the number of seats reserved for the Scheduled Tribes shall be increased to such number as is not less than one half of the total number of seats in the villagé panchayat, taluka panchayat and the district panchayat respectively, the whole local area of which comprises of the Scheduled Areas .
5. In pursuance of clause (h) of section 4 of the Central Act , paragraph 7 seeks to insert a new section 11A empowering the State Government to nominate from amongst the members belonging to the 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 a taluka panchayat or a district panchayat, if for any reason , any member of the Scheduled Tribes is not elected.
6. In view of the second proviso to clause (g ) of section 4 of the Central Act, paragraphs 8 , 9 and 10 seek to amend sections 51 , 63 and 77 so as to require the State Government to reserve for the Scheduled Tribes all offices of the Chairpersons of village panchayats , taluka panchayats and district panchayats respectively , the whole local area of which comprises of the Scheduled Areas .
7. In view of sub- clause ( ii ) of clause (m) of the said section 4 of the Central Act , paragraph 11 seeks to insert a new sub- section (5) in section 108. so as to vest the ownership of the minor forest produce in the village panchayat..
8. In pursuance of clause (f) of the said section 4 of the Central Act , paragraph 12 seeks to insert a new sub- section ( 1A) in section 112 so as to require the village panchayat to obtain from the gram sabha , a certificate of utilization of funds by that panchayat for the plans , programmes and projects .
9. In view of the provisions of clause ( i ) of the said section 4 of the Central Act, paragraph 13 seeks to insert a new section 132A requiring a taluka panchayat to be consulted before acquiring under the Land Acquisition Act, 1894 any land situate in the taluka for any development projects and before resettling or rehabilitating persons affected by such projects ..
10. In view of clause (j ) and sub- clauses ( i) and (vi) of clause (m) of the said section 4 of the Central Act, paragraph 14 seeks to amend Schedule I so as to impose duty on the village panchayat to make provision ,
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59
(i) enforcing prohibition and regulating or restricting the sale and consumption of intoxicants ,
(ii) planning and management of water bodies , and
(iii ) conferring power to exercise control over institutions and functionaries in all social sectors .
11. In view of clause (vii ) of clause (m) of the said section 4 of the Central Act, paragraph 15 seeks to amend Schedule II , Part- I so as to impose duty on the taluka panchayat to make provision for controlling over local plans and resources for such plans including tribal sub - plans .
12. In pursuance of sub - clause ( iii ) of clause (m ) of the said section 4 of the Central Act, Schedule V proposed to amend section 73AA of the Bombay Land Revenue Code , 1879 restricting the transfer of an occupancy of a person belonging to the Scheduled Tribes to any person without previous sanction of the District Panchayat . Such provision relates to that District which is comprised of any Scheduled Areas of the State and in which the occupancy of the tribal exists .
In pursuance of sub- clause ( v) of clause (m) of the said section 4 of the Central Act , it is proposed to insert section 17A in the Bombay Money Lenders Act, 1946 restricting the money lender to lend any money to the member of the Scheduled Tribe residing in a Scheduled Areas of the State without previous sanction of the village panchayat .
It is proposed to replace the said Ordinance by an Act of the State Legislature .
ThisBill seeks to achieve the aforesaid objects .
DILIPBHAΙ ΜΑΝΙΒΗAI PATEL Dated the 12th June , 1998 .
By order and in the name of the Governor of Gujarat,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 12th June , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/OHR/A Matra No. 6
The Gujarat Government Gazette
EXTRAORDINARY
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Vol . XXXIX ]
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PART V
Bin Introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported ) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 1274. of the Gujarat Legislative Assembly Rules :-.
THE GUJARAT STATE GUARANTEES ( AMENDMENT) BILL, 1998 .
GUJARAT BILL NO. 6 OF 1998 .
A BILL
further to amend the Gujarat State Guarantees Act , 1963 .
It is hereby enacted in the Forty -ninth Year of the Republic of India as follows:---
1. This Act may be called the Gujarat State Guarantees (Amendment) Act, 1998.
Short title .
2. In the Gujarat State Guarantees Act , 1963, in section 2, in sub-section (1), for the letters and figures " Rs . 80,00,00,00,000 " , the letters and figures " Re . 110,00,00,00,000 " shall be substituted .
Guj . XXII of 1963 .
Amend- ment of section 2 ofGaj . of 1963 .
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STATEMENT OF OBJECTS AND REASONS
Sub-section (7 ) of section 2 of the Gujarat State Guarantees Act , 1963 fixes Rs , 80,00,00,00,000 to be the limit upto which the State may givé guarantees . With a view to meeting with increasing demands made in this behalf on the State in the wake. of expansion of agricultural, power and industrial activities in the State, it is consi- dered necessary to raise the limit upto Rs . 110,00,00,00,000 . This Bill provides accor- dingly.
VAJUBHAI VALA, Dated the 12th June , 1998.
By order and in the name of the Governor of Gujarat,
KUM . H. K. JHAVERI ,
Socretaryto the Government of Gujarat . Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 12th June, 1998 .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX OTERED NO. GAGNR/2
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EXTRAORDINARY
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THURSDAY, JULY 2, 1998/ASADHA 11, 1920
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PARY V
troduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July, 1998 by Shri NARESH RAVAL, M.L.A. is Published under Rule 127-A of the Gujarat Liegslative Assembly Rules for general information .
Gujarat Bill No. 7 of 1998 .
THE NORTH GUJARAT UNDERGROUND WATER RECHARGE AUTHORITY
BILL, 1998
A BILL
to provide for establishment of an authority to make special provision and to undertake special programmes for increasing underground waterlevel of the North Gujarat areas . of the State and for matters and purposes connected therewith .
It is hereby enacted in the Forty-ninth year of the Republic of India as follows :-
1. (1) This Act may be called the North Gujarat Underground Water Recharge Authority Act , 1998 .
Short title, extent and commen- cement .
(2) I extends to the areas of the North Gujarat comprising the districts of Meh- sana, Sabarkantha, and Banaskantha and such other adjacent areas as may be specified by the State Government .
(3) It shall come into force at once.
2. In this act, unless the context otherwise requires :-
Definitions .
(a) "Authority" means the North Gujarat. Underground Water Recharge Autho- ity established by the State Government under section 3 of this Act ;
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(6) "North Gujarst " means the areas comprising of the districts of Mehsana , sabarkanthe and Bamskantha and such other adjacent areas as may be specified by the State Government.
( c) " preserii.d " means prescribed by rules made under this Act .
(d) "State Government " means the Government of the State of Gujarat .
(e) " underground water" means water below the ground level which is drawn for the domestic , agriculture or for any other purposes.
3. (1) The State Government, with effect from such date as may be notified in the Official Gazette , shall establish an Authority for increasing the underground water level of North Gujarat .
(2) The Authority stablished under sub - section (1) shall be a body corporate having perpetual succession and a common scal and may sue and be sued in its name and shall be competent to acquire and hold property both movable and immovable and to contract and do all things necessary for the purposes of this Act .
Establi- shment of the North Gujarat Under Ground Water Recharge Authority. (3) For the purposes of this Act , the Authority established under sub -section (1) shall be deemed to be a Local Authority.
4. (1) The Authority shall consist of the Chairman and five other memebers as may be appointed by the State Government :
Provided that the Chairman and members shall be persons having adequate technical knowledge and experience in the matter :
Constitu- tion and term of office of the Authority
Provided further that out of the five members to be appointed by the State Govern- ment.-
(i) One member shall be the President or a Member of the District Panchayat from amongst the District Panchayats of the North Gujarat area , having technical knowledge and aptitute;
(ii ) One member shall be M.L.A. from the North Gujarat area ;
(iii) One member shall be from the College of Engineering attached to the North Gujarat University.
(2) The term of office of them Chairman and the members of the Authority shall be three years from the date of their appointment :
Provided that the President or a member of the District Panchayats and the member of Legislative Assembly shall cease to be Members of the Authority as soon as they cease to be Members of the respective Bodies .
(3) The salaries , other allowances , conditions of service and other matters concerning the chairman and the members of the Authority shall be such as may be prescribed by the State Government by a notification published in the Official Gazette.
Functions of the Authority.
5. (1) For the purposes of this Act , the Authority shall programme and implement the schemes for the recharge of underground water of the North Gujarat . The sche- mes shall be prepared by the Auhtority using the latest available technology and shall have proven result in the field of recharge of underground water .
(2) For the purposes of undertaking the schemes and subject to the rules and re- gulations made under this Act , the Auhtority shall have a rightto enter or use any land of the North Gujarat specified under this Act .
(3) The detailed rules for undertaking the work of the scheme shall be framed by theAuhtority and shall come into force after it is approved by the State Government.
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6. (1) The State Government shall provide necessary fund to the Authority for carrying out its activities.
Funds and accounts of the Authority.
(2) The Authority shall have power to borrow money or raise funds through a sui- table financial instrument from public or any institution recognised by the State Government or Central Government and shall have also power to accept donations."
(3) The Authority shall deposit the fund or money received by it with the State of India or any other Bank approved by the State Government and the Bank account shall be operated by such persons of the Authority as may he authorised by it .
(4) The acoats of the Authority shall be maintained in such form as may be prescribed by the State Government .
Annual Report.
7. The Authority shall prepare atet the end of each year which shell consist of its programmes, the activities undertaken and the accounts of the Authority . The report shall be submitted to the State Government and shall be l..id on the Table of the State Legislature .
Power to make rules .
8. (1) The State Goverament may, by notification in the Official Gazette , and sub- ject to the condition of previous publication make rules for carrying out the purposes of this Act ..
(2) Rules made under this section shall be laid before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make in the session in which they are so laid .
(3) Any modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect .
Regula- tions .
9. The authority may, from time to time with the previous sanction of the State Government , make regulations consistent with the provisions of this rules made thereunder for carrying out its day to day business . Act and the
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STATEMENT OF OBJECTS AND REASONS
In the areas of North Gujarat, the rivers are not perennial and , therefore , it is not possible to provide canal irrigation . In absence of canal irrigation, the agriculture has to rely on the underground water and for this reason day by day the number of tube- wells are being increased . It is therefore obviously seen that the underground water level is going down day by day. It is also apprehended that in some areas of North Gujarat, the quantum of underground water is going to be exhausted in a couple of ensuing years . The poteble water is also not provided for the purpose ofdrinking and the people of this arme have to roiy on the available underground water which consist of floride and other dissolved impurities which in turn cause serious health hazards . No systematic programme has been under taken by the State Government for the re charge of the undorgward water. With a view to overcome this serious problem it is suggested to establish the North Gujarat Underground Water Recharge. Authority which will look after this problem and undertake the schemes.
Hence this Bill ,
NARESH RAVAL "Dated the 20th April, 1998.
M.L.A.
FINANCIAL MEMORANDUM
Sub -clause (3 ) of Clause 4 provides for salaries and other allowances to the Chairman and members of the Authority and clause 6 of the Bill provides for necessary fund for carrying out the activitics of the Authority. This Bill if enacted, and brought in to operation, would involve recurring expenditure of approximately Rs. 2 crores frem the Consolidated Fund of the state.
NARESH RAVAL , Dated the 20th April, 1998.
M.L A.
INDEX 7-5 GUJARAT GOVERNMENT GAZETTE , EX. , 2-7-1998
PART VI
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (2 ) of clause 1 empowers the State Government to specify areas other than the areas comprising the districts of Mehsana , Sabarkantha and Banaskantha.
Sub -clause (1) of clause 3 empowers the State Government to appoint an authority to be called "The North Gujarat Under Ground Water Recharge Authority " and to alppoint a date on which it shall be effective .
Sub -clause ( 7) of clause 4empowers the State Government to appoint the Authority, the Chairman and five other members.
Sub -clause (3) of clause 4 empowers the State Government to prescribe the salaries , other allowances, conditions of service and other matters concerning the Chairman and the members of the Authority.
Sub-clause (2 ) of clause bempowers the State Government to make rules and regula- tions subject to which the Authority shall have right to enter or use any land of the North Gujarat Area.
Sub-clause ( 3) of clause 5 empowers the State Government to approve the detailed rules framed by the Authority for undertakingthe works of the scheme ..
Sub-clause (3) of clause 6 empowers the State Government to approve any Bank , other than State Bank of India , in which the Authority shall deposit the fund money received by it .
Sub-clause (4) of the clause 6 empowers the State Government to prescribe a form , in which the accounts of the Authority shall be maintained.
Sub -clause ( 1 ) of the clause 8 empowers the . State Government to make rules for carrying out the purposes of the Act .
The delegation of legislative powers as aforesaid is essential and of normal character .
NARESH RAVAL , Dated the 20th April, 1998.
M.L.A.
K. M. PANCHAL , Gandhinagar,
Secretary, Gujarat Legislature Secretariat .
Dated the 2nd July, 1998.
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GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO. G/GNR/2.
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यमेव जयते
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PART V
Billa introduced in the Gujarat Legislative Assembly.
1998 by Shri NARESH RAVAL , M.L.A. is Published under Rule 127 - A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No.8 of 1998 .
THE GUJARAT PREVENTION OF CONTEMPT OF THE PEOPLE (BY PUBLIC SERVANT) BILL , 1998 .
ABILL
to provide for the protection of the people from insult and disrespect shown by public servant against them and for assuring dignity of the individual
It is hereby enacted in the Forty- Ninth Year of the Republic of India as follows ;
1. (1) This Act may be called the Gujarat Prevention of Contempt of the People (By Public Servant) Act, 1998 .
Short title. extentand commen- cement.
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force at once .
Defini- tions.
2. In this Act, unless the context otherwise requires
( 1 ) The words "contempt of the people " denotes amact or an omission by public servant falling under any of the description hereinafer following, namely:-
(a) wandering or remaining absent from the place of duty in order to avoid workduringdutyhours .
(b) reading newspapers , magazines or other books or bearing radiowhich is not a part ofhis duty during the duty hours at one's day place .
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hours. (c) sittingor behaving in disorderly manner at one'splace ofdutyduringduty
(d) not replying properly and politely to any person coming for official work or for inquiry.
(e) not replying properly and to the point to any written application made by anyperson.
(f) insulting or disrespecting any person by using abusive or offensive lan- guage .
(g) asking for or accepting anything from any person which not necessary for one's dutyor job assigned to a public servant .
(h)fúrnishing false information to anyperson.
(i)omitting to render or furnish assistance to any person.
(j ) disobedience of any law, rule , order or direction issued by the State Government.
(2) " public servant " meatis every person;
(a) in service or pay of the State Government or remunerated by fees or mission for the performance of any public duty by the State Government.
1of1956 45 of 1960.
(b) in the service or pay of a local authority or a corporation established under a Centralor StateActor a Government company as definedin section 617 ofthe Companies Act, 1956, excepting ' Judges ' as defined in the Indian Penal Code .
Punishment for Contempt.
3. Any Public servant who commits contempt of the people shall be punishedwith simple imprisonmentfor aterm which may extend to six months or with fine which may extendto two thousand rupees or with both:
Provided that the public servant may be discharged or the punishment awarded maybe remitted on apology being made to the satisfaction of the Judge .
Jurisdiction. 4. Any personwho feels or comes to know that any public servant has committed contempt ofthepeople may apply to the Civil Judge within whosejurisdiction the alleged contempt has beencommitted with supporting affidavits of himself and ofwitnesses , if any, andwith all or anydocumentary evidence available with him:
:
.Providedthatapplication referred to in this sectionmaybe presentedpersonally ormaybe sentbypost.
Show- cause Notice.
5. TheCivil Judge will give or send by post receipt of the application within three days to the applicant and issue a show cause notice to the public servant concerned within eight days .
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Servant to reply affidavit .
6. Apublic servant who receives a show cause notice from the Civil Judge will send his Public reply with affidavit of himself and of witnesses, if any, and with all or any documentary evidence available with him for his or her defence within ten days from the receipt of the show causenotice.
and Hearing Disposal.
7. After receiving reply from the public servant if the Civil Judge thinks it necessary to call the applicant and the public servant for personal hearing, he will fix a date for the same and intimate about it to the applicant and the public servant concerned and after hearing the both, pass a necessary order under section 3 or dismiss the application.
Revision by High Court. 8: The order of the Civil Judge shall be final , subject to any modifications alteration or correction made by the High Court in revision either on application of any party or suomoto .
for the Protection actsdone in good faith.
9. No court shall have jurisdiction to question the legality of any action taken or any decision given bythe civil Judge under this Act in connection with the contempt of the people bypublic servant and no suit or other legal proceeding shall lie against any person in respect ofanythingwhich is in good faith done or intended to be done in purananace of this Act .
10. Nothing in this act shall be deemed to prohibit or restrict any action for which the public servant is liable under any other law or rules for the time being in force.
No prohibition foraction underother law.
Powerto makerules .
11. ( i) The State Government may, by notification in the official Gazette , make rules for carryingout the purposes of this Act .
(2) All rules made under this section shall be laid for not less than thirty days before the state Legislature as soon as may be after they are made d shall boject to rescission by the State Legislature or to such modification as the Legislature may inake during the session in which they are so laid or the session immediately following .
(3)Anyrescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
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STATEMENTOFOBJECTSANDREASONS
The constitution of India recognises dignity of the individual in the preamble but during these fifty years of independence , people feel by experience that instead of peoples' rules, public servants at many a times are openly disrespecting and insulting common people in the State and behaving many a times in such a way that people at large have been losing confidence inpublic administration and hence for the protection ofthe people from insult and disrespect by public servants and for assuring dignity of the individual some easy and quasijudicial summaryremedies are necessary.
This Bill seeks to achieve the above objects .
Grandhinagar,
Dated the 20th April, 1998.
NARESHRAVAL, M.L.A.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 11 of theBill empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of legislative powers as aforesaid is essential and of normal character .
Gandhinagar.
Dated the 20thApril, 1998.
NARESHRAVAL M.L.A.
K. M. PANCHAL , GANDHINAGAR .
Secretary,
DATED THE 2nd JULY , 1998 .
Gujarat Legislature Secretariat .
GOVERNMENTCENTRAL PRESS.GANDHINAGAR.
INDEX Extra No. 9
REGISTERED NO. G/GNR/2
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--ય છે..
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THURSDAY, JULY 2 , 1998 /ASADHA 11 , 1920
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PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was , introduced on the 2nd July , 1998 by Shri NARESH RAVAL , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No.9 of 1998 ,
THE GUJARAT PROHIBITION OF ACCEPTING DONATIONS FOR ADMISSION TO EDUCATIONAL INSTITUTIONS BILL, 1998 ,
ABILL
to provide for prohibition of accepting donations or premium for giving admission to students in any educational institution in the State.
WHEREAS, it is expedient to provide for prohibition of accepting donations or premium for giving admission stüdents in educational institutuions in the State.
It is hereby enacted in the Forty- Ninth Year of the Republic of India as follows:-
Short tile , extent and commence ment.
1. ( 1 ) This Act may be called the Gujarat Prohibition of Accepting Donations For Admissionto Educational Institutions Act, 1998 .
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint .
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Prohibition of accepting donations for granting Educational Institutions.
2.( 1) No person shall without the permission of the State Government , either by himself or through any other person accept any donation or premium or interest-free loan or any amount in cash or kind by way of consideration for granting admission to students to any class, standard or any course in any educational institution recognised by any local body or the State Government or any University in the State .
(2) Contravention of the provisions contained in sub- section ( 1) shall constitute a cognizable and non- compoundable offence and the person concerned shall , on conviction, be punishable with imprisonment for not less than 3 years and with fine which shall not be less than the amount of donation or premium and in the case of a gift in kind , the value thereof.
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GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998 9-3
STATEMENT OF OBJECTS AND REASONS .
There is a growing tendency in the Educational Institutions in the State to demand donations or premium in the nature of capitation fee or interest free loan for giving admission to students in such institutions . The capitation fee that is demanded now- a - days for admission ranges from Rs . 1000 for admission to schools to Rs . 50,000 or more for admission to Engineering and Medical Colleges . As a result of this , poor students whose parents are incapable of paying such exhorbitant capitation fee are unable to get admission to the institutions even though they are otherwise eligible on merit to get admission. It is, therefore , considered necessary to prohibit acceptance of such capitation fee and to make such acceptance a cognizable and non - compoundable offence .
The Bill seeksto achieve the above object .
Dated the 20th April , 1998 .
NARESH RAVAL , M. L.A.
INDEX [PART V GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of Legislative power:-
Clause 1(3) .- This clause provides that the Act shall come into force on such date as the State Government may , by notification in the . Official Gazette, appoint .
The aforesaid delegation is of a normal character .
Dated the 20th April , 1998.
NERESH RAVAL, M. L. A.
K. M. PANCHAL , GANDHINAGAR .
Secretary , DATED THE 2nd JULY , 1998 .
Gujarat Legislature Secretariat .
GOVERNMENT CENTRAL PRESS . GANDHINAGAR
INDEX Extra No. 10
REGISTERED NO. G/GNR/2.
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સત્વ- મમ .. :
The Gujarat Government Gazette
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THURSDAY, JULY 2 , 1998/ASADHA 11 , 1920
VOL XXXIX ]
Separate paging is given to this Part in order that it maybe filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by Shri NARESH RAVAL , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information . :
Gujarat Bill No.10 of 1998 .
THE GUJARAT COMPULSORY CENSORSHIP OF PUBLICITY MATERIALS BILL, 1998 .
A BILL
toprovide for compulsory censorship ofpublicity materials in the State ofGujarat.
It is hereby enacted in the Forty Ninth Year of the Republic of India as follows :-----
Short title , commence- ment. and 1. (1 ) This Act may be called the Gujarat Compulsory Censorship of Publicity Materials Act , 1998 .
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force in such areas and on such dates as the State Government may, by notification , in the Official Gazette appoint and different dates may be appointed for different areas .
10-1
V-Ex . , - 10-1
INDEX 10-2
[ PART V GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998
Definitions..
2. In this Act , unless the context otherwise requires , --
:
(a) 'Board' means the Gujarat Board of Censorship constituted under section 4;
(b) ' Certificate of Censorship ' means a Certificate of Censorship in respect of publicity material granted under section 7;
(c) ' Chairman' means the Chairman of the Board ;
(d) 'Government' means the State Government;
( e) Member ' means a member of the Board ;
(f) ' objectionable publicity material ' means any publicity material--
(i) which is obscene ; or
(ii) which is likely to-
(A) incite any person to commit any offence involving violence; or
(B) offend against decency or morality ; or
(C) promote on grounds of religion , race , place of birth , residence , language , caste or community or any other ground whatsoever, disharmony , feelings of enmity or hatred or ill -will between different religious , racial, linguistic or regional groups or castes or communities .
Explanation 1.-A publicity material shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or where it comprises two or more distinct items the effect of any one of its items , is, if taken as a whole , such as to tend to deprive and corrupt persons who are likely , having regard to all relevant circumstances , to read or see the matter contained or embodied in it , or if it portrays , exhibits or shows a picture , drawing, painting or figure of a female human being of any age in such posture which is offensive to senses or which is likely to suggest any indecent or impure or immoral ideas in the minds of persons who are Ikely to read or see the matter contained or embodied in it .
Explantion II . A publicity material shall not be deemed to be objectionable merely if it -
(1) expresses disapprobation or criticism of any law or any policy or administrative action of the Government with a view to obtain its alternation or redress by lawful means ; or
(2) criticises any social or religious practice without malicious intention and with an honest view to promote social or religious reforms or social justice ;
(g) 'place open to public view ' includes any private place or building , moonumen , statue , post, wall, fence , tree or other thing or contrivance visible to a person being in , or passing along , any public place ;
INDEX GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 10-3 'PART V ]
(h) ' public place ' means any place ( including a road , street , or way , whether a thoroughfare or not and a landing place ) to which the public are granted access or have a right to resort, or over which they have a right to pass;
(i) ' publicity material ' means any material which is produced in India or in any country outside India for giving publicity or anything other than publicity material relating to a cinematography film and includes--
(i) hoarding, showcard , insert , press design and enlargement ;
(ii) poster;
(iii) still photo;
(iv) slide;
(v) still for publication in newspapers and periodicals ; and
(vi ) such other material as may be prescribed.
Exhibitnicity material.
erson shall affix to or exhibit on, any place open to public 3. (1) No person view any publicity material without a Certificate of Censorship .
(2) Every publicity material exhibited shall bear in such manner as may be prescribed, the number and date of Certifcate of Censorship granted in respect of such publicity material .
Censorship. Board of 4. (1) For the purpose of granting Certificate of Censorship in respect of publicity , material , the Government may , by notification in the Official Gazette constitute a Board to be called the Gujarat Board of Censorship which shall consist of a Chairman and not more than five other members appointed by the Government . 2
(2) The Censor Officer appointed under sub - section ( 1 ) of section 5 shall be the Member- Secretaryto the Board.
(3) The Chairman and the members shall hold office for such term as may be prescribed.
(4) The Chairman shall receive such remuneration as may be determined by the Government and the members , other than the Censor Officer , shall receive such allowances or fees for attending meetings of the Board as may be prescribed .
(5) The meetings of the Board shall be held at such place and time and in such manner as may be prescribed .
(6) No person shall be eligible for appointment as Chairman or Member of the Board unless he has completed the age of thirty- five years .
5. (1 ) ForFor carrying out the purposes of this Act , theGovernment shall OfficerSensorand appoint a Censor Officer and may also appoint such number of Assistant other staff. Censor Officers , Inspectors and other Officers and staff as the Government may think fit to assist the Censor Officer .
INDEX EX. , 2-7-1998 [ PART V GUJARAT GOVERNMENT GAZETTE
10-4
(2) The Censor Officer , the Assistant Censor Officers and Inspectors may inspect any place and may call for any document relating to any publicity material from any person responsible for the exhibition of such publicity material .
(3) The Censor Officer , Assistant Censor Officers and Inspectors shall exercise such powers and perform such other functions as may be prescribed.
Certifi- of Application Catesorship .
6. (1) If any person wants to exhibit in any place open to public view any publicity material , he shall make an application to the Board in such form 'as may be prescribed , for a Certificate of Censorship and shall submit such material alongwith the application in such manner as may be prescribed.
(2) Every application under sub- section ( 1 ) shall be accompanied by = süch fee as may be préscribed. "
Grant of Certificate of Censorship
7. ( 1) The Censor Officer shall examine the publicity material submitted -under section 6 and place the publicity material together with the recommendations if any , before the Board for its consideration .
(2) The Board shall , within a period of two weeks , after examining the publicity material and the recommendations of the Censor Officer in the prescribed manner ,
(i) grant a certificate of publicity materials censorship in such form and in such manner as may be prescribed; от
(ii) direct the applicant to carry out such aiterations or modifications in the publicity materials as it thinks necessary before sanctioning the publicity materials for public exhibition ; or
: (iii) refuse to grant a certificate , of publicity materials censorship , for public exhibition.
(3) No action under clause (ii) and clause (iii ) of sub - section ( 2) shall be taken by the Board except after giving an opportunity to the applicant, for representing his views in the matter .
(4) Every Certificate of Censorship shall be signed by the Censor Officer or, in his absence , by such Assistant Censor Officer as may be empowered in this behalf by the Board and the publicity material shall then be returned to the person who submitted it.
Appeal
8. (1) Any person aggrieved by any decision of the Board may , within. thirty days from the date of receipt of such decision , make an appeal to such authority as the Government may prescribe and such authority may , after such inquiry as it considers necessary and after giving the appellant as opportunity for representing his views in the matter , make such order in relation thereto as it thinks fit .
(2) The Order of the authority referred to in sub-section ( 1) shall be final.
Penalty.
9. (1) Whoever affixes to , or exhibits , on any place open to public view any objectionable publicity material shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may exten to three thousand rupees , or with both .
INDEX 10-5 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 PART V]
(2) Whoever allixes to or exhibits on , any place open to public view any publicity material in respect of which a Certificate of Censorship has not been granted by the Board under section 7, or which does not bear in the manner prescribed the number and date of the Certificate of Censorship , shall be punished with imprisonment of either description which may extend to three years or with fine which mayextend to three thousand rupees or with both and in the case of a continuing offence with a further fine which may extend to one hundred rupees for each day during which the offence continues .
(3) If any person is convicted of an offence punishable under sub - section (1) or sub - section (2), the convicting court may further direct that the publicity material in respect of which the offence has been committed be forefeited to the Government .
Punishment 10. Whoever in any manner whatsoever , causes , procures , counsels , aids , abets or is necessary to the commission of any offence under sub- section ( 1 ) or sub - serction (2 ) of section 9 shall be punished with the punishment provided for the offence .
Validation .
11. No Act or proceeding of the board shallbe deemed to be invalid by reason only of vacancy in , or any defect in the constitution of the Board..
to
compound Power offence 12. ( 1 ) Subject to such conditions as may be prescribed , the prescribed authority by a general or special order in this behalf may , either before or after the institution of proceedings under this Act , accept from the person who has committed or is reasonably suspected of having committed an effence under this Act , by way of composition of such offence , a sum of money not exceeding two thousand rupees .
(2) On payment of such sum of money , such person shall be discharged and no further proceedings shall be taken against him in respect of such offence .
scize .
13. It shall be lawful for any police officer not below the rank of an officer Power of in- charge of a police station to seize
(a) any objectionable publicity materials ; or
(b) any publicity material-
(i) in respect of which no Certificate of Censorship has been obtained under this Act, or
(ii) which does not bear the number and date of the certificate of censorship , and such police officer shall forthwith report the seizure to the Magistrate having jurisdiction and where the publicity material seized is such that it cannot be conveniently trasported to the court , he may give custody there of to any person on his executing a bond undertaking to produce the publicity material before the court as and when required and to give effect to the further orders of the court as to the disposal of the same .
XLV 1860.
Members Chairman and be public ser- 14. The Chairman and the members of the board, shall when acting or purporting to act in pursuance of the provisions of this Act or the rules made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code .
ソーEx - 10-2
INDEX [PART V 106 GUJARAT GOVERNMENT GAZETTE, EX. , 2-7-1998
Bar to legal procceding.
15. No suit of other legal proceeding shall lie against the Chairman, members and the officers and staff appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rules made thereunder .
companies. Offence by 16. ( 1 ) Where an offence under this Act has been committed by a company , every person who, at the time the offence was committed , was in charge of, and was responsible to , the company for the conduct of the business of the company as well as the company , shall be deemed to be guilty of the offence and shall be liable to be proceęded against and punished accordingly:
Provided that nothing contained in this sub- section shall render any such person liable to any punishment , if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence .
(2) Notwithstanding anything contained in sub- section ( 1) , where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to , any neglect on the part of any director , manager , secretary or other officer of the company , such director , manager , secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly .
Explanation. For the purposes of this section :-
(a) " company " means any body corporate and includes a firm or other association of individuals ; and
(b). "director " in ralation to a firm , means a partner in the firm .
Powerto make rules .
17. ( 1 ) The Government may make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for-
(a) all matters expressly required or allowed by this , Act , to be prescribed;
(b) the term of office of the Chairman and the members .
(c) the remuneration payable to the Chairman ;
(d) the allowances or fees payable to the members;
(e) the place and time at which and the manner in which the meetings of the Board shall be held ;
(f) the powers and functions of the Censor Officer, Assistant Censor Officers and Inspectors ;
(g) the form of application for a Certificate of Censorship ;
(h) the manner of submitting publicity materials ;
INDEX GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 10-7 PART V ]
(i) the fee to be paid for Certificate of Censorships ;
(j) the form and the manner in which the Certificate of Censorship shall be granted;
(k) the authority to whom appeal shall be preferred under sub - section (1) of section 8 ; and
(1) the authority to compound the offence under section 12.
(3) In making any rule under this Act , the Government may provide thať a breach thereof shall be punishable with a fine which may, extend to five hundred rupees .
(4) (a) All rules made under this Act , shall be published in the Government- Gazette, and unless they are expressed to come into force on a particular day , shall come into force on the day on which they are so published.
(b)All notifications issued under this Act, shall , unless they are expressed to come into force on a particular day , come into force on the day on which they are published.
(5) Every rule made or notification issued under this Act, shall as soon as possible after it is made or issued , be placed on the table of the Legislative Assembly and if, before , the expiry of the session in which it is so placed or the next session , the Assembly makes any modification in any such rule or notification or the Assembly decides that the rule or notification should not be made or issued , the rule or notification shall there after have effect only in such modified form or be of no effect , as the case may be , so , however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification .
18. The provisions of this Act shall be in addition' to , and not in Saving . derogation of, any other law for the time being in force , and nothing contained herein shall exempt any person from any proceeding by way of investigation or otherwise which might, apart , from this Act, be instituted against him .
INDEX [ PART V 10-8 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
STATEMENT OF OBJECTS AND REASONS
It has come to the notice that quite a number of publicity materials like posters (other than cinematograph publicity ) materials which are likely to incite persons to commit offences involving violence. or offend against decency or morality or promote hatred on grounds of religion , race , etc. , among regional groups , caste or communities are on the increase .
2. With a view to curb effectively such provocative publicity materials , it is necessary to enact a legislation , to provide for the pre - censorship of the publicity materials other than publicity materials relatingto cinematograph films.
3. Hence the Bill .
Dated the 20th. April , 1998 .
NARESH RAVAL, M.L.A.
INDEX [PART V
EX. , 2-7-1998
GUJARAT GOVERNMENT GAZETTE
10-9
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause. 2( i) , 3 (2) , 4, 5(3) , 6 , 7(2), 8(1 ), 9(2) , 12( 1) and 17 of the Bill authorise the Government to prescribe the manner and method of giving effect to certain provisions of the proposed bill by making suitable Rules thereunder .
2. The powers delegated are normal and not of an exceptional character .
Dated the 20th April , 1998 .
NARESH RAVAL,
M.L. A.
FINANCIAL MEMORANDUM
The provisions of clause 4 and 5 of the Bill would involve expenditure from the Consolidated Fund of the State . The estimated expenditure will be of about 5 lakhs rupees every year and it would be recurring in nature .
Dated the 20th April, 1998.
GANDHINAGAR .
DATED THE 2nd JULY , 1998 .
V- EX 10-3
NARESH RAVAL,
M.L.A.
K. M. PANCHAL ,
Secretary ,
Gujarat Legislature Secretariat .
GOVERNMENT CENTRAL PRESSS , GANDHINAGAR.
INDEX 594
REGISTERED NO. G/GNR/2.
Extra No. 11
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 2, 1998 /ASADHA 11 , 1920 VOL XXXIXJ
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by Shri NARESH RAVAL , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
GUJARAT BILL NO. 11 OF 1998,
THE GUJARAT MAINTENANCE OF PARENTS AND DEPENDANTS BILL , 1998 .
ABILL
toprovide for the maintenance of parents , wives and children and for matters connected therewith.
It is hereby enacted in the Forty - Ninth year of the Republic of ladia, as follows:-
and commence .
ment 1: (1) This Act may be called the Gujarat Maintenance of Parents and Short title Dependants Act, 1998 .
V-Ex . , - 11-1
INDEX 11-2 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 [ PART V
(2) It shall come into force on such date as the State Government may , by notification in the Official Gazette , appoint .
2. In this act, Unless the context otherwise requires ,
Definitions .
(a) " appellate authority " means an officer , not below the rank of a District Collector , authorised by the State Government to hear the appeals under section 16 of this Act;
(b) " applicant" includes a person in whose favour a maintenance order has been made under the provisions of this Act ;
(c) " approved person or organisation " means a person or an organisation that has been approved under section 20 by the State Government in writing for the purposes of this act;
(d) " child" includes an illegitimate , adopted and step child;
(e) "dependant " includes--
(i) Parents and grand parents , so long as they are unable to maintain themselves or unable to obtain maintenance in the case of grand parents from their sons and daughters;
(ii) wife , so long as she does not remarry ;
(iii) son or the son of pre- deceased son, so long as he is minor; provided and to the extent that he is unable to obtain maintenance , in the case of grand-son from his father's or mother's estate;
(iv) unmarried daughter or unmarried daughter of the pre - deceased son, so long as she remains unmarried ; provided and to the extent that she is unable to obtain. maintenance in case of a grand daughter from her father's and mother's estate;
(v) widowed daughter ; provided that and to the extent that she is unable to obtain maintenance--
(a) from the estate of her husband;
INDEX GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 11-3 PART VI
(b) from her son or daughter , if any, or his or her estate ; or
(c) from her father- in - law or her grand father or the estate of either of them;
(vi) anywidow of the son or of the son of the pre - deceased son, so long as she does not remarry ; provided and to the extent that she is unable to obtain maintenance from the estate of her husband or from her son or daughter; if any , or his or her estate; or in the case of a grandson's widow, also from her father - in - law's estate;
(vii) minor illegitimate son , so long as he remains a minor ;
(viii) illegitimate daughter , so long as she remains unmarried;
"District Collector " means the Collector of the District appointed by the Government of Gujarat; :
(g) "Maintenance Officer " means the Maintenance Officer for the maintenance of Parents and Dependents appointed under section 12;
(h) "prescribed ' means prescribed by rules made under this Act;
(i) "property " means property of any kind, whether movable or immovable, tangible or intangible; and includes any rights or interest in such property;
(1) "respondent " includes a person against whom a maintenance order has. been made under the provisions of this Act;
(k) "Tribunal " means the Tribunal for the Maintenance of Parents and Dependents established under Section 13.
Application for maintenance 3. (1) Any person , who is unable to maintain himself and is resident of the State of Gujarat; may apply to the Tribunal for an order; orders..
(i) in case of a parent or grand parent of or above 60 years of age , that one or more of his children or grand children;
(ii) in case of wife , that her husband;
(iii) in case of minor son or unmarried daughter , that his or her father and where father is dead his or her mother;
(iv) in case of dependent (other than a parent, grand parent, wife minor. son or unmarried daughter) if such dependent has not obtained, by testamen- tary or intestate succession , any share in an estate of his ancestor , that the persons who take the share;
pay him a monthly allowance or any other periodical payment or a lumpsum for his maintenance .
(2)An approved person or organisation in whose care a parent, wife , child or dependent resides may apply to the Tribunal for an order that the respondent pay the approved person or organisation a monthly allownace or any other periodical payment or a lumpsum for the purposes of defraying the costs and expenses of maintaining that parent, wife , child or a dependent, as the case may be .
INDEX [PART V GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
11-4
2
(3) Where a parent, wife, child or depondent ceases to be in the care of the approved person or organisation any part of the monthly allowance , other peri- odical payment or lumpsum remaining , after deducting the reasonable cost and expenses of maintaining such parent , wife, child and the dependent shall be held in trust for such parent, wife , child and the dependent , as the case may be .
(4) Notwithstanding that a person is below the minimum age specified in sub-section ( 1 ) , this Act shall apply to that person if the Tribunal is satisfied that . he is suffering from informity of mind or body which prevents him from main- taining or makes it difficult for him to maintain himself or that there is any other special reason.
Explanation. For the purposes of this section, a parent shall be deemed to maintain himself if his total or expected income and other financial resources are inadequate to provide him with basic amenities and basic physical needs including (but not limited to) shelter , food and clothing .
Joinder respondents . of 4. A respondent may serve notice in the prescribed form on other persons liable to maintain the applicant joining them as respondents in the action .
Maintenance Order.
5. (1 ) The Tribunal may make a maintenance order if it considers that it is jusi and equitable that the respondent should maintain the applicant and that-
(a) the respondent is able to provide maintenance to the applicant after his own requirements and of his spouse and his children have been supplied ; and
(b)the applicant is unable, inspite of efforts on his part, to maintain himself through work or from his property or from any other source .
(2) When ordering maintenance for the benefit of wife , child or aged or infirm parents, the. Tribunal shall have regard to all the circumstances of the case including (but not limitd to) the following matters:-
(a) the financial needs of the applicant, taking into account reasonable expenses for housing and medical costs;
(b) the income, earning capacity , property and other financial resources of the applicant and the manner in which an applicant has spent his savings or dissipated his financial resources ;
(c) any physical or mental disability of the applicant;
(d) the income , earning capacity, property and other financial resources of the respondent;
( e) the expenses incurred by the respondent in supporting his spouse or children;
(f) the contributions and provisions , whether financial or otherwise which the respondent has made for the maintenance of the applicant;
(2) if the applicant is living separately , whether the applicant is justified in doing so .
( 3 ) When ordering maintenance , if any for the benefis dependanttother than wife, minor sen , unmarried daughter and parents, tegard shall be had to
INDEX PART V]
GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 11-5
(a) the net value of the estate of the deceased after providing for the payment of debts ;
(b) the provisions , if any, made under a will of the deceased in respect of the dependent;
(c) the degree of relationship between the two ;
(d) the reasonable wants of the dependent ;
(e) the past relations between the dependent and the deceased;
the value of the property of the dependent and any income derived from the property or from his or her earnings or from any other source;
(g) the number ofdependents entitled to maintenance under this Act.
(4) Where there is more than one respondent the Tribunal may apportion the maintenance among the various respondents in such manner as may be just .
! (5) The Tribunal shall , before hearing an application under this section , refer the differences between the parties to a conciliation officer for mediation between the parties.
6. (1) Amaintenance order may provide for the payment of lumpsum , or a monthly allowance or periodical payment for such period as the Tribunal may determine .
Power of Tribunal to order security for main- tenance.
"(2) The Tribunal may , in its discretion , when awarding maintenance, order the respondent to secure the whole or any part of it by vesting any property in trustees upon trustto pay the maintenance or part thereof out of the income from that property.
(3) The Tribunal may , in awarding maintenance , order the applicant to-
(a) deposit such minimum sum as the Tribunal may determine with a bank or.
(b) purchase an annuity with an insurer with such minimum sum .
(4) The Tribunal may, in awarding maintenance , give directions as to the manner or method of payment.
maintenance.
7. (1 ) Except where an order for maintenance is expressed to be for any Duration of shorter period or where any such order has been rescinded, a maintenance order orders shall expire- for
(a) if the maintenance was unsecured , on the death of the applicant or the respondent, whichever is the earlier ;
(b) if the maintenance was secured, on the death of the applicant .
(2) Where a maintenance order was made against more than one respondent, the death of a respondent does not affect the liability of the others to continue paying maintenance to the applicant . The applicant may apply to the Tribunal to re- apportion the liability among the surviving respondents .
Y- EX- 11-2
INDEX 11-6
[PART V GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998
Power of 'Tribunal vary orders for maintenance.
8. ( 1) The Tribunal may vary or rescind any subsisting order for main- tenance , whether secured or unsecured , where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any *material change in the circumstances of the applicant or respondents or where another person is joined as a respondent .
(2) An application for variation of a maintenance order may be made by-
(a) the applicant;
(b) a respondent ;
(c) the Maintenance Officer ,
(d) an approved person or organisation referred to in section 3 (2 ) ; or
(e) in respect of secured maintenance , the legal personal representative of a respondent .
(3) Where a miantenance order was made against more than one respondent or another respondent is joined, the Tribunal may re - apportion the maintenance upon an application to vary the maintenance order in such manner as it considers just .
9. Maintenance payable to any person under this Act shall not be assignable or transferable or liable to be attached , sequestered or levied upon for , or in respect of, any debt or claim whatsoever .
Maintenance payable under order of Tribunal to be in alienable .
2 of 1974 .
Enforcement of maintenance orders
10. ( 1 ) A maintenance order made under this Act, shall have the same force and affect as an order passed under Chapter IX of the Code of Criminal Procedure , 1973, and shall be executed in the manner prescribed for the execution of such order by the code .
(2) An order for maintenance may be executed either by the Tribunal which passed it or by other Tribunal or ordinary Court to which it is sent for execution .
1 of1956 .
(3) In addition to the mode of execution of orders referred to in sub-sections (1 ) and (2) , a maintenance order passed against a person, who is in receipt of salary from any State or Central Government, or from a local authority or from a Corporation engaged in any trade or industry which is established by a Central or State Government , or from a Government Company as defined in section 617 of the Companies act, 1956 , may be executed by way of attachment of salary payable to him.
C (4) Where the salary is attached under sub-section (3 ) , the Tribunal , whether the person liable to pay the amount of maintenance , or the employer or the officer disbursing the salary is or is not within the local limits of the Tribunal's jurisdic- tion, may order that the salary not exceeding 1/3 shall be withheld from such salary by monthly istalments as the Tribunal may direct and upon notice of the order such employer or the disbursing officer, shall remit to the Tribunal the amount of the monthly instalments .
(5) Where the attachable portiorf of such salary is already being withheld and remitted to a Court or a Tribunal in pursuance of a previous and unsatisfied order of attachment, the employer or the disbursing officer shall forthwith return the
INDEX 11-8
[ PART V GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998
(4)Where a person ceases to be the Presiding Officer of the Tribunal, the State Government shall , as soon as is reasonably practicable , take steps to fill the vacancy but the existence of any vacancy in the tribunal shall not invalidate the acts of the tribunal .
(5) If the Presiding officer of the tribunal is for the time being unable to perform the duties of his office either generally or in relation to any particular proceedings , the State Government may appoint some other person to discharge the duties of the Presiding officer for any period , not exceeding six months at one time or as the case may be , in relation to those proceedings ; and a person so appointed shall , during that period or in relation to those proceedings , have the same powers as the person in whose place he is appointed .
45 of 1860.
(6) The Presiding Officer of the tribunal when and so long as he is serving on the Tribunal shall be deemed to be a public servant within the meaning of the Indian Penal Code and the proceedings of the Tribunal shall be deemed to be judicial proceedings .
14. (1 ) The Tribunal shall have jurisdiction to hear and determine in accordance with this Act all applications made under this Act.
Tribunal to hear and determine claims.
(2) The Tribunal shall decide every application made to it expeditiously as possible and ordinarily every application shall be decided within a period of six months reckoned from the date on which such application has been made . :
(3) Sittings of the Tribunal shall be held at such places and times as the Presiding officer of the Tribunal may determine .
(4) Any interested party may be represented before the Tribunal-
(a) by an agent acting without fee , gain , reward or any expectation thereof, in any case in which the tribunal may, at the request of that party and for good reason , permit :
(b) by the Maintenance Officer ,
(c) by an approved person or organisation through any of its employees or office holders .
(5) No party to any proceedings before the tribunal may be represented by an Advocate .
(6) Every summons and notice issued under the hand of the Presiding Officer . of the tribunal to any person shall be served on that person- .
(a) by delivering the summons to the person or to some adult member of his family at his last known place of residence ;
(b) by leaving the summons at his usual or last known place of residence or business in an envelope addressed to the person;
(c) by sending the summons by registered post addressed to the person at his usual or last known place of residence or business ; or
(d) where the person is a body of persons or a company-
INDEX 11-7
GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 PART V]
subsequent order to the Tribunal issuing it with a full statement of all the particulars of the existing attachment.
(6) Every order made under sub - section (3) unless it is returned in accordance with the provisions of sub- section (5) , shall without further notice or other process, bind the employer and the employer shall be liable for the sum paid in contravention of the provisions of sub - section (3) , (4) and (5) of this section.
Applications on behalf of incapacitated applicants.
11. Where an applicant is unable to make an application under this Act (whether by reason of physical or mental infirmity or for any other reason ) , such application may be made on his behalf by-
(a) any member of his family;
(b) any person in whose care he resides ; or
(c) any other person whom the applicant has authorised to make such application .
Appointment of Mainten- anceOfficer .
12. (1) The State Government may appoint a Maintenance Officer for the maintenance of Parents and Dependants on such terms and conditions as the State Government may determine.
(2) The Maintenance officer may make an application under this Act on behalf of an applicant of or above 60 years of age or a minor child (whether or not the applicant is able to do so) or represent such applicant in any proceedings or appeal under this Act.
(3) The Maintenance Officer may consult, or direct any of his officers to consult, with the parties concerned in order to assist them to reach agreement by conciliation.
(4) Notwithstanding that a person is below the minimum age specified in sub-section (2) , the Maintenance Officer may , in his discretion. make an applica- tion on his behalf or represent him if the Maintenance officer is satisfied that he is suffering from infirmity of mind or body which prevents him from maintaining or makes it dificult for him to maintain himself or if there is any other special reason .
of Establish Tribunal for Maintenance of Parents and Dependants.
13. (1) For the purpose of exercising the jurisdiction and powers conferred on a tribunal for Maintenance of Parents and Dependants by this Act, Government ment shall , as soon as may be after the commencement of this Act, establish , in every district, as many Tribunals for Maintenance of Parents and Dependants and at such places , as the State Government may by notification specify.
(2) The Presiding Officers of such Tribunal , who shall not be a lower in rank of the Deputy Collector or Mamalatdar shall be appointed by the State Government.
(3) The Presiding Officer of the tribunal shall vacate his office where-
(a) he resigns; or
(b) Where he has been appointed by virtue of holding any office , he ceases to hold that office;
INDEX 11-9 GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998
PART V]
(i) by delivering the summons to the Secretary or other like officer of thebody of persons or company at its registered officer or principal place ofbusiness ; or
(ii) by sending the summons by registered post addressed to the body ofpersons or company at its registered office or principal place of busi- ness .
(7) Any summons or notice sent by registered post to any person inaccordance with sub- section (6) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would in the ordinary course of post be delivered and in proving service of the summons , it shall be sufficient to prove that the envelope containing the summons was properly addressed, stamped and posted by registered post .
(8) The Tribunal shall have the following powers :-
(a) to dismiss frivolous or vexatious claims at a preliminary stage on the basis of the affidavits and other documentary evidence;
(b) to summon any person to appear before a Conciliation Officer for the purpose ofmediation;
(c) to summon any person whom it may consider able to give evidence to attend at the hearing of an application;
(d) to examine such person as a witness either on oath or otherwise and to require such person to produce such records , documents or articles as the Tribunal may think necessary for the purposes of the proceedings;
(e) to allow any person , attending the proceedings any reasonable expenses necessarily incurred by him in so attending to be paid by such party as the Tribunal may détermine;
() to make an order by consent of the parties ; and
(g) all the powers of a Magistrate with regard to the enforcement of attendance of witnesses and hearing evidence on cath.
(9) Every person examined as a witness by or before the Tribunal whether on oath or otherwise , shall be legally bound to state the truth and to produce such records, documents or articles as the Tribunal may require .
1OF 1872:
(10) The Tribunal may receive as evidence any report, statement, document, information or a matter that may, in its opinion, assistit to deal effectively with a dispute , whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872
( 11 ) In proceedings before the Tribunal it shall not be necessary to record the evidence of witnesses at length , but the Tribunal, as the examination of each witness proceeds , shall , record or cause to be reconed, a memorandum of the substance of what a witness desposes , and such memorandum shall be signed by the witness and the Presiding Officer of the Tribunal and shall form part of the record.
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GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
[PART V
(12) The evidence ofany person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exception, be read in evidence in any proceeding before the Tribunal .
(13). The Tribunal may, if it thinks fit, and shall on the application of any of the parties tothe proceedings summon and examine any such person as to the facts: contained in his affidavit.
call Appellate Authority proceedings the Tribunai
15. ( 1) The Appellate Authority either on its own motion or on the applica- may tion within 14 days of any party aggrieved by a decision of the Tribunal on the offor ground that it iswrong in law, may call for the proceedings and the grounds of the , award and givesuch order thereon , either by directing a fresh hearing or otherwise, asseems necessary to secure that substantial justice is done.
(2) Thepowers ofrevision conferred under this section shall not question the decision of the Tribunal as to the quantum of maintenance awarded or apportioned urder this Act.
Appeals.
16. (1) Except as provided in this section and section 15, the decision of the Tribunal shall be final.
(2) The applicant, the Maintenance Officer on behalf of the applicant, a respondent, an approved person or organisation, or any affected party may appeal totheAppellate authority appointed by the State Government in this behalf from the decision of the Tribunal upon any question of law or of mixed law and fact except in any case where the Tribunal has made the order with the consent of the parties unless it is alleged that the consent was obtained by means of fraud, duress , threat or misrepresentation.
(3) The Appellate Authority shall decide every appeal preferred to it as expeditiously aspossible and ordinarily every appeal shall be decided within a period ofthree months reckoned from the date on which such appeal is preferred.
(4) The procedure governing such appeals under sub- sections (2) and (3) shall be the same as that for appeals from decisions of the District Court to the High Court.
(5) TheAppellate Authority shall have jurisdiction to hear and determine any sichappealandnay confirm, vary or annual the decision of the Tribunal on appeal and make such further or other order on such appeal , whether as to costs or otherwise, as theAppeallate Authority may consider fit.
(6) There shall be no further right to appeal from decisions of the Appellate Authority.
Costs
17. The Costs of :
(2) an application under this Act shall be in the discretion of the Tribunal ;
(b) an appeal shall be in the discretion of the Appellate Authority hearing theappeal.
18. (1) Where any person , who , after the commencement of this Act, has Effect of trans inusferred, by way of gift or otherwise, his property, subject to the condition that fer ofproperty on right of the transferee shall provide the basic amenities and basic physical needs to the tansferer and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of the property shall be deemed to have beenmade by fraud or coercion or under undue influence and shall at the option of the tansferer be void. maintenance.
INDEX 11-11 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
PART V ]
(2) Where any person has a right to rceive maintenance out of an estate and such estate or part thereof is transferred , the right to receive maintenance may be enforced against the transfer if the transferee has notice of the right, or if the transfer is gratuitous ; but not against the transferee for consideration and without notice of right.
19. The State Government may approve
Approved persons organisations. ог
(a) institutions or organisations engaged in social welfare or the represenatives thereof;
family; (b) persons professionally engaged in promoting the welfare of the (c) persons working in the field of social welfare ; and ..
(d) any other persons;
whose association with a Tribunal would enable it to exercise its jurisdiction more effectively in accordance with the purpose of this Act.
20. The provisions of this Act shall be in addition to and not in derogation of the provisions of Chapter IX (relating to the order of maintenance of Wife, children and parents) of the Code of Criminal Procedure , 1973 and the provisions of any law for the time being in force in respect of a suit or proceeding for maintenance.
Provisions not to be derogatory to certain laws .
Power make rules. to 21. (1) The State Government may , subject to the condition of previous publication in the Official Gazette make rules for the purpose of carrying into effect the provisions of this Act .
(2) Without prejudice to the generality of the foregoing powers , such rules may provide for-
(a) regulating and prescribing the procedure to be followed for applications and the conduct of proceedings under this Act ;
(b) regulating the means by which particular facts may be proved , and the mode in which evidence thereof may be given including but not limited to affidavits;
(c) the manner in which frivolous or vexatious claims may be dismissed at a preliminary stage on the basis of the affidavits and other documentary evidence;
(d) the discovery of documents and other evidence and public records;
Act; (e) the manner and method of payment of maintenance awarded under this
(f) the costs of any proceedings under this Act; and
(g) the manner in which, the purposes for which and conditions subject to which, institutions , organisations and other persons may be a approved for providing assistance to the Tribunal .
(3) Every rule made under this section by the State Government shall be laid, as soon as may be after it is made, before the State Legislative Assembly , while it is in session, for a total period of fourteen days which may be comprised in one
INDEX [PART V
EX. , 2-7-1998
GUJARAT GOVERNMENT GAZETTE
11-12
session or two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive session aforesaid, the Assembly agrees in making any modifications in the rule or the Assembly agrees that the rule should not be made , the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so , however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
In our society the maintenance of aged parents has been a matter of great concern and of personal obligation arising from the existence of the relationship and quite, independent of the possession of any property , ancestral or acquired. Our ancient seers held this obligation on the higher pedestral by declaring that "the aged mother and father , the chaste wife and infant child must be maintained even by doing a hundred misdeeds . " Recently the fathers of our Constitution , through Directive Principles of the State policy, contained in article 38 and 41, together with other provisions , have wisely laid down the main objective , namely , the building of a welfare State and egaliterian social order by making effective provisions for securing public assistance in case of old age , sickness and disable- ment and in other cases of undeserved want .
Inthe developing age of science and technology our old virtues are giving way to materialistic and separatistic tendencies . Younger generation is neglecting their wives , children and aged and infirm parents , who are now being left beggared and destituted on the scarpheap of society and thereby driven to a life of vagrancy , immorality and crime for their subsistance . Thus it has become necessary to provide compassionate and speedy remedy to ameliorate the difficulties being faced by the neglected wives , children, aged and infirm parents .
This Bill seeks to achieve the aforesaid objectives .
NARESH RAVAL , Gandhinagar,
M.L.A. Dated the 20th April ; 1998 .
FINANCIAL MEMORANDUM
Clause 12 and 13 of the Bill seeks to provide for the appointment of the Main-. tenance Officer and Tribunal for the Maintenance of Parents and Dependants . Since the existing Government machinery is intended to be utilized for the implementation of the proposed provision , there will be no additional expenditure on the establishment. Tentatively speaking, the provisions contained in the Bill when enacted will involve approximately extra recurring expendiure out of the State exchequer to the tune of rupees 5 lakhs per annum .
NARESH RAVAL, Gandhinagar .
M.L..A. Dated the 20th April , 1998 .
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GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998 PART V]
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub -clause (2) of Clause (1) empowers the State Government to appoint, by notification in the Official Gazette , the date on which the Act shall come into force.
Clause 12 of the Bill empowers the State Government to appoint Maintenance Officer and to determine the terms and Conditions for their appointments .
Clause 13 of the Bill empowers the State Government to establish in every district at such places and as many Tribunals for Maintenance of Parents and Dependents as the State Government may specify by notification .
Clause 21 empowers the State Government to make rules in respect of the purposes mentioned therein and for the purpose of carrying out all or any of the provisions of the Bill . These rules shall as soon as may after they are made be laid before the Legislative Assembly . This delegation is essential and normal in character .
NARESH RAVAL, Gandhinagar,
M.L.A. Dated the 20th April , 1998 .
K.M.PANCHAL GANDHINAGAR ,
Secretary , ?
DATED THE 2nd JULY , 1998 . Gujarat Legislative Assembly .
VEX11-4
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX Extra No. 12
REGISTERED NO. G/GNR/2
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL XXXIX]
THURSDAY, JULY 2, 1998 /ASADHA 11 , 1920
Separate paging is given to this Part in order that it maybe filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by Shri USMANGANI DEVDIWALA , M.L.A. is Published under Rule 127-A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No.12 of 1998 .
THE GUJARAT BURIAL GROUNDS PRESERVATION AND
ΜΑΙΝΤΕΝΑNCE BILL, 1998 .
A BILL
toprovide for the preservation and maintenance of certain burial grounds in the State ofGujarat.
Itishereby enacted in the Forty- ninth Year of the Republic of India as follows :-
1. (1) This Act may be called the Gujarat Burial Grounds Preservation and Maintenance Short title, Act, 1998 .
extent and commencement .
(2) It extends to the whole of the State ofGujarat.
(3) It shall come into force at once
V-Ex. , - 12-1
12-1
INDEX 12-2
[ PART V
GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
Definition.
1879. Bom . 29 of Bom Act Bom 5 of Act No. 29 of1954.
2. In this Act, unless the context otherwise requires , " burial grounds " means Kabrastan , cemetery or such other land set apart under section 38 of the Bombay Land Revenue Code , 1879 as a burial ground for any community or for children and not managed by any public trust registered under the Bombay Public Trusts Act, 1950 or by a wakf registered under the Wakf Act, 1954.
3. (1 ) There shall be a Committee to look after preservation and maintenance of each burial ground.
Committee for each burial ground.
(2) The Committee shall consist of a Chairman and not more than five other members nominated by the Collector from amongst the persons who ordinarily reside at the place where the burial ground is situated :
Provided that in case of a burial ground set apart for a particular community, the persons belonging to that community shall only be nominated as members of the Committee .
(3)The terms of office of the Chairman and the members of the Corfimittee shall be two years from the date of such nomination.
(4) The procedure of the Committee shall be such as may be prescribed .
:
4. The functions of the Committee shallbe-
Functions of the Committee.
(1) to see that the person entitled to the use of the burial ground is allowed to use such ground without any hinderance .
(2) to prevent misuse or sale of the burial ground by any person;
(3) to fence the burial ground by barbed wire or any other material;
(4) to provide for adequate supply of water in the burial ground;
(5) to provide for growing of flowers and trees in the burial ground;
(6) to do such other things as may be necessary for the smooth and efficient management ofburial ground .
:
Funds of Committee .
5. The Committee may accept donations and collect funds for the purpose ofpreservation and maintenance of the burial ground.
Accounts.
6. The accounts ofthe Committée shall be maintained in such form and shall be audited by such agency as may be prescribed.
of Hom. 1979.
Permission not thecessary inters.
7. Notwithstanding anything contained in the Bombay Land Revenue Code , 1879 or any other law for the time being in force , it shall not be necessary for the Committee to obtain any permission of the State Government or any local authority for doing anything within the limits of the burial ground for carrying out the purposes of this Act .
of
Laibility memberof Committed
8. ( 1) On a complaint received from any person against any member of the Committeer or on his own motion. the Collector or any officer authorised by him in this behalf in writing, más, inquire into any misappropriation of the fund of the Committee and if he is satisfied that
INDEX [ PART V ]
12-3
EX. , 2-7-1998
GUJARAT GOVERNMENT GAZETTE
any member ofthe Committee is responsible for misappropriation of the fund of the Commit- tee he may , by order in writing direct such member to pay to the Conimittee before a fixed date, the amount misappropriated by him .
(2) If the amount misappropriated is not paid by him within the time fixed , it shall be recovered as an arrears of Land Revenue and credited to the fund of the Committee .
(3)Any person aggrived by the decision of the Collector or any officer so authorised may, within thirty days from the date of such.decision , appeal to the District Court for redressal of his grievances and that Court after taking such evidence as it thinks necessary may , confirm , modify or set aside the order passed by the Collector or any officer authorised by him and make such order as it deems fit .
9. (1 ) The State Government may , by an officer authorised in this behalf, cause to investigate and ascertain the facts as to whether any burial ground which was not notified and used as such by any community at the commencement of the Constitution of India or thereafter.
former Investigation burial grounds . occupants and removalof encroachment thereon.
(2) If the investigation of an officer authorised under sub- section (1 ) reveals that any burial ground which was used at the commencement of the Constitution of India or thereafter has been occupied by any person and used for purposes other than the burial purpose or has been converted into any land or building, then it shall be lawful for the State Government to summarily evict its occupant therefrom , remove encroachment thereon and cause to notify it to be a burial ground and hand over its possession to any of the committee referred to in section 3for resumption of its use as a burial ground .
Punishment .
10. Any person, who-
(a) has misused a burial ground , or
(b), has occupied the burial ground and used for any purpose other than a burial ground, and
(c) has converted a burial ground into a land or a building,
shall, on conviction, be punished with an imprisonment for a term not exceeding five years and with a fine not exceeding Rs . 5000/-
Powerto make rules.
11. (1) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act .
(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature , as soon as possible after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following.
(3) Any modification so made by the State Legislature shall be published in the Official . Gazette and shall thereupon take effect
INDEX [ΓΑΝΙ GUJARAT GOVERNMENT GAZETTE EX . , 2-1-1۶۶۵
12-4
STATEMENT OF OBJECTS AND REASONS
Ordinarily in every village, town or city in the State of Gujarat, there are burial grounds fordifferent communities . Some of them are under trusts or wakfs but usually they are under Government or Panchayats or Municipalities . The lands under the Panchayats or Government are many times used for the purposes other than burying the dead causing bitterness among the religious minorities such as muslims , Christianis etc. It is therefore, necessaryto create some agency to look after the burial grounds .
It istherefore , necessary that there should be some agency to look after such burial grounds which are not looked after by any agency. It is also necessary that certain facilities such as fencing, adequate supply ofwater, growing offlowers and trees etc. are provided in such burial grounds.
Statutory Committee consisting of a Chairman nominated by the Collector from amongst the persons belonging to the community for which the burial ground is set apart would be the proper agency to look after each burial ground. This Bill seeks to provide for nomination of such a Committee for each burial ground with necessary provisions for its functions , power to collect funds , maintenance ofaccounts etc.
Certain burial grounds which were not notified and used as burial grounds some years ago have been occupied and converted into lands or buildings and requires to be investigated and its unauthorised occupation also requires to be evicted so as to restore such grounds for the use as a burial ground.
Gandhinagar, 4th May, 1998 .
USMANGANI DEVDIWALA, M.L.A.
MEMORANDUM REGARDING DELEGATED LEGISLATION
The following provisions of the Bill provide for delegation ofpowers of legislative nature, namely:-- A
Clause 3. Sub-clause (5) of this clause empowers the State Government to prescribe procedure of the Committee .
Clause 4.--Sub- clause (6) of this empowers the State Government to prescribe functions for the Committee other than those specified in sub - clauses (1) to (5) of clause 4.
Clause 6. This clause empowers the State Government to prescribe form in which the accounts of the Committee shall be maintained and to prescribe the agency for auditing the accounts of the committee .
Clause 11. This clause empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of powers as aforesaid is necessary and is of a normal character .
Gandhinagar.
USMANGANI DEVDIWALA, M.L.A.
Dated the 4th May , 1993 .
K. M. PANCHAL ,
GANDHINAGAR .
Secretary ,
DATED THE 2nd JULY , 1998 .
Gujarat Legislature Secretariat .
GOVERNMENT CENTRAL PRESS, GINAGAR
INDEX Extra No. 13
REGISTERED NO. G/GNR/2.
C
Me and
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 2 , 1998 /ASADHA 11 , 1920
[VOL XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by Shri USMANGANI DEVDIWALA , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No.13 of 1998 .
THE GUJARAT ONE JOB IN EACH LOWER INCOME GROUP FAMILY BILL, 1998 .
A BILL
to provide for a job at least to one person in each lower income group family in the State ofGujarat.
It is hereby enacted in the Forty-Ninth year of the republic of India as follows:-
Short title , extent commence. ment. and 1. (1) This Act may be called the Gujarat One Job in Each Lower Income Group Family Act, 1998.
(2) It extends to the whole of the State of Gujarat .
(3) It shall come into force at once,
Definitions.
2. In this Act, unless the context oſherwise requires :---
(a) " adult person " means a person who has attained the age of eighteen years;.
13-1
V-Ex . , - 13-1
INDEX 15-2
GUJAKAI GOVERNMENT GAZETΠΕ ΕΧ . , 2-7-1998 [ PART V
(b) " family " includes wife , son , daughter, father, mother, brother ör sister of a person and residing with him;
(c) " lower income group family " means a family whose yearly income per member of the family is less than Rs . 10,000;
(d) " prescribed " means prescribed by rules made under this Act ;
(e) " scheme " means a sheme prepared to give at least one job in each lower income group family .
Report on un- employment condition.
3. The State Government shall prepare and publish a Report on unemploy- ment condition and yearly income in each family in the State of Gujarat within şix months from the date of coming into force of thisAct.
Scheme.
4.(1) On preparation and publications of the Report under section 3, the State Government shall prepare and publish within three months a scheme for providing a job carrying a salary of Rs . 750 per month at least to one adult person in each lower income group family .
(2) The scheme shall be prepared and published in such manner as may be prescribed.
job in cach 5.(1) After publication of the scheme under section 4, the State Government shall take steps to provide jobs as per the scheme . :
(2) If the State Goverament is unable to provide a job carrying a salary of Rs . 750 per month to one adult person in a le er income group family, within one year from the date of operation of this Act, an un -employment allows ice at the minimum rate of Rs . 25 per day shall be paid to such y until a job is provided su aduit person of such family .
schser.
5.(7 ) The State Government shall appoint implementing agencies for im- plementation of the Act and the scheme in every district in such manner as may be prescribed.
(2) The State Government shall appoint such officers and servants as it may deem necessary for carrying out the purposes of this Act .
Power to make rules.
7. (1 ) The State Government may , by notification , in the Official Gazette make rules to carry out all or any of the purposes of this Act .
(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the Legislature shall be published in the Official Gazette and shall thereupon take effect .
INDEX GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998 13-3 [PART V ]
STATEMENT OF OBJECTS AND REASONS
Unemployment is increasing day by day amongst both the educated and un-educated people . Thousands of young brilliant persons are wasting their time without any work . Similarly landless agricultural labourers and halpatis are without work for a considerable period in a year. About 50 % of our population is . living below poverty line , as a result of which the economic , social , educational and cultural growth is hampered.
To avoid this situation it is very necessary that at least one adult person from each lower income group family , whose yearly income per member of the family is less than Rs . 10,000 is given job and in the alternative the unemployment allowance .
Hence this Bill.
USMANGANI DEVDIWALA, M.L.A.
Ahmedabad , Dated the 2nd May, 1998.
FINANCIAL MEMORANDUM
Clause 5 of the Bill provides for providing one job in each lower income group family and in the alternative unemployment allowance . Clause 6 provides for appointment of officers and servants for carrying out the purposes of the Act .
These provisions if enacted is likely to involve expenditure from the Con- solidated Fund of the State .As the exact involvement of the expenditure to be incurred by the State Government depends also upon the survey to be carried out by Government under Section 3, it is difficult to giye any estimate of recurring or non- recurring expenditure at present .
Ahmedabad,
USMANGANI DEVDIWALA, M.L.A.
Dated the 2nd May , 1998 .
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (2) of clause 4 empowers the State Government to prescribe the manner in which the scheme shall be prepared and published.
Sub-clause (1 ) of clause 6 empowers the State Government to prescribe the manner in which the implementing agencies shall be appointed .
Sub -clause (2) of clause 6 empowers the State Government to appoint Of- ficers and Servants for carrying out the purposes of the Act.
Sub-claue (1) of clause 7 empowers the State Government to make rules for carrying out the purposes of the Act .
The delegation of Legislative powers as aforesaid is necessary and of normal character .
Ahmedabad ,
USMANGANI DEVDIWALA, M.L.A.
Dated the 2rid May, 1998 .
K. M. PANCHAL , GANDHINAGAR .
Secretary ,
DATED THE 2nd JULY , 1998 .
Gujarat Legislature Secretariat .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2.
Extra No. 14
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 2 , 1998 /ASADHA 11 , 1920
VOL XXXIX
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by, Shri . USMANGANI DEVDIWALA , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No.14 of 1998 .
THE GUJARAT WELFARE AND PROTECTION OF MINORITIES BILL, 1998.
ABILL
to provide for the welfare and protection of life and properties ofminority communities in the State of Gujarat and for matters connected therewith.
It is hereby enacted in the Forty - ninth Year of the Republic of India as follows :-
Short title, extend and commence- ment.
1. (1) This Act may be called the Gujarat Welfare and Protection of Minorities Act, 1998 .
(2) It extends to the whole of the State of Gujarat .
(3) Itshall come into force at once .
Definitions .
2. In this Act, unless the context otherwise requires ,-
(a) 'Board ' means the Gujarat Minority Welfare Board, constituted under section 6 .
(b)'Minority Community ' means a group of persons belonging to a community based on religion other than Hindus.
(c) Prescribed' means prescribed by rules made under this Act.
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V-Ex. , - 14-1
INDEX [PART V 14-2 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998
Special care to protect minority.
3. The State Government shall take special care to protect the life and properties of minority community from any attack or assault thereon and for this purpose, the State Government may arrange for special squads of police .
Responsibility for communal disturbance .
4. (1) It shall be the paramount duty of the District Magistrate to maintain communal harmony and to keep a carefull watch and vigilance over the communal atmosphere in his district. 1 .
(2) The District Magistrate shall be responsible for any communal disturbance in his District and shall be liable for summary suspension during the pendency of the investigation about his vigilance .
Offence and penalties
5. ( 1) Any attack or assault on the life or properties of the minority community shall be a cognizable offence under this Act and shall be tried in the Court of the Magistrate not inferior to the Judicial Magistrate of First Class and any person directly or indirectly involved therein shall , on convic- tion, be punished with inprisonment for the term of not less than seven years .
(2) Any person or institution belonging to the minority community may lodge a complaint for any offence under this act.
Minority Wel- fare Board .
6. (1) The State Government shall constitute a Board to be called the Gujarat Minority Welfare Board consisting of not more than 15 members for the welfare of minority communities , out of which two third members shall be persons belonging to the minority communities.
(2) The Chairman of the Board shall be a person belonging to the minority community.
Terms and comditive of service of members .
7. The tern and conditions of the service of the members of the Board and honorarium and allowances to be paid to them shall be such as may be prescribed .
8. The Board may appoint such officers and servants as it considers , necessary for the efficient performance of its functions .
Appointment ofofficers and servants.
9. The functions of the Board shall be
Functions of Board.
:
(i) to look into the educational , cultural , social , economic, alround development and welfare of the minority communities in the State andto suggest to the State Government the ways and means therefor;
(ii) to suggest ways and means for promotion and development of Urdu and other languages of the minority communities ;
(iii) to discharge such other functions as may be prescribed .
Power to make rules for transaction of business.
10. The Board may, with the previous sanction of the State Government, make rules for transaction of business and for internal working of its meetings .
INDEX GUJARAT GOVERNMENT GAZETTE EX . , 2-7-1998 14-3 [PART V]
make Rules. Powerto 11. (1) The State Government may, make rules for carrying out the purposes of this Act .
(2) All rules made under this Act , shall be published in the Official Gazette and unless they all are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(3) All rules made under this Act shall be laid for not less than thirty days . before the State Legislature as soon as possible after they are made and shall be subject to rescission by the Legislature , or to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect .
STATEMENT OF OBJECTS AND REASONS
The lives and properties of persons belonging to the Minority communities deserve to be protected meticulously . India is a secular State and hence all communities are equal . In communal disturbances and riots the minority communities have generallyto suffer . The District authorities in: most of the cases are aware of the communal tension prevailing . They however , do not tike prompt preventive measures , which result into heavy loss of lives and properties of the minorities . The summary action is , therefore, proposed against the District Magistrate who is responsible for maintaining law and other situation in the District ...
The Government of a secular State should also look into the development and welfare activities of minority communities and constitution of a Board for the purpose is therefore proposed.
The Bill seeks to achieve the aforesaid objects .
Ahmedabad, Dated the 4th May , 1998 .
USMANGANI DEVADIWALA, M.L.A.
FINANCIAL MEMORANDUM
For the implementation of the provisions of the Bill and for its efficient functioning, a financial provision for a recurring expenditure of Rs . 25 lacs is estimated from the Consolidated Fund of the State .
Ahmedabad,
Dated the 4th May , 1998.
USMANGANI DEVADIWALA, M.L.A.
INDEX 14-4 GUJARAT GOVERNMENT GAZETTE EX. , 2-7-1998 [PART V
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 7 empowers the State Government to prescribe the term and conditions of services of the members of the Board, and honorarium and allowances to be paid to them .
Clause 9(iii ) empowers the State Government to prescribe functions of the Minority Welfare Board other than those prescribed in clause 9.
Clause 11 empowers the State Government to make rules for carrying out the purposes of the Act.
The delegation of Legislative powers is essential and is of normal character .
Almedabad, Dated the 4th May , 1998 .
USMANGANI DEVADIWALA, M.L.A.
K. M. PANCHAL .
GANDHINAGAR .
Secretary ,
CATED THE 2nd JULY , 1998 .
Gujarat Legislative Assombly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G /GNR/2.
Extra No. 15
C
0043 aad
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 2 , 1998/ASADHA 11 , 1920
VOL XXXIX]
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PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July, 1998 by Shri USMANGANI DEVDIWALA , M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
*
Gujarat Bill No.15 of 1998 .
THE GUJARAT SLUM AREAS ( IMPROVEMENT, CLEARANCE AND REDEVELOPMENT ) ( AMENDMENT) BILL, 1998 .
ABILL
further to amend the Gujarat Slum Areas (Improvement, Clearance andRedevelopment .) Act, 1973 .
It is hereby enacted in the Forty - Ninth Year of the Republic of India as follows :-
Short title and Commence.. ment .
1. (1) This Act may be called the Gujarat Slum Areas (Improvement, Clearance and Redevelopment ) (Amendment ) Act, 1998.
(2) It shall come into force at once . :
Insertion ofnew section 16A in Guj. 11 of 1973.
2. In the Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act , 1973 Guj . 11 of 1973. (hereinafter referred to as " the principal Act " ) , after section 16 , the following new section shall be inserted , namely :-
15-1
V-Ex. 15-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX . , 2-7-1998
15-2
Construction of houses for slum dwellers.
"16-A ( 1) Notwithstanding anything contained in the foregoing provisions all the buildings and land underlying them situated in the slum clearance area declared under section 11shall vest free from all encumbrances in the Board immediately after the notification under section 11 is published in the Official Gazette.
1 of 1894.
(2) If the land or property so vested in the Board does not belong to the Government the Board shall pay compensation to the owner atsuch rate as may be determined by the Collector under section 15 of the Land Acquisition Act, 1894 as if the property was acquired by the Government under the Land Acquisition Act , 1894.
(3) The Board shall evict the slum dwellers from the slum clearance araea and make temporary arrangement for their residence in nearby areas until new houses are constructed for them by the Board .
(4) The Board shall then demolish existing houses and construct new houses for the slum dwellers within a period of two years from the date ofeviction of the slum dwellers preferably on the same site from which they were evicted .
(5) The State Govvernment shall pay 80 percent of the cost per house to the Board as a subsidy and the remaining 20 percent shali be treated as loan advanced by the Board to the occupants and it shall be recovered from the occupants within a period of 20 years in equal monthly instalments . "
3. In the principal Act, in section 27, after clause (c) , the following new clause sihall be Amendment of section 27 ofGuj . inserted , namely : 11 of 1973.
"(ce) to construct houses for slum dwellers " .
INDEX 15-3 GUJARAT GOVERNMENT GAZETTE , EX.. 2-7-1998
PART V]
STATEMENT OF OBJECTS AND REASONS
The population of slum dwellers is increasing by leaps and bounds and the authorities have miserably failed to solve their housing problem which is the basic necessity of civil life . In certain cities the population of the slum dwellers have gone to very high mark and most of their houses having no facility of light, wate , drainage, sanitation , etc. , are unfit for hurman babitation . The civil life will become impossible and the slum dwellers will be driven to the life of hell unless a ruthless planned work is undertaken for their rehabilitation and for construction of their houses on a war- footing . So , a time bound programme is must and hence this Bili .
Ahmedabad,
USMANGANI DEWADIWALA Dated the 4th May , 1998.
Μ.Ι..Α .
FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for subsidy by the State Government for construction of the houses . It is estimated that the Bill will involve an annual expenditure of Rs . 5 crores from the Consolidated Fund of the State.
Ahmedabad ,
USMANGANI DEWADIWALA Dated the 4th May , 1998 .
M.L.A.
K. M. PANCHAL ,
GANDHINAGAR .
Secretary ,
DATED THE 2nd JULY , 1998 .
Gujarat Legislative Assembly .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO. G/GNR/2.
Extra No. 16
C
Go યમા
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY, JULY 2, 1998 /ASADHA 11 , 1920
VOL XXXIX]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 2nd July , 1998 by Shri ARVINDBHAI PATEL M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No. 16 of 1998 .
THE GUJARAT FAMILY WELFARE BILL, 1998
A BILL
to control the population growth and provide measures to restrict the size of the family so as to provide opportunities for individual development and to attain family welfare in the State of Gujarat and for matters connected therewith .
It is hereby enacted in the Forty ninth year of the Republic of India as follows:-
1. (1) This Act may be called the Gujarat Family Welfare Act, 1998.
Short title, extent and commence- ment.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification, in the Official Gazette , appoint .
Definitions .
2. In this Act, unless the context otherwise requires ,--
16-1
V-Ex . 16-1
INDEX [PART V 16-2
GUJARAT GOVERNMENT GAZETTE , EX . , 2-7-1998
(a) " Public Servant " means,
(i) anyperson in the service or pay of the State Government of remunerated by fees or comission for the performance of any duty by the State Government .
1 of 1956 .
(it) any person in the service or pay of a local authority or a Corporation established under the State or Central Act or a body owned or controlled or aided by the State Government or a Government Company established by the State Government under Section 617 of the Companies Act, 1956.
1949. Guj . 34 of 1964. Guj . Bom. 59 of of 18 of 1993.
(b) "Local Body " means a body constituted under the Bombay Provincial Municipal Corporations Act, 1949 or the Gujarat Municipalities Act, 1963 or the Gujarat Panchayats Act , 1993 or any other Act under which a body is created or constituted in the State of Gujarat;
(c) "University " means any University established by law in the state of Gujarat and includes any other institution recognised by the University Grants Commission.
10 of 1965.
(d) public Distribution System " means a system under which essential commodities such as, food grain, sugar, kerosin , cooking oils , etc are provided through fair price shop on family card or regulated under the Essential Commodities Act, 1955 or any other Act or rules framed by the State Government;
1947. Bom . 61 of Guj 18 of 1973.
(e) "Educational Institution " means an institution imparting primary or Secondary or higher education , recognised or- registered under the Bombay Primary Education Act, 1947 or the Gujarat Secondary Education Act, 1973. or under anyUniversity establsihed by law in the State of Gujarat or other Authority constituted under the state or Central Act ;
(f) "Specified Date " means a date specified for bringing into effect the provisions of this Act which shall be the date one year later than the date fixed under sub -section (3) .of section 1.
3. Aperson shall be disqualified for the purposes enumerated in section 4 of this act if he has more than two children .
Disqualifica- tion on Violation of small family norm .
Provided that nothing contained in this Section shall apply to any person-
(a) having more than two children on the date of commencement of the Acror as the case may be , within a period of one year of such commencement, unless he begets an additional child after the said period of one year;
(b) having one child on the date of commencement of the Act or as the case may be, within a period of one year of such.commencement, if a subsequent child birth results in the birth of more than one child.
Explanation. For the purposes of this Section, a person shall not cease to incur dsqualification merely by reason of his giving his child in adoption.
4. A person disqualified under section 3 of this Act shall-
Disqualified persons, not entitled to certain benefits/facil ities.
(1) not be entitled to a membership of a local Body;
INDEX 16-3
GUJARAT GOVERNMENT GAZETTE , EX. , 2-7-1998
PART VI
(2) if he is a public servant, not be entitled to get.
(a) yearly increment or due promotion ;
(b) facilities such as advances for purchase of residential accommodation , vehicles and food -grains;
(3) if he is a person working in the University or any other educational institution as clerical or teaching staff, not be entitled to get yearly increment or due promotion .
(4) not be entitled to avail medical facility in any hospital run by the State Government or by a local body or by any other authority receiving grant of the State Government .
(5)not be entitled to get any essential commodity from the fair price shop or avail any facility under the Public Distribution System .
(6) not be entitled to a new gas connection .
5. (1) The Director of Health and Medical Services shall take all necessary measures to create awareness of the provisions of this Act.
Functions of Director of Health Medical & Services .
(2) The Director of Health and Medical Services of the State of Gujarat shall supervise the implementation of this Act and shall prepare s statement of breach of the provisions of this Act and shall cause it to be laid on the table of the Gujarat Legislative Assembly.
rules. Power to make 6. (1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication , make rules for carrying out the purposes of this Act ..
(2) Rules made under this section shall be laid before the state Legislature as soon as possible after they are made and shall be subject to such modifications or rescession as the State Legislature may make in the session in which they are so laid.
(3) Any modification or rescission so made by the State legislature shall be published in the Official Gazette and shall thereupon take effect .
ARVINDBHAI PATEL ,
1
Gandhinagar,
M.L.A.
Date 4th June , 1998 .
INDEX [PART.V GUJARAT GOVERNMENT GAZETTE , EX . , 2-7-1998
16-4
STATEMENT OF OBJECTS AND REASONS .
After independence ; large scale socio- economic development activities have been undertaken by the state . Simultaneously , unchecked birth rate has adverse implications on our socio - eonomic development, which has rsulted in a very poor share of development to the individual. According to 1991 census , the population of India is 844.3 million and it is increasing by more than 17 million annually . Stabilization of the population at the replacement level is the over -riding national priority.
Inthe world, countries like China, have taken drastic steps to control the birth rate. In India the Central Family Wefare Minister had also introduced a Bill in the Rajya Sabha on 22nd December, 1992 so as to control bith rate . In the scheme of this Bill, it is suggested that , provisions of the Act shall come into force after a long time of one year, so that everybody can know the impact of the povisions of the Act and to restrict the size of their family . The main purpose of the Bill is to create awareness in the minds of the people to restrict the size of their family . If this is not done, the scope for the new development is very . meagre . For family welfare and individual development this. Bill is proposed .
ARVINDBHAI PATEL, Gandhinagar,
M.L.A.
Dated : 4th June , 1998 .
INDEX 16-5 GUJARAT GOVERNMENT GAZETTE , EX. , 2-7-1998
PART VI
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (3) of clause (1 ) empowers the State Government to specify the date on which the Act shall come into force .
Sub-clause (1) of clausé (6) empowers the State Government to make rules for carrying out the purposes of this Act..
The delegation of Legislative powers as aforesaid is essential and of normal character.
Gandhinagar,
ARVINDBHAI PATEL, M.L.A.
Dated the 4th June , 1998 .
K. M. PANCHAL .
GANDHINAGAR .
Secretarу ,
DATED THE 2nd JULY , 1998 .
Gujarat Legislative Assembly .
V. Ex, 16-2
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extra No 17
REGISTERED NO . G/GNR/2
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXIX] THURSDAY, JULY 2, 1998/ASADHA 11 , 1920
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PART V
Latreduced in the Gujarat Leghintive Assembly.
The following bill which was introduced on the 2nd July, 1998 by Shri ARVINDBHAI PATEL M.L.A. is Published under Rule 127-A of the Gujarat Legislative Assembly Rules for general information .
Gujarat Bill No. 17 of 1998.
THE GUJARAT PREVENTION OF ACCIDENTS ON HIGHWAYS BILL , 1098
A BILL
to make provisions for prevention of accidents on highways and for matters connected therewith .
It is hereby enacted in the Forty ninth Year of the Republic of India as follows: -
Short 1. (1) This Act maybe called the Gujarat Prevention of Accidents, on Highways Act, 1998.
(2) It shall come into force at once.
2. In this Act unless the context otherwise require-
title and commen- cement. Defini- tions.
(a) " Special Authority" means the Authority constituted under section-3 of this Act.
(6) "Highway" means, State Highways , National Highways and such other Roads as may be classified as such by the State Government .
(c) "Traffic Police " means a section of the Gujarat Police looking after the regulations of Highways Traffic.
(d) The expressions which are used , but not defined shall have the same meaning as has been given in the Motor Vehicles Act , 1988 .
LIX of 1988 .
17-1
V Ex. - 17-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE, EX. , 2-7-1998
17-2
3. (1) The State Government shall by notification in the Official Gazette establish a special authority to be called the Authority to Supervise and work for the Prevention of Accidents on Highways in the State of Gujarat.
Establish- ment of Special Authority.
(2) The Special Authority shall consist of the Chairman and such other members not exceeding 14 as may be appointed by the State Government :
Provided that atleast two members of the Gujarat Legislative Assembly shall be appointed on the Spezial Authority.
4. The Chairman and members of the Special Authority shall be appointed for a period of 3 years from the date of appointment:
Tenure of the membe Is of the Special Authority.
Provided that the members of Gujarat Legislative Assembly shall continue to be members for full term of the Special Authority eventhough they cease to be members of the Assembly .
5. The Chairman and members of the Special Authority shall not be entitled to receive any salary but they shall be entitled to receive the allowances for performing their duties as may be determined by Government .
Payment of Allowanees to the Cha- irman and other mem- bers of the Special Authority.
6. (1) The staff under the Special Authority shall consists of:-
(a) Secretary, who shall be appointed by the Goverment and;
Staff under the Special Authority.
(6) Such other employees as the Special Authority may, with the previous approval of the State Government , appoint from time to time.
(2) The Salary of the Secretary and other employees shall be such as may be prescribed.
(3) The other terms and conditions of the services of the Secretary and other employees shall be such as may be prescribed.
7. The functions of the Special Authority shall be:
Functions of the Special Authority.
(a) to supervise the road traffic and to suggest the measures for avoiding accidents on the Highways .
(b) to keep record of Accidents and to find out the common causes of the accidents and to suggest the remedial measures.
1 (o) to suggest changes in the existing Highway Traffic rules.
(d) The State Highway Police shall implement the suggestions made by the Special Authority and shall a'so carry out the instructions issued by it and will provide necessary Assistance to the Authority.
Rules.
8. (1) The State Goverment may frame the rules by notification in the Official Gazette to carry out the objects of the Act.
(2) The rules made under this Section shall be laid before the Legislature of the State at the session thereof next following and shall be liable to be modified or rescinded by a resolution passed by the Legislature and such rules after notifying in the Official Gavotte, be deemed to have been modified or rescinded accordingly.
ARVINDBHAI PATEL Dated : 4th June , 1998.
M. L. A. Gandhinagar.
INDEX PART VI GUJARAT GOVERNMENT
17-3
GAZETTE , EX. , 2-7-1998
STATEMENT OF OBIECTS AND REASONS
At present the Road Accidents on the Highways of Gujarat are increasingat an alarming rate. Every day several accidents occur on the Highways resulting in loss of lives of the people and also making many people invalid by severe and permanent injuries.
The existing machinery of Highway Police which looks after the Highway Traffic is not sufficient to check the Highway Accidents .
Therefore, a separate Special Authority is proposed to be set up to suggest measures and issue directions to the Highway Traffic Police with a view to control and minimise accidents taking places on highways of Gujarat .
Dated : 4th June, 1998 . Gandhinagar .
ARVINDBHAI PATEL, M.L.A.
FINANCIAL MEMORANDUM
Sections, 5 and 6 provides for giving salaries and allowances to the Chairman, Members and Staff of the Special Authority which may involve expenditure from the consolidated fund of the State of about Rs . 15 lacs per year.
Dated : 4th June, 1998 .
Gandhinagar.
ARVINDBHAI PATEL . , M.L.A.
MEMORANDUM REGARDING DELEGATED LEGISLATION
This Bill provides for delegation of Legislative powers in the following respects :-
Clause 3. This clause empowers the State Government to appoint, by notification in the Officiat Gazette, a Special Authority.
Clause 5. This clause empowers the State Government to detrmine the allowances to the Chairman and members of the Special Authority.
Clause 6. This clause empowers the State Government to approve the strength and other conditions of services of the Secretary and employees under the special Authority.
Clause 8. This clause empowers the State Government to frame the rules to carry out the objects of the Act.
The delegation of legislative powers are of normal character.
Dated : 4th June , 1998 .
ARVINDBHAI PATEL , M.L.A.
Gandhinagar,
K. M. PANCHAL
Dated the 2nd July, 1998.
Secretary, Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR
INDEX REGISTERED NO. G/ GNR/ 2 Extra No. 18
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ] THURSDAY , JULY 23, 1998 / SRAVANA 1, 1920
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PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported ).
The following Bill is published with the consent of the Speaker given under the proviso, to rule 127A of the Gujarat Legislative Assembly Rules:-
THE GUJARAT TAX ON LUXURIES (HOTELS AND LODGING HOUSES) (AMENDMENT) BILL , 1998 .
Gujarat Bill No. 18 of 1998 .
ABILL
further to amend the Gujarat Tax on Luxuries ( Hotels and Lodging Houses)Act, 1977.
Itis hereby enacted in the Forty- ninth Year of the Republic of India as follows:-
Short title and commence ment.
1. (1) This Act inay be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Act , 1998 .
(2) It shall come into force on the Ist August, 1998 .
section2of Ainendment of Guj . 24 of 1977:
Guj.24 of1977
2. In the Gujarat Tax on Luxuries (Hotels and Lodging Houses ) Act, 1977 (hereinafter referred to as " the principal Act " ) , in section 2 , in clause (e), for the words " one hundred rupees" , the words " two hundred rupees " shall be substituted.
V-Ex . 18-1
18-1
INDEX 18-2
GUJARAT GOVERNMENT GAZETTE, EX . , 23-7-1998 [ PART V
Amendment of section 3 ofGuj .
3. IntheprincipalAct, in section 3, in sub- section ( 1 ) , for clauses (a) to (d), the following 24of1977 . clauses shall be substituted, namely:-
"(a)
Nil
Where the charges for lodging are not more than two hundred rupees per day per person.
15per cent. ofsuchcharge.
(b) Where the charges for lodging are more than two hundred rupees but not more than five hundred rupees per day per person .
1
(G)
20 per cent . ofsuch charge. " .
Where the charges for lodging are more than five hundred rupees perday per person.
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998
18-3
STATEMENT OF OBJECTS AND REASONS
ThisBill seeks to amend sections 2 and 3 of the Gujarat Tax on Luxuries (Hotels and LodgingHouses ) Act, 1977 with a view to giving effect to the proposal contained in the Budget speech of the Finance Minister in the Legislative Assembly on the 30th June , 1998 .
Dated the 22nd July, 1998 .
KESHUBHAI PATEL
By order and in the wane of the Governor of Gujarat ,
KUM . H. K. JJHAVERI .
Seoretary to the Government of Gujarat , Logislative and Parliamentary. Affairs Departme Gandhinagar, dated the 23rd July, 1998.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extra No. 19.
PEGISTERED NO . G/GNR/ 2
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL. XXXIX 1
THURSDAY, JULY, 23, 1998 /SRAVANA 1, 1920
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PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported).
The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT ENTERTAINMENTS TAX (AMENDMENT) BILL, 1998 .
:
GUJARAT BILL NO . 19 OF 1998 .
ABILL
further to amend the Gujarat Entertainments Tax Act, 1977.
It ishereby enacted in the Forty - ninth Year of the Republic of India as follows :-
commencement .
1. ( 1) This Act may be called the Gujarat Entertainments Tax (Amendment) Short title and Act,1998.
(2) It shall come into force on the 1st August, 1998.
Guj: 16 of 1977.
Insertion of in Guj . 16 of new section 3A 1977.
2. In the Gujarat Entertainments Tax Act , 1977 (hereinafter referred to as "the principal Act ") , after section 3, the following new section shall be inserted, namely:-
Certain enter- tainments free fromtax.
"3A. Notwithstanding anything contained in section 3 , there shall not be levied and paid the tax to the State Government on any payment for admission to the entertainments specified in the Schedule III . " .
3. In the principal Act, after Schedule II , the following Schedule shall be Insertion of inserted , namely :--
new Schedule III inGuj . 16 of 1977 .
V-Ex .-19-1
19-1
INDEX 192
GUJARAT GOVERNMENT GAZETTE, EX. , 23-7-1998
[PART V
"SCHEDULE III
(See section 3A. )
(1) All kinds of musical programmes including musical nights and opera,
(2) All kinds of dances ,
(3) All types of dramas and plays ,
(4) Circus ,
(5) Magic show,
(6) Puppet show and play,
(7) Mushayara and Kavi Sammelan,
(8) Ras Garba,
(9) Bhawai and Ram Leela,
(10) Duha , Mimicry, Dayaro,
(11) LokNatya,
(12) Any type of exhibitics arts , skills and things,
(13) All kinds of sports exding the sports or rides provided in the water park and holiday resorts ." .
INDEX PART.V }
19-3 GUJARAT GOVERNMENT GAZETTE, EX. , 23-7-1998
STATEMENT OF OBJECTS AND REASONS
۱
This Bill seeks to insert new section 3A in the Gujarat Entertainments Tax Act , 1977 with a view to giving effect to the proposal contained in the Budger Speech of the Finance Minister in the Assembly on the 30th June , 1998.
KESHUBHAI PATEL.
Dated the 23rd July, 1998 .
By order and in the name of the Govornor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretaryto the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 23rd July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX REGISTERED NO . G/ GNR/ 2 Extra No. 20
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
THURSDAY , JULY 23 , 1998 /SRAVANA 1 , 1920
VOL. XXXIX ]
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PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules:-
THE BOMBAY STAMP ( GUJARAT AMENDMENT) BILL, 1998.
GUJARAT BILL NO . 20 OF 1998 .
ABILL
further to amend the Bombay Stamp Act, 1958.
It is hereby enacted in the Forty -ninth Year of the Republic of India as follows:-
1. (1) This Act maybe called the Bombay Stamp (Gujarat Amendment Act, 1998.
) Short title and commance- ment .
(2) It shall comme into force on the 1st August, 1998 .
2. In the Bombay Stamp Act , 1958 , in Schedule I,-
Bom . LX of 1958.
Amendment ofSchedule I to Bom. LX
of 1958.
(1 ) in article 6 , in clause (2), in sub -clause ( ii) , in column (2 ) , for the words "One hundred rupees for every one lakh rupees or part thereof" , the words " Subject to maximum of two lakhs rupees , one rupee for every hundred rupees or part thereof " shall be substituted;
(2) in article 12, for clauses (a) to (g) , the following shall be substituted , namely:-
20-1
V-Ex . 20-1
INDEX 20-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998 [ PART V
"Where the company has no share capital or nominal share capital .
Subject to minimum of one thousand rupees and maximum of five lakhs rupees , fifteen paise for every hundred rupees or part thereof.";
(3) in article 27 , after clause ( b), the following clause shall be inserted , namely:-
"(c) when original mortgage is one of the description referred to in clause (b) (i) of article 36 .
Subject to maximum of two lakhs rupees , two rupees for every hundred rupees or part thereof , for the amount of the further charge secured by such instrument . ";
(4) in article 36,
(a) for clause (b) , the following clause shall be substituted , namely:-
"(b) When possession of the property or any part of the property comprised in such deed is not given or not agreed to be given ,--
(i) in the case of such deed executed by the Industrial Undertaking in favour of any Financial Institution for borrowing loans from such Institutions
Subject to maximum of rupees two lakhs , two rupees for every hundred rupees or part thereof for the amount secured by such deed .
(ii) in any other case
Three rupees for every hundred rupees or part thereof for the amount secured by such deed. " ;
(b) the existing Explanation shall be re- numbered as Explanation I and after Explanation I as so renumbered, the following Explanations shall be inserted, namely:
"Explanation II. For the purpose of this article, the expression " Industrial Undertaking " means and includes any undertaking by a person or group of persons engaged in-
(i) the manufacture , preservation or processing of goods;
(ii) mining or development of mines;
(iii) the hotel industry;
INDEX [20-3.
PART V ]
GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998
(iv) the transport of passengers or goods by road , water , air, ropeway or by lift,
(v) the generation or distribution of electricity or any other form of energy ;
(vi) the maintenance , repair , testing or servicing of machinery of any description of vehicles or vessels or motor boats or trailers or tractors;
(vii) assembling, repairing or packing any article with the aid of machinery or energy ;
(viii) the setting up or development of an industrial area or industrial estate ;
(ix) fishing or providing shore facilities for fishing or maintenance thereof ;
(x) providing special or technical knowledge or other services for the promotion of industrial growth ;
(xi) providing weigh bridge facilities ;
(xii) the research and development of any process or product in relation to any of the matters aforesaid.
Explanation III. The expression " processing goods " includes any art or process for producing, preparing or making any article by subjecting any material to a manual , mechnical , chemical , electrical or any other like operation. ";
(5) in article 44, in clause ( 1 ) , for column ( 2) , the following shall be substituted , namely:-
"Subject to minimum of five hundred rupees and maximum of five thousand rupees , one rupee for every hundred rupees or part thereof of the amount of the capital of partnership . " ;
(6) in article 56, in clause (a) , for column (2) , the following shall be substituted , namely:-
"Subject to maximum of ten thousand rupees , one rupee for every hundred rupees or part thereof of the face amount of the debenture ." .
INDEX 20-4 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 23-7-1998
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend the Bombay Stamp Act, 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 30th June , 1998 .
VAJUBHAI VALA
Dated the 23rd July , 1998 .
By order and in the name of the Governor of Gujarat ,
KUM. H. K. JHAVERI ,
Seoretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 23rd July, 1998..
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX Extrp 21
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ]
THURSDAY, JULY, 23 , 1998 /SRAVANA 1 , 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujet Government Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :
THE BOMBAY MOTOR VEHICLES TAX (GUJARAT AMENDMENT) BILL, 1998 .
GUJARAT BILL NO . 21 OF 1998 .
A.BILL
further to amend the Bombay Motor Vehicles Tax Act, 1958.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows:-
1.(1) This Act may be called the Bombay Motor Vehicles Tax ( Gujarat Short title and Amendment) Act , 1998.
commence- ment.
(2) It shall come into force on the 1st August, 1998 .
Bom . LXV of1958.
Bfsection of 2. In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter referred Amendment to as " the principal Act ") , in section 2, after clause ( 1 ) , the following Bom . LXV of clause shall be inserted, namely : 1958.
"(1A) ' cost of vehicle ' , in relation to
21-1
V-Ex .-21-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998
21-2
(a) a vehicle manufactured in India means the ex - factory price of the vehicle as shown in the invoice of the vehicle issued either by the manufacturer or the dealer of the vehicle ; and
(b) a vehicle imported into India means value of vehicle as asses sable under the Custom's Act, 1962 and endorsed as such in the Bill of 52 of 1962. Entry under that Act; " .
3. In the principal Act , in section 3,-
Amendment ofsection3 of Bom. LXV of 1958 :
( 1 ) in sub - section (1 ) , for the words " First , Second and Third Schedules " , the words " First , Second , Third, Fourth and Fifth Schedules " shall be substituted;
(2) in the proviso, after the words " Second Schedule ", the words "or the Fourth Schedule " shall be inserted .
4. In the principal Act , in section 3A, for sub- section (4) , the follow- ing sub- section shall be substituted, namely:-
Amendment of section 3A of Bom. LXV of1958.
"(4) In calculating the amount of tax due under this section , the fraction of a rupee not exceeding fifty paise shall be ignored and the fraction of a rupee exceeding fifty paise shall be taken as a rupee. " .
5. In the principal Act , in section 4 ,-
Amendment. ofsection4 ofBom. LXV 1958
(1) in sub -section ( 1AB ) , for the words " Second Schedule or the Third Schedule " , the words " Second Schedule , Third Schedule , Fourth Schedule or Fifth Schedule " shall be substituted;
(2) for sub -section (2) , the following sub - section shall be sub- stituted, namely :
"(2) In calculating the amount of tax due under this section , the fraction of a rupee not exceeding fifty paise shall be ignored and the fraction of a rupee exceeding fifty paise shall be taken as a rupee . " .
Amendment of Bom. LXV of1958 .
6. In the principal Act, in section 5, in sub - section (1) , for the words and figure " under section 3 " ; the words " under this Act " shall be sub- stituted .
7. In the principal Act , in section 6 ,
Amendment ofsection6 of Bom, LXV of 1958 .
(1 ) in sub - section (1 ) , for the words " the tax which he appears by such declaration to be liable to pay " , the words " the tax which the Taxation Authority certifies on such déclaration to be due " shall be substituted;
(2) in sub- section (2) ,-
(a) for the words " additional tax " , the words " additional tax or a lump sum tax shall be substituted;
INDEX 21-3 PART.V. J
GUJARAT, GOVERNMENT GAZETTE ,, EX. , 23-7-1998
(b) for the words " the additional tax payable under that section , which he appears by such additional declaration to be liable to pay " , the words " an additional tax or the lump sum tax payable under that section which the Taxation Authority certifies on such declaration to be due " shall be substituted ;
(3) sub - section (5) shall be deleted.
Amendment ofBom. LXV section of1958 .
8. In the principal Act , in section 11, in sub - section (2), in clause (c), for the words " Fourth Schedule " , the words " Sixth Schedule " shall be substituted .
9. In the principal Act , after section 12, the following sections shall be inserted , namely :---
Insertion ofs new sections 12A and 12B inBom . LXV of1958 .
Restrictions on use of motor vehicles in certain cases .
" 12A . No motor vehicle used or kept for use in the State shall be used on any road in the State where the tax payable in respect of such vehicle remains unpaid for more than thirty days after it has become due under the provisions of this Act, until the tax , penalty and interest , if any , due is paid.
Power to seize and detain motor vehicle for non-pay- ment of tax.
12B. Without prejudice to the provisions of sections 12, 12A and 16 ,, where any tax due under this Act in respect of any vehicle has not been paid as specified in section 3 or section 4 , an officer not below the rank of an Inspector of Motor Vehicles or an Inspector of Police , as the State Government may empower in this behalf, seize and detain such vehicle and for this purpose , take or cause to be taken all steps as he may consider necessary for the proper maintenance and safe custody of the vehicle until the tax , penalty and interest , if any , due in respect of such vehicle and charges for the custody and maintenance of vehicle , is paid . " .
10. In the principal Act , in section 25, for the words " Fifth Schedule " , the words " Seventh Schedule " shall be substituted,
Amendment, 25 ofBom . LXV of1958 .
11. In the principal Act , in the First Schedule ,-
Amendment of First Schedule to Bom . LXV of 1958.
(1) in Part-I,
(a) for the words "Motor Vehicles using Motor Spirit ", the words "Motor Vehicles using motor spirit, compressed natural gas or 'operated by electric battery or solar energy " shall be substituted;
(b) the letter and words " A. Motor Vehicles fitted solely with
pneumatic tyres " shall be deleted;
(c) in sub - clause VII , item ( iii ) shall be deleted;
(d) clause B shall be deleted;
(2) in Part-11 , for the words "Motor Vehicles using fuel other than motor spirit ", the words "Motor Vehicles using fuel other than motor spirit " , compressed natural gas or operated by electric battery or solar energy " shall be substituted .
INDEX 21-4
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998
12. In the principal Act, in the Second Schedule ,
Amendment ofSecond Schedule ule to Bom . LXV of 1958.
(1) in Part-1,-
(a) for the words " Motor Vehicles using motor spirit " , the words "Motor Vehicles using motor spirit , compressed natural gas or operated by electric battery or solar energy " shall be substituted;
(b) the letter and words "A. Motor Vehicles fitted solely with pneumatic tyres " shall be deleted ;
(c) clause III shall be deleted;
(d) in clause IV , the words and letters " or clause III " and the words and letters " or as the case may be , clause III " shall be deleted ;
(e) in the Explanations I and II, the words and letters " and clause III " , shall be deleted;
(f) class B shall be deleted ..
(2) in Part-II , for the words " Motor Vehicles using fuel other than motor spirit ", the words "Motor Vehicles using fuel other than motor spirit, compressed natural gas or operated by electric battery or solar energy " shall be substituted . :
13. In the principal Act , in the Third Schedule ,-
Amendment of Third Schedule to Bom . LXV of 1958 .
(1) in Part I ,
(a) for the words " Motor Vehicles using motor spirit ", the words "Motor Vehicles using motor spirit, compressed natural gas or operated by electric battery or solar energy " shall be substituted;
(b) the letter and words " A. Motor Vehicles fitted solely with pneumatic tyres " shall be deleted;
(c) clause III shall be deleted;
(d) in clause IV , the words and letters " or clause III " and the words and letters " or as the case may be , clause III " shall be deleted;
(e) in the Explanations, I and II , the words and letters " and clause III shall be deleted .
(f) class B shall be deleted .
(2) in Part-II , for the words "Motor Vehicles using fuel other than motor spirit " , the words "Motor Vehicles using fuel other than motor spirit, compressed natural gas or operated by electric battery or solar energy " shall be substituted.
INDEX PARTV ]
21-5 GUJARAT GOVERNMENT GAZETTE , EX . , 23-7-1998
14. In the principal Act , after the Third Schedule , the following Schedules shall be inserted , namely :-
Inserion of new Schedules in Bom . LXV of1958 .
"FOURTH SCHEDULE
(See section 3)
Motor Vehicles ( other than transport vehicles and motor vehicles liable to tax under the Second Schedule) registered in the State of Gujarat on or after the 1st August , 1998 .
Maximum rate of Lump sum Tax (Rs. )
Part-I.- Motor Vehicles using motor spirit, com- pressed natural gas or operated by electric battery or solar energy.
Eight percent of the cost of vehicle includ- ing the trailer or camping trailer , if any.
Motor Vehicles including a trailer to carry personal effects or a camping trailer for private use , attached to such motor vehicle owned by an individual , an educational institution , a local authority , a public trust, a social welfare institution or a University:
Provided that two or more vehicles shall not be chargeable under this clause in respect of the same trailor .
Twice the rates specified. clauseA. in
B. Motor Vehicles owned by a person other than an individual , an educational institu- tion , a local authority , a public trust , a social welfare institution or a University .
C. Motor Vehicles falling under clause A or clause B and manufactured out of India and imported into India after the 31st July, 1998.
Twice the rates specified in clause A, or as the case may be, clause B.
Part II.- Motor Vehicles usingfuel other than motor spirit, compressed natural gas' or operated by electric battery or solar energy.
rates The specified in Part I plus a surcharge of fifty per cent .
Explanation I. For the purposes of this Schedule,-
(a) (i ) " educational institution " shall mean such educa- tional institution as is recognised by the State Government by order notified in the Official Gazette , in this behalf;
INDEX 21-6
GUJARAT GOVERNMENT GAZETTE , EX. , 23-7-1998
[PART V
(ii) " local authority " shall mean any municipal corpora- tion, municipality , cantonment board or panchayat constituted under any law for the time being in force in the State of Gujarat;
(iii) " public trust '' shall mean a public trust registered Bom. under the Bombay Public Trusts Act , 1950 as in force in the 650. State of Gujarat ;
(iv) " social welfare institution " shall mean any institution engaged in any activity conducive to the welfare of the general public and recognised by the State Government by order notified in the Official Gazette , for the purposes of this Schedule;
(v) " University " shall mean a university established by or under any law for the time being in force in the State of Gujarat;
59 of 1988.
Explanation II.If a motor vehicle is jointly owned by more persons than one , then notwithstanding anything contained in the proviso to sub- section ( 1) of section 41 of the Motor Vehicles Act , 1988 , such motor vehicle shall be deemed to be owned by a person other than individual .
Explanation III. For the purposes of calculating the rate of lump sum tax under this Schedule if the invoice of the vehicle , or as the case may be, the Bill of Entry as not produced , for any reason , than ,-
(1) ( i ) in case of model of such vehicle is being manufactured , the cost of vehicle certified by a local dealer or manufacturer of such vehicle;
( ii ) in case the manufacture of such model is ceased , the prevailing market price of such vehicle certified by the licensed assessor or valuer of motor vehicles . 1
(2) If the cost of vehicle could not be ascertained as per clause ( 1 ) , the prevailing cost of similar vehicle determined by the Taxation Authority, closest in engine capacity and unladen weight of the vehicle in respect of which a tax is to be levied and collected.
Explanation IV.-In calculating the cost of vehicle , if the cost of the vehicle is not in exact multiple of hundred , the fraction of a hundred not exceeding fifty rupees shall be ignored and the fraction of hundred ex- ceeding fifty rupees shall be taken as hundred rupees .
INDEX 21-7 PARTV ] GUJARAT GOVERNMENT GÁZETTE , EX . , 23-7-1998
FIFTH SCHEDULE
(See section 3)
Motor Vehicles ( other than transport vehicles and motor vehicles liable to tax under the Third Schedule) registered in any State other than State of Gujarat and brought for use or keeping for use in the State of Gujarat on or after 1st August , 1998 .
Motor Vehicles other than those described in the Third Schedules but including a trailer to carry personal effects or a camping trailer for private use, attached to such motor vehicles .
If the age of the vehicle from the month of registration is-
Rate of lump sum tax .
1.
95% of the tax .
not more than 2 years
90% of the tax .
2. more than 2 years but not more than 3 years
85% of the tax .
3. more than 3 years but not. more than 4 years
80% of the tax .
4. more than 4 years but not more than 5 years
75% of the tax .
5. more than 5 years but not more than 6 years
70% of the tax .
6 . more than 6 years but not more than 7 years
65 % of the tax .
7. more than 7 years but not more than 8 years
60% of the tax .
8. more than 8 years but not more than 9 years
55% of the tax .
9. more than 9 years but not more than 10 years
50% of the tax.
10. more than 10 years but not more than 11 years
45% of the tax .
11. more than 11 years but not more than 12 years
INDEX 21-8
[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 23-7-1998
40% of the tax .
12. more than 12 years but not more than 13 years
35 % of the tax .
13. more than 13 years but not more than 14 years
14. more than 14 years
30% of the tax .
Explanation . For the purposes of this Schedule , the expression ' tax ' means the tax leviable under the Fourth Schedule . " .
15. In the principal Act , the existing FOURTH SCHEDULE shall be Schedulevorenumbered as SIXTH SCHEDULE.
Amendment ofFourth 1958 .
16. In the principal Act , the existing FIFTH SCHEDULE shall be renumbered as SEVENTH SCHEDULE .
Amendment ofFifth Schedule to Bom. LXV of 1958.
INDEX 21-9 PART V ]
GUJARAT GOVENMENT GAZETTE, EX. , 23-7-1998
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend the Bombay Motor Vehicles Tax Act , 1958 with a view to giving effect to the Budget proposal contained in the Budget Speech made in the Assembly on the 30th June , 1998 .
Under the existing provisions of the Act , in addition to tax , surcharge is levied at the rate of fifty per centage of tax on vehicles using fuel other than motor spirit . With a view to providing incentive for the motor vehicles using compressed natural gas or operated by electric battery or solar energy which are conservative of petroleum product and reduce pollution caused by emission of smoke from certain vehicles , it is considered necessary to abolish such surcharge on the vehicles using compressed natural gas or operated by electric battery or solar energy . The Schedules are proposed to be amended to provide accordingly .
Under the existing provisions , the tax is levied on the basis of the laden and unladen weights of the vehicle . It is proposed to levy the tax on three wheelers and four wheelers motor vehicles using motor spirit , for personal use , on the ad - valorem basis .
An opportunity is also taken to amend the provisions of sections 3A and 4 of the said Act with a view to simplifying calculation and collection of tax under the Act so that fraction of rupee be rounded off to the nearest rupee . It is also proposed that in calculating the cost of vehicle ; not exceeding fifty rupees shall be ignored and exceeding fifty rupees shall be taken as hundred rupees .
The existing provisions of the said Act are found insufficient to prevent and control the evasion of tax as they do not probibit the use of motor vehicles on road even in cases where the tax due has remained unpaid . In order to prevent the evasion of tax and to have speedy recovery of tax due under the Act, it is considered necessary to prohibit the use of motor vehicles in respect of which tax , penalty or interest remains unpaid . It is also considered necessary to empower the officer not below the rank of Inspector to seize and detain the vehicle till the tax, penalty or interest is paid . Proposed new sections 12A and 12B provides accordingly .
This Bill seeks to amend the said Act to achieve the aforesaid objects .
BIMAL SHAH .
INDEX 21-10
GUJARAT GOVERNMENT GAZETTE , EX . , 23-7-1998
[PART V
MEMORANDUM REGARDING DELEGATED LEGISLATION .
This Bill involves delegation of legislative power in the following respects :-
Clause 9.- Section 12B proposed to be inserted by this clause empowers the State Govern- ment to empower an officer not below the rank of Inspector of Motor Vehicle or Inspector of Police to seize and detain the vehicle in respect of which any tax due under the Act has not been paid.
The delegation of legislative power as aforesaid is necessary and is of normal character .
BIMAL SHAH Dated the 23rd July , 1998 .
By order and in the name of the Governor of Gujarat,
KUM . H. K. JHAVERI .
Scoretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar , Dated the 23rd July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR.
INDEX REGISTERED NO . G /GNR/ 2 Extra-No . 22.
सत्यमेवजयते
The Gujarat Government Gazette EXTRAORDINARY
PUBLISHED BY AUTHORITY
FRIDAY, JULY 24 , 1998 /SRAVANA 2, 1920
VOL . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART- V.
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported).
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules:-
THE GUJARAT LOKAYUKTA (AMENDMENT) BILL, 1998.
GUJARAT BILL NO . 22 OF 1998.
ABILL
further to amend the Gujarat Lokayukta Act,1986.
It is hereby enacted in the Forty -ninth Year of the Republic of India as follows :-
Short title.
1. ThisAct may be called the Gujarat Lokayukta (Amendment) Act , 1998 .
2. In theGujarat Lokayukta Act, 1986, in section 5,after sub - section (4), 31 of the following sub- section shall be added, namely :-
Amendment ofsection5of Guj . 31 of 1986.
"(5) The salaries, allowances and pension payale to, or in respect of, Lokayukta shall be expenditure charged on the Coolidated Fund of the State.".
22-1
INDEX 2221
GUJARAT GOVERNMENT GAZETTE , EX 24-7-1998
PART V
STATEMENT OF OBJECTS AND REASONS
In order to ensure independence of institute of Lokayukta and to enable he Lokayukta to discharge his functions impartially and effectively, it is considered necessary to make provision in the Gujarat Lokayukta Act, 1986, so as to provide that the salaries, allowances and pension payable to, or in respect of, Lokayukta shall be the expenditure charged on the Consolidated Fund of the State.
Dated the 23rd July, 1998 .
KESHUBHAI PATEL
Byorder and in the name of the Governor of Gujarat,
KUM. H. K. JHAVERI.
Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department .
Gandhinagar, dated the 24th July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX Extra No. 23
REGISTERED NO . G/GNR/2
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ]
FRIDAY, JULY 24, 1998/ SRAVANA 2, 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Gorn- ment Gazette. The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT APPROPRIATION BILL, 1998 .
GUJARAT BILL NO . 23 OF 1998 .
A BILL
to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty -first day ofMarch, 1999 .
It ishereby enacted in the Forty-ninth Year of the Republic of India as follows : ---
Shorttitle.
1. This Act maybe called the Gujarat Appropriation Act, 1998 .
Withdrawal of Rs.1,20,42,85,01 000 from and out of the Con- solidated Fund of the State of financial year Gujarat for the 1998-99 .
2. From and out of the Consolidated Fund of the State of Gujarat, there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of twelve thousand forty - two crores , eighty- five lakhs , one thousand rupees towards defraying the several charges which will come in courseofpayment during the financial year 1998-99, 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.
23-1
V-Ex.-23-1
INDEX 23-2 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998 [ PART V
SCHEDULE
(See sections 2 and 3 )
Services and purposes
No. of Vote/ Appro- priation
2
1
Revenue 1 Agriculture and Co - operation Department
Revenue
2 Agriculture
Capital
Revenue 3
Cápital Minor Irrigation , Soil Conservation and Area Development
Revenue 4
Capital Animal Husbandry and Dairy Development
Revenue 5 Co -operation
Capital
Capital 6 Other expenditure pertainingto Agriculture and Co- operation Department
Revenue 7 Education Department
Revenue 8 Education
Capital
Revenue
Capital 9 Other expenditure pertaining to Education Depaytment
Revenue -10 Energy and Petro- Chemicals Department
Revenite 11 Tax Collection Charges (Energy and Petro- Chemicals Department)
INDEX
Sums not exceeding
Total:
Voted
Charged onthe Consolidated Fund
3
3,48,00,000 3,48,00,000
1,35,38,27,000
5,73,000
1,35,32,54,000
46,67,000 46,67,000
43,08,19,000
43,08,19,000
3,00,40,000 3,00,40,000
41,23,33,000 41,23,33,000
44,67,000
44,67,000
24,90,83,000 24,90,83,000
32,44,42,000 32,44,42,000
2,01,10,000
2,01,10,000
1,91,89,000 1,91,89,000
48,19,66,000 17,28,76,89,000 16,80,57,23,000
1,12,000
()1,12,000
1,81,14,000
1,81,14,000
20,81,93,000
20,81,93,000
71,97,000
71,97,000
4,40,85,000 4,40,85,000 PART V ]
GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 24-7-1998
[ 23-3
Sums not exceeding
Services and purposes
Total
Voted
No. of Vote/ Appro- priation
Charged onthe Consolidated Fund
3
2
4,05,26,67,000
Revenue
4,05,26,67,000
12 Energy Projects
4,05,71,00,000
4,05,71,00,000
Capital
Revenue
13
20,07,63,000 -
20,07,63,000
Capital
Other expenditure pertaining to Energy and Petro- Chemicals Department
4,31,08,000
Revenue
4,31,08,000
14. Finance Department
6,47,000
6,47,000
Capital
Revenue
46,08,95,000
46,08,95,000
15 Tax Collection Charges (Finance Department)
16
31,26,52,000
Revenue
1,000
31,26,51,000
Treasury and Accounts Administration..
2,66,000 4,03,91,79,000
Revenue
4,03,89,13,000
17 Pension and Other Retire- ment.Benefits :
(-)1,72,86,61,000
(-)1,72,86,61,000
1,08,34,000
66,000
1,07,68,000
Revenue Capital
18 Other expenditure pertaining to Finance Department
13,18,44,14,000
13,18,44,14,000
5,57,41,77,000
5,57,41,77,000
19 Repayment of debt pertaining to Revenue Finance Department
Capital
4,53,13,000
Revenue
4,53,13,000
20 Food, Civil Supplies and ConsumerAffairs Department
Revenue
60,52,21,000
60;52,21,000
21 Civil Supplies
2,000
2,000
Capital
9,84,70,000 22 Food
9,84,70,000
Revenue:
91,66,000
91,66,000
Capital
INDEX 23-4 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998
Services and purposes
No. of Vote/ Appro- priation
2
1
23
Revenue Capital.
Other expenditure pertaining to Food , Civil Supplies and Consumers Affairs Department
Revenue 24 Forests and Environment Department
25 Forests
Revenue Capital
Revenue
Environment
26
27
Other expenditure pertaining to Forests and Environment
Capital Department
Revenue
28 Governor
Revenue 29 Council of Ministers
Revenue 30 Elections
Revenue
Public Service Commission
31
Revenue
32 General Administration Department
Revenue 33 Economic Advice and Statistics
34
Other expenditure pertaining to Revenue General Administration
Capital
Department
Revenue 35
State Legislature
36
Capital Loaps and Advances to Governmen: Sorvants in Gujarat Legislature Secrétariat
INDEX
[ PART V
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
1,000
1,000
73,53,000 73,53,000
1,04.40,000 1,04.40,000
67,82,60,000
67,82,50,000
79,71,16,000 79,71,16,000
4,48,33,000 4,48,33,000,
1,85,13,000 1,85,13,000
1,28,94,000
1,28,94,000
2,24,50,000 2,24,50,000
6,47,57,000 6,47,57,000
2,91,83,000
1,50,91,000
1,40,92,000
14,76,53,000
14,76,53,000
6,62,06,000 6,62,06,000
1,21,46,48,000
1,21,46,48,000
88,20,000
88,20,000
3,18,000
4,69,67,000
4,66,49,000
8,23,000 8,23,000
PART V ] GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998
No. of
Vote/ Services and purposes
Appro-
priation
1 2
37 Health and Family Welfare Revenue
Department
38 Medical and Public Health Revenue
39 Family Welfare Revenue
40 Other expenditure Revenue
pertaining to Health and Capital
Family Welfare Department
41 Home Department Revenue
42 Police Revenue
43 Jails Revenue
44 Transport Revenue
Capital
45 State Excise Revenue
46 Other expenditure pertaining Revenue
toHome Department Capital
47 Industries and Mines Revenue
Department
48- Stationery and Printing Revenue
49 Industries Revenue
Capital
50 Mines and Minerals Revenue
51 Revenue
Other expenditure pertaining
to Industries and Mines Capital
Department
INDEX
[ 23-5
Sums not exceeding
Voted Charged Total
on the
Consolidated
Fund
3
2,99,10,000 2,99,10,000
5,13,60,41,000 3,02,000 5,13,63,43,000
99,98,51,000 99,98,51,000
51,55,96,000 51,55,96,000
2,84,68,000 2,84,68,000
3,05,22,000 3,05,22,000
4,49,35,23,000 2,07,87,000 4,51,43,10,000
16,39,05,000 16,39,05,000
46,73,09,000 46,73,09,000
35,00,00,000 35,00,00,000
3,60,22,000 3,60,22,000
45,02,42,000 1,34,000 45,03,76,000
25,23,54,000 25,23,54,000
1,61,90,000 1,61,90,000
28,34,42,000 28,34,42,000
1,61,18,88,000 1,61,18,88,000
34,65,17,000 34,65,17,000
10,81,43,000 10,81,43,000
、 3,47,000 3,47,000
2,72,40,000 2,72,40,000
23-6 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998
Services and purposes
No. of Vote/ Appro- priation
2
1
52
Revenue
Information, Broadcasting and Tourism Department
Revenue 53
Information and Publicity
7
Revenue 54 Tourism
Capital
55
Revenue
Capital Other expenditure pertaining to Information, Broadcasting and Tourism Department
Revenue
56. Labour and Employment Department
Revenue
57 Labour and Employment
Capital
58
Capital Other expenditure pertaining to Labour and Employment, Department
Revenue 59
Legal Department
Capital
Revenue 60 Administration of Justice
61
Revenue
Other expenditure pertaining to Legal Department
Capital
62
Revenue
Legislative and Parliamentary Affairs Department
63
Capital Other expenditure pertaining to Legislative and Parliamentary Affairs Departnient
INDEX
[ PART V
Sums not exceeding
Voted
Total
Charged on the Consolidated Fund
3
48,25,000 48,25,000
14,45,97,000 14,45,97,000
7,53,86,000 7,53,86,000
3,55,52,000 3,55,52,000
11,53,000 11,53,000
1,06,19,000
1,06,19,000
4,000
67,61,47,000 67,61,43,000
15,000 15,000
1,73,07,000 1,73,07,000
1,76,15,000 1,76,15,000
11,75,02,000
73,49,54,000 61,74,52,000
2,90,73,000 2,90,73,000
2,30,67,000 2,30,67,000
1,41,12,000 1,41,12,000
5,40,000
5,40,000
0 [23-7
GUJARAT GOVERNMENT GAZETTE , EX. , 24-7-1998
PART V ]
Services and purposes
No. of Vote/ Appro- priation
2
1
Revenue 64 Narmada Water Resources and Water Supply Department
65
Narmada Development Scheme Capital ,
66
Irrigation and Soil Conservation Revenue Capital
67
Revenue
WaterSupply
Capital
68
Revenue
Capital Other expenditure pertaining to Narmada , Water Resources and Water Supply Department
69
Revenue
Panchayats , Rural Housing and Rural Development Department
70-
Revenue
Community Development
71
Sums not exceeding
Total .
Voted
Charged on the Consolidated Fund
3
2,94,63,000 2,94,63,000
8,80,00,13,000 8,80,00,13,000
6,47,35,04,000 6,47,35,04,000
55,47,000 2,09,31,37,000 2,08,75,90,000
1,34,82,77,000 1,34,82,77,000
2,41,19,33,000 2,41,19,33,000
1,25,12,000.
1,24,30,000
82,000
18,85,30,000 18,85,30,000
2,03,79,000 2,03,79,000
82,26,67,000
82,26,67,000
66,69,86,000 2,66,30,71,000 1,99,60,85,000
1,29,67,000 1,29,67,000
Revenue,
Capital
Rural Housing and Rural Development
72 Compensation and Revenue
Assignments
73 Other expenditure pertaining Revenue
to Panchayats, Rural Housing Capital
and Rural Development
Department
74 Fisheries Revenue
Capital
75 Other expenditure pertaining Revenue
to Ports and Fisheries Capital
Department
INDEX
21,47,19,000 21,47,19,000 15,68,24,000 15,68,24,000 12,62,83,000 12,62,83,000 16,09,60,000 16,09,60,000 8,21,26,000 8,21,26,000 52,22,000 52,22,000 16,47,000: 16,47,000
23-8 ]
GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 24-7-1998
Services and purposes
No. of Vote/ Appro- priation.
2
1
76
Revenue
Revenue Department
77
Revenue
Tax Collection Charges (Revenue Department)
78
Revenue District Administration
79
Revenue Relief on Account of Natural Calamities
Revenue 80
Dangs District
Revenue Capital 81 Compensation and Assignments .
82
Revenue Capital Other expenditure pertaining to Revenue Department 、
83
Revenue
Roads and Buildings Department
84
Revenue
Non -Residential Buildings
Capital
85 Residential Buildings
Revenue Capital
86
Revenue
Roads and Bridges
Capitai
87 Gujarat Capital Construction .
Scheme
Revenue Capital
88
Revenue
Capital.
Other expenditure pertaining to Roads and Buildings Department
89
Revenue Social Welfare and Tribal Development Department
INDEX
[ PART V
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fund
3
4,72,47,000 4,72,47,000
41,09,04,000
41,09,04,000
46,67,30,000 46,67,30,000
2,26,61,33,000
2,26,61,33,000
11,46,20,000 11,46,20,000
11,51,33,000
11,62,83,000
11,50,000
4,67,000
15,34,000 10,67,000
1,000
38,92,000 38,91,000
2,53,90,000 2,53,90,000
2,98,79,000 2,98,79,000
2,50,000 1,24,64,06,000 1,24,61,56,000
66,33,64,000 66,33,64,000
15,000
49,96,93,000 49,96,78,000
19,71,85,000 19,71,85,000
3,06,35,14,000
16,24,000,
3,06,18,90,000
1,46,69,83,000 1,46,69,83,000
5,07,80,000 5,07,80,000
25,51,33,000
25,51,33,000
33,69,000
7,23,79,000
7,57,48,000
4,55,00,000 4,55,00,000
1,60,92,000
1,60,92,000 GUJARAT GOVERNALINT GAZETTE, 4. , 24-7-1998
PART V ]
No. of
Vote/
Services and púrposes
Appro-
priation
1 2
90 Social Security and Welfare Revenue
Capital
91 Welfare of Scheduled Tribe Revenue
Capital
92 Other expenditure pertaining
to Social Welfare and Tribal Capital
Development Department
93 Special Component Plan for Revenue
Scheduled Castes Capital
94 Tribal Area Sub - Pian Revenue
Capital
95 Urban Development and Revenue
Urban Housing Department
96 Urban Housing Revenue
97 Urban Development Revenue
Capital
98 Compensation , Assignment and Revenue
Tax Collection Charges
99 Other expenditure pertaining to Revenue
Urban Development and Urban Capital .
Housing Department
100 Sports , Youth and Cultural Revenue
Activities Department
101 Youth Services and Revenue
Cultural Activities
INDEX
23-9
Sums not exceeding
Voted Charged Total
on the
Consolidated
Fund
3
1,08,20,79,000 31,33,000 1,08,52,12,000
2,54,12,000 2,54,12,000
27,08,95,000 27,08,95,000
42,60,000 42,60,000
80,70,000 80,70,000
1,71,13,65,000 1,71,13,65,000
6,59,14,000 6,59,14,000
7
4,82,05,57,000 4,82,05,57,000
1,57,18,34,000 1,57,18,34,000
1,13,11,000 1,13,11,000
11,57,73,000 18,52,67,000 30,10,40,000
1,36,09,46,000 1,36,09,46,000
1,50,00,000 1,50,00,000
28,35,33,000 20,00,69,000 48,36,02,000
1,01,12,000 1,01,12,000
9,70,000 9,70,000
54,42,000 54,42,000
19,68,60,000 19,68,60,000
23-10 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998
Services and purposės
No. of Vote/ Appro- priation
2
1
102
Capital Other expenditure pertaining to Sports , Youth and Cultural Activities Department
Revenue Total :
Capital
GrandTotal:
INDEX
[ PART V
Sums not exceeding
Voted
Total
Charged onthe Consolidated Fund
3
14,53,000 14,53,000
14,90,85,47,000
75,08,10,34,000
89,98,95,81,000
24,85,86,63,000
30,43,89,20,000
5,58,02,57,000
99,93,96,97,000 20,48,88,04,000 1,20,42,85,01,000 [23-11 GUJARAT GOVERNMENT GAZETTE , EX . , 24-7-1998
PART V ]
STATEMENT OF OBJECTS AND REASONS
Article 204(1 ) of the Constitution of India requires that as soon as may be after the grants have been made by theAssembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet-
(a) the grants so made by the Assembly , and
1
(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the Statement previously laid before the Legislative Assembly.
The Bill accordingly specifies the gross amount required to meet grants made by the Assembly and the Expenditure charged on the Consolidated Fund of this State for the financial year ending on the 31st March, 1999.
Rs.
The amounts are shown below :-
89,98,95,81,000 (a) Revenue Expenditure
30,43,89,20,000 (b) Capital Expenditure
1,20,42,85,01,000
Total
VAJUBHAI VALA .
Dated the 24th July, 1998.
By order and in the name of the Governor of Gujarat ,
KUM. H. K. JIIAVERI ,
Secretary to the Government of Gujarat, Legislative and Parlininentary Affairs Departament .
Gandhinagar , dated the 24th July , 1998.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX Extra No. 24
REGISTERED NO . G/GNR/2
C
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ]
MONDAY, JULY 27, 1998 / SRAVANA 5, 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART- V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules:
THE GUJARAT SALES TAX (AMENDMENT) BILL, 1998 .
GUJARAT BILL NO . 24 OF 1998 .
ABILL
further to amend the Gujarat Sales Tax Act, 1969.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows:-
1.(1) This Act may be called the Gujarat Sales Tax ( Amendment) Act, Short title and 1998 .. commencement .
(2) It shall come into force on the 1st August, 1998.
Guj. 1
1970.
Amendment of 2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as " the 1970. principal Act " ) , in section 2,-
(1) after clause (3), the following clause shall be inserted , namely: -
"(3A) " brand" means a particular make of goods , indicated by a trademark or a mark such as symbol, monogram or label or other method, whether registered or not; " ;
(2) for clause (21 ), the following clause shall be substituted, namely:-
V -Ex . 24-1 .
24-1
INDEX 24-2 ]
[ PART V GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
"(21) " prohibited goods " means the goods described in entires 2, 4, 5 , 12, 15, 17, 19, 20, 21, 22, 25 , 27, 32, 33, 34, 35, 36, 37, 38, 40, 42, 44, 45, 46, 54, 55 and 60 in Schedule II , Part A or in entries 1 and 7 in Schedule- II , Part B and such other goods as the State Government may, from time to time , by notification in the Official Gazette, specify ," ;
(3) clauses (23) and (24) shall be deleted .
(4) in clause (25), the words and figures " or 30 " shall be deleted;
(5) in clause (26) , for the figures and letter " 15, 19A" the figures " 15 " shall be substituted;
3. In the principal Act , in section 3 , in sub -section (4) ,-
Amendment of section 3 ofGuj . Iof1970 .
(1) in clause (ii ) , for the words , brackets and figures " to whom clauses (i), (iii) and (iv) do not apply " , the words, brackets figures and letter " to whom clauses (ia) , (i) , ( iii) and ( iv) do not apply , " shall be substituted;
(2) in clause ( iii)-
(a) for the letters and figures " Rs . 75000 " , the letters and figures "Rs . 2,00,000 " shall be substituted;
(b) for item (a) , the following item shall be substituted , namely:
"(a) in the case of a dealer who is an importer to whom clause (i) does not apply and the value of any taxable goods sold or purchased by him during the year exceeds Rs . 10,000 and , the value of any taxable goods brought by him into the State or despatched to him from outside the State during the year exceeds Rs . 10,000, or" ;
(c) in item (b), for the letters and figures " Rs . 5000 " , the letters and figures " Rs . 10,000 " shall be substituted;
(d) in item (c)
(i) for the words , brackets and figure " to whom neither clause (i ) " the words , brackets , figures and letter " to whom neither clause (ia) nor clause (i ) " shall be substituted;
(ii) for the letters and figures " Rs . 5000 " occurring at two places , the letters and figures " Rs . 10000 " shall be substituted;
(3) in clause (iv) ,-
(a) for the letters and figures " Rs . 2,00,000 " , the letters and figures "Rs . 5,00,000 " shall be substituted;
(b) for the words, brackets and figures " to whom neither clause (i) " , the words, brackets , figures and letter" to whom neither clause ( ia) nor clause (i ) " shall be substituted ;
(c) for the letters and figures " Rs . 5,000 " , the letters and figures "Rs . 10,000" shall be substituted.
4. In the principal Act, in section 7 , clause ( iii) shall be deleted.
Amendment of section1970.7 ofGuj .
INDEX [24-3
GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1998
PART V ]
5. In the principal Act , in section 8 , in clause (iii ) ,
Amendment of section 8 of Guj . 1 of1970.
(1) for the words " a Licenced dealer, Recognised dealer the words " a Licenced dealer ' shall be substituted;
(2) for the words " a Licence dealer or a Recognised dealer " the words " a Licenced dealer shall be substituted.
end Amendment of section 12 ofGuj . I of1970.
6. In the principal Act , in section 12,-
(1) in clause (1) ,-
(a) in sub - clause (b ) , the word " or " occurring at the end shall be deleted;
(b) sub -clause (aa) shall be deleted;
(2) in clause (2) ,-.
(a) in sub -clause (c) , the word " or " occurring at the end shall be deleted;
(b) sub - clause (aa) shall be deleted.
Amendment section 13 ofGuj . I of1970.
7. In the principal Act , in section 13 ,-
(1) for the words " a Licenced dealer , Recognised dealer " the words " a Licenced dealer " shall be substituted;
(2) clause (B) shall be deleted;
(3) in clause (C), sub - clause ( ii ) shall be deleted.
8. In the principal Act , section 15A shall be deleted.
Deletion ofsection 15A ofGuj . I of 1970.
9. In the principal Act, in section 16, sub - section (5) shall be deleted. Amendment of section 16 ofGuj.I of1970.
Amendment of section17 of1970. Amend of Guj . 1 10. In the principal Act, in section 17 , in sub -sections ( 1) and (2) , for the figures and letters " 15A, 16, 19A" , the figures " 16 " shall be substituted;
11. In the principal Act , section 19A shall be deleted.
Deletion of section Guj . 1970.
Amendment of section 198 of Guj.1of1970.
12. In the principal Act , in section 19B , the words " or peanut " wherever they occur , shall be deleted.
of section29 ofGul. 1970. mendmen 1 13. In the principal Act , in section 29, to sub -section (3 ), the following proviso shall be added, namely:
"Provided that where an application is made under sub - section (2) by a dealer whose earlier certificate of registration is cancelled under clause (b) of sub - section (2) of section 30AA, the prescribed authority shall not
INDEX 24-4 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ PART V
register the applicant nor issue to him a certificate of registration unless the applicant furnishes the declarations or returns as required by the notice served upon him under clause (a) of sub -section (2) of section 30AA in 'relation to the cancellation of certificate of registration and makes payment of penalty, if any, imposed under sub -section (3A) of section45. " .
Deletion tion30 of
14. In the principal Act, section 30 shall be deleted.
Amendment of section of (
15. In the principal Act , section 30AA shall be renumbered as sub - section 1) of that section; and
(1) in sub -section (1) as so renumbered , in the proviso, for the words "under this section " the words " under this sub - section " shall be substituted; and
(2) after sub -section (1) as so renumbered , the following sub-sections shali be added, namely :-
"(2) (a) Where adealer does not furnish declaration or return for three ormore consecutive periods in contravention of sub - section (1) of section 40, the Commissioner shall serve on such dealer in the prescribed manner a notice requiring him on or before the date specified therein to furnish or cause to be furnished declarations or returns for the periods specified therein.
(b) Where a dealer fails to furnish declarations or returns as required by the notice served upon him under clause (a) , before the expiry of the date- specified therein , the Commissioner shall , without prejudice to any penalty leviable on such dealer under this Act, cancel the certificate of registration of such dealer:
Provided that notwithstanding the cancellation of a certificate of registration under this sub - section, the liability of the dealer shall continue in respect of any, tax, penalty or interest for any period prior to the date of the order of the Commissioner cancelling the certificate of registration .
C (3) For the purpose of cancellation of certificate of registration under sub -section (1) or clause (b) of sub -section (2), the Commissioner shall call upon the dealer to forthwith produce before him the certificate and on such production, the Commissioner shall make an endorsement of cancellation on` the certificate . " .
Amendment of section 30B Ouj . Tof 1970. I
16. In the principal Act, in section-30B, in sub -section ( 1) , for the words , figures and letter " section 29, 30or 30A" the words , figures and letter "section 29 or 30A" shall be substituted;
Deletion
17. In the principal Act, section 32 shall be deleted.
18. In the principal Act, in section 34,-
Amendment of 34 of 1996. 1
(1) the words " or Recognition " occurring at two places shall be deleted;
7
(2) for the words " Licence , Recognition " occurring at two places , the word " Licence" shall be substituted; :
(3) for the words "Authorisation , Recognition " occurring at two places, the word " Authorisation " shall be substituted .
INDEX [24-5 PART V ] GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
19. In the principal Act, in section 35 ,-
Amendment of section 35 Guj . 1 of 1970.
(1) in sub - section ( 1 ) ,-
(a) in clause (a), for the words " Licenced dealer , Recognised dealer " , the words " Licenced dealer " shall be substituted;
(b) in clause (b), sub - clause (ii) shall be deleted;
(c) in clause (c)-
(i) for the words " Licenced dealer , Recognised dealer " , the words " Licenced dealer " shall be substitued;
(ii) for the words " Licence , Recognition " the word " Licence " shall be substituted;
(d) for the words " Licence , Recognition " occurring at three places , the word " Licence " shall be substituted;
(2) in sub - section ( 2) ,-
(a) for the words " Licenced dealer, Recognised dealer " , the words "Licenced dealer " shall be substituted;
(b) for the words " Licence, Recognition " , the word " Licence " shall be substituted;
(c) for the words " Licenced dealer or Recognised dealer " , the words "Licenced dealer " shall be substituted;
(d) for the words " Licence or Recognition " , the word " Licence " shall be substituted.
20. In the principal Act , in section 37, for the words " Licence , Recogni- tion " , the word " Licence " shall be substituted.
Amendment of o Guj . 1 of 1970.
Amendment of section 39 Guj. 1 of1970.
21. In the principal Act, in section 39, for the words " Licence , Recogni- tion" occurring at two places , the word " Licence " shall be substituted.
22. In the principal Act, in section 39A, for the words " Licence , Recogni tion " occurring at two places , the word " Licence " shall be substituted.
Amendment of section 39A Guj . I of 1970 ,
Insertion of new section 418 in of 1970.
23. In the principal Act , after section 41AA, the following section shall be inserted , namely :-
Provisional assessment .
"41B. (1) Where the Commissioner has reason to believe that the dealer has evaded the tax, he may , after taking into account all relevant materials gathered by him and after giving the dealer a reasonable opportunityof being heard, provisionally assess to the best of his judgement the amount of tax payable by the dealer .
(2) The provisions of this Act shall mutatis mutandis apply to the provisional assessment as if provisional assessment were an assessment made under this Act . " .
24. In the principal Act , for section 42, the following section shall be substituted, namely; --
Substitution of section 42 ofof I of1970 .
Time limit for completion of as- sessment .
"42. (1) No order of assessement for a year commencing on the 1st day ofApril , 1998 or part of such year or any year thereafter or part of such year shall be made under sub - section (3 ) or (4) of section 41 at any time
INDEX 124-61
GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1998. [ PART V
after the expiry of three years from the end of the year in which the last monthly, quarterly or , as the case may be , annual return is filed.
(2) Where the Commissioner issues a notice under sub - section (5) of section 41 to any dealer for assessment of tax in respect of any period, no order of assessment shall be made for such part of the period , if any, as is prior to
(a) a period of eight years ending on the last date of the year immediately precoding the year in which such notice is issued, in a case where the Commissioner has reason to believe that such dealer has failed to apply for registration with intention to defraud Government revenue; and
(b) a period of four years ending on the last date as aforesaid , in any other case :
- Provided that for the purpose of this section if it is considered necessary soto do, the State Government may; subject to such conditions as it may deem fit, and the Commissioner may , subject to such conditions as may be prescribed by a general or special order , extend , either generally or specially , the period specified in sub- section (1) :
Provided further that where a fresh assessment is required to be made in pursuance of any order under section 65 , 67 or 69 or in pursuance of any order of any court or authority, such fresh assessment shall be made at any time within three years from the date of such order :
L
Provided also that in computing the period of limitation for the purpose of this section , any period by which the period of limitation is extended under the first proviso or any period during which assessment proceedings are stayed by an order or injunction of any court or authority shall be excluded. " .
25. In the principal Act , in section 45 ,
Amendment of Guj. 1 of 1970.
(1) in sub - section (3) , for the words " Licence , Recognition " the word "Licence " shall be substituted;
(2) after sub-section ( 3) , the following sub - section shall be inserted, namely :-
"(3A) If a dealer fails to furnish any declaration or any return by the prescribed data as required under sub- section ( 1) of section 40 , the Com- missioner shall impose upon such dealer by way of penalty for each declaration or return , a sum of two hundred rupees for every month or part ofamonth comprised in the period commencing from the day immediately after the expiry of prescribed date and ending on the date on which a declaration or return is furnishe .";
(3) in sub - section ( 4) , for the words and figures " as required by section 40 " , the words , brackets and figures " as required by proviso to sub - section (1) or sub -section (2) of section 40 " shall be substituted.
26. In the principal Act, in section 47,-
30 Amendment of section of Guj: 1 of1970.
(1 ) in sub- section (4 ) , in clause. (a ) ; after sub - clause ( ii ), the following sub- clause shall be inserted , namely:
INDEX PART V ]
[ 24-7 GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
"( iii) provisionally assessed for any period under section 41B less any sum already paid by the dealer in respect of such period. " ;
(2) after sub - section (4) , the following sub -section shall be inserted, namely :-
"(4AA) Where provisional assessment is made in respect of any period under sub- section ( 1) of section 41B and thereafter assessment is made in respect of that period or part of that period under section 41, the amount of tax provisionally assessed and paid by a dealer shall be adjusted against the amount of tax assessed and payable by a dealer ." .
27. In the principal Act , after section 48, the following section shall be .
Insertionofnew section 48A in 1 Guj. Iof 1970. inserted, namely:---
Provisionalat- tachment to protect revenue.
#48A. (1) Where during the pendency of any proceedings of provisional assessment or assessment of tax or reassessment of turnover escaping assessment , the Commissioner is of the opinion that for the purpose of protecting the interests of the revenue, it is necessary so to do, he may by order in writing attach provisionally any property belonging to the dealer- in such manner as may be prescribed .
(2) Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section (1):
Provided that the Commissioner may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit so however that the total period shall not in any case exceed one year. " .
28. In the principal Act, in section 57B,-
Amendment of section 57B of Guj . 1 of1970.
(1) after sub- section (3) , the following sub- section shall be inserted , namely:-
"(3A) If a person has entered into a works contract with a contractor and the contractor has entered, into a contract with a sub- contractor entrusting to the sub- contractor the carrying out of the whole or part of the work (hereinafter referred to as " the sub- contract " ) relating to the said works.contract and the contractor has at the time of payment of the specified sale price in respect of the said sub - contract to the sub- contractor deductedan amount as tax under clause ( b) of sub - section (3) and has paid the same under sub- section (6), then notwithstanding anything contained in clause (a) of the said sub- section (3) , the person shall not at the time of payment of the specified sale price to the contractor deduct an amount under clause (a) of sub-section (3) equal to the amount of tax paid by the contractor under sub - section (6) . ";
(2) insub -section (6) ,-
(i) in clause (a), for the words "within ten days from the date of deduction of the amount " , the words " in such manner and within such period as may be prescribed" shall be substituted;
(ii) in clause ( c), the following shall be added at the end, namely:-
"within thirty days from the date on which he obtains the receipt " .
INDEX GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
24-8 ]
[ PART V
29. In the principal Act, in Chapter V A, after section 57B, the following section shall be inserted, namely: ---
Insertion ofnew section Guj . 1 of 1970.
Person deducting tax to furnish return.
"57C . Every person deducting tax under section 57B shall furnish or cause to be furnished returns in such form and within such period as may be prescribed to the Sales Tax Officer within whose jurisdiction the person resides or carries on his business ." .
30. In the principal Act , in section 65, --
Amendment of section 65 of Guj . 1of1970.
(1) in sub -section ( 1 ) , in clause (b) , for the word " Commissioner " , the words "Deputy Commissioner " shall be substituted;
(2) in sub- section (2) , after the words " Assistant Commissioner " , the words " or, as the case may be, by à Deputy Commissioner " shall be inserted;
(3) in sub -section (5) , after the words " Assistant Commissioner " , where they occur at two places , the words " or , as the case may be , by the Deputy Commissioner " shall be inserted.
Amendment of section Guj . 1 of 1970.
31. In the principal Act , in section 74, in sub - section ( 1) , in clause (a ) , for the words " Licence , Recognition " , the word " Licence " shall be sub- stituted.
32. In the principal Act , in section 75, in sub - section ( 1),-
Amendment of 750 Gujo 1970. 1
(1) in clause (c), the word and figures " or 30 " shall be deleted;
(2) in clause (d) , for the words " Licence , Recognition " , the word "Licence" shall be substituted.
33. In the prinicipal Act , in Schedule I,---
Amendment of Guj . 1 of1970.
(1) in the entry at serial No. 9,-
(a) after item (15) , the following item shall be inserted , namely: -
"(15A) Heart valves " ;
(b) after item (19) , the following item shall be inserted , namely:-
"(194) Orthopaedic implants " ;
(2) for the entry at serial No. 16 , the following entry shall be substituted, namely :-
3
2
1
Cereals and pulses in all forms
"16 (i)
(
ii) Flours of cereals and pulses in all forms except Maize flour
Except when sold in sealed package under abrand " ;
(iii ) Wheat flour
INDEX [24-9 PART V ] GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
(3) in the entry at serial No. 20, in column 3, the words " except when sold in sealed package under a brand" shall be inserted;
(4) in the entry at serial No. 23, in column 2, for the words " Twenty five rupees", the words " Seventy five rupees " shall be substituted;
(5) in the entries at serial Nos . 31 and 34, in column 3 , the words " except when sold in sealed package under a brand " shall be inserted.
34. In the principal Act , in Schedule II , in Part A,—
Amendment of II Part 1970 of Guj . 1 of
(1) entry at serial No. 1 shall be renumbered as sub - entry ( i ) of that entry and after sub - entry ( i) as so renumbered, the following sub - entry shall be added , namely :-
1
3
2
4
" (ii ) Flyash of coal
Four paise in the rupee." ;
Fourpaise
in the rupee
(2) in the entry at serial No. 12, in columns 3 and 4, for the words " two paise" , the words " one paisa " shall be substituted;
(3) in the entry at serial No. 21 , in columns 3 and 4, for the words " six paise" , the words " four paise " shall be substituted;
(4) entry at serial No. 23 shall be renumbered as sub - entry ( i ) of that entryand after sub - entry (i) as so renumbered, the following sub- entry shall be inserted, namely :-
1
2
3
Oil cakes
"(ii)
Twopaise inthe rupee";
Twopaise
inthe rupee
(5) for the entry at serial No. 24, the following entry shall be sub- stituted , namely:-
1
2
3
4
"24.
Four paise
inthe rupee
Four paise inthe rupee" ;
Drilling rigs of all types and spare parts and accessories thereof
(6) the entry at serial No. 35, shall be renumbered as sub - entry (i) of that entry , and after the sub - entry ( i) as so renumbered, the following sub -entry shall be added, namely : -
3
4
1
2
"(ii) Burnt ash of lignite.
Fourpaise inthe rupee" ;
Fourpaise
inthe rupee
(7) in the entry at serial No. 43, in columns 3 and 4, for the words " Six paise", the words " Four paise " shall be substituted;
INDEX 24-10 ]
[ PART V
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
(8) in the entry at serial No. 44 , after item (viii) , the following item shall be inserted, namely:-
1
2
3
4
" ( viii - a) Empty cylinders of gas of all types .
Six paise
inthe rupee
Six paise in the rupec";
(9) in the entry at serial No. 71, in columns 3 and 4, for the words " Six paise" , the words " Four paise " shall be substituted;
(10) after the entry at serial No. 79, the following entry shall be inserted, namely:-
1
2
3
4
"79A.
Camphor
Fourpaise
in the rupee
Fourpaise in the rupee";
(11) in the entry at serial No. 85,
(i) in sub - entry ( i) , the words " other than watch cases " shall be added atthe end;
(2) after sub - entry ( ii) , the following sub - entry shall be inserted , namely: -
1
2
3
4
Watch cases
"(iii)
Fourpaise
in the rupee
Four paise in the rupee";
(12) in the entry at serial No. 88 , in column 2, for the words " Twenty five rupees" , the words " Seventy five rupees " shall be substituted ;
(13) after the entry at serial No. 100, the following entry shall be inserted, namely:-
1
2
3
4
100A. The following goods not falling under any other entry in this Schedule when sold in sealed packages under a brand
(i)
Two paise
inthe rupee
Two paise inthe rupee .
Flours of cereals and pulses on a forms other than wheat flour
(ii )
Two paise
in the rupee
Two paise in the rupee,
Powder of chillies , tamarind or turmeric or powder of any other masala.
INDEX [ 24-11 PART V ] GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
2
3
4
(iii)
Twopaise in the rupee
Two paise inthe rapee.
Farsan that isto say, eatables , ( other than sweet preparations) prepared wholly or mainly from gram or other pulses or gram flour or flour of other pulses and such preparations as the State Government may by notification in the Official Gazette specify for the purpose ofthis entry.
(iv) Fish and all sea food Two paise inthe rupee
Twopaise in the rupee ." .
(14) in the entry at serial No. 104, in sub - entry ( ii) , in columns 3 and 4, for the words " Fifteen paise " the words " Eight paise " shall be substituted.
(15) after entry at serial No. 111, the following entry shall be inserted, namely:-
2
1
3
4
"111A.
Four paise in
the rupee
Four paise in the rupee".
Hydraulicjacks fortrailors of. tractors
(16) in the entry at serial No. 113, in columns (3) and (4) , for the words "Fifteen paise" the words " Eight paise " shall be substituted;
(17) in the entry at serial No. 119, in columns 3 and 4, for the words " Four paise in the rupee " , the words "One paisa in the rupee " shall be substituted;
(18) after the entry at serial No. 133, the following entry shall be inserted, namely :---
1
2
3
4
"133A.
Peanut
Fourpaise in therupee.
Four paise in the rupee." .
(19) in the entry'at serial No. 159, in colums 3 and 4, for the words " Six paise" the words " Four paise " shall be substituted;
(20) the entry at serial No. 173 shall be renumbered as sub - entry ( i) of that entry and after sub -entry (i) as so renumbered, the following sub - entry shall be inserted, namely :-
1
2
3
4
"(ii) Saw dust
Eight paise in
the rupee
Eight paise in the rupee."
INDEX 24-12 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ PART V
(21) in entry at serial No. 184B, in columns (3) and (4), for the words "Six paise " , the words " Four paise " shall be substituted;
(22) in the entry atrial No. 195, the figures and letter " 19A " shall be
deleted.
Amendment of Schedule to Guj . I of 1970.
35. In the principal Act, in Schedule III, after the entry 18, the following entries shall be added, namely:
" 19. Heavy equipments such as cranes .
20. Telephonės.
21. Patents, trade marks and brands . " .
INDEX PART V ] GUJARAT GOVERNMENT GAZETTE, EX . , 27-7-1998 [24-13
STATEMENT OF OBJECTS AND REASONS
This Bill seeks to amend the Gujarat Sales Tax Act, 1969 with a view to giving effect to the proposals contained in the Budget speech of the Finance Minister in the Legislative Assembly on the 30th June, 1998 .
VAJUBHAI VALA .
MEMORANDUM REGARDING DELEGATED LEGISLATION
This Bill involves delegation of legislative powers ire following respects :-
Clause 2.-Clause (21) proposed to be substituted by sub- clause (2) of this clause empowers the state Government to specify by notification in the Official Gazette, any other goods as prohibited goods .
Clause 15.-New sub - section (2) of section 30AA proposed to be inserted by this clause empowers the State Government to prescribe by rules the manner in which the Commissioner shall serve notice on the dealer .
Clause 24.-The proviso to sub - section ( 2) of section 42 proposed to be substituted by this clause empowers the State Government to prescribed by rules the conditions subject to which the Commissioner may extend the period specified in sub -section ( 1) of section 42 .
Clause 28-Clause (a) of sub - section ( 6) of section 57B proposed be substituted by this clause empowers the State Government to prescribed by rules the manner and period for depositing the amount of tax in Governent treasury.
Clause 29. New section 57C proposed to be inserted by this clause . empowers the State Governmentto prescribe by rules the form and the period within which the return shall be furnished to the Sales Tax Officers .
Clause 34. Sub - entry ( iii ) of entry 100A proposed to be inserted by this clause empowers the State Government to specify by notification in the Official Gazette, any other preparation as Farsan .
The delegation of legislative powers as aforesaid is necessary and is of a normal character .
VAJUBHAI VALA Dated the 27th July, 1998 .
1
By order and in the name of the Governor of Gujarat ,
KUM. H. K. JHAVERI,
Seoretary to the Government of Gujarat, Legislativo and Parliamentary Affairs Department .
Gandhinagar, dated the 27th July , 1998 .
1 INDEX REGISTERED NO , G /GNR/2 Extra No. 25
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, JULY 27 , 1998 / SRAVANA 5, 1920
VOL . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation tobe published in the Gujarat Govern . ment Gazette. The date of publication to be reported) .
The following Bill is published with the consent of the Spea'an given sueder F proviso to rule 127A of slie Gujarat Legislative Assembly Rul
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE ) BILL, 1998..
GUJARAT BILL NO . 25 OF 1998 .
ABILL
to authorisepayment and appropriation of certain further sums from and out of the Consolidated Fund of the State ofGujarat for the services of the financial year ending on the thirty -first day ofMarch, 1984.
It ishereby enacted in the Forty-ninth Year of the Republic of India as follows :-
1. This Act may be called the Gujarat Appropriation ( Excess Expenditure ) Act, 1998. Short title.
Issue of from and out of the Consoli- dated Fund of Gujarat forthe year1983-84. the State of Rs.78,62,59,627 financial 2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those spécified in column 3 of the Schedule hereto annexed, amounting in the aggregate to the sum of seventy- eight crores , sixty- two lakhs , fifty- nine thousand, six hundred and twenty-seven rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty- first day of March, 1984 in respect of the 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 of the State of Gujarat by this Act shall be deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty- first day ofMarch, 1984.
25-1
V-Ex . 25-1
INDEX [PARTV
GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 27-7-98
25-2 ]
SCHEDULE
(See sections 2 and 3)
No. of
Services and purposes Excess Demand/ Appro-
priation
2
1
Sums not exceeding
Total
Charged
Votedby the Legislative
Assembly
onthe Consolidated Fund
3
Rs.
Rs.
Rs .
2,31,838
2,31,838
Revenue
1. Agriculture and Forests Department
62,06,931
62,06,931
Revenue
2 Agriculture
46,52,502
46,32,818 .
19,684
Revenue
5 Forests
10,44,936
10,44,936
Revenue
7
Buildings and Communications Department
5,55,34,561
5,55,34,561
Revenue
8 Non- Residential Buildings
3,19,05,008
3,19,05,008
Capital
4,17,15,179
4,17,15,179
Revenue
9 Residential Buildings
4,27,46,632
4,27,46,632
Capital
20,53,89,969 20,53,89,969
Revenue
10 Roads and Bridges
71,46,080
71,46,080
Capital
11 Gujarat Capital Construction Scheme
69,08,633
59,05,165
10,03,468
Revenue
12 Othe .Expenditure pertaining to Buildings and Communica-
tions Department
32,530
32,530
Revenue
13 Co- operation Department
53,13,360
53,13,360
Revenue
14 Co-operation
71,627
71,627
Revenue
16 Education Department
1,36,07,912
1,36,07,912
Revenue
Education
17
2,11,185
2,11,185
Revenue
18
2,54,778
2,54,778
Capital
Other Expenditure pertaining to Education Department
10,82,114
10,82,114
Revenue
20 Tax Collection Charges (Finance Department )
23
7,22,29,736
7,22,29,736
Capital
OtherExpenditure pertaining to Finance Department
25
2,12,356
2,12,356
Revenue
Food and Civil Supplies Department
9,29,759
9,29,759
Revenue.
27 Food
2,88,939
2,88,939
Revenue
31 Elections
35
2,27,936
2,27,936
Capital
Other Expenditure pertaining to General Administration Department
1,69,174
1,69,174
Revenue
38 Health and Family Welfare Department
1,25,04,682
Revenue
Medical
39
41
1,25,04,682
8,63,101
8,63,101
Capital
Public Health
114,397
1,14,397
Revenue
43 Home Department
INDEX [25-3
GUJARAT GOVERNMENT GAZETTE, EX. , 27-7-98
PART V1
No. of
Excess
Services and purposes
Demand/
Appro-
priation
2
Sums not exceeding
Total
Charged
Voted by the Legislative Assembly
on the Consolidated Fund
3
Rs .
Rs.
Rs.
10,99,137
10,99,137
Revenue
44 Tax Collection Charges (Home Department )
3,66,70,108
3,00,70,108
Revenue
45 Police
1,67,355 1,67,355
Revenue
48 Other Expenditure pertaining toHome Department
1,38,932
1,38,932
Revenue
Industries , Mines and Power Department
14,92,230
14,92,230
Revenue
52 Industries
6,31,51,305
6,31,51,305
Capital
11,38,32,838 11,38,32,838
Revenue
57 Irrigation Department
2.199
2,199
Capital
1,20,12,564
1,20,12,564
Capital
58 Other Expenditure pertaining to Irrigation Department,
2,27,641
2,27,641
Revenue
59 Labour and Employment Department
69,163
69,163
Revenue
62. Legal Department
54,56,990
53,02,085
1,54,905
Revenue
63 Administration of Justice
91,946
91,946
Revenue
64 Other Expenditure pertaining to Legal department
83,064
83,064
Revenue
Panchayats , Housing and Urban Development Department
18,840 18,840.
Capital
66 Community Development.
12,55,130
12,55,130
Revenue
67 Housing
149
Revenue
69 Compensation , Assignment and Tax Collection Charges 149
1,49,46,326
1,49,46,326
Revenue
70
8,16,970
8,16,970
Capital
Other Expenditure pertaining to Panchayats, Housing and Urban Development Department
53,082
53,082
Revenue.
71 Ports and Fisheries Department
20,78,263
20,78,263
Revenue
72 Ports
4,41,390
4,41,390
Revenue
73 Fisheries
74
15,082
15,082.
Capital
Other Expenditure pertaining to Ports and Fisheries .
Department
2,35,114
2,35,114
Revenue
75 Revenue Department
INDEX [PART V
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-98
25-4 ]
Sums not exceeding
Services and purposes
Total No. of Excess Demand/ Appro-
Votedby the Legislative Assembly
priation
Charged
on the
Consolidated
Fund
3
2
1
Rs .
Rs.
Rs .
76
Revenue
1,06,35,000
1,06,35,000
Tax Collection Charges (Revenue Department)
Revenue
28,37,692
28,37,692
77 District Administration
9,91,028
Revenue
9,91,028
79
Dangs District
80
2,01,823.
2,01,823
Revenue
Compensation and Assignments
3,30,569
Revenue
3,30,569 82 Social Welfare and Tribal Development Department
1,22,539
Revenue
1,22,539
State Excise
83
51,89,303
51,89,303
84
Revenue
Social Security and Welfare
55,35,23,835
55,48,69,396 Total
13,45,561
Revenue
23,13,90,231
23,13,69,192
21,039
Capital
Total
78,62,59,627
*78,48,93,027
13,66,600
Grand Totat
INDEX [25-5
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-98
PART V ]
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty- first day of March, 1984.
The amounts are shown below :-
Rs. 55,48,69,396 (a) Revenue Expenditure
Rs . 23,13,90,231 (b) Capital Expenditure
Rs. 78,62,59,627
Total
VAJUBHAI VALA Eted the 27th July, 1998 .
By order and in the name of the Governor of Guja
KUM. H. K. JHAVERI,
Seoretaryto the Government of Guja Legislative and Parliamentary Affairs Departm Gandhinagar , dated the 27th July, 1998 .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
INDEX Extra No. 26
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXIX ]
MONDAY , JULY 27 , 1998 / SRAVANA 5 , 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART- V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Gurerement Gazette . The date of publication to be reported) .
The folowing Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :--
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE)
(SECOND) BILL, 1998 .
GUJARAT BILL NO . 26 OF 1998 .
ABILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund ofthe State of Gujarat for the services of the financial year ending on the thirty-first day ofMarch, 1985.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows :- 2.
1. This Act may be called the Gujarat Appropriation (Excess Expenditure) Short title. (Second)Act, 1998.
Rs.52,66,84,807 from and out of theConsoli- dated Fund of the State of financial Gujarat forthe year1984-85.
2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid Issue of and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of fifty-two crores , sixty - six lakhs , eighty- four thousand , eight hundred and seven rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty- first day ofMarch , 1985 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 ofGujarat by this Act shall be deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty- first day of March, 1985.
INDEX 26-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1998-
[ PART V
SCHEDULE
(See sections 2 and 3)
Services and purposes
No. of Excess Demand/ Appro- priation.
Sums not exceeding
Total .
Votedby the Legislative Assembly.
Charged onthe Consolidated Fund.
1
2
4
Capital Animal Husbandry and Dairy Development
9
Revenue
EducationDepartment
11
Revenue Other Expenditure pertaining toEducation Department Capital
15
Revenue Pensions and other retirement benefits
20 Food
Revenue
23 Forests
Revenue
30
Revnue General Administration Department
35
Revenue
Health and Family Welfare Department
38 PublicHealth
Capital
39
Capital Other Expenditure pertaining to Health and Family Welfare Department
45
Revenue Industries , Mines and Power Department
47
Revenue
Stationery and Printing:
52
Revenue Information, Broadcasting and Tourism Department
Capital 53 Information , Publicity and Tourism
54 Tourism
Capital
57
Revenue
Irrigation and Soil Conservation
61
Other Expenditure pertaining Capital to Labour and Employment Department
62
Revenue
Legal Department
63
Revenue Administration of Justice
64
Revenue
Other Expenditure pertaining to Legal Depatment
65
Revenue Panchayats and Rural Housing Department
INDEX
3
Rs.
Rs .
Rs.
6,67,000 2
6,67,000
4,04,777
4,04,777
2,29,893 2,29,893
17,52,649
17,52,649
1,02,78,234 1,02,78,234
3,90,930
3,90,930
62,32,060
62,32,060
4,18,298. 4,18,298
5,13,903 5,13,903
55,76,069
55,76,069
19,25,274
19,25,274
1,64,551
1,64,551
35,74,909
35,74,909
86,983
86,983
4,51,151 4,51,151
1,10,334
1,10,334
10,33,52,640 10,33,52,640
2,42,859
2,42,859
1,47,302
1,47,302
60,37,514
60,37,514
1,58,778
1,58,778
2,54,724 2,54,724 [26-3
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
PART.V ]
No. of
Services and purposes
Excess Demand/ Appro- priation
2
1
Revenue
67 Rural Housing
Revenue Ports
71
Capital
Revenue
75 Tax Collection Charges (Revenue Department )
Revenue 76 District Administration,
Revenue
79 Compensation and Assignments
Revenue 81 Roads and Building Department
Revenue 82
Capital Non-Residential Buildings
Revenue 83 Residential Buildings
Capital
Revenue 84 Roads and Bridges
Capital
Capital 85 Gujarat Capital Construction Scheme
Revenue.
86
Other Expenditure pertaining to Roads and Buildings Department
Revenue 87 Social Welfare Department
Revenue StateExcise
88
Revenue 89 Social Security and Welfare
94
Capital Other Expenditure pertaining to Tribal Development Department
Tribal Area Sub Pian
Capital 95
Revenue 99 Compensation , Assignment and Tax Collection charges
Revenue Total,
Total,
Capital
Grand Total :
INDEX
Sums not exceeding
Total .
Votedby the Legislative Assembly.
Charged onthe Consolidated Furid.
3
Rs .
Rs .
Rs.
7,45,480
7,45,480
17,72,361
17,72,361
1,08,18,853 1,08,18,853
94,81,983
94,81,983
40,13,234
40,13,234
5,26,549
5,26,549
14,43,348
14,43,348
5,04,36,174 5,04,36,174
2,18,29,332 2,18,29,332
1,76,23,673 1,76,23,673
73,54,001
73,54,001
16,25,00,167 16,25,00,167
2,22,81,751 2,22,81,751
97,41,57.1
97,41,571
52,45,521
52,45,521
48,950
48,950
3,56,689
3,56,689
1,08,72,967 1,08,72,967
5,40,755
5,40,755
4,60,59,214 4,60,59,214
21,402
21,402
39,73,33,994 39,73,12,592
21,402
12,93,50,813 12,93,50,813
52,66,84,807 52,66,63,405
21,402 26-4 ] GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1998
[ PART V
STATEMENT OF OBJECTS AND REASONS
ThisBill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof, to provide for the appropriation out of the Consolidated Fund ofthe State ofGujarat of the moneys required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty - first day of March , 1985.
The amounts are shown below : -
Rs. 39.73.33.994
(a) Revenue Expenditure
Rs . 12,93,50,813
(b) Capital Expenditure
Total Rs . 52,66,84,807
VAJUBHAI VALA Daled the 27th July, 1998 .
By order and in the name of theGovernor of Gujarat ,
KUM. H. K. JHAVERL
Scorotary to the Government of Gujarat, Legislative and Parliamentary Affairs Departament .
Gandhinagar , dated the 27th July , 1998 .
GOVERNMENT CENTRAL PRESS, GANDHINAGAR .
INDEX REGISTERED NO . G/GNR/ 2 Extra No. 27
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY , JULY 27 , 1998 / SRAVANA 5 , 1920
VOL . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated to Gujacagi and the translation to be published in the trujarat. Government Gazette . The date of publication to be reported) .
The following Bili is published with the consent of the Speaker given onder the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : --
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE ) (THIRD)
BILL, 1998.
GUJARAT BILL NO . 27 OF 1998 .
A BILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State ofGujarat for the services of the financial year ending on the thirty-first day of March, 1986.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows :---
1. This Act may be called the Gujarat Appropriation (Excess Expenditure) Short title. (Third)Act, 1998.
Issue of R ,91,33,80,149 the Consoli- from and out of dated Fund of the Stateof Gujarat for the year1985-86. financial 2. From and out of the Consolidated Fund of the State ofGujarat, therethere ashall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed, amounting in the aggregate to the sum of ninty- one crores , thirty -three lakhs, eighty thousand, one hundred and forty- nine rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty- first day of March, 1986. 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 deemed to have been appropriated for the services and purposes expressed in the Schedule . in relation to the financial year ending on the thirty - first day of March , 1986.
INDEX
V-Ex .-27-1
27-1 27-2 ]
GUJARAT GOVERNMENT GAZETTE , EX. , 27-7-1998
[ PART V
SCHEDULE
(See sections 2 and 3 )
Services and purposes
No. of Excess Demand/ Appro- priation
1
2
4
Capital Animal Husbandry and Dairy Development
7 Co-operation
Capital
9
Revie Education Department
15 Pensions and other retirement benefit
Revenue
17
Capital Repayment of debt pertaining to FinarceDepartme it and its Servicing
22 Forests and Envirćament Department
Revenue
23 Forest
Revenue
29 Public Service Commission
Revenue
35
Health and Family Welfare Department
Revenue
36 Medical
Revenue
37 Family Welfare
Revenue
38 Public Health
Revenue
39
Other Expenditure pertaining to Health and Family Welfare
Department
Revenue
40 Home Department
Revenue
42 Police
Revenue
43 Jails
Revenue
44
Revenue Other Expenditure pertaining toHome Department
45
Industries , Mines and Power Department
Revenue
INDEX
Sums not exceeding
Total
Votedby the Legislative Assembly
Charged onthe Consolidated Fund
3
Rs .
Rs:
Rs .
9,50,856.
9,50,856
85,06,750
85,06,750
1,75,656
1,75,656
12,29,22,291
12,29,22,291
10,37,19,009.
10,37,19,009
88,841
88,841.
61,67,115
61,67,115
88,327
88,327
6,78,820
6,78,820
3,15,20,440
3,15,20,440
11,75,522
11,75,522
19,49,920
19,49,920
7,37,121
7,37,121
22,903
22,903
3,94,30,408
3,94,30,408
24,81,218
24,81,218
27,43,935
27,43,935
2,20,468
2,20,468 PART V ]
[27-3
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
Services and purposes
No. of Excess Demand/ Appro- priation
i
1
2.
47
Revenue
Stationery and Printing
Revenue 52 Information , Broadcasting and Tourism Department
Revenue 56 Irrigation Department
Revenue 57 Irrigation and Soil conservation
Capital
Revenue 64 OtherExpenditure pertaining to Legal Department
65 Narmada Devlopment Department
Revenue
Revenue 66 Narmada Development Scheme
68
Revenue Panchayats and Rural Housing Department
74 Ports
Revenue
Revenue 7'7 Revenue Department
Revenue 78 Tax Collection Charges (Revenue Department)
Revenue 79 District Administration
Revenue
85 Non-Residential Buildings
86
Revenue Residential Buildings
Capital
Revenue 87 Roads and Bridges
Capital
INDEX
Sums not exceeding
Total
Voted by the
Legislative Assembly
Charged on the Consolidated Fund
3
Rs.
Rs .
Rs
2,58,53,367
2,58,53,367
22,971
22,971
1,14,697
1,14,697
20,29,40,078
20,29,40,078
4,57,81,875
4,57,81,875
2,57,843
2,57,843
1,07,706
1,07,706
11,78,25,062
11,78,25,062
2,858
2,858
3,59,885
3,59,885
53,938
53,938
6,43,279
6,43,279
67,05,018
67,05,018
6,09,10,195
6,09,10,195
2,22,44,249
2,22,44,249
3,31,23,687 3,31,23,687
4,97,87,149
4,97,87,149
1,46,93,110
1,46,93,110 [ PART V
27-4]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
Sums not exceeding
Services and purposes.
Total
Charged:
No. of Excess Demand/ Appro- priation
Votedby the Legislative Assembly
onthe
Consolidated
Fund
i
2
3
Rs.
Rs.
Rs.
89
7,33,275
45,80,265
53,13,540
70,063
70,063
Revenue Capital
OtherExpenditure pertaining to Roads and Buildings Department
91
Revenue
State Excise
2,40,254
2,40,254
1,784
Re
1,784 35 Trible Development Department
2,26,410
2,26,410
Capital
37 OtherExpenditure pertaining to Trible Development Department
Revenue
100 Urban Housi
5,16,469
5,16,469
Capital
102
Revenue .
5,062
5,062 Compensation ,Assignment and Tax Collection Charges
Total :
Revenue 8,21,602
70,34,86,787
70,43,08,389
Total:
10,37,19,009
Capital
10,53,52,751
20,90,71,760
Grand Total :
10,45,40,611
80,88,39,538
91,33,80,149
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ 27-5 .
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof , to provide for the appropriation out of the Consolidated Fund of the State ofGujarat of the moneys required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty - first day of March , 1986.
The amounts are shown below :-
(a) Revenue Account
Rs. 70,43,08,389
Rs. 20,90,71,760 (b) Capital Account
Total :
91,33,80,149
VAJUBHAJ VALA Dated the 27th July, 1998 .
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Secretary to the Government of Gujarat , Legislative and. Parliamentary Affairsairs Department .
Gandhinagar, dated the 27th July , 1998 ..
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO . G / GNR/ 2
Extra No. 28
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY, JULY 27 , 1998 / SRAVANA 5 , 1920
Vol . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE)
(FOURTH) BILL, 1998 .
GUJARAT BILL NO . 28 OF 1998 .
ABILL
to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty -first day of March, 1987.
Itis hereby enacted in the Forty- ninth Year of the Republic of India as follows :---
1. This Act may be called the Gujarat Appropriation ( Excess Expenditure ) Short title . (Fourth) Act, 1998.
out of the Con- Issue 15,60,79 , 748 from and solidated Fund Gujarat for the ofthe State of year1986-87. financial 2.From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of one hundred fifteen crores , sixty lakhs , seventy- nine thousand, seven hundred and forty - eight rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty-first day of March, 1987 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 deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty- first day of March , 1987.
INDEX 28-2 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ PART V
SCHEDULE
(See sections 2 and 3) .
Sum not exceeding
Services and purposes
Total No. of Excess Demand/ Appro- priation
Votedby the Legislative Assembly
Charged onthe Consolidated Fund
1
2
3
Rs .
Rs.
Rs.
1
Revenue
Agriculture and Rural Development Department
1,89,135
1,89,135.
Animal Husbandry and Dairy Development
Revenue
1,63,646
1,63,646
Revenue
Co-operation Department
42,137
42,137
Co-operation
Capital
5,28,44,850
5,28,44,850
Other expenditure pertaining to Co-operation Departinent Capital
77,434
77,434
13
Revenue
Tax Collection Charges (Finance Department)
11,662
11,70,294
11,81,956
15 Pensions and Other Retirement Benefits
Revenue 1,03,51,858
1,03,51,858
18
Food and Civil Supplies Department
Revenue
3,50,109
3,50,109 .
19 CivilSupplies
Capital
2,30,921
2,30,921
20 Food
Capital
2,06,604
2,06,604
23 Forests
Revenue
1,24,510
1,24,510
24 Environment
Revenue
3,796
3,796
29 Public Service Commission
Revenue
1,26,582
1,26,582
36 Medical
Revenue
4,28,063
4,28,063
38 Public Health
Capital
4,89,98,775
4,89,98,775
42 Police
Revenue
1,39,68,410
1,39,68,410
43 Jails
Revenue
41,97,066
41,97,066
44
Capital
Other expenditure pertaining toHome Department
3,20,98,839.
3,20,98,839
INDEX 28-3
GUJARAT.GOVERNMENT GAZETTE , EX . , 27-7-1998
PART V ]
Services and purposes
No. of Excess Demand/ Appro- priation
2
1
Revenue 45 Industries , Mines and Energy Department
47
Revenue Stationary and Printing
48
Industries
Capital
49
Mines and Minerals
Capital
50
Energy Projects
Revenue Capital
51
Capital Other expenditure pertaining to Industries ,Mines and Energy Department
56
Revenue
Irrigation Department
57
Revenue Irrigation and Soil Conservation
Capital
58
Capital Other expenditure pèrtaining to Irrigation Department
68
Panchayats and Rural Housing Department
Revenue
73
Revenue Ports and Fisheries Department
7.4
Ports
Revenue
80
Relief on account of Natural Calamities
Revenue
81
DangDistrict
Revenue
85
Revenue
Non -Residential Buildings
86
Residential Buildings
Capital
87
Roads and Bridges
Revenue Capital
INDEX
Sum not exceeding
Total
Votedby the Legislative Assembly
Charged on the Consolidated Fund
3
Rs.
Rs .
Rs .
4,56,523
4,56,523
1,13,19,784 1,13,19,784
9,45,48,483 9,45,48,483
2,50,00,000 2,50,00,000
1,44,38,569 1,44,38,569
52,00,00,000
52,00,00,000
47,90,893
47,90,893
10,29,263
10,29,263
19,63,07,905
19,63,07,905
6,12,33,909
6,12,33,909
3,26,122
3,26,122
69,825
1,74,925
2,44,750
:
2,339
2,339
34,633
34,633
252
252
7,19,877
7,19,877
54,05,239 54,05,239
41,383
1,20,44,689
1,20,86,072
1,47,860
1,92,89,689 1,91,41,829
18,73,037 18,73,037 28-41
[ PART V
GUJARAT GOVERNMENT GAZETTE, EX . , 27-7-1998
Services and purposes
No. of Excess Demand/ Appro- priation
2
1
88
Capital Gujarat Capital Construction Scheme
Revenue
89 Other expenditure pertaining to Roads and Buildings Depatment
Revenue
95 Tribal Development Department
Capital 98 Tribal Area Sub -Plan
Revenue
Urban Housing
100
103
Capital Other expenditure pertaining to Urban Development and Urban Housing Department
Revenue
Total :
Capital Total :
Grand Total:
INDEX
Súm not exceeding
Total
Votedby the Legislative Assembly
Charged on the Consolidated Fund
3
Rs.
Rs.
Rs .
39,51,578
39,51,578
:
30,87,545
30,87,545
22,797
22,797
1,41,55,416 1,41,55,416
62,246
62,246
1,08,136.
1,08,136
28,35,48,679 27,27,78,394
1,07,70,285
87,25,31,069 87,24,89,686
41,383
1,15,60,79,748 1,14,52,68,080
1,08,11,668 28-5 GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
PART V J
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof, to provide for the appropriation out of the Consolidated Fund of the State ofGujarat of the moneys required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty- first day of March , 1987.
The amounts are shown below:---
(a) Revenue Account
Rs . 28,35,48,679 (b) Capital Account
Rs . 87,25,31,069
Total :
Rs . 1,15,60,79,748
Dated the 27th July, 1998.
VAJUBHAI VALA
By order and in the name of the Governor of Gujarat ,
KUM. H. K. JHAVERI ,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. Gandhinagar, dated the 27th July , 1998.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR,
INDEX Extra No. 29
REGISTERED NO . G/ GNR/ 2
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. XXXIX ]
MONDAY, JULY 27, 1998 / SRAVANA 5, 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .
e following Bill is published with the consent of the Speaker given under the pr iso to rule 127 A of the Gujarat Legislative Assembly Rules :-
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE )
(FIFTH) BILL, 1998 .
GUJARAT BILL NO . 29 OF 1998 .
A BILL
to authorisepayment and appropriation of certain further sums from and out of the ConsolidatedFund of the State of Gujarat for the services ofthe financial year ending on the thirty-first day ofMarch, 1988.
It is hereby enacted in the Forty-ninth Year ofthe Republic of India as follows :
1. This Act maybe called the Gujarat Appropriation ( Excess Expenditure) Short title . (Fifth) Act, 1998.
Issue of 375 from and Rs.2,90,13,43 , solidated Fund of the Con- of the State of financial Gujaratforthe year1987-88.
2. From and out of the Consolidated Fund of the State ofGujarat, there shall be paid andapplied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of two hundredIred ninety crores , thirteen lakhs , forty- three thousand, three hundred and seventy - five rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty- first day of March, 1988 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 deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty - first day of March, 1988.
V-Ex .-29-1
INDEX
29-1
4 29-2 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ PART V
SCHEDULE
(See sections 2 and 3)
Sums not exceeding
Services and purposes
Total No. of Excess Demand/ Appro- priation
Votedby the Legislative Assembly
Charged onthe Consolidated Fund
1
2
3
Rs .
Rs .
Rs.
7 Co- operation
Capital
5,29,99,610
5,29,99,610
9
Revenue
Education Department
40,365
40,365
15 Pensions and other Retirement Benefits
Revenue
16,67,28,113
16,67,28,113
16
39,38,000
Capital
39,38,000 Payment of Debt pertaining to Finance Department and its Servicing
17
Other expenditure pertaining to Finance Department
Capital 85,55,71,963
85,55,71,963
18 Civil Supplies
Revenue
3,04,404
3,04,404
20 Food
Revenue
4,89,303
4,89,303
-3
23 Forests
Revenue
25,51,531
25,51,531
31
Economic Advice and Statistics
Revenue
1,03,754
1,03,754
36 Medical and Public Health
Revenuc
1,86,54,961
1,86,54,961
40. Home Department
Revenue
2,22,996
2,22,996
41 Police
Revenue
9,60,91,166
9,60,91,166
44
Revenue
Industries , Mines and Energy
9,55,751
9,55,751
51 Information, Broadcasting and Tourism Department
Revenue
73,075
73,075
53 Tourism
Capital
66,161
66,161
55
Revenue
Irrigation Department
11,09,039
11,09,039
57
Revenue
Other expenditure pertaining to Irrigation Department
10,646
10,646
65
Narmada Development Scheme Capital. 2,03,920
2,03,920
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ 29-3
Sums not exceeding
Services and purposes
Total No. of Excess Demand/ Appro- priation
Voted by the Legislative Assembly
Charged on the Consolidated Fund
15
2
1
3
Rs.
Rs.
Rs .
66
Other expenditure pertaining to Narmada and Water Resourses Department
Capital
1,04,160
1,04,160
67
Revenue
2,34,800
Panchayats and Rural Housing
2,34,800
74
Revenue
Transport
17,42,46,852
17,42,46,852
78
Revenue
11,75,159 Tax Collection Charges (Revenue Department)
11,75,159
79 District Administration
Revenue
40,08,555
40,08,555
80 Relief on account of Natural Calamities Revenue
1,48,26,72,891
1,48,26,72,891
81 Dang District Special Area Programme Revenue
11,14,244
11,14,244
84
Revenue
31,89,328
Roads and Buildings
3.1,89,328
85
Revenue
Non-Residential Buildings
8,78,889
8,78,889
99,892
99,892
Capital
87
Revenue
Roads and Bridges
5,19,500
2,36,83,450
2,42,02,950
89
Revenue
65,61,652
65,61,652
Other expenditure pertaining to Roads and Buildings Department
91 State Excise
Revenue
7,02,192
7,02,192
97
Capital
18,74,407
18,74,407 Other expenditure pertaining to Tribal Development Department
103 Other expenditure pertaining to Urban Development and Urban Housing Department
Capital
1,62,646
1,62,646
Total :
Revenue
530,146
1,98,57,92,470 1,98,63,22,616
Total:
5,52,06,984
91,50,20,759
Capital 85,98,13,775
Grand Total :
86,03,43,921
2,04,09,99,454 2,90,13,43,375 .
INDEX 29-4]
GUJARAT GOVERNMENT GAZETTE, EX. , 27-7-1998
[ PART V
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof, toprovide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys , required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty - first day of March , 1988 .
The amounts are shown below :-
Rs. 1,98,63,22,616 .
(a) Revenue Account
Rs .
91,50,20,759
(b) Capital Account
Total Rs. 2,90,13,43,375
VAJUBHAI VALA
Dated the 27th July, 1998 .
By order and in the name of the Governor of Gujarat,
KUM. H. K. JHAVERI,
Seorotary to the Government if Gujarat, Legislative and Parliamentary Affairs Department,
Gandhinagar, dated the 27th July, 1998.
GOVERNMENT CENTRAL PRESS, GANDHINAGAR.
INDEX REGISTERED NO . G/ GNR/ 2
Extra No. 30
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
MONDAY , JULY 27 , 1998 / SRAVANA 5 , 1920-
Vol . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART- V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rüles :-
THE GUJARAT APPROPRIATION ( EXCESS EXPENDITURE )
(SIXTH) BILL, 1998 .
GUJARAT BEL NO . 30 OF 1998 .
A BILL
to authorisepayment and appropriation of certain further sums from and out of the Consolidated Fund of the State ofGujarat for the services of the financial year ending on the thirty -first day of March, 1991.
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows:-
1. This Act maybe called the Gujrat Appropriation (Excess Expenditure) Short title. (Sixth) Act , 1998.
Issue ofRs . theConsoli- the State of 1,50,59,14,641 from and out of dated Fund of Gujarat for the financial year 1990-91.
2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of one hundred fifty crores , fifty- nine lakhs , fourteen thousand, six hundred and forty - one rupees towards defraying the several charges which have come in course payment during the financial year ending on the thirty - first day of March, 1991 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 deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty - first day of March , 1991 .
30-1
V-Ex.30-1
INDEX 30-2 ] .
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
[ PART V
SCHEDULE
(See sections 2 and 3)
Services and purposes No. of Excess Demand/ Appro- priation
Sum not exceeding
Total Voted by the Legislative Assembly
Charged on the Consolidated Fund
2
1
3
Revenue Minor Irrigation and Soil Conservation and Area Development
4
Revenue Animal Husbandry and Dairy Development
Capital
6
Co - operation
Capital
9 Education
Capital
14
Revenue Pensions and Other Retirement Benefits
1.9 Food
Revenue
Capital
22 Forests
Revenue Capital
37
Water Supply
Revenue
39
Home Department
Revenue
40 Police
Revenue
41 Jails
Revenue
42
Transport
Revenue
43
Capital Other Expenditure pertaining to Home Department
46
Revenue Stationery and Printing
48
Mines and Minerals
Revenue
INDEX
3
Rs.
Rs.
Rs .
95,16,899
95,16,899
36,54,297
36,54,297
39,32,000
39,32,000
5,72,06,599
5,72,06,599
*70;65,820
70,65,820
8,98,54,138
8,98,54,138
3,95,988
3,95,988
:
17,585.
17,585
47,95,738
47,95,738
18,29,981
18,29,981
5,50,547
5,50,547
8,03,000
8,03,000
1,98,21,842
1,98,21,842
4,022-
4,022
47,29,45,022
47,29,45,022
1,25,90,317
1,25,90,317
3,08,61,921
3,08,61,921
8,52,823
8,52,823 PARTV ]
[ 30-3
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
Services and purposes
No. of Excess Demand/ Appro- priation
2
1
49 EnergyProjects
Revenue Capital
Capital 50 Other expenditure pertaining to Industries , Mines and Energy Department
-Capital Tourism
53
Revenue 54 Other, expenditure pertaining to Information, Broadcasting and Tourism Department
Revenue 55 Labour and Employment Department
:
62
Capital Narmada Development -Scheme
Revenue 63 Irrigation and Soil Conservation
64
Revenue Other expenditure pertaining to Narmada and Water Resourses Department
65
Revenue Panchayats and Rural Housing Department
Revenue 67 Rural ,Housing
69
Capital Other expenditure pertaining to Panchayats and Rural Housing Department
Revenue 72 District Administration
Revenue 74 DangsDistrict
INDEX
Sum not exceeding
Total
Voted by the Legislative Assembly
Charged on the Consolidated Fund
3
Rs.
Rs.
Rs.
2,01,573
2,01,573
11,99,99,000 11,99,99,000
5,42,093
5,42,093
27,18,021
27,18,021
49,031
49,031
19,18,79,017 19,18,79,017,
10,87,08,164 10,87,08,164
3,61,574 3,61,574
1,26,857
1,26,857
2,51,94,502
2,51,94,502
32,50,970
32,50,970
86,12,379
86,12,379
36,28,965
36,28,965 30-4 ]
GUJARAT GOVERNMENT GAZETTE , EX . , 27-7-1998
Services and purposes No. of Excess Demand/ Appro- priation
1
2
Revenue 75 Compensations and Assignments
Capital
77 Roads and Buildings Department
Revenue
78
Non- Residential Buildings Revenue
80
Roads and Bridges ,
Revenue Capital
Revenue 83 Other expenditure pertaining to Roads and Buildings Department
86
Social Security and Welfare Revenue
87 Welfare of Scheduled Tribes Capital
Revenue 89 Special Component Plan for Scheduled Caste
Capital
91
Urban Development and Urban Housing Department Revenue
92 Urban Housing
Revenue
93 Urban Development
Capital
Total :
Revenue
Total :
Capital
Grant Total :
INDEX
[ PART V
Sum not exceeding
Total
Voted by the Legislative Assembly
Charged on the Consolidated Fund
3
Rs .
Rs .
Rs .
25,361
25,361
5,14,487
5,14,487.
46,54,965
46,54,965
12,19,270
12,19,270
19,89,67,472
19,89,67,472
8,64,94,251
8,64,94,251
12,42,498
12,42,498
88,94,974
88,94,974
8,01,896
8,01,896
4,03,064
4,03,064
1,11,75,263
1,11,75,263
61,692
61,692
2,763
2,763
44,86,000
44,86,000
3,86,935
99,87,42,427
99,91,29,362
5,14,487
50,62,70,792
50,67,85,279
9,01,422
1,50,50,13,219
1,50,59,14,641 [30-5 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 27-7-1998
PART V ]
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 205 of the Constitution of India read with article 204 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the excess expenditure incurred on certain services and purposes during the financial year ending on the thirty - first day of March, 1991 .
The amounts are shown below :
Rs . 99,91,29,362 (a) Revenue Account
Rs . 50,67,85,279 (b) Capital Account
Rs . 1,50,59,14,641
Total
VAJUBHAI VALA Dated the 27th July, 1998.
By order and in the name of the Governor of Gujarat ,
KUM . H. K. JHAVERI ,
Scoretary to the Government of Gujarat , Legislativo and Parliamentary Affairs Departemont .
Gandhinagar , dated the 27th July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX Extra No. 31
REGISTERED NO . G/ GNR/ 2
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , JULY 28 , 1998 / SRAVANA 6 , 1920 VOL . XXXIX ]
Separate paging is given to this Part in order that it may be filed as a Separate Compilation .
PART - V
Bills introduced in the Gujarat Legislative Assembly.
(To be translated into Gujarati and the translation to be published in the Gujarat Govern- ment Gazette . The date of publication to be reported) .
The following Bill is published with the consent of the Speaker given under the proviso to rule 1274 of the Gujarat Legislative Assembly Rules :--
THE GUJARAT SALARIES AND ALLOWANCES OF MEMBERS, SPEAKER AND DEPUTY SPEAKER OF THE GUJARAT LEGISLATIVE ASSEMBLY, MINISTERS AND LEADER OF THE OPPOSITION LAWS (AMENDMENT) BILL, 1998 .
GUJARAT BILL NO . 31 OF 1998 .
ABILL
further to amend the Laws relating to salaries and allowances of Members , Speaker and Deputy Speaker of the Gujarat Legislative Assembly, Ministers and Leader of the Opposition .
:
It is hereby enacted in the Forty -ninth Year of the Republic of India as follows:-
commencement. Shoreniemand 1. ( 1 ) This Act maybe called the Gujarat Salaries and Allowances of Members , Speaker and Deputy Speaker of the Gujarat Legislative Assembly, Ministers and Leader of the Opposition Laws (Amendment) Act, 1998 .
(2) It shall come into force on the 1st August, 1998 .
2. The enactments specified in column 2 of the Schedule shall be amended Amendment of to the extent and in the manner specified in column 3 of the said Schedule. certain enact- ments.
1
31-1
V- Ex . 31-1
INDEX 31-2
GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
[PART V
SCHEDULE
(See section 2)
7
Extent ofAmendments .
No.. Name of the enactment
3
2
1
Y
section
3,-
1.
1. In : (1) in sub -section ( 1) , for the figures " 750 " , the figures " 1,500" shall be substituted ; ..
The Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960 (Guj . II of 1960)..
(2) in sub -section (2), for the figures "750 " , the figures " 1,500 " shall be substituted.
2. In section 4, in clauses (a) and (b) , for the figures " 100 " , the figures " 150" shall be substituted.
3. In section 5B,-
(1) for the words " first class or any other. classthe fare for which does not exceed that for the first class " , the words " first class or by second class air conditioned" shall be substituted;
(2) in the proviso,-
(a) for the words " or any one other mem- ber " wherever they occur , the words " and two other members " shall be substituted ;
(b) for the figures " 7500" and " 15,000" , the figures " 10,000 " and " 20,000 " shall be substituted respectively ;
(3) in the Explanation, for the words " or any one other member " wherever they occur, the words " and two other members " shall be substituted .
4. In section 6 ,-
(1) in sub-section (1) , for the words " be provided with one free non-transferable pass entitling him " , the words "on the production of identity card, be entitled" shall be substituted;
(2) in sub -section (2), for the words "such pass", thewords " such identity card" shall be substituted;
(3) in sub -section (3) , in the proviso , for the words " or any one other member " , the words " and two other members " shall be substituted .
INDEX ६
31-3 GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
PART V ]
3
2
1
5. After section 6, the following section shall be inserted, namely:-
Travel facilities byair.
"6AB. Any member may undertake or per- form journey alongwith co- traveller by air from the nearest airport from his residence to and fro Delhi on three occasions in each year:
Provided that difference between the fare for journeyby air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the member . " .
6. In section 6AA,-
(1) for the words " or any one other mem- ber", the words " and two other members " shall be substituted;
(2) for the words " spouse or the mem- bers " , the words " spouse and the mem-, bers " shall be substituted.
7. In section 6A, in sub -section (2), for the figures " 1200" , the figures " 3,000 " shall be substituted.
8. In section 8,-
(1) in sub -section (2) , for the figures "600", the figures " 2,400 " shall be sub- stituted;
(2) in sub -section ( 5A) ,
(a) for the figures "400" , the figures "1,600".shall be substituted ;
(b) for the words " postal charges " , the words "postal and stationery charges " shall be substituted.
9. In section 9 ,-
(1) after the words " Deputy Speaker " occuring at twoplaces , the words " Leader of the Opposition " shall be inserted;
(2) in the marginal note, after the words "Deputy Speaker " , the words " Leader of -the Opposition " shall be inserted.
1. Insection 3, for the figures " 2500 " , the figures "4,500 " shall be substituted,
2. The Gujarat Legislative Assembly (Speaker and Deputy Speaker) Salaries and Allowances Act, 1960 (Guj . III of 1960).
INDEX S- 18 4 CAD TH
31-4
[PART.V GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
2
1
3
2. In section 3A, for the figures " 1000 " , the figures "3,500 " shall be substituted.
3. In section 5, in sub -section (2), for the figures " 1500 " , the figures " 3,000" shall be substituted .
4. After section 6A, the following sec- tions shall be inserted, namely :-
Free fransit by railway.
:
"6AA . The Speaker and the Deputy Speaker shall be provided with facilities which shall entitle them at any time to travel by first class or by second class air conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be prescribed in that behalf :
Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by the Speaker or as the case may be, by the Deputy Speaker singly or jointly with his spouse and two other members of his family residing with and dependent on him , so however, that the total distance so travel- led by the Speaker or, as the case may be, the Deputy Speaker singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the Speaker or , as the case may be, the Deputy Speaker and his spouse and two othermembers of his family residing with and dependent on him in any year does not exceed 20,000 kilometres .
Explanation. For the purpose of cal- culating the number of kilometres travelled by the Speaker or , as the case may be, the Deputy Speaker jointly with hisspouse and two other members of his family residing with and dependent on him, outside the State of Gujarat, the number of kilometres travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately .
Free transit by air.
" 6AB. The Speaker and the Deputy. Speaker may undertake or perform jour- ney along with co - traveller by air from the nearest airport from his residence to and fro in any part of India on three oc- cassions in each year :
Provided that difference between the fare forjourneyby air and the fare for journey by railway by first calss or by second class air conditioned, whichever is higher , shall be.borne by the Speaker or, as the case may be , by the Deputy Speaker. " .
INDEX PART V] GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
31-5
2
1
3
5. In section 6B, -
(1) in sub -section (1) , for the words " a telephone installed" , the words " telephone facilities " shall be substituted ;
(2) in sub-section (2) , for the words "telephone installed" , the words " telephone facilities provided" shall be substituted .
6. In section 7A , for the figures " 30,000 " , the figures " 60,000 " shall be substituted.
7. In section 10 , for the figures " 2300 " , the figures " 4,500 " shall be substituted .
8. In section 10A, for the figures " 1000 " , the figures " 3,500 " shall be substituted .
9. In section 12A,
(1). in sub -section ( 1) , for the words " a telephone installed" , the words "telephone facilities " shall be substituted;
(2) in sub -section (2) , for the words "telephone installed" , the words "telephone facilities provided " shall be substituted.
10. In section 12C, in sub- section (3) , for the figures " 1500 " , the figures " 3,000 " shall be substituted .
3.
1. In section 3 , for the figures " 2500 " and figures " 2300" , the figures " 4,500" shall be substituted.
The Gujarat Ministers ' Salaries and Allowances Act , 1960 (Guj . VI of 1960).
2. In section 3A, for the figures " 1000 " , the figures " 3,500 " shall be substituted .
3. In section 5, in sub - section (2), for the figures " 1500 " , the figures "3,000 " shall be substituted .
4. In section 6, for the figures " 2100 " , the figures " 4,500 " shall be substituted.
5. In section 6A, for the figures " 1000 " , the figures " 3,500" shall be substituted .
6. In section 8 , in sub - section (2), for the figures " 1500 " , the figures " 3,000" shall be substituted .
7. After section 9A, the following sec- tions shall be inserted, namely :-
INDEX 31-6
GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998
[ PART V. 1
2
3
Free transit by railway .
"9AA . Every Minister and Deputy Minister shall be provided with facilities which shall entitle them at any time to travel by first class or by second class air. conditioned by railway in any part of India in such manner and subject to such conditions as may by rules or orders be presecribed in that behalf:
Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a Minister or, as the case may be , a Deputy Minister singly or jointly with his spouse and two other members ofhis family residing with and dependent on, him , so however, that the total distance so travelled by the Min- ister or , as the case may be , the Deputy Minister singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the Minister or , as the case may be, the Deputy Minister and his spouse and two othermembers of his family residing with and dependent on him in any year does not exceed 20,000 kilometres .
Explanation . For the purpose of cal- culating the number of kilometres travelled by a Minister or , as the case may be , a Deputy Minister jointly withhis spouse and two other members of his family residing with and dependent on him, outside the. State of Gujarat , the number of kilometres travelled by him and by his spouse and two other members ofhis familyresiding with and dependent on him shall be counted separately.
Free transit by air.
9AB . Every Minister and the Deputy Minister may undertake or perform jour- ney alongwith co -traveller by air from the nearest airport from his residence to and fro inanypartof India on three occassions ⚫in each year : :
Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Minister or, as the case maybe, the Deputy Minister ." .
8. In section 9B,-
(1) in sub -section (1) , for the words "a telephone installed" , the words "telephone facilities " shall be substituted;
INDEX 31-7
28-7-1998.-
GUJARAT GOVERNMENT GAZETTE , EX . ,
FART VJ
1
2
4. The Gujarat Legislative Assembly (Leader . ofthe Opposition) Salaries and Allowances Act , 1979 (Guj . 16 of1979).
3
(2) in sub -section (2) , for the words "a telephone installed" , the words "telephone facilities provided " shall be substituted.
9. In section 11, for the figures " 75,000 " , the figures " 1,50,000 " shall be sub- stituted.
1. In section 3, for the figures " 2500 " , the figures " 4,500 " shall be substituted . 2. In section 3A, for the figures " 1000 " , the figures " 3,500 " shall be substituted.
3. Insection 5, in sub- section (2), for the figures " 1500 ", the figures " 3,000 " shall be substituted .
4. In section 8, in sub -section (2 ), for the figures " 200 " , the figures " 500 " shall be substituted.
5.After section 8, the following section shall be inserted, namely :---
Free transit by railway.
INDEX
" 8A . The Leader of the opposition shall be provided with facilities which shall entitle him at any time to travel by first class or by second class airconditionedby railway in any part of India in such man- rier and subject to such conditions as may by rules or orders be prescribed in that behalf:
Provided that such - travel by railway in any part of India outside the State of Gujarat may be availed of by the Leader of the Opposition singly or jontly with his spouse and two other members of his family residing with and dependent on him, so however, that the total distance so travelled by the Leader of the opposition singly in any year does not exceed 10,000 kilometres and the total distance so travelled jointly by the leader of the Op- position and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres .
Explanation. For the purpose of cal- culating the number of kilometres travelled by the Leader of the Opposition jointly with his spouse and two other members of his family residing with and dependent on him , outside the State of Gujarat, the number of kilometres travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted seperately ..
31-8
GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
[ PART V
1
2
3
transit
Free by air.
8B. The Leader of the Opposition may undertake or perform journey alongwith co-traveller by air from the nearest airport from his residence to and fro in any part of India on three occassions in each year:
Provided that difference between the fare for journey by air and the fare for journey by railway by first class or by second class air conditioned, whichever is higher, shall be borne by the Leader of the Opposition . " .
INDEX 31-9 PART V ]
GUJARAT GOVERNMENT GAZETTE, EX . , 28-7-1998
STATEMENT OF OBJECTS AND REASONS
Salaries and allowances of the members of the Gujarat Legislative Assembly are not increased since 1992, inspite of the fact that thereafter there is rise in the cost of living and also in the telephone and postal charges. The Committee on Rules for the Member Allowances ( Ninth Gujarat Legislative Assembly) has recom- mended to increase their salaries and allowances payble under the provisions of the Gujarat Legislative Assembly Members ' Salaries and Allowances Act, 1960. It is ; therefore, considered necessary to increase the amount of salary from Rs . 750/- to Rs . 1500/ - , consolidated allowances from Rs . 750/-to Rs . 1500, the postal charges from Rs . 400/- to Rs . 1600/- per month and the amount towards telephone charges from Rs . 1200/- to Rs . 3000/- per month, the amount towards cost of services of Personal Assistant from Rs . 600/-to Rs . 2400/ per month and the amount of daily allowance from Rs . 100/- to Rs . 150/- .
Under the existing provisions of the said Act , a member is entitled to travel by railway by first class in the State of Gujarat. He is also entitled to travel by railway by first- class in any part of India alone as well as with his spouse or any othér member of his family upto the limit of 15,000 kilometres and if he travels alone he can travel not exceeding 7,500 kilometres . It is proposed to increase such limit from 7,500 to 10,000 kilometres and from 15,000 to 20,000 kilometres.It is also proposed to make them entitled to travel with his spouse and two other family members.
At present a member is provided one free non -transferable pass for travelling by Road Transport Service in any part of the State ofGujarat . Looking to the status of the member, it is proposed to entitle the members to travel on production of his identity card instead of production of pass .
It is proposed to entitle a member to travel alongwith the co - trayeller by Air from the nearest Airport from his residence to and fro Delhi on three occassions in a year . However , difference between the fare for journey by railway first class , orair - conditioned second class , whichever is higher , is to be borne by the member ..
It is proposed to amend the said Act to provide accordingly.
Under the existing provisions of the relevant laws , the salary is payable of Rs . 2500/- to the Speaker , Minister and the Leader of Opposition , Rs . 2300/- to the Deputy Speaker and Minister of State, and Rs . 2100/- to the Deputy Minister . It is proposed to revise their salary to Rs . 4500/- . It is also proposed to increase the consolidated allowances payable to them from Rs . 1000/- to Rs . 3500/- and the conveyance allowances from Rs . 1500/- to Rs . 3000/- .
It is further proposed to entitle them to travel alongwith the co-traveller by Air to and fro in any part of India on three occassions in a year . However, they have to pay the difference between the fare for journey by air and fare for journey by railway by first class or by air - conditioned second class, whichever is higher .
It is also proposed to entitle them to travel in any part of India upto 20,000 kilometres with his spouse and two other family members by railway by first class orby air - conditioned second class .
INDEX 31-10
[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
The postal charges payable to the Leader of the Opposition is also proposed to be increased from Rs . 200/- to Rs . 500/- .
This Bill seeks to amend the laws relating to salaries and allowances of the Members, the Speaker and the Deputy Speaker of the Gujarat Legialative As- sembly and also the Ministers and Leader of the Opposition in order to achieve the aforesaid objects .
SURESHCHANDRA MEНТА
INDEX PART V ]
31-11 GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
FINANCIAL MEMORANDUM
The provisions of the Bill if enacted and brought into operation would involve an estimated annual expenditure of approximately Rs . 1,38,00,600/- from the Consolidated Fund of the State. The aforesaid annual expenditure would be of a recurring nature .
SURESHCHANDRA MEHТА
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 2.-( i ) New section 6AA proposed to be inserted in the Gujarat Legislative Assembly (Speaker and Deputy Speaker ) Salaries and Allowances Act, 1960 empowers the State Government to make rules providing the manner and conditons on which the Speaker and Deputy Speaker may be provided facilities to travel by railway in any part of India .
(ii) New section 9AA proposed to be inserted in Gujarat Ministers ' Salaries and Allowances Act, 1960 empowers the State Government to make the rules providing the manner and conditions on which the Ministers may be provided facilities to travel by railway in any part of India.
(iii) New section 8A proposed to be inserted in the Gujarat Legislative Assembly Leader of Opposition) Salary and Allowances Act , 1979 empowes the State Government to make the rules providing the manner and conditions on which the Speaker and Deputy Speaker may be provided facilities to travel by railway in any part of India.
SURESHCHANDRA МЕНТА Dated the 28th July , 1998 .
By order and in the name of the Governor of Gujarat ,
KUM. H. K. JHAVERI,
Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department .
Gandhinagar , dated the 28th July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/ 2 Extra No. 32
सत्यमेव जयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ] TUESDAY, JULY 28 , 1998 / SRAVANA 6, 1920
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART - V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 28th July, 1998 by Shri MAHENDRA MASHRU , M. L. A. is Published under Rule 127-A of the Gujarat Legislative Assembly Rules for general information .
GUJARAT BILL NO . 32 OF 1998 .
THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS ' PENSION (REPEAL) BILL, 1998 .
ABILL
to repeal the Gujarat Legislative Assembly Member's Pension Act, 1989.
It is hereby enacted in the Forty- Ninth year of the Republic of India as follows
1. (1) This Act maybe called the Gujarat Legislative Assembly Members ' Pension (Repeal) Act , 1998.
Short title and Commence- ment .
(2) This Act shall be deemed to have come into force on the 8th August , 1989 . 1. e. the date on which the Gujarat Act No. 18 of 1989 has come into force.
Repeal of Gui 18 of1989.
2.The Gujarat Legislative Assembly Members ! Pension Act 1989 (Gujarat Act No. 18 of 1989) is hereby repealed.
32-1
V-Ex-32-1
INDEX 32-2 ]
GUJARAT GOVERNMENT GAZETTE, EX . , 28-7-1998
[ PART V
STATEMENT OF OBJECTS AND REASONS
The Pension Act provides for giving pension to all Members of the Gujarat Lagislative Assembly who have served as a Member for one or more terms , It does not make any exception and all Members are entitled to receive the pension irrespective of their financial condition . Members are joining public services on their own . Nobody is compelling them to join the public service and contest the election . Hence this bill .
MAHENDRA MASHRU , M.L.A.
Gandhinagar , Dated 6th July , 1998.
K. M. PANCHAL,
Secretary.
Gandhinagar , Dated 28th July , 1998 .
Gujarat Legislative Assembly.
Government Central Press , Gandhinagar ..
INDEX REGISTERED NO. G/GNR/2.
Extra No. 33
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol . XXXIX ]
TUESDAY, JULY 28 , 1998/ SRAVANA 6 , 1920
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART V
Bill introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 28th July, 1998 by Shri DOLATBHAI PARMAR is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information :-
GUJARAT BILL NO. 33 OF 1998.
THE GUJARAT RESERVATION OF VACANCIES IN POSTS AND SERVICES (FOR SCHEDULED CASTES AND SCHEDULED TRIBES ) BILL, 1998 .
A BILL
to provide for adequate representation of Scheduled Castes and Scheduled Tribes in posts and services under the State .
It is hereby enacted in the Forty ninth year of the Republic of Intlia as follows :-
1. (7) This Act may, be called the Gujarat Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act , 1998.
(2) It extends to the whole of the State of Gujarat .
Short title, extent and commen cement:
(3) It shall come into force on such date as the State Government may, by notifi cation in the Official Gazette , appoint .
2. In this Act , unless the context otherwise , requires ,-.
Delint tions.
(a) "Prescribed" means prescribed by rules made under this Act,
33-1
V-Ex.-33-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
33-4
(6) "recruitment year" means the financial year during which a recruitment is actually made.
(c) "reservation" means reservation of vacancies in posts and services for the Scheduled Castes and Scheduled Tribes .
(d) "Scheduled Castes" shall have reference to the Scheduled Castes specified in the Constitution (Scheduled Castes) Order , 1950 made under Article--341 of the Constitution of India and as amended from time to time.
(e) " Scheduled Tribes " shall have reference to the Scheduled Tribes specified in the Constiution (Scheduled Tribes ) Order , 1950 madę, under Article 342 of the Constitution of India and as amended from time to time .
(f)."Select list " means the list of candidates arranged in order of precedence prepared according to the rules and orders issued by the State Government in that behalf and adopted by the competent authority or making appointment in respect of initial recruitment and promotions.
(9) "State" means the Government of the State of Gujarat.
3. This Act shall apply to
Appli bability
(1) All appointments to the posts and services under the State except,
(a) those meant for conducting or guiding or directing research;
(5) those classified as scientific posts ;.
(c) those filled up on the basis of any contract ;
(d) ex-cadre posts ;
(4) those which are filled up by transfer or deputation ;
(f) such other posts as the State Government may, from time to time by order specify:
Provided that all orders made under clause (f) shall, as soon as after they are made, be luid before the State Legislature for not less than thirty days which may be comprised in one or more sessions,
(2) all appointments to the district level posts,
(3) all appointments in the Panchayats , Boards and Corporation constituted by the State Government .
(4) all appointments in institution 'aided by the State Government .
(5) all other appointments , which the State Government may specify from time to time.
4. (1) Except as otherwise provilt in this Act , the vacancies reserved for the Scheduled Castes and the Sche luled Tribes shall not be filled up by candidates not belonging to the Scheduled Castes and Scheduled Tribes .
Reserva tion and porcen tage thereof.
(2) The re'ervation of vacancies in posts and services shall be a such percen- tage of the total number of vacancies as the State Government may, from time to time by order determine;
INDEX GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 28-7-1998
PART V
Provided -that-
(a) in the case of initial recruitment the percentage so determined shall, in no case be less than the percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes as the case may be , in the total population of the State,
(6) in the case of initial recruitment the district level posts , the percentage so determined shall , in no case be less than the percentage of the persons belonging to the Scheduled Castes or the Scheduled Tribes as the case may be ,be , in the total population of that district and in no case be less than the percentage of persons belonging to the Scheduled Castes or the Scheduled Tribes as the case may be, in the total population of the State ..
(c) save as otherwise provided in this Act , in the case of appointment byway of promotions the percentage of reservation shall be such as is laid down in para- graphs (a) and (b ) . ?
Explanation . The expression " population" means the population as ascertained at the last census for which the relevant figures have been published.
Model Roster.
5. ( 1) The State Government shall prescribed model roster indicating the number . of vacancies to be reserved for eth Scheduled Castes and Scheduled Tribes and the number of vacancies to be left unreserved.
:
(2) The appointing authorities shall maintain roster in the prescribed form.
(3) The roster shall be consulted for ascertaining the number of reserved vacancies only but the appointment shall be made in accordance with the order of precedence as shown in the select list .
6. If, in any recruitment year, the number of candidates either from Scheduled Castes or Scheduled Tribes is less than the number of vacancies reserved for them the remaining - vacancies may be filled up by general candidates after dereserving the vacancies in the prescribed manner , but the vacancies so dereserved shall be carried. forward to the subsequent three years of recruitment.
Carry forward of reserva- tion and dereserva tion.
7. For initial appointments for the candidates belonging to Scheduled Castes and Scheduled Tribes.-
Relaxa- tion and conce- ssions .
(a) the upper age - limit prescribed for recruitment shall be relaxed by five years .
(b) fee prescribed for application for any post shall be one fourth of what it is for others.
(c) travelling allowance to attend competitive written examination and oral interview shall be paid at such rates as may be prescribed by the State Government-
E
(d) percentage of passing the competitive and departmental examinations shall be relaxed by 5 percent .
Manner of initial recruit- ment.
8. (1) For recruitment through employment exchange the number of vacan-- cies reserved for Scheduled Castes and Scheduled Tribes shall be specified in the requisition to be sent to the employment exchange against the total number of vacan- cies.
(2) For recruitment to be made through the . Gujarat Public Service Commission or any Selection Board on the basis of competitive examination or interview the ad- vertisement shall specify the number of vacancies reserved for Scheduled Castes and Scheduled Tribes against the total number of vacancies.
(3) The Scheduled Castes and Scheduled Tribes candidates shall be recruited to the extent of the reserved vacancies if they possess the minimum qualifications required for the posts or services .
INDEX 33-4
[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998 (4) If the required number of Scheduled Castes and Scheduled Tribes candidates are not available for filling up the reserved vacancies , a fresh recruitment shall be made only from candidates belonging to the Scheduled Castes or Scheduled Tribes , as the case may be , for filling up the remaining reserved vacancies .
(5) If after making such fresh recruitment candidates belonging to the Scheduled Castes or . Scheduled Tribes are still not available or if the number of such candidates is less than number of reserved vacancies , the vacancies which remain unfilled shall be filled up by general candidates in accordance with the procedure laid down in section 6.
(6) For district level posts if the candidates belonging to Scheduled Castes or Scheduled Tribes , as the case may be , are not available in the district employment exchange in sufficient number at the time of initial recruitment, the employment ex- change of other districts where there is large population of Scheduled Castes or Sche- duled Tribes , as the case may be , shall be consulted .
9. (1) Where promotion is to be made on the basis of seniority subject to fitness , the Scheduled Castes and Scheduled Tribes officers shall be promoted to the next higher post or grade against reserved vacancies provided they possess the miniumum qualifica- tions and experience required for such promotion.
Promo- tion based on seniority cum-. fitness,
(2) The number of reserved vacancies shall be determined on the basis of the reserved shown in the roster maintained under Section 5 .
10. Where promotion is to be made on the basis of selection and the element of direct recruitment does not exceed fifty percent . the procedure for filling up of the reserved vacancies shall be such as may be prescribed and the number of reserved vacancies shall be determined on the basis of the reserved points shown in the roster maintained under Section 5.
Promo tion- based on slec- tion.
11. Where selection is to be made from differenet services the recruitment or appo- inting authority shall select Scheduled Castes and Scheduled Tribes candidates to the extent of reserved quota , provided such candidates satisfy the minimum conditions of suitability, qualification and experience laid down in respect of the post concerned .
Selec- tion from different services.
12. (1) Every appointing authority shall furnish to the State Government annual report in the prescribed manner by the end of the month of June of the succeeding financial year and maintain such other records as may be prescribed.
(2) Any officer authorised by the State Government in that behalf may inspect any record or documents and require the appointing authority to produce the roster and other records relating to appointments made by it and which are maintained in its office . 2 :
(3) It shall be the duty of the appointing authority to produce such records and documents , furnish such information and afford all such assistance and facilities as may be necessary for the aforesaid purpose .
Submi- ssion of Annual Report , Mainten- ance of other records and inspec- tion thereof.
13. In each department of the State Government an officer not below the rank of an Under Secretary authorised by the Secretary of the department in that behalf shall act as Liasion Officer in respect of the matter provided in this Act who shall be
specially responsible for-
Nomina- tion of Liaison Officer .
(a) ensuring proper implementation of the provisions of this Act and the rules made thereunder,
(b) ensuring compliance by the subordinate authorities .
(c) ensuring timely submission of returns .
(d) conducting annual inspections of rosters and such other record as may be prescribed.
INDEX PART V ]
33-5 GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998
3
(e) acting as Liaison Officer betwen the administrative department and the Social Welfare Department .
(f) ensuring necessary assistance to the Social Welfare Department in the in- vestigation of complaints received from individuals or organisations belonging to Seheduled Castes and Scheduled Tribes .
14. (1). There shall be a Standing Committee consisting of the following members , namely:-
(a) The Minister for Social Welfare Chairman .
Consti- tution of Standing Commi- tee .
(6) Three members of the Gujarat Legislative Assembly to be elected in such manner as may be determined by the Speaker of the Gujarat Legislatve Assembly- Members .
(c) The Chief Secretary to Government-Member .
(d) The Secretary to Government , Home Department Member.
(e) The Secretary to Government , Social Welfare Department - Member Secretary :
Provided that on issue of a proclamation under Article 356 of the Constitution of India the composition of the committee may be altered by the State Govern- ment to such extent as it may deem fit .
15. (1 ) The Committee shall meet at least thrice a year and the period between any two meetings shall not be more than six months .
(2) The Committee shall perform the following. functions , namely:-
Func- tions of the standing commi- tte..
( i) review of the implementation of the provisions of this Act and rules made thereunder,
( ii) suggest measures for the removal of difficulties in such implementation of for the improvement thereof and
(iii) such other functions as the State Government may from time to time assign to the Committee.
Annual Report.
16. The State Government shall prepare an annual report on the working of the Act and lay the same before the State Legislature for a period of not less than fiftcen days in the Budget Session of the succeeding financial year .
Legal aid.
17. Legal aid shall be made available by the State Government at the prescribed rates to the employees belonging to Scheduled Castes and Scheduled Tribes in cases of thier grievances .
18. ( 1) The State Government may, by notification in the Official Gazette. (after previous publication) , make rules to carry out all or any of the purposes of this Act .
Rule kimng power.
(2) In particular and without prejudice to the generality of the foregoing powers, they may make rules in respect of all matters expressly required or allowed by this Act to be prescribed.
(3) All rules made under this Act, shall, as soon as may be , after they are made , be laid before the State Legislature for not less than thrity days which may be com- prised in one or more sessions and if during the said period, the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form so however that such modifications shall be without prejudice to the validiy of any thing previously done under the rules .
19. The provisions of this Act shall have effect not withstanding anything to the contrary in any other law or in any rule, order or resolution made by the State Government .
Overrid- ing effect of the Act .
V-Ex-33-2
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 28-7-1998
33-6
STATEMENT OF OBJECTS AND REASONS .
According to Constitutional provisions, the State Government have made several administrative orders for implementation of policy of reservation for Scheduled Castes and Scheduled Tribes . But due to lack of effective control the provisions of such admi- nistrative order could not be strictly implemented and the employees belonging to Scheduled Castes and Scheduled Tribes have to face injustice many a time . This Bill , therefore , provides for the effective implementation of the policy .
DOLATBHAI PARMAR , M.L.A.
Gandhinagar , Dated the 6th July , 1998.
FINANCIAL MEMORANDUM
Clasue 14 ofthe Bill requires the State Government to constitute standing committee. and Clause 15 requires atleast three meeting to be held in a year, Clause 17 requires the State Government to make available legal aids to employees belonging to Sché-. duled, Castes and Scheduled Tribes at the prescribed rates , It is estimated that the expenditure to be involved from the Consolidated Fund of the State in regard to above provisions would be about rupees two lakhs per annum.
DOLATBHAI PARMAR , M.L.A.
Gandinagar, Dated the 6th July , 1998.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (3 ) of Clause 1, empowers the State Government to appoint by notifica- tion in the Official Gazette the date on which the Act shall come into force.
"Praragraph (f) ofsub -cluase (1) of clause 3 empowers the State. Government to specify by order posts other than those specified in the sub-clause.
Sub -clause ( 2 ) of clause 3 empowers the State Government to specify from time to time appointments other than those specified in the preceding sub- clauses .
Sub -clause ( 2) of clause 4 empowers the State Government to determine the per centage of reservation of vacancies in posts and services .
Sub- clause ( 1) of Clause 5 empowers the State Government to prescribe model roster.
Sub- clause (2) of Clause 5 empowers the State Goverment to prescribe form for maintaining roster .
: Clause 6 empowers the State Government to prescribe manner for filling up reserv vacancies by general candidates in case the number of candidates from Schedule Castes and Scheduled Tribes is less than the number of vacancies reserved for them .
INDEX 33-7 PART V ] GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 28-7-1998
Paragraph (c) of clause 7 empowers the State Government to prescribed rates of travelling allowance to be paid to the candidates belonging to the Scheduled Castes and Scheduled Tribes for attending competitive exmination or oral interviews .
Clasue 10 of the Bill empowers the State Government to prescribed procedure for filling up the reserved vacancies where promotion is to be made on the basis of select- tion and the element of direct recruitment does not exceed fifty percent .
Sub -clause ( 1) of clause 12 empowers the State' Government to prescribe a manner for furnishing annual report to the State Government and to maintain other records .
Paragraph (d) of clause 13 empowers the State Government to prescribed. other records the liasion Officer shall be responsible for conducting annual inspection.
Paragraph (6) of clause 14 empowers the Speaker of the Gujarat Legislative Assem bly toto determine manner for electing members of the Assembly on the Standing Committee .
The proviso to clause.14 empowers the State Government to alter the composition of the Standing Committee on issue of proclamation under Article 356 of the Cons- titution to such extent as it may deem fit .
Paragraph ( iii) of sub - clause (2 ) of clause 15 empowers the State Government to assign to the Standing Committee other functions from time to time .
Clause 17 of the Bill empowers the State Government to prescribed rates for making available legal aid to the employees belonging to the Scheduled Castes and Scheduled Tribes .
Sub -clause ( 1) of clause 18 empowers the State Government to make rules for. carrying out the purposes of the Act...
The delegation of legislative powers as aforesaid is essential and of normal character .
DOLATBHAI PARMAR , M.L.A.
Gandhinagar, Dated the 6th July , 1998.
i
Gandhinagar, Dated the 28th July, 1998 .
K. M. PANCHAL , Secretary, Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR .
INDEX Extra No. 34
REGISTERED NO . G/GNR/2
R
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. XXXIX ]
TUESDAY, JULY 28 , 1998 / SRAVANA, 6 , 1920
Separate paging is given to this Part in order that it may be filed as a separate complilation.
PART V
Bills introduced in the Gujarat Legislative Assembly.
The following Bill which was introduced on the 28th July , 1998 by Shri DOLATBHAI PARMAR is published under rule 127-A of the Gujarat Legislative Assembly Ruless , for general information :-
GUJARAT BILL NO. 34 OF 1998 .
THE GUJARAT PREVENTION OF SOCIAL DISABILITIES BILL, 1998.
A BILL .
to prevent the imposition of Social disabilities by a member or members of a community. on a member or members of his or their own community ; to provide for penalties for such an act or acts and for matters connected therewith .
WHEREAS , it has come to the notice that the practice of imposing social disa- bilities prevails in cortain communities , which amongst other things deprives their member's of the rights and privileges to which they are entitled by reason of birth or otherwise and which results flagrant violation of their fundamental rights as citizens of this country;
AND, WHEREAS, in keeping with the spirit of social change and democratic set up of our country and in the larger public interest , it is expedient to prevent the impo- sition of such social disabilities and to provide penalties for such an act or acts and for matters connected therewith;
It is hereby enacted in the Forty- ninth year of the Republic of India as follows : -
1. ( 1) This Act may be called the Gujarat Prevention of Social Disabilities Act ,
1998.
Short title, extent and commence- ment .
34-1
V-EX. 34-1
INDEX 34-2
[PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 28-7-1998
(2). It extends to the whole of the State of Gujarat .
(3) It shall come into force at once.
2. In this Act , unless the context otherwise requires ,
Defini- tions .
(a) " community" means a group of members who are connected together. by birth, conversion or performance of religious rites or ceremonies or who belong to the same religion or religious creed and includes a caste or sub -caste ;
(b) " member" means a person whether male or female, who is a member of any community;
(c) " police officer" means any member of the Police Force appointed or deemed to be appointed as such under the Bombay Police Act 1951 .
Bom. of 1951 .
8. Any member who commits any of the following act or acts shall be deemed to have imposed social disability on a member of his community-
Imposi- tion of social disabi- lities.
(a) if he denies, prevents or obstructs or causes to deny, prèvent or obstruct any member of his own community from having access to or from using any place of worship or prayers or any place intended to be used for performing any religious ceremony of rite, prevelant or practised in his community;
(b) if he prevents or obstructs or causes to prevent or obstruct any member of his community from having access to or from using any place which is esta- blished or maintained wholly or partly by his own community for use or intended to be used for a charitable, religious or public pürpose and which is normally available for use or intended to be used by any member of his own community;
(c) if he prevents or obstucts or causes to prevent or obstruct any member of his community from enjoying any benefit under a Charitable Trust or å Wakf created for the benefit of his community;
(d) if he prevents or obstructs or causes to prevent or obstruct any member of his community from having access to or using the facilities of any school , educational institution, medical institution, community hall, club hall, cemetary, burial ground or any other place used by or intended to be used for the benefit of his community;
(e) if he prevents or obstructs or causes to prevent or obstruct any member of this community from observing any social or religious custom or usage or ceremony or from taking a part in a social or religious function, congregation, assembly . meeting or procession ;
(f) if lhe prevents or obstructs or causes to prevent or obstruct any member of this community from establishing or maintaining such social, professional or business relations as he would ordinarily establish or maintain with other members of his community; :
(g) if he incites , provokes or encourages any member of his community, directly or indirectly to sever social religious , professional or business relations with any other member or members of his community ;
(h) if the refuses or denies or causes to refusé or deny to any member of his community the right to perform such marriage , funeral or other religious cere- monies and rites as the member of his own community usually and ordinarily per- form;
INDEX 34-3 PART V] GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
(i) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from entering , lodging in or otherwise using any Dharmshala , Sarai, or Musafarkhana which is ordinarily open to members of his community; or
(j) if he prevents or obstructs or causes to prevent or obstruct any member ofhis community from entering or using any place of worship such as Temple , Mosque, Church, Gurudwara or any cometary crematorium or burial ground. which is ordinarily open to members of his community.
Penal- ties .
4. ( 1) Whoever imposes any social, disability on any member of his community shall, on conviction, be punished with imprisonment of either. description which may entend to six months or with fine which may extend to one thousand rupees or with both.
(2) Whoever aids or abets in the commission of any offence punishable under this Act or connives at the commission of any such offence or harbours any offender or destroys any evidence shall , on conviction, be punished with imprisonment of either : description which may extend to six months or with fine, which may extend to one thousand rupces or with both .
II of 1974 .
5. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 , every offence under this Act-
(a) shall be cognizable; and
(6) may, with the permission of the court be compoundable .
Offences under this Act to be zable and cogni- compo- undable .
6. ( 1) A Police Officer may if he has reasonable ground to believe an offence under this act has been committed or likely to be committed by any person; then he may-
(a) remove or cause to be removed , any barricade or obstruction created , placed or found in any place , if such barricade or obstruction was so erected or placed in order to be used for the purpose of committing any offence under this Act; or-
Police. Officers to take action in of cases imposi- tion social disabili- ties .
(6) open or cause to be opened any gate or door, if such a gate or door was closed for the purpose of committing an offence under this Act.-
(2) Whenever any police Officer,has reasonable ground to believe that any person is likely to commit an offence under this Act , he may arrest such person without a warrant and deliver him into the custody of the officer- in- charge , of a Police Station who may either release the person arrested on his executing a bond with or , without surety for his appearance in a Magistrate's court or take or cause to be taken the person arrested before a Magistrate within Twenty-four hours after the arrest .
II of 1974,
(3) When a person appears before a Magistrate in compliance with a bond executed by him under sub -section (2) or is brought before a Magistrate , he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour for such period for not exceeding three years as the Magistrate may think fit . If, after due inquiry, the Magistrate is satisfied that such person should execute a bond with or without sureties , the Magistrate shall make ari order accordingly and the provisions of Section 107 and Sections 112 to 123 (both inclusive) of the Code of Criminal Procedure, 1973,1973, shall apply to or in relation to all orders te fürnish security made under this sub- section.
INDEX 34-4 GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998 [PART V
STATEMENT OF OBJECTS AND REASONS
The out dated and unconstitutional practices such as untouchability , boycotts , etc , are still practised in various communities in the State resulting in great harrassment to individuals or groups. The harrassement so caused, naturally affects the social life of community. It is , therefore , necessary to root-out these evils by putting a step to the imposition of the various social disabilities . The objective can be achieved by enacting a suitable legislation for the purpose and also for providing punishment to those who indulge in such evil practices,
Hence this Bill.
1
Gandhinagar.
DOLATBHAI PARMAR ,
M.L.A.
Dated the 10th July , 1998 .
Gandhinagar,
Dated the 28th July, 1998 .
K. M. PANCHAL , Secretary, Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX Extra No. 35
REGISTERED NO . G/ GNR/ 2
सत्यमेवजयते
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOL . XXXIX ]
TUESDAY, JULY 28 , 1998 / SRAVANA 6, 1920
Separate paging is given to this Part in order that it . may be filed as a Separate Compilation.
PART - V
Bills introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 28th July , 1998. by Shri DOLATBHAI PARMAR M.L.A. is Published under Rule 127 -A of the Gujarat Legislative Assembly Rules for general information.
GUJARAT BILL NO . 35 OF 1998 .
THE GUJARAT DECLARATION OF ASSETS OF THE MEMBERS OF THE GUJARAT LEGISLATIVE ASSEMBLY BILL , 1998 .
A BILL
to provide for the declaration of Assets of Members of Gujarat Legislative Assembly and certain other matters connected therewith .
WHEREAS , it is expendient to provide for the declaration of assets of the Members of the Gujarat Legislative Assembly and certain other matters as hereinafter appearing .
It is hereby enacted in the Forty- ninth Year of the Republic of India as follows:-
1. ( 1 ) This Act may be called the Gujarat Declaration of Assets of the Short title Members of the Gujarat Legislative Assembly Act , 1998 . and commence- ment .
(2) It shall come into force at once .
V-Ex . 35-1
35-1
INDEX [ PART V 35-2 ] GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998
Definitions .
2. In this Act , unless there is anything repugnant in the subject or context , (a) "Assembly " means the Legislative Assembly of the Satae of Gujarat .
(b) " Member " means a member of the Assembly and includes the Chief Minister, Deputy chief Minister, Minister , Minister of State, Deputy Mini- ster, Parliamentary Secretary and Deputy Speaker but does not include Speaker.
(c) " member- of his family " means husband , wife , minor son , major son 'who is residing with the member, daughter - in - law who is residing with him , unmarried daughter , married daughter who is staying with him , son- in - law who is staying with him and father , mother , sister , brother or cousin who is staying with the member .
(d) " prescribed ' ' means prescribed by rules .
(e) " property " means and includes any property situate in India or abroad, both movable and immovable. (.
Explanation ( 1) .--The expression " movable property includes
(a) jwellery , insurance policies , shares , securities and debentures ;
(b) deposits in banks or with private firms or individuals ;
(c) loans advanced whether secured or not ;
(d) motor cars , motor cycles ;
(e) refrigerators , radio - sets and rediograms ;
(f) any permit or licence issued by or under the authority of the State or Central Government or any Corporation for the conduct of any business involving production or distribution or sale or agency of any commodity and transport of goods or passengers; and
(g) cash in hand.
Explanation (2) .- The ' expression " immovable property " means and includes-
(a) buildings , lands , gardens ; and
(b) permanent fixtures like machineries ;
(f) " Secretary" means the Secretary to the Assembly and includes any person for the time being performing the duties of the Secretary;
(g) " Speaker " means the Speaker of the Assembly .
INDEX [35-3 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 28-7-1998
PART V ]
3. (1) Every member shall , on his election to the Assembly and thereafter Return . at the intervals of every twelve months ending with the third year after ceasing to be a Member, submit tothe Speaker of the Assembly a return in such form as amy be prescribed by the State Government showing all property owned , acquired or inherited by him or held by him on leas or mortgage either in his own name or in the name of any Member of his family or in the name of any other person together with details of the means by which or the sources from which such property was acquired .
(2) The return shall be submitted within such time as may be prescribed .
Penalty for not furnishing return .
4. If any member wilfully fails to furnish a return under this Act , within the time prescribed, he shall be punishable with imprisonment of either description which shall extend to two years .
false Penalty for fur return.
XLV of 1860
5. The return submitted by the Member shall be certified by him to be correct and if the Member has furnished a return which he knows or has reason to believe to be false , he shall be punishable under the provisions of section 193 of India a Penal Code .
6. The returns submitted by the Members shall be placed on the Table of theAssembly.
Placing of returns on the Table of the House.
Returns to be publicdocu ments .
7. The returns submitted by the Members under section 3 shall be a public document and copies of the returns may be issued by the Secretary under the authority of the Speaker to any person applying for the same on such condi- tions as may be prescribed.
offence.
8. No court infeior to that of a District Court shall try an offence under this Cognizance of Act.
Power to make rules .
9. ( 1) The State Government may , by notification in the Official Gazette and subject to the condition of previous publication make rules to carry out the purposes of this Act .
(2) In particular and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the following matters , namely: - .
(a) the form of return and the manner , and time of submission of the same ;
(b) the manner of obtaining copies of the return ; and
(c) the mode of prosecution of the offenders under the Act .
(3) Every rule made under this section shall be laid, as soon as , may be after it is made before the Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following , the Legislative Assembly agree in making any modification in the rule or the Legislative Assembly agree that the rule should not be made and notify such decision in the Official Gazette , the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect as the case may be , so , however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule .
INDEX 35-4 ] GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 28-7-1998
[PART V
STATEMENT OF OBJECTS AND REASONS
The members of the Legislature who are representatives of the people in the State should not allow suspicion to be created that they are indulging in corrupt practices , misusing their offices , and multiplying their assets . It is felt necessary that the members should prove themselves that they hold office as a member for the betterment of the toiling masses and not for their personal benefit . So as to achieve this object ; almost all the political parties have accepted that members of the Legislature should declare their assets ; such declaration must be made to the Speaker and same must be a public document so that copy of the same can be obtained by any person . Such returns should also be placed on the Table of the Assembly. There is a convention that members of the Cabinet should declare their assets to the Chief Minister, but this provision is not statutory and the returns filed by Minister are not public documents . Morover, there is nothing about the return to be filed by Chief Minister.
The Bill is a step towards clearing of the public life in the State .
Gandhinagar,
DOLATBHAI PARMAR
Dated the 10th July'; 1998 .
M.L.A.
INDEX PART V ]
GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
[35-5
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves proposals for the delegation of Legislative powers as follows :
Clause 3.-This clause empowers the State Government to prescribe the form of the return to be submitted by the member and the time within which it should be submitted .
Clause 7. Under this clause State Government is empowered to prescribe conditions for the issue of the copies of the returns of the assets of the member to the applicants .
4
Clause 9. Under this clause State Government is empowered to make rules for carrying out all or any of the purposes of this Act.
These proposals for delegation of Legislative powers are of normal character.
Gandhinagar. Dated the 10th July, 1998.
DOLATBHAI PARMAR M.L.A.
Gandhinagar, Dated the 28th July , 1998.
K. M. PANCHAL , Secretary, Gujarat Legislative Assembly.
GOVERNMENT CENTRAL PRES , GANDHINAGAR .
INDEX REGISTERED NO. G/GNR/2 Extra No. 86
C
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
TUESDAY , JULY 28 , 1998/ SRAVANA 6, 1920
Vol . XXXIX]
Separate paging is given to this Part in order that it may be filed as a separate compilation.
PART V
Bill introduced in the Gujarat Legislative Assembly.
The following bill which was introduced on the 28th July, 1998 by Shri MANGALBHAI PATEL M.L.A. is Published under Rule 127-A of the Gujarat Legislative Assembly Rules for general, information .
GUJARAT BILL NO. 36 OF 1998.
THE GUJARAT PANCHAYATS ( AMENDMENT ) BILL, 1998 .
A BILL
1
further to amend the Gujarat Panchayats Act , 1993 .
It is here by enacted in the forty ninth year of the Republic of India as follows:-
1. (1 ) This Act may be called the Gujarat Panchayats (Amendment) Act, 1998.
(2) It shall come into force at once .
Short title and Commen- cement.
Guj . 18 of 1993 .
2. In the Gujarat Panchayats Act, 1993 (herein after referred to as "the principal Act" ) , in section 2 , after sub -section ( 33 ) the following new sub-section shall, be inserted, namely :-
Amend- ment of Section 2 of Guj . 18 of 1993 .
aber, of a "(34) The Panchayat member means a member duly elected as a member. Panchayat and includes a Sarpanch of a Gram Panchayat" .
Guj . 18 of1993 .
3. In the principal Act, in section 9 , in. sub-section (5) . in clause (a), after sub-- clause ( i) , the following new Proviso shall be added, namely :-
Amend ment of Section 9 ofGuj 18 of 1993 .
36-1
V- Ex . - 36-1
INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 28-7-1998
"Provided further that atleast one seat shall be reserved for the Scheduled Caste and the Scheduled Tribe by rotation by the Election Commission without taking into consideration the Percentage of the population of the Scheduled castes or Scheduled Tribes if there is any population of the Scheduled Castes or the Scheduled Tribes at the time of election" .
4. In the principal Act, in Section- 10 after sub - section ( 1 ), the following now sub- section shall be inserted , namely :-
Amend- ment of Section 10 of Gaj 18 of 1993.
"(I-A) A taluka panchayat 'shall Consist of onefifth number of total Sarpanchas in the taluka as Ex- office members. The Election Commission shall every year deter- mine, by rotation, the respective Sarpanchas to be The Ex-office members of the talaka panchayat" .
5. In the principal Act, in section - 11 , after sub -section ( 1) , the following now sub- section shall be inserted , namely :-
Amond- mont of Section 11 ofGuj . 18 of 1993
"( 1-A) The District Panchayat shall consist of the Presidents of all the taluka potohayats in the district as Ex- officio members of the district panchayat" .
6. In the principal Act , in section 55, ( 1) in sub -section (2) , in clause (a) , in sub- clause (III ) , for the words, " upto fifty rupees ", the words , " as may be determined by the village panchayat by a resolation" shall be substituted .
(2 ) To sub - section (4) , the following new proviso shall be inserted, namely :
Amend- ment of Section ofGuj . 18 of 1993:
"Provided further that the panchayat may, by a resolution, authorise any other member of the panchayat to operate bank accounts on behalf of the Sarapnoh if the Sarpanch blind or disabled".
7. In the principal Act , in section 61 , to sub- section (1 ) , the following new proviso shall be added, namely :-
Amend ment of Section 61. of Guj . 18 of1993
"Provided further that if any vacancy in the office of a sarpanch and upa -sar- panch occurs at the same time the office of the sarpanch shall be filled in by an aoting s rpanch untill the serpanch is duly elected".
8. In the principal Act , in section 92 , in sub -section (4) , for the words , " with the previous approval of the state Government, " the words, " with the previous approval of the district panchayat shall be substituted .
Amend- ment of Section 92 of Guj . 18 of 1993 ;
9. In the principal Act, in section 100 , in the provise to sub -section ( 3) , for the words, " the panchayat shall not insur expenditure exəəəling one hundred rupees, " the words, " the panchayat shall incur such expenditure as may be determined by the parn- chayat, by a resolution", shall be substituted.
Amend mont of Section 100 of Guj. 18 of1993
10. In the principal Act , in section 114, after sub - section (3) , the following new- sub-section shall be inserted namely: ---
(4 ) The secretary shall bring to the notice of the panch yat the cases of encroach. ments and the violation of the by-rules " .
Amend- ment of Section L14 of Cluj . 18 of1993
INDEX PART V
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GAZETTE , EX. , 28-7-1998
GUJARAT GOVERNMENT
11. In the principal Act, in section 123 , in sub- section (2), for the words , " with the previous approval of the State Government ", the words, " with the previous appro- val of the District Panchayat" shall be substituted :-
Amend- ment of Section 123 of the Guj . 18 of 1993.
12. In the Principal Act , in Section 145 , in sub - section (2) , the words , " with the prior approval of the State Government " shall be deleted.
Amend- ment of Section 145 of Guj. 18 of1993 .
13. In the principal Act , in section 162 , in sub -section (4) , the words , " and shall. pass all orders as per the concurrence and instruction of District Panchcyat President", shall be added at the end .
Amend- ment of Section 162 of Guj . 18 of1993.
14. In the principal Act , in section 200 , after sub -section (8) , the following new sub -section shall be added, namely;
" (9) A levy of tax or fee by a Panchayat shall not be withdrawn without following the procedure as may be prescribed by the village Panchayat".
Amend- ment of Section 200 of Guj . 18 of1993 .
15. In the principal Act, in section 241 , ( 1 ) in sub -section (2 ) , for the words " by such authority as may be prescribed by rules in that behalf" . the words , " by panchayat General Body" shall be substituted .
(2) in sub -section (3)
Amend- ment of : Section 241 of Guj . 18 of 1993.
( i) the words, " subject to such exoptions as may be prescribed" shall be del ted.
( ii) for the words " by such authority as may be prescribed" the words " by pan- chayat general body" shall be substituted .
16. In the principal Act , in section 266, in sub -section (1) , in clause ( iii ) , the words , "and President of Gujarat Pradesh Panchayat Parishad" , shall be , added at the end,
Amend- ment of Section 266 of Guj . 18 of1993.
INDEX [PART V 36-4 GUJARAT GOVERNMENT GAZETTE , EX . , 28-7-1998
STATEMENT OF OBJECTS AND REASONS
On enactment of the Constitution (73rd Amendment) Act , 1992 the panchayat have acquired constitutional Status and they are now " TISRI SARKAR" .. The Gujarat Panch yats Act, 1993 requines to be amended in view of the Provisions of Article 243 of the Constitution of India. The Gujarat Panch yats Act, 1993 which was hurridly drafted and hurridly enacted in 1993 contains several ommissions and requires certain amendments .
Hence this Bill .
Pro . Mangalbhai Patel, M.L.A.
Gandhinagar. Dt. 7th July, 1998 .
K: M. PANCHAL
Secretary, Gujarat Legislative Assembly.
Gandhinagar, Dated 28th July , 1998 .
GOVERNMENT CENTRAL PRESS , GANDHINAGAR
INDEX