Gujarat Gazette, Part Part -IV Extra, 1999

Extra Ordinary Part - IV / 1999

Extra No.

Date

Department

Extra No.1    09-03-1999  Legislative & Parliamentary Affairs Department
Extra No.2    09-03-1999  Legislative & Parliamentary Affairs Department
Extra No.3    09-03-1999  Legislative & Parliamentary Affairs Department
Extra No.4    16-03-1999  Legislative & Parliamentary Affairs Department
Extra No.5    30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.6    30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.7    30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.8    30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.9    30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.10   30-03-1999  Legislative & Parliamentary Affairs Department
Extra No.11  28-04-1999   Legislative & Parliamentary Affairs Department
Extra No.12  12-05-1999   Legislative & Parliamentary Affairs Department
Extra No.13   05-10-1999  Legislative & Parliamentary Affairs Department
Extra No.14   05-10-1999 Legislative & Parliamentary Affairs Department
Extra No.15   03-12-1999  Legislative & Parliamentary Affairs Department
Extra No.16  10-12-1999   Agriculture , Farmers Welfare & Co - operation Department
Extra No.17  31-12-1999    Finance Department

Extra No. 1

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 9 , 1999 / PHALGUNA 18, 1920

VOL. XL ]

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

PART - IV

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

The following Act of the Gujarat Legislature, having been assented to by theGovernor on the 8th March , 1999 is hereby published for generai information .

KUM . H. K. JHAVERI ,

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

3 GUJARAT ACT NO . 1 OF 1999.

(First published, after having received the assent of the Governor in the GujaratGovernment Gazette, on the 9th March , 1999 ).

AN ACT

further to amend the laws relating to statutory bodies and to validate termination of tenure of certain offices of such bodies .

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

1. (1) This Act may be called the Gujarat Statutory Bodies Laws (Amend- Short title . mient and Validation) Act, 1999.

Definitions .

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

(i) " laws relating to statutory bodies " means enactments specified in column 2 of the Schedule ;

IV-Ex . 1-1

INDEX [ PART-IV 1-2]

GUJARAT GOVERNMENT, GAZETTE , E.XΧ, 9-3-1999

(ii) " relevant provision " means the provision relating to tenure of office of a Chairman , Vice - Chairman and directors or , as the case may be, members , of a statutory body, in each of laws relating to statutory bodies , as amended by section 3;

(iii) " statutory body " means the Authority , Board or Corporation constituted under an enactment specified in column 2 of the Schedule .

Amendment of laws relating to statutory bodies.

3. Each of the enactments specified in column 2 of the Schedule shall be amended to the extent and in the manner specified against it in column 3 of the said Schedule .

of Chairman , Validation of termination of tenure of office Vice -Chairman members , of bodies. and directors or

4. The tenure of office of a Chairman , Vice- Chairman and directors or , as the case may be , members, of a statutory body , terminated immediately before the commencement of this Act shall be and shall be deemed always to have been validly terminated in accordance with law, as if the relevant provision had been included in and formed part of the laws relating to statutory bodies and had been in force at all material times when the tenure of office of Chairman, Vice -Chair- man and directors or, as the case may be , members , of a statutory body was terminated and accordingly no suit or other proceeding questioning the validity of such termination shall be maintained or continued in any court .

Chairman, Vice -Chair- man,director maheime of bodies hoid office during Stone Govern- ment.

5. A Chairman , Vice-Chairman and director or , as the case may be , member , who is appointed or nominated as suchby the State Government in a statutory body before the commencement of this Act and who continues to hold such office on such commencement shall be and shall be deemed always to have been appointed or nominated to hold such office during the pleasure of the State Government, notwithstanding anything contrary contained the law relatingto stateory bodies or any rules , regulations or orders made the ender .

INDEX PART- IV ]

1-3 GUJARAT GOVERNMENT GAZETTE, EX . , 9-3-1999 .

SCHEDULE (See section 3)

Extent of amendments .

Name of enactments .

No.

In section 4 , for sub-section (3 ) , the following sub- section shall be substituted , namely :

1. The Bombay Labour Welfare Fund Act , 1953 (Bom . XL of 1953) .

"( 3 ) The members of the Board shall hold office during the pleasure of the State Government . " .

(2) In section 6 , in sub - section ( 2 ) , the words "and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor " shall be deleted .

In section 3 , for sub - section ( 4) , the following sub- section shall be and shall be deemed always to have been substituted , namely : -- 2. The Gandhidham ( Develop- ment and Control on Erection of Buildings ) Act , 1958 ( Bom . XIX of 1958) .

"(4) (a) The Chairman , Secretary and the members other than ex - officio members , of the Authority nominated by the State Government shall hold office during the pleasure of the State Government;

(b) The members nominated by the Central Government under ciause (d) of sub- section (2 ) shall hold office during the pleasure of the Central Government . " .

3. The Bombay Khadi and Village Industries Act , 1960 (Bom . XIX of 1960 ) ..

In section 4, in sub - section ( 1 ) , for the words "hold office for such period as the State Government may , by general or special order , direct " , the words " hold office during the . pleasure of the State Government " shall be and shall be deemed always to have been substituted .

In section 8, for sub -section (1 ) , the following sub - section shall be substituted , namely :-

The Gujarat Housing Board Act, 1961 (Guj . XXVIII of 1961) .

"(1) The Chairman and the members shall hold office during the pleasure of the State Government . " .

In section 6 , for sub- section ( 1 ) , the following sub - section shall be and shall be deemed always to have been substituted , namely :

5. The Gujarat Industrial Development Act, 1962 ( Guj . XXIII of 1962) .

"(1 ) (a) The Chairman , Vice - Chairman and Directors of the Corporation nominated by the State Government shall hold office during the pleasure of the State Government;

INDEX [PART-IV 1-4 ]

GUJARAT GOVERNMENT GAZETTE, EX. , 9-3-1999

Extent of amendments .

Name of enactments .

No. 1

(b) The director nominated under clauses ( b) and (c) of sub - section ( 1) of section 4 shall hold office during the pleasure of respective Board . " .

In section 5, in sub - section (3 ) ,

6. Medical The Gujarat Practitioners ' Act, 1963 (Guj . VI of 1964) .

(1) in clause (a) , for the words " the term of office of a member of the Board , whether elected For nominated , " , the words " subject to the provision of clause (b ) , the term of office of a member of the Board " shall be substituted;

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

"(b) the members nominated under clause (a) of sub- section (2) of section 3 shall hold office during the pleasure of the State Government . " .

7. The Gujarat Tribal Develop- ment Corporation. Act , 1972 (Guj . 5 of 1972) .

(1) In section 7, in sub - section ( 3 ) , the words " and a director nominated to fill such vacancy shall hold office for the unexpired portion of the term of his predecessor " shall be deleted. !

(2) For section 8, the following section shall be substituted, namely :

Term of office . "8. The directors shall hold office during the pleasure of the State Government . " ..

(3) In section 11 , in sub - section (1 ) , for the words and figure " Notwithstanding anything contained in section 8, the State Government" , the words "The State Government " shall be sub- : stituted. ".

In section 8 , for sub - section ( 1 ) , the following sub- section shall be substituted , namely :-

8. The Gujarat Rural Housing Board Act , 1972 (Guj . 22 of 1972) .

"(1 ) The Chairman and the members shall hold office during the pleasure of the State Government . " .

For section 23 , the following section shall be.and shall be deemed always to have been substituted, namely:-

9. The Gujarat Slum Areas (Improvement , Clearance and Redevelopment) Act, 1973 (Guj . 11 of 1973 ) .

INDEX 1-5 PART -IV ] GUJARAT GOVERNMENT GAZENTE , EX . , 9-3-1999

Extent of amendments .

Name of enactments .

No.

" 23. ( 1 ) The Chairman and other members of the Board shall hold office during the pleasure of the State Government .

Terms of office and conditions of service of Chairman and members.....

(2) The conditions of the service of the Chairman and the members of the Board shall be such as may be prescribed . " .

(1) For section 5, the following section shall be substituted , namely :--

10. The.. Gujarat Secondary Education Act, (Guj . 18 of 1973 ) . 1972

5. ( 1) The Chairman , Deputy Chairman and nominated members shall hold office during the pleasure of the State Government .

Term of office and conditions of service of Chairman, Deputy Chairman and nominated members . (2) The salaries or, as the case may be , honorarium , allowances and other conditions of service of the Chairman and the Deputy Chairman shall be such as may be determined by the State Government . " .

(2) In section 6 , in sub - section ( 1 ) , for the words " ex- officio members " , the words " ex - officio members and nominated members " shall be sub-- stituted.

In section 5,-

11. The Gujarat Town Planning and Urban Development Act , 1976 ( President's Act No. 27 of 1976) .

(1) in sub - section (5) , for the words " The Term of office and conditions of service " , the words "The conditions of service " shall be and shall be deemed always to have been substituted ;

(2) after sub - section (5) , the following sub - sec- tion shall be and shall be deemed always to have. been inserted, namely:-

" ( 5A) The Chairman andan the members of an Area Development Authority other than ex- officio members shall hold office, during the pleasure of the State Government . " .

(3) in sub - section ( 7) , for the portion begining with the words " as the case may be , " and ending with the words " vacancy had not occurred " , the words " as the case may be , " shall be and shall be deemed always to have been substituted .

IV-Ex-1-2

INDEX PART-IV GUJARAT GOVERNMENT GAZETTE , EX. , 9-3-1999

1-6 ]

Extent of amendments .

Name of enactments .

No.

(1) In section 6 , for sub- section ( 1 ) , the fol- lowing sub - section shall be and shall be deemed always to have been substituted , namely:-

12. The Gujarat Municipal Finance Board Act, 1979 (Guj . 12 of 1979) .

"(1) The Chaman and the members other than those appointed by virtue of their office shall hold office during the pleasure of the State Government . " .

(2) In section 8 , for the portion beginning with the words "as early as practicable " and ending with the words " had not occurred " , the words " as early as practicable " shall be and shall be deemed always to have been substituted.

(3) In section 28 , in sub- section (2 ) , for clause (a), the following clause shall be and shall be deemed always to have been substituted, namely:-

"(a) the honorarium , sitting fees and allowances of the Chairman and sitting fees and allowances including compensatory allowance of the members under sub - section (3 ) of section 6; " .

In section 6 , for sub - sections ( 1) to ( 4) , the following sub- section shall be substituted , namely:-

13. The Gujarat Water Supply and Sewerage Board Act, 1978 (Guj . 18 of 1979) .

" (1) The Chairman , Member- Secretary and the members other than ex - officio members shall hold office during the pleasure of the State Government : Provided that a person appointed as member under clause (f) of sub- section ( 1 ) of section 4 shall cease to be a member , if he ceases to be the elected head of the local body concerned . " .

(1) In section 6 , for sub - section (7) , the following sub - section shall be substituted , namely:-

14. The Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979 ( Guj . 25 of 1979 ) .

"(7) The. Chairman and the members shall hold office during the pleasure of the State Government. " .

(2) In section 12, for the portion beginning with the words " the vacancy shall be filled " and ending with the words " vacancy had not oc- cured " , the words " the vacancy shall be filled not later than ninety days from the date of receipt of such communication: " shall be substituted.

INDEX 17 GUJARAT GOVERIMENT GAZETTE, ΕΧ. , 9-3-1999

PART -- IV ]

Extent of amendments .

Name of enactments .

No.

15. The Gujarat Maritime Board Act , 1981 (Guj . 30 of 1981) .

(1) In section 5, in sub- section (2) , the portion beginning with the words " and in any case " and ending with the words "State Government " shall be deleted .

(2) In section 8 ,

(a) to sub -section (2) , the proviso shall be deleted.

(b) .sub- section (4) shall be deleted .

16. The Gujarat Scheduled Castes Development Corporation Act , 1985 (Guj . 10 of 1985) ...

(1) In section 6 , for sub - sections (1 ) and (2) , the following sub- section shall be and shall be deemed always to have been substituted , namely:

" (1) The director shall hold office during the pleasure of the State Government :".

(2) In section 7, the words " and a person. nominated as director to fill up such vacancy shall hold office for the unexpired portion of the term of his predecessor " shall be and shall be deemed always to have been deleted .

(3) In 'section 10, in sub - section ( 1) , for the words and figure " Notwithstanding anything contained in section 6 , the State Government " , the words " The State Government " shall be and. shall be deemed always to have been substituted .

17. The Gujarat Backward Classes Development Corporation Act, 1985 (Guj . 11 of 1985) .

(1) In section 7, for sub - sections ( 1 ) and (2 ) , the following sub - section shall be and shall be deemed always to have been substituted , namely:-

"(1) The director shall hold office during the pleasure of the State Government. " .

(2) In section 8, the words " and a person nominated as director to fill up such vacancy shall hold office for the unexpired portion of the term of his predecessor " shall be and shall be deemed always to have been deleted .

(3) In section 11 , in sub- section (1 ) , for the words and figure " Notwithstanding anything contained in section 7 , the State Government " , the words " The State Government " shall be and shall be deemed always to have been substituted .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 2

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 9 , 1999 / PHALGUNA 18 , 1920

1 VOL. XL ]

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

PART - IV

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

The following Act of the Gujarat Legislature, having been assented toby the Governor on the 8th March , 1999 is hereby published for general information .

KUM. H. K. JHAVERI .

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

GUJARAT ACT NO . 2 OF 1999 .

(First published , after having received the assent of the Governor in the Gujarat Government Gazette , on the 9th March , 1999) .

AN ACT

further to amend the Gujarat Town Planning and Urban Development

Act, 1976.

It is hereby enacted in the Fiftieth Year of the Rupublic of India. as follows:- :

Short title and commence- ment.

1. ( 1) This Act may be called the Gujarat Town Planning and Urban Development ( Amendment) Act, 1999 .

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

President's Act No. 27

2. ( 1 ) In the Gujarat Town Planning and Urban Development Act , 1976 (hereinafter referred to as " the principal Act " ) , in section 2 ,-

οι' 1976.

Amendment ofsection 2 of President's Act No. 27 of 1976.

(i ) in clause ( iv ) , after the words and figure " under section 5 " , the words , brackets and figure " and includes a local authority , designated as such under sub- section ( 1 ) of section 6 or Government company designated as such under section 6A " shall be inserted .

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

I of 1956.

" (xxx) "Government company " means a Government company registered under the Companies Act, 1956 which has one of its objects the development of an area; "

2-1

IV-Ex . 2-1

INDEX [ PART-IV GUJARAT GOVERNMENT GAZETTE, EX. , 9-3-1999 .

2-2 ]1

3. In the principal Act , in section 5, in sub - section (3 ), for clause ( iii ), the following clauses shall be substituted, namely:- .

"( iii ) such persons not exceeding four from amongst the members of the local Amendment of section 5 of President's Act No. 27 of -1976 .

authorities functioning in the development area as may be nominated by the State Government;

(iii - a) the Presidents of the district panchayats functioning in the devel- opment area or in any part thereof, ex- officio; " .

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

(1) in sub - section ( 2 ) , after clause (ii ) , the following clauses shall be inserted, namely:-

Amendment of section 6 of President's Act No. 27 of 1976.

( iii) " One official of the State Government to be nominated by the State Government , ex- officio;

(iv) Chief Officer or, as the case may be , Secretary of the local authority. " .

(2) ia sub - section ( 3 ) , after the words " Standing Committee " , the words "or, as the case may be , Executive Committee " shall be inserted .

5. In the principal Act , after section 6, the following section shall be inserted, mamely:---

Insertion of new section 6A in President's Act No. 27 of 1976 .

" GA. The State Government may , instead of constituting area development au nority for a development area , designate the Government company as the area. development authority for any development area. " .

Power to designate Government company as an Area Development Authority.

6. In the principal Act , in section 7 , in sub- section ( 1 ) , in clause ( ii ) , after the words " the preparation " , the words " and execution " shall be inserted.

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

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

Amendment ofsection 17 ofPresident's Act No. 27 of 1976 .

(1) in sub - section ( 1 ) , in clause (d) , for the word , brackets and letter "clause (b) " , the words , brackets and letters " clause ( a) , clause (b ) " shall be substituted;

(2) in sub - section (2 ), for the word , brackets and letter " clause ( n) " , the words , brackets and letters " clause (n ) or clause ( o) " shall be substituted.

8. In the principal Act , in section 20, in sub - section ( 1 ) , for the words ; brackets and letters " clause ( k ) or clause (n ) " , the words , brackets and letters " clause ( f) , clause (k ) , clause ( n ) or clause ( 0) " shall be substituted.

Amendment ofsection 20 ofPresident's Act No. 27 of 1976:

INDEX 2-3 GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 9-3-1999 PART-- IV ]

9. In the principal Act , in section 22 ,--

(1) in sub - section ( 1 ), the words " and not by any other authority " occuring at the end shall be deleted.

Amendment of section 22 of President's Act No. 27 of 1976:

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

" (2A) The State Government may , by notification in the Official Gazette, include in or exclude any area from an urban development area , ámalgamate two or more urban development areas into one urban develop- ment area , sub -divide any urban development area into different urban de- velopment areas and include such sub - divided urban development area in any other urban development area . " ;

(3) in sub - section (4 ) ,-

(a) in clause ( ii ), for the words " two in number " , the words "four in number " shall be substituted;

(b) in clause ( iii ) , for the words " two officials " , the words " three offi- cials " shall be substituted;

"(vi - a ) the Municipal Commissioner of the Municipal Corporation , if any, functioning in the urban development area, ex - officio ; " :

10. In the principal Act , in section 23, in sub - section ( 1 ) , in clause ( ii ) , after the words " the preparation " , the words " and execution " shall be inserted .

Amendment of section 23 ofPresident's Act No. 27 of 1976.

11. In the principal Act, after section 23 , the following section shallbe inserted , namely: ---

Insertion of new section 23-A in President's Act No: 27 of 1976.

" 23 - A The State Government may , by notification , in the Official Gazette, entrust to the Government company , all or any of the powers and functions of the appropriate authority." .

Entrustment of powers and functions to Government company.

12. In the principal Act, în section 40 , in sub - section (3 ), for clause (jj ) , the following shall be substituted, namely :-

Amendment of section 40 of President's Act No. 27 of 1976.

" (jj ) ( a) the allotment of land from the total area covered under the scheme , to the extent of, --

(i) fifteen per cent . for roads ,

( ii ) five per cent . for parks , play grounds , gardens and open space ,

(iii ) five per cent. for social infrastructure such as schools , dispensary, fire brigade , public utility place as earmarked in the Draft Town Planning Scheme , and

(iv) fifteen per cent. for sale by appropriate authority for residential , commercial or industrial use depending upon the nature of development .

provided that the percentage of the allotment of land specified in paragraphs ( i ) to ( iii ) may be altered depending upon the nature of development and for the reasons to be recorded in writing ;

INDEX [ PART-IV GUJARAT GOVERNMENT GAZETTE , EX . , 9-3-1999

2-4]

(b) the proceeds from the sale of land referred to in para ( iv ) of sub - clause (a) shall be used for the purpose of providing infrastructural facilities .

(c) the land allotted for the purposes referred to in paragraphs ( ii ) and ( iii ) of sub - clause ( a ) shall not be changed by variation of schemes for the purpose othe "han public purpose .

13. In the principal Act , in section 42, in sub - section ( 1 ),

Amendment of section 42 ofPresident's Act No. 27 of 1976.

(a) for the words " twelve months " , the words " nine months " shall be substituted;

(b) in the proviso, for the words " six months " , the words " three months " shall be substituted .

14. In the principal Act , in section 48 ,-

( 1 ) in sub- section ( 1 ) , for the words " four months " , the words " three months " shall be substituted; :

Amendment of section 48 ofPresident's Act No. 27 of 1976.

(2) in sub - section (2 ) , for the words " six months " , the words " three montlis " shall be substituted.

15. In the principal Act , after section 48, the following section shall be inserted, namely:

Insertion of new section 48-A in President's ActNo. 27 of 1976.

Vesting of land in appropriate authority.

"48 -A. ( 1 ) Where a draft scheme has been sanctioned by the State Government under sub - section (2 ) of section 48 , ( hereinafter in this section , referred to as ' tre sanctioned draft scheme' ) , all lands. required by the appropriate authority for the purposes specified in clause ( c ) , ( f) , ( g ) or ( h ) of sub - section ( 3 ) of section 40 shall vest absolutely in the appropriate authority free from all encumbrances .

(2) Nothing in sub- section ( 1 ) shall affect any right of the owner of the land vesting in the appropriate authority under that sub- section .

(3) The provisions of section 68 and 69 shall mutatis mutandis apply to the sanctioned draft scheme as if,

(i )' sanctioned draft scheme were a preliminary scheme , and

(ii) in sub - section ( 1 ) , for the words " comes into force " , the words , brackets and figures " the date on which the daft scheme is sanctioned under sub- section (2 ) of section 48 " were substituted .

16. In the principal Act , in section 50, after sub - section ( 1 ) , the following proviso shall be added , namely :--

Amendnrent ofsection 50 ofPresident's Act No. 27 of 1976.

"Provided that the State Government may , on the request made by the Appropriate Authority , appoint a Town Planning Officer within one month from the date of the publication of the Draft Schenie under sub - section ( 1 ) of section 42. " .

INDEX PART -IV 1

2-3 GUJARAT GOVERNMENT GAZETTE, EX. , 9-3-1999 17. In the principal Act , in section 51 , for the proviso , the following proviso Amendment shall be substituted , namely :-

of section 51 ofPresident's Act No. 27 of 1976 .

"Provided that the State Government may, by order in writing , extend the said period by such further period not exceeding nine months in aggregate and any such order extending the period may be made so as to have retrospective effect:

Provided further that the State Government may,by order and for reasons to be recorded in writing , extend such further period not exceeding six months . " .

Appeal.

18. In the principal Act , for section 54, the following shall be substituted, namely :-

Substitution ofsection 54. of President's Act No. 27 of "54. ( 1 ) Any decision of the Town Planning Officer under clause ( iii ) , (iv), (vi), (vii) , ( viii ) and (x ) of sub- section (3 ) of section 52 shall forth with 1976 . be communicated to the party concerned in the prescribed form and any party aggrieved by such decision may within one month from the date of communication ofdecision , present an appeal to the Board ofApeal constituted under section 55.

Guj . 2 of 1999.

(2) (a) A Board ofAppeal existing immediately before the commencement of the Gujarat Town Planning and Urban Development (Amendment ) Act , 1999 shall continue to hear and decide appeal until the date on which the Board of Appeal is constituted (hereinafater referred to as " the said date " ) , by the State Government under section 55 , and

(b) all appeals pending on the said date before any Board of Appeal shall stand transferred to the Board of Appeal so constituted.

19. In the principal Act, in section 55, for sub - section ( 1 ) , the following shall be substituted , namely:-

Amendment of section 55 of President's Act No. 27 of 1976 .

" ( 1 ) ( a) The State Government shall , from time to time by an order published in the Official Gazette, constitute a Board of Appeal for hearing and deciding appeals under section 54.

(b) The Board of Appeal shall consist of three Members , one of whom shall be its President and two persons , possessing such qualifications and ex- perience as may be prescribed , as assessor .

( c) The President shall be a person who is or has been a District Judge or aJudge of the City Civil Court , Ahmedabad .

(d).The terms of appointment of the President of the Board of Appeal and conditions of service shall be such as may be prescribed.

20. In the principal Act , after section 70 , the following section shall be inserted , namely:

Insertion of new section 70A in President's Act No. 27 of 1976.

Variation ofTown Planning Scheme for land allotted for public purpose.

" 70 A. If at any time after the final town planning scheme comes into force ,the appropriate authority is of the opinion that the purpose for which any land is allotted in such scheme under any of the paragraphs ( ii ) and ( iii ) of sub- clause (a) of clause (jj ) of sub - section (3 ) of section 40 requires to be changed to any other purpose specified in any of the said paragraphs, the appropriate. authority may make such change after following the procedure relating to amendment of regulations , specified in scetion 72 as if such change were an amendment of regulations."

19-EX-2-2

INDEX [ PART -IV

9-3-1990

GUJARAT GOVERNMENT GAZETTE . EX .

2-6

21. In the principal Act . in section 117 , clause ( a) shall be deleted .

Amendment of section 117 of President's Act No. 27 of 1976.

22. In the principal Act, in section 118 , in sub - section ( 2 ) , in clause ( xxx ) , for the words " the qualifications " , the words " the terms of appointment and conditions of service of President; and the qualifications " shall be substituted.

Amendment of section 118 ofPresident's Act No. 27 of 1976.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra. No. 3

REGISTERED NO . G/ GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XL)

TUESDAY , MARCH 9,1999/PHALGUNA 18, 1920

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 8th March , 1999 is hereby published for general information.

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO. 3 OF 1999 .

(First published, after having received the assent of the Governor in the Gujarat Government Gazette, on the 9th March , 1999, )

AN ACT

further to amend the Bombay Provincial Municipal Corporations Act, 1949.

It ishereby enacted in the Fiftieth Year of the Republic of India as follows :-

1. (1 ) This Act maybe called the Bombay Provincial Municipal Corporations (Gujarat Amendment) .Act, 1999 .

Short titleand commence- ment .

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

2. In the Bombay Provincial Municipal CorporationsAct, 1949 (hereinafter referred to as "the principal Act"), in section 2 , -

Bom. LIX of 1949.

( 1 ) after clause (6) , the following clause shall be inserted, namely :-

Ameud- ment of section 2 ofBom. LIX of 1949.

"(6A) " carpet area " means the floor area of a building excluding the area over which a wall whether outer or inner is erected; " ;

(2) after clause (7) , the following clause shall be inserted , namely:---

IV-EX 3-1

3-1

INDEX ΕΧ΄ , 9-3-1999

GUJARAT GOVERNMENT GAZETTE

[PART IV 3-2

(7A) " chawl " means a building consisting oftwo or more tenements whether having common sanitary and other facilities or not and declared as such by the Commissioner by notification in the Official Gazette;".

: 3. In the principalAct , in section 19A, in sub-section (2 ), the words , letters and figures " not exceeding Rs . 3000/- " shall be deleted .

Amend- ment of section 19A of Bom. LIX of 1949,

4. In the principal Act, in section 127, in sub - section ( 1 ) , for clause (a), the following clause shall be substituted , namely :

"(a) property taxes either under section 129 or property tax under section 141B; " .

Amend- ment of section 127 of Bon . LIX of1949 .

5. In the principal Act , after section 141A, the following heading and sections shall be inserted, namely:-

Insertion ofhead- ding and sections 141B t 144F in Bom. LIX of1949.

" PROPERTY TAX

141B . ( 1 ) For the purposes of sub - section ( 1 ) of section 127, property tax shall, subject to such exceptions , limitations and conditions hereinafter provided, be levied annually on buildings and lands in the City at such rate per square metre of the carpet area of buildings and of the area of lands (hereinafter: referred to as " the rate of tax " ) as the Corporation may determine .

Property tax at what rate leviable.

(2) For the purpose of levy of tax on buildings in the City under sub - section ( 1 ) ,

(a) the buildings may be classified into residential buildings and buildings other than residential ; and

(b ) the Corporation may determine one rate of tax for residential buildings and the othe, ate of tax for buildings omer than residential :

Provided that it shall be lawful for the Corporation to determine for residential buildings , the carpet area of which does not exceed forty square metres , such rate of tax as is lower than the rate of tax determined for residential buildings generally under this sub- section .

(3) The rate of tax determined under sub - section ( 1 ) read with sub- section ( 2) shall not-

(a) in respect of residential buildings , be less than ten rupees per square metre of carpet

area and more than forty rupees per square metre of carpet area , and ( b) in respect of buildings other than residential, be not less than twenty rupees per square metre of carpet area and more than eighty rupees per square metre of carpet area .

(4) The Corporation may, subject to rules , increase or decrease or neither increase nor decrease the rate of tax determined under sub- section ( 1 ) read with sub- sections (2) and (3 ) ,

(a ) in the case of residential buildings , having regard to the following factors , namely :-

(i) the market value of the land in the area of the City in which the buildings are situate,

(ii) the length of the time of the existence of the buildings .

INDEX PART IV ]

GUJARAT GOVERNMENT GAZETTE ΕΧ . , 9-3-1999

3-3

(iii ) the type of the buildings , and

(iv) whether the buildings are occupied by owners or tenants ,

(b) in the case of buildings other than residential , having regard to the following factors , namely:-

( i ) the market value of the land in the area of the City in which the buildings are situate ,

( ii) the length of the time of the existence of the buildings ,

( iii) the purpose for which the buildings are used , and

(iv) whether the buildings are occupied by owners or tenants .

(5) In lieu of the property tax leviable under sub - section ( 1 ) read with sub - sections ( 2) and (3 ) , there shall be levied annually on ,

(a) residential huts , and

(b ) residential tenements in a chawl, each such tenement having carpet area not exceeding twenty- five square metres ,

such amount of tax as the Corporation may determine:

Provided that the amount so determined shall not be less than such amount as the State Government may, by notification in the Official Gazette , specify.

Explanation.- For the purpose of levy of tax under this section , where an addition is made to an existing building whereby the carpet area of tiiat building is increased , such addition shall be treated as a separate building and the length of the time of its existence shall be computed from the year in which the addition is made .

141C. The property tax shall be levied in respect of all buildings and lands in the City except the buildings and lands vesting in the Government and used solely for the public purpose and not used or intended to be used for purpose of trade or profit, or vesting in the Corporation , in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the Government or the Corporation , respectively.

Property tax on what buildings and landsto belevied.

141D. The State Government shall pay to the Corporation annually by the 31st day of March in every year in lieu of property tax from which buildings and lands vesting in the State Government are exempted by section 141C, eight- tenths of the amount of tax which would be payable by an ordinary owner on account of property tax if such buildings and lands had vested in him .

Payments tobe madeto Corprora ion in Lu of property tax.

141E. ( 1 ) There shall be given a rebate of fifteen per cent. of the amount of property tax leviable on buildings,-

Rebate in certain cases .

(a) to which private water supply is not furnished from , or which are not connected by means of communication pipes with, any municipal water works , or

(b)which are not situate in any portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or public stand posts , fountains or by any other means .

(2) There shall be given a rebate of twenty per cent . ofthe amount of property tax leviable in respect of a cellar or any floor other than a ground floor , of a building other than residential .

INDEX 3-4

GUJARAT GOVERNMENT GAZETTE EX. , 9-3-1999

PART IV

141F. The provisions of sections 138 , 139, 140, 141 and 141A shall apply in relation to property tax levied under section 141B subjectto modifications specified in Appendix I -A. " .

Applica- tion of certain sections tolevy ofpro- perty tax.

6. Inthe principal Act, section 454, except the proviso, shall be renumbered as sub - section ( 1 ) ofthat section , and

(a) after sub- section ( 1 ) as so re - numbered, the following sub- section shall be added, namely:-

Amend- ment of section 454of Bom. LIX of1949.

"(2) The Corporation may make rules either prospectively or retrospectively for the purposes of levy ofproperty tax under section 141B:

Provided that while making any rules under this sub- section, no provision for breach thereof under section 468, shall be made retrospectively " .;

(b) in the proviso, for the words "Provided that " , the words " Provided further that " shall be substituted ." .

7. In the principal Act , after Chhapter XXXI , the following Appendix shall be inserted, namely :

"APPENDIX I -A

Insertion of Appen- dix I-A inBom, LIX of 1949.

(See section 141F)

Modifications

1. In section 138 ,-

(1) in sut se tion ( 1 ), for the words " any water tax or conservancy tax " , the words " any property tax" shall be substituted;

(2) in the marginal note , for the words " Water tax or conservancy tax " , the words "Property tax " shall be substituted .

2. In section 139 ,-

(1 ) in sub- section ( 1 ) , for the words " property taxes " occuring at two places , the words "property tax " shall be substituted;

(2) in sub -section (2) , for the words " property taxes " occuring at two places, the words "property tax " shall be substituted;

(3) in the marginal note , for the words "property taxes " , the words "property tax " shall be substituted.

3. In section 140,-

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

(a) for the words " any property tax " , the words " property tax " shall be substituted;

(b) for the portion beginning with the words " which the rent paid by such occupier " and ending with the words " of the said premises " , the following shall be substituted, namely:---

" as the carpet area of the permises occupied by such occupier bears to the aggregate carpei area of the said premises occupied by both or all of them. " ;

INDEX PART IV ]

3-5 GUJARAT GOVERNMENT GAZETTE EX. , 9-3-1999

(2) in sub- section (3 ), for the words " a property tax " , the words "property tax " shall be substituted.

(3 ) in the marginal note, for the words " property taxes " , the words " property tax " shall be substituted .

4. In section 141 ,-

(1) in sub -section ( 1 ),

(a) for the words "property taxes " , the words " property tax " shall be : stituted;

(b) the Explanation shall be deleted;

(2 ) in the marginal note , for the words " property taxes ", the words "property tax " shall be substituted.

5. In section 141A, for the proviso to sub - section ( 1 ) , the following proviso 'shall be substituted, namely:-

"Provided that where the property fax for any official year in respect of,-

(a) a residential hut , or

(b) a residential tenement, in a chawl , having carpet area not exceeding twenty five square metres , is not paid before the end of the official year to which such tax relates but is paid thereafter, the interest shall be leviable for the period commencing on the date immediately after the expiry of the official year and ending on the date of the payment of the property tax ." .

IV-Ex. 3-2

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

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

सममेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 16, 1999 / PHALGUNA 25, 1920

VOL. XL]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 12th March, 1999 is bereby published for general information .

KUM . H. K. JHAVERI,

Secretaryto the Government of Gujarat, Legislative and Parliamentary Affairs Department

GUJARAT ACT NO. 4 OF 1999 .

(First published, after having received the assent of the Governor in the GujaratGovernment Gazette on the 16th March , 1999) .

AN ACT

toauthorise 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 , 1999.

It is hereby enacted in the Fiftieth Year of the Republic of India as fellows:-

Shorttitle.

1. This Act may be called the Gujarat (Supplementary)Appropriation Att, 1999.

Rs.29,46,46,87,000 from and out of theConsolidated from Fund ofthe State ofGujarat for the financial year 1998-99.

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 nine hundred forty - six crores , forty- six lakhs , eighty- seven thousand rupees towards defraying the several charges which will come in course of payment during the financial year ending on the thirty - first day of March, 1999, in respect of the services and pürposes 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 shallbe appropriated for the services and purposes expressed in the Schedule, in relation to the said ycar..

4-1

IV -Ex . 4-1

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , Ε.Χ. , 16-3-1999

4-21

SCHEDULE

( See sections 2 and 3 )

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1,37,000

Revenue

Agriculture and Cooperation Department

28,77,90,000

Revenue

Agriculture

29,35,000

Revenue

27,90,000

Capital

Minor Irrigation, Soil Conservation and Area Development

4,62,45,000

Revenue

10,95,86,000

Capital

Animal husbandry and Dairy Development

1,26,89,000

Revenue

Cooperation

2,66,98,000

Capital

726,47,84,000

5,48,00,000

720,99,84,000

Revenue

Education

58,67,000

Révenue

17,74,00,000

Capital

Other expenditure pertaining to Education Department

12,00,000

Revenue

10 Energy and Petro Chemicals Department

964,78,93,000

Revenue

Energy Projects

45,06,000

Revenue

Finance Department

INDEX 4-3

16-3-1999

PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . ,

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund 3

1,13,95,000

Revenue

1,13,95,000

15 Tax Collection Charges (Finance Department )

1,000

Revenue

16 Treasury and Accounts Administration

414,68,00,000

Revenue 414,68,00,000

17 Pension and other Retirement Benefits

6,77,12,000

Capital 6,77,12,000

18 Other expenditure pertaining to Finance Department

39,35,97,000

Revenue

14,11,82,000

Capital

Repayment of debt pertaining to Finance Department. and its servicing

45,78,000

Revenue

45,78,000

20 Food , Civil Supplies and Consumer Affairs Department

1,000

Revenue

21 Civil Supplies

54,91,000

Revenue

54,91,000

Food

22.

Capital

Other expenditure pertaining to Food, Civil Supplies and Consumer Affairs Department

9,40,000

Revenue

24 Forest and Environment Department

3,30,28,000

92,28,000

Revenue

2,38,00,000

Forest

1,70,88,000

Capital

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-1999

44 ]

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged onthe Consolidated Fund

54,60,000

Revenue .

Governor

14,00,000,

14,00,000 :

Revenue

Council of Ministers

4,97,83,000

4,97,83,000.

Revenue

Elections

32,50,000

Revenue

31 Public Service Commission,

6,46,87,000

Revenue

32 General Administration Department

35,76,000

Revenue

95,30,000

Capital

Other expenditure pertaining to General Administration Department.

20,13,000

Revenue

State Legislature

-35

47,41,46,000

1,000

47,41,45,000

Revenue

Medical and Public Health

7,17,00,000.

7,17,00,000

Revenue

39 Family Welfare

37,64,000

Revenue

41 Home Department

36,81,35,000

10,98,000

36,70,37,000

Revenue

Police

6,46,76,000

Revenue

44 Transport

10,99,000

10,98,000

1,000

Revenue

90,71,000

90,71,000-

Capital

Other expenditure pertaining to Home Department

INDEX 4-5

16-3-1999

PART IV GUJARAT GOVERNMENT GAZETTE, EX. ,

Services and purposes

No. of Vote/ Appro- priation

Revenue 47 Industries and Mines Department

Revenue

48 Stationery and Printing

Revenue .

49 Industries

Capital

Revenue 51 Other expenditure pertaining to Industries and Mines Department

Revenue 52 information, Broadcasting and Touristum Department (Now information and Broadcasting Department)

Revenue 53 Information and Publicity

Revenue Tourism

Revenue 55 Other expenditure pertaining to Information and Broadcasting Department

Revenue 56 Labour and Employment Department

Revenue 57 Labour and Employment

Capital 58 Other expenditure pertaining to Labour and Employment Department

H-1916-2

INDEX

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

22,12,000 22,12,000

2,83,85,000 2,83,85,000

1,19,08,000 1,19,08,000

25,00,000 25,00,000

1,21,000 1,21,000

4,02,000 4,02,000

79,25,000 79,25,000

22,31,000 22,31,000

52,43,000 52,43,000

6,96,62,000

6,96,62,000 [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 16-3-1999

4-6 ]

Sums not exceeding

Total Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

29,17,000

Revenue

59 Legal Department .

1,33,49,000

Revenue

60 Administration of Justice

15,00,000

Capital

Other expenditure pertaining to Legal Department

1,000

Revenue

62 Legislative and Parliamentary Affairs Department

75,000

63. Other expenditure pertaining to Capital Legislative and Parliamentary Affairs Department

94,70,000

Revenue

64 Narmada , Water Resources and Water Supply Department

75,00,02,000

Capital

65 Narmada Development Scheme

28,30,59,000

19,81,000

28,10,78,000

125,64,60,000

2,33,12,000

123,31,48,000

Revenue Capital.

66 Irrigation and Soil Conservation

1,000

Capital

67 Water Supply

4,74,30,000

Revenue

68 Other expenditure pertaining to Narmada , Water Resources and Water Supply Department

48,65,000-

48,65,000

Revenue

69. Panchayats , Rural Housing and Rural Development Department

INDEX 4-7

PART IV ] GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-1999

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund 3

98,40,20,000

Revenue

Community Development

2,69,69,000

27,88,000

Revenue 2,41,81,000

71 Rural Housing and Rural Developinent

77,76,000

Revenue

77,76,000

72 Compensations and Assignments

16,37,41,000

Revenue, 16,37,41,000

1,34,54,000

Capital

Other expenditure pertaining to Pachayats , Rural Housing and Rural Development Department

68,04,000

Revenue

68,04,000

74 Fisheries

7,51,000

Revenue

Other expenditure pertaining to Ports and Fisheries Department

34,20,000

Revenue

76. Revenue Department

3,71,39,000

Revenue

3,71,39,000

77 Tax Collection Charges (Revenue Department ).

4,17,89,000

Revenue 4,17,89,000

78 District Administration

2,000

Revenue

79 Relief on Account of Natural Calamities

15,84,000

Revenue

15,84,000

80 DangDistrict

4,94,11,000

Revenue 4,94,11,000

81 Compensation and Assignments

20,45,000

Revenue

83 Roads and Buildings Department.

1,64,68,000.

1,60,68,000

84 Non-Residential Buildings

2,000

Revenue

Capital

INDEX [ PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-1999.

48 ]

Sums not exceeding

Total Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1,43,98,000

Revenue

85 . Residential Buildings

70,30,53,000

17,50,000

70,13,03,000

25,79,12,000 Roads and Bridges

68,35,000

25,10,77,000

Revenue Capital

1,000

Capital

87 Gujarat Capital Construction Scheme

1,51,61,000

Revenue

88 Other expenditure pertaining to Roads and Buildings Department

28,76,92,000

3,15,000

28,73,77,000

Revenue

90 Social Security and Welfare

2,15,94,000

Revenue

Welfare of Scheduled Tribes

1,18,72,000

Revenue

93 Special Component Plan for Scheduled Castes .

5,88,78,000

6,86,000

5,81,92,000

5,51,000 Tribal Area Sub Plan

5,48,000

3,000

Revenue Capital.

1,79,11,000

34,55,00,000 Urban Housing

34,55,00,000

Revenue Capital

11,94,48,000

Revenue

Urban Development

20,90,00,000

Revenue

98 Compensations , Assignments and Tax Collection Charges

2627,44,72,000

57,03,03,000

2570,41,69,000

Revenue

Total

319,02,15,000

17,18,77,000

301,83,38,000

Capital

2946,46,67,000

74,21,80,000

2872,25,07,000

Grand Total:

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 5

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 30 , 1999 / CAITRA 9, 1921

VOL . XL ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 26th March, 1999 is hereby published for general information.

KUM . H. JHAVERI ,

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

GUJARAT ACT NO . 5 OF 1999 .

(First published, after having received the assent of the Governor in the Gujarat Government Gazette on the 30th March , 1999).

AN ACT

further to amend the Gujarat State Tax on Professions , Trades , Callings and Employments Act , 1976 .

It is hereby enacted in the Fiftieth Year of the Republic of India as follows:

Short title and 1. (1) This Act may be called the Gujarat State Tax on Professions, Trades , Callings and Employments (Amendment)Act, 1999.

(2) It shall come into force on the 1st April, 1999.

Prosi-

2. In the Gujarat State Tax on Professions , Trades, Callings and Employments Act, 1976, in Schedule I, for the entry at Sr. No. 4 and the Explanations and Exemptions thereunder, the following entry shall be substituted, namely:

Amendment of Schedule I to President's Act No.11of1976.

dent's 11 of Act No.. 1976.

*4.

Rs. 1000 every year.".

IX 1932.

Firms registered under the Indian Partnership Act, 1932 which are engaged in any profes sions, trades or callings .

IV -Ex . 5-1

5-1

GOVERNMENT CENTRAL PRESS , GANDIJINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 6

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY , MARCH 30, 1999 / CAITRA 9 , 1921

VOL. XL]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by theGovernor on the 26th March , 1999 is hereby published for general information .

KUM. H. K. JHAVERI ,

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

GUJARAT ACT NO . 6 OF 1999 .

(First published , after having received the assent of the Governor in the GujaratGovernment Gazette on the 30th March , 1999) .

AN ACT

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

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

1. (1) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Amendment) Act, 1999.

(2) It shall come into force on the 1st April, 1999.

Amend Bom. LXV of1958.

2.In theBombay Motor Vehicles Tax Act, 1958 (hereinafter referred to as. "the principal Act"), in section 3,-

meatof section 3of Bom.

LXV. of 1958.

6-1

IV-Ex . 6-1

INDEX [PART-IV 6-2

GUJARAT GOVERNMENT GAZETTE , E.X , 30-3-1999

(1) insub-section (1), for the words "Fourth and Fifth " , the words "Fourth, Fifth, Sixth and Seventh " shall be substituted;

(2) in the proviso , after the words " Fourth Schedule ", the words " or Sixth Schedule" shall be inserted.

3. Inthe principal Act, in section 4, in sub -section (1AB) , for the words "Fourth Schedule or Fifth Schedule " , the words " Fourth Schedule, Fifth Schedule, Sixth Schedule or Seventh Schedule " shall be substituted.:

Amendmentof section 4of Bom. LXVof 1958.

4. In the principal Act, in section 9, after sub-section (4), the following sub-section shall be inserted , namely: -

Amendment of section 9of Bom. LXV of 1958.

"(4A) Where a person is entitled to a refund of tax under sub -section (1 ) , (2), (3) or (4) and,-

(a) the amount of such refund exceeds the amount of tax, penalty or interest or the aggregate of any of them which is due from such person in respect of any otherperiod at the time of payment of the amount of refund to him, there shall be paid to him by the Taxation Authority either the whole amount of refund orathis option the balance of the amount of refund remaining after deduction therefrom the amount of such tax, penalty or interest or the aggregate of any ofthem;

(b) the amount of such refund is less than the amount of tax, penalty or interest or the aggregate of any of them which is due from such person in respect of any other period at the time of payment of the amount of refund to him, there shallbe paid to him by the Taxation Authority the whole amount of refund or at his option the whole amount of refund shall be appropriated by the TaxationAuthority towards payrment of the amount of such tax, penalty or interest or the aggregate of any of them and the balance shall be recoverable from him." .

5. In the principal Act, in section 11, in sub -section (2) , in clause (c) , for the words " Sixth Schedule " , the words " Eighth Schedule " shall be substituted. ww

Amendment of section 11 of Bom. LXV of 1958.

6. In the principal Act, in section 25, for the words "Seventh Schedule", the words " Ninth Schedule " shall be substituted

7. In the principal Act, in the First Schedule, in Part -I, for clause (IV), the following clause shall be substituted, namely:

Amendment of section 25 of Bom . LXV of 1958. Amendment of First Schedule to Bom. LXV of 1958,

"IV. Motor vehicles (including tricycles ) plying for hire and used for the carriage ofpassengers ,

(a) Vehicles licensed to carry more than six passengers

Rs . 1100 plus Rs . 100 for every passenger inaddition to sixpassengers which the vehicle is so licensed to carry:

INDEX PART-IV ]

6-3 GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-1999

Provided that where a tax on motor vehicles is levied by any local authority the maximum annual rates of tax under this clause for motor vehicles registered for use solely within the limits of such local authority shall,-

(i) in cases where such motor vehicles are wholly or partially exempted by: such local authority from the tax levied by such local authority, be the rates specified in this clause;

(ii) in any other case, be two - thirds of the rates so specified .

(b) Vehicles-registered in any other State before or on or after the 1st April, 1999 and brought for use in the State for a temporary period,

(i) Vehicles licensed to carry in all not more than three passengers 400

900

(ii) Vehicles licensed tocarry inall fourpassengers.

The rate specified in (ii ) above plus Rs . 100 for every passenger in addition to four passengers which the vehicle is licensed to carry. "

(iii) Vehicles licensed to carry more than four passengers but not more than sixpassengers .

8. In the principal Act, the existing SIXTH SCHEDULE shall be renum- bered as EIGHTH SCHEDULE .

Amen- dment of Sixth Schedule Bom. LXV of 1958..

Amen- dment of Sixth Schedulc toBom . LXV of 1958.

9. In the principal Act, the existing SEVENTH SCHEDULE shall be renum- bered as NINTH SCHEDULE.

Amend- ment of Seventh Schedule to Bom . LXV of 1958.

Amend- meatof Seventh Schedule to Bom. LXV of 1958.

10. In the principal Act, after the Fifth Schedule , the following Schedules shallbe inserted, namely:

Insertion of new Schedules in Bom. LXV of1958.

Schedules Insertion ofnew inBom. LXV of 1958.

INDEX [PART-IV 6-4

GUJARAT GOVERNMENT GAZETTE , Ε.Χ , 30-3-1999

" SIXTH SCHEDULE

(See section

Motor vehicles registered in the State of Gujarat on or after the 1st April , 1999 and plying for hire and used for the carriage of passengers.

Part I.

Maximum rate of lump

sum-tax

Motor Vehicles using motor spirit, compressed natural gas or operated by electric hastery orsolar energy.

Rs .

4000

(a) Two wheelers vehicles licensed to carry not more than two passengers .

(b) Three wheelers vehicles ordinarily known as autorickshaw,-

4000

(i) licensed to carry not more than threepassengers

12000

(ii) licensed to carry four passengers

14000

(iii) licensed to carry five passengers

15000

(iv) licensed to carry six passengers

Eight per cent, of the cost ofvehicle .

Twice the rates specified in clauseA.

Motor vehicles falling under clause A and manufactured out of India and imported into India after the 31 st March 1999.

Part II.

The rates specified inpart I plus a surcharge of fiftyper tent.

Motor vehicles using fuel other than motor spirit, compressed natural gas or operated by electric battery or solar energy.

Explanation I. 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 is not produced for any reason , then, the cost of vehicle shall be calculated as follows, namely:-

(1) (i ) Incase of model of such vehicle is being manufactures, 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.

(2) If the cost of vehicle could not be calculated 23 per clause (1), the prevailingcostofsimilar vehicle determined by the Taxation Authority, closest inengine capacity and unladen weight of the vehicle in respect ofwhich a tax is to be levied and collected.

Explanation II. In calculating the cost ofvehicle, if the cost of the vehicle is not inmultiple of hundred, the fraction of a huzidred not exceeding fifty rupees shall be ignored and the fraction of hundred exceeding fifty rupees shall be taken as hundred rupees.

INDEX 6-5 GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-1999

PART-IV]

SEVENTH SCHEDULE

(See section 3)

Motor vehilces specified in the Sixth Schedule registered in the State of Gujarat before thebefore the 1st April , 1999 and the motor vehicles registered in any other State and brought for use or keeping for use in the State of Gujarat on or after the 1st April, 1999

Rate of lump sum

If the age of yoliple from the month of registration

95% of the tax

1. not more than 2 years

90% of the tax. ,

2. more than 2 years but not more than 3 years

85% ofthe tax.

3. more than 3 3 years but not more than 4 years

80% ofthe tax.

4.. more than 4 years but not more than 5years

75% of the tax.

5. more than 5years 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 7years but not more than 8 years

60 % of the tax.

8: more than 8 years but not more than 9years

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% ofthe tax.

11. more than 11 years but not more than 12 years

40% of the tax.

12. more than 12 years but not more than 13 years

35%ofthe tax.

: : 13. more than 13 years but not more than 14 years

30%ofthetax.

14. more than14years

Explanation: For the purposes of this Schedule, the expression 'tax' means the tax leviable under the Sixth Schedule.".

IV- EX. 6-2.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 7

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 30, 1999 / CAITRA 9 , 1921

VOL. XL ]

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

PART - IV Acts of the Gujarat Legislature and Ordinances promulgated and Regulations, made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 26th March, 1999 is hereby published for general information.

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 7 OF 1999 .

(First published, after having received the assent of the Governor in. the Gujarat Government Gazette on the 30th March , 1999) .

AN ACT

further to amend the Bombay Stamp Act, 1958 .

Itis hereby enacted in the Fiftieth Year of the Republic of India as follows: :

1. ( 1) This Act may be called the Bombay Stamp( Gujarat Amendment ) Act, 1999 .

Shorttitle and commence- ment.

(2). It shall come into force on the 1st April , 1999.

Bom. LX of1958 .

2. In the Bombay Stamp Act , 1958 ( hereinafter referred to as "the principal Act " ) , in section 2, in clause ( k ) , after sub - clause (ii ) , the following clause shall be inserted, namely :

Amendment of section 2 of Bom. LX of 1958 .

" ( iii ) impression by franking machine ; " .

3. In the prinicipal Act , in section 10, after sub - section (2) , the following sub -sections shall be inserted , namely:

Amendment ofsection 10 ofBom , LX of

(2A) The Chief Controlling Revenue Authority may authorise , 1958 . subject to such conditionsas, it may deern fit , the use of franking machine formaking impressions on instruments chargeable with duties , to indicate payment of duties on such instruments ;

IV-Ex . 7-1

7-1

INDEX [PART-IV.

GUJARAT GOVERNMENT GAZETTE, EX, 30-3-1999

7-2

(2B ) ( 1 ) Where the Chief Controlling Revenue Authonty or Superintendent of Stamps authorised by him ip this behalf, is , having regard to the number of instruments exécuted by a person and the amount of duty charged thereon , satisfied that it is necessary in the public interest. so to do. it or he may by en order in writing , authorise such person to use franking machine subject to such conditions as laid by general or special order in this behalf by the Chief Controlling Revenue Authority .

(ii ) Where there is breach of any of conditions of the authorisation, the authority granting authorisation under clause ( i) may revoke the authorisation .

( iii ) The Chief Controlling Revenue Authority may , by order , determine the procedure for regulating the use of franking machine . " .

4. In the principal Act, in section 53, to sub - section ( 1 ) , the following provisos shallbe added, namely:-

Amendment ofsection53 of Bom . LX of 1958.

"Provided that the Chief Controlling Revenue Authority shall not entertain an application made by a person under sub - section ( 1 ) , unless ,

(a) such application is presented within a period of sixty days from the date of order of the Collector ;

(b) such person deposits twenty - five per cent . of the amount of duty or as the case may be amount of difference of duty payable by him in respect of subject matter of the instrument for which application has been made.:

Provided further that where in any particular case the Chief Controlling Revenue Authority is of the opinion that the deposit of the amount by the applicant may cause undue hardship to him , the authority may in its discretion , either unconditionally or subject to such conditions as it may think fit to impose , dispense with a part of the amount deposited so however that the part of the amount so dispensed with shall not exceed fifty percent, of the amount deposited or required to be deposited . " .

5. In the principal Act , in Schedule I, in article 6 , in clause (2 ) , in item ( ii ) , in column II , for the words " one rupee " , the words " twenty paise " shall be substituted .

Amendment : of Schedule I to Bom . LX of 1958.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 8

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 30, 1999 / CAITRA 9, 1921

VOL . XL ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 26th March, 1999 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 8 OF 1999 .

(First published, after having received the assent of the Governor in the GujaratGovernment Gazette on the 30th March, 1999) .

AN ACT

further to amend the Bombay Electricity Duty Act, 1958 .

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

1. (1) This Act may be called the Bombay Electricity Duty ( Gujarat Amendment) Act, 1999.

.Short title and commence- ment.

(2) It shall come into force on the 1st April, 1999 .

Bom. XL of1958.

1958. Amendment of section 2: Bom . XL of LIV of 1948.

2. In the Bombay Electricity Duty Act , 1958 (hereinafter referred to as "the principal "Act "), in section 2, in clause (c), for the words , figures and brackets "supplying energy and the State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 " , the words , figures , letter and brackets " supplying energy , the generating company as defined in sub- section (4A) of section 2 of the Electricity (Supply ) Act, 1948 and the State Electricity Board constituted under section 5 of that Act of 1948 " shall be substituted .

LIV of 1948.

3. In the principal Act, in section 3,

Amendment of section 3. Bom. XL of

: (1) in sub- section (1 ) , for the brackets , figure and letters " (2AA) " , the brackets , figures and letters " (2AA) , (2AAA) " shall be substituted;

1958 .

(2) in sub - section (2) , in clause (vii), for sub - clause (a) , the following shall be substituted, namely :-

" ( a) in the case of an industrial undertaking which generates energy for its own use, five years from the 1st April , 1999 , the date of com-

IV-Ex . 8-1

INDEX

8-1 [PART-IV 8-2

GUJARAT GOVERNMENT GAZETTE , E.X, 30-3-1999

mencement of the Bombay Electricity Duty (Gujarat Amendment ) Act, Guj . 8 1999. or the date of starting the generation of such energy, whichever is of 1999, later; ";

(3) sub -section (2A) shall be deleted;

(4) after sub- section (2AA), the following sub -section shall be added, namely:-

Guj . 8 of 1999.

"(2AAA) (a) Nothing contained in this Act as amended by the Bombay Electric ity Duty (Gujarat Amendment) Act , 1999 (hereinafter referred to as " the Amending Act of 1999" ) shall affect any exemption granted to an existing industrial undertaking before the 1st April, 1999 and such exemption shall continue for the period provided in sub-clause (a) of clause (vii ) of sub- section (2) or, as the case may be , sub- section (2A) , as if the Amending Act of 1999 was not passed.

(b) Notwithstanding anything contained in sub-clause (a) of clause (vii ) of sub-section (2) or sub- section (2A) , as amended by the Amending Act of 1999, any existing industrial undertaking which was eligible for exemp- tionunder the provisions of sub-clause (a) of clause (vii ) of sub - section (2) or sub - section (2A) before 1st April , 1999 but which did not avail of such exemption before that date shall be eligible for such exemption under the said sub -clause ( a) of clause (vii ) or the said sub- section (2A) , as if the AmendingAct of 1999 was not passed.

(c) Notwithstanding anything contained in sub- clause (a) of clause (vii) of sub - section (2) as amended by the Amending Act of 1999, where any un- dertaking has started generation of energy for its own use before the Ist April, 1999 but has not commenced manufacture or production of goods before that date, such undertaking shall be eligible for exemption under the said sub-clause (a) of clause (vii) of sub - section (2) , as if the Amending Act of1999 was not passed .

Explanation. For the purpose of this sub- section, an existing industrial undertaking means an industrial undertaking which exists on the 1st April, 1999 andwhich manufactures or produces goods but does not include an undertaking which manufactures or produces any kind of food and drinks meant ordinarily for consumption on the premises of the undertaking. "..

4. In the principal Act, in section 4, after sub- section (3 ) , the following sub- section shall be inserted, namely:-

Amendment of section 4 ofBom. XL of1958.

"(3A) The State Government or an officer authorised by the State Government in this behalf, may, in respect of any consumer,-

(a) extend the date of payment or allow him to pay electricity duty by instalments in such manner and on such conditions as may be prescribed,

(b) allow deferment of payment of electricity duty under such circumstances , on such conditions and for such period not exceeding five years in aggregate , as may be prescribed." .

5. In the principal Act, in section 9 , for the words " fifty rupees " , the words "one thousand rupees " shall be substituted.

Amendment of section 9 ofBom. XL of1958.

6. In the principal Act , in section 12, in sub - section (2) , for clause (a) , the following clause shall be substituted, namely: -

Amendment ofsection 12

om. XL

1958.

INDEX 8-3

PART-IV] GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-1999

"(a) prescribe the time and manner of payment of electricity duty, the manner and conditions for extending the date of payment of electricity duty and payment of electricity duty by instalments ; the circumstances in which and conditions subject to which and the period for which deferment of payment of electricity duty may be allowed under section 4; " .

7. In the principal Act, in Schedule I, in Part I, below item (7) , in Explanation I , in the proviso , after clause (b) , the following clause shall be added , namely:-

Amend- ment of Schedule I to Bom.XL of 1958 .

: "(c) where a licensee who has installed the generating set for his own use supplies surplus electrical energy to any other industrial undertaking (hereinafter referred to as " the receiving undertaking ") , the charges payable by any other consumer for such quantum of power to the licensee who is engaged in the business of supplying energy within the area where the receiving undertaking is located shall be deemed to be 'consumption charges' for such supply of energy. " .

8. In the principal Act, in Schedule II , in part I,--

Amendment of Schedule II to Bom.XL of 1958.

(1 ) in item 5, in sub- item (a) , in column 2, for the figures and words " 10 paise per unit ", the figures and words "40 paise per unit " shall be substituted;

(2) in item 6, in column 2, for the figure and words " 3 paise per unit " , the figures and words " 20 paise per unit " shall be substituted;

(3) in item 7 , in column 2, for the figures and words "35 paise per unit " , the figures and words " 70 paise per unit " shall be substituted.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 9

REGISTERED NO . G/ GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XL ]

TUESDAY, MARCH 30, 1999 / CAITRA 9 , 1921

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 26th March , 1999 is hereby published for general information.

KUM . H. K. JHAVERI,

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

GUJARAT ACT NO . 9 OF 1999 .

(First published , after having received the assent of the Governor in the Gujarat Government Gazette on the 30th March , 1999).

AN ACT

further to amend the Gujarat Sales Tax Act, 1969 .

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

1. (1) This Act may be called the Gujarat Sales Tax (Amendment) Act, 1999.

Short title and commmence- ment.

(2) It shall come into force on the 1st April , 1999.

Amendment of section2 of Guj . 1of 1970.

Guj . 1 of1970.

2. In theGujarat Sales Tax Act, 1969 (hereinafter referred to as " the principal Act"), in section 2,

(1) for clause (21), the following clause shall be substituted, namely:---

"(21)" prohibited goods " means the goods described in entries 4, 5, 17, 19, 20, 21 , 25, 27, 32, 35, 36, 37, 38, 40, 44, 45, 46 and 54, 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; " ;

91ف

IV-Ex. 9-1

INDEX [PART-IV GUJARAT GOVERNMENT GAZETTE, E.X, 30-3-1999

9-2

(2) in clause (25), after the word and figures " section 29 " , the word and figures " or 30 " shall be inserted;

(3 ) in clause (28) , the existing Explanation shall be re- numbered as Explanation, I and after the Explanation I as so re- numbered, the following Explanation shall be. added, namely :

"Explanation II.For the purposes of sub-clause (c) of this clause, the expression "works contract " means a contract for execution of works and includes such works contract as the State Government may, by notification in the Official Gazette, specify ; " .

Amendment of section 3A of Guj. 1.of1970:

3. In the principal Act, in section 3A, in sub -section ( 1) , in clause (b) , for the letters and figures "Rs . 5,000 " , the letters and figures " Rs. 50,000 " shall be substituted.

Amendment of section 13 of Guj . 1 of 1970,

4. In the principal Act , in section 13 , in clause (B) , for the words "prohibited goods ", the words " goods which are liable to tax at the rate of two paise in the rupee or less than that rate of two paise or the prohibited goods " shall be inserted.

5. In the principal Act, in section 15B, in clause (b ) , for the words "six paise " , shall be substituted. the words " four paise " sha

Amendment of section 15B of Guf, 1 of 1970.

6. Inthe principal Act, after section 29, the following section shall be inserted, namely:-

Insertion of new section 30 in Guj. 1 of 1970.

Voluntary registration of dealers.

30. (1) A dealer having a fixed or regular place of business in the State and, who is not required to be registered under section 29, may apply in the prescribed manner for the certificate of registration to the authority prescribed for the purpose under section 29.

(2) If the prescribed authority is satisfied that the application made by the dealer under sub - section (1) is in order, it may grant him a certificate of registra- tion in the prescribed form :

Provided that no certificate of registration under this section shall be granted to the dealer unless he depósíts an amount of twenty - five thousand rupees in the Government Treasury for being adjusted against tax, penalty and interest, if any, payable by the dealer according to the returns furnished by him in the year in which the amount is deposited and in the year immediately succeeding:

Provided further that if after the expiry of two years from the date of registra tion, there is a balance left after adjusting the amount of tax, penalty and interest, if any, against the amount of deposit, the balance shall be refunded to the dealer under , the provisions of section 52 .

(3) The provisions of sub- section (4) and clause (a) of sub - section (7) of. section 29 shall apply in respect of the amendment or cancellation of the certificate of registration granted under this section .

INDEX 9-3 PART-IV] GUJARAT GOVERNMENT GAZETTE, EX.; 30-3-1999

(4) Notwithstanding anything contained in this Act, every dealer who has been registered under sub -section (2) shall, so long as his registration remains in force, be liable to pay the tax under this Act. " .

Amendment of Guj . 1 of 1970. section 30B of 7. In the principal Act , in section 30B , in sub- section (1) , for the words , figures and letter " section 29 or 30A " , the words , figures and letter " section-29, 30 or 30A" shall be substituted .

8. In the principal Act, in section 59 ,

Amendment of section 59 of Guj . 1 of 1970

(1) after sub - section (5), the following sub- section shall be inserted, namely :-

"(5A) Where-

(a) a carrier or bailee or any person to whom goods were delivered for transport has kept the said goods in any vehicle, vessel or place; and

(b) the Commissioner has reason to believe that tax on such goods is or is likely to be evaded,

the Commissioner may stop the vehicle or the vessel carrying such goods and enter and search the vehicle , vessel or place and inspect the goods and records relating to such goods and elicit such information from the carrier, bailée or any person as is relevant . " .

(2) in sub-section 6, -

V 1898. 2 1974. of of

(i) for the words and figures "Code of Criminal Procedure , 1898 " , the words and figures "Code of Criminal Procedure , 1973 " shall be substituted;

(ii) for the words, brackets and figure " sub - section (5) " , the words, brackets, figures and letter " sub-sections. (5) and (5A) " shall be sub- stituted .

9. In the principal Act , after section 59AA, the following section shall be inserted, namely:

Insertion of new section 59AAA in Guj . 1 of 1970.

Power to declare specifed goods.

"59AAA. (1 ) Where the State Government is of opinion that tax is or is likely to be evaded on sales or purchases of goods which take place in the State subsequent to their import from other State and that with a view to preventing such evasion , it is necessary so to do, it may by notification in the Official Gazette, specify such goods (hereinafter referred to as " the specified goods " ) .

(2) A registered dealer who intends to import specified goods from any other State for sale , use , consumption or any other disposal in the State, shall make a declaration in such form as may be prescribed and shall cause it to be carried with the specified goods, along with the documents to be carried under sub -section (3) of section 59A .

INDEX [PART-IV 9-4

GUJARAT GOVERNMENT GAZETTE , E.X, 30-3-1999

(3) On receipt of specified goods imported from other State , the registered dealer shall furnish a Statement in such form, to such authority and within such tifme, as may be prescribed.

10. In the principal Act, in section 75,

Amendment of section 75.of Guj . 1 of1970.

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

(a) in clause (c), after the word and figures " section 29 " , the word and figures " or 30" shall be inserted;

(b) in clause (j ) , for the words , figures and letter " section 59 or section 59B ", the words , figures and letters " section 59 or section 59A or section 59B " shall be substituted;

"Provided that in absence of special and adequate reasons to the contrary tobe mentioned in the judgement of the Court, such imprisonment shall not be less than three months and such fine shall not be less than rupees ten thousand. " .

11. In the principal Act, in Schedule I,

Amendment of. Schedule I to Guj . 1 of1970.

(1) for the entry at serial No. 4, the following entry shall be substituted, namely:

4. Bamboo , whether whole or split and articles made of bamboo

(2) after the entry at serial No. 11, the following entry shall be inserted, namely :-

" 11A , Buckets, drums and trunks ofG.P. sheets or C. R. Sheets

(3) after the entry at serial No. 16, the following entry shall be inserted, namely:

" 16A ( i) Chalk lumps

(ii) Ground chalks , i.e. chalk in powder form

INDEX 9-5 GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 30-3-1999

PART-IV]

(4) after the entry at serial No. 18, the following entry shall be inserted, namely:-

18A

-" ;

Chicory tubers or chicory roots whether cut or dried or processed

(5) for the entry at serial No. 20, the following entry shall be substituted, namely:-

"20 ( i) Chillies, tamarind and turmeric (whole)

(ii) Chillies, tamarind and turmeric in powder form

Except when sold in sealed package under a brand ." ;

(6) after the entry ať serial No. 34 , the following entry shall be inserted , namely:-

"34A Fishing nets

(7) in the entry at serial No. 49, in column 2, the words " when sold at a price not exceeding rupees fifty per kilogram" shall be deleted ;

(8) after the entry at serial No. 62, the following entry shall be inserted, namely :-

" 62A.

-";

Mosquito repellents in any form including its equipment and devices

(9) after the entry at serial No. 73 , the following entry shall be inserted, namely:---

"73A Printing blocks meant for use by printing press " ;

(10) after the entry at serial No. 74, the following entry shall be inserted, namely:-

"74AA Radio (one or two bands)

IV EX 9-2

INDEX 9-6

[PART-IV GUJARAT GOVERNMENT GAZETTE , E.X, 30-3-1999

(11 ) the entry at serial No. 77 shall be deleted;

(12) after the entry, at serial No. 80, the following entry shall be inserted, namely:-

"80A Screen printing blocks meant for use in printing fabrics

(13) after the entry at serial No. 82A, the following entry shall be inserted, namely:

"82AA Software

(14) after the entry at serial No. 87 , the following entry shall be inserted, namely:-

Timru leaves

"87A

(15) after the entry at serial No. 92, the following entry shall be inserted, namely:

#92A Varat and vartadi

(16) after the entry at serial No. 94 , the following entry shall be inserted , namely :--

" 94A Winding wall clocks and winding time -pieces and spare parts and accessories thereof

12. In the principal Act , in Schedule II, in Part A,-

Amendment of Schedule II to Guj . 1 of 1970.

(1) for the entry at serial No. 13A, the following entry shall be substituted, namely:-

"13A

Four paise in the rupee ";

Fourpaise inthe rupee

Bearing of all types , including ball-bearings , roller bearings , ... taper bearings and niddle roller bearings and spare parts and components there of

INDEX 9-7 GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-1999-

PART-IV]

(2) in the entry at serial No. 20, in columns 3 and 4, for the words " Twelve '. paise ", the words " Six paise " shall be substituted;

(3) in the entry at serial No.42, in sub - entry (ii ) , in columns 3 and 4, for the words "Six paise " , the words " Four- paise " shall be substituted ;

(4) the entry at serial No.47 shall be deleted;

(5) for the entry at serial No. 51 , the following entry shall be substituted, namely :-

4 1

#51 Ready made garments and articles prepared from any textile or handloom fabrics

Two paise in the rupee";

Two paise inthe rupee

(6) the entry at serial No. 53 shall be deleted;

(7) în the entry at serial No. 57, in columns 3 and 4, for the words " Six paise " , the words, "Four paise " shall be substituted ;

(8) the entries at serial No. 61,72,78 and 82 shall be deleted;

(9) in the entry at serial No. 85, sub - entry ( ii) shall be deleted;

(10) existing entry at serial No. 94, shall be re- numbered as sub -entry ( i) of that entry and after sub - entry ( i) as so re- numbered , the following sub - entry shall be inserted, namely:

4 2

"(ii) Bulk drugs .

Two paise in the rupee ";

Two paise in the rupee

-(11) in the entry at serial No.96 , for sub - entry (i) , the following sub -entry shall be substituted, namely :-

4 1

Fifteen paise in the rupee

Fifteen paise in the rupee "(i) (a) Domestic electrical appliances (whether fitted with or without electric motor) such as grinder, mixer ,grinder - cum mixer , juicers , irons, hair dryers , washing machines , heaters , hot-plates , toasters , cooking ranges , ovens , vaccum cleaners and geysers and components, parts and accessories of any of them :

Eight paise in the rupee" ;

Eight paise in the rupee

(b) Domestic flour mills and Commercial flour mills (whether fitted with or without electric motor)

INDEX [PART-IV GUJARAT GOVERNMENT GAZETTE , Ε.Χ, 30-3-1999

9-8

(12) the entry at serial No. 98 shall be deleted;

(13) existing entry at serial No. 101 , shall be re- numbered as sub - entry (i) of that entry and after sub -entry ( i) as so re- numbered, the following sub-entry shall be inserted, namely:

"(ii) Cement based mozaic tiles

Sixpaise in the rupee";

Sixpaise in the rupee

(14) in the entry at serial No. 102, in columns 3 and 4, for the words "Twelve paise ", the words " Six paise " shall be substituted.

(15) the entry at serial No. 109 shall be deleted;

(16) in the entry at serial No. 111A, in column 2, for the words "Hydraulic jacks for trailors of tractors ", the words " Hydraulic jacks for trailors of tractors and spare parts and accossories thereof " shall be substituted;

(17) in the entry at serial No. 112, in columns 3 and 4, for the words "Six paise ", the words "Two paise " shall be substituted;

(18) in the entry at serial No. 116, in columns 3 and 4, for the words " Fifteen paise " , the words "Six paise " shall be substituted;

(19) for the entry at serial No. 124, the following entry shall be substituted, namely:-

#124

Sixpaise in the rupee

Six paise in the rupee";

Marble of granite (raw or polished) and articles or chips thereof

(20) the entry at serial No. 127 shall be deleted ;

(21) in the entry at serial No. 128, in sub - entry (3), in columns 3 and 4, for the words "Fifteen paise " , the words " Six paise " shall be substituted;

(22) in the entry at serial No. 133 ,

(a) in the sub - entries (i) and (iii) , in columns 3 and 4, for the words "Eight paise ", the words " Four paise" shall be substituted;

(b) in the sub - entries ( ii ), ( iv) , (v) and (vi) , in columns 3 and 4, for the words "Twelve paise " , the words "Four paise " shall be substituted;

INDEX 99 GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-1999

PART-IV]

(23) in the entry atserial No. 140, in columns 3 and 4, for the words " Fifteen" paise", the words " Six paise " shall be substituted;

(24) the entry at serial No. 143.shall be deleted;

(25) in the entry at serial No. 145, in columns 3 and 4, for the words "Six paise",the words "Four paise " shall be substituted;

(26) in the entry at serial No. 163, in sub -entry (i), in columns 3 and 4, for the words "Fifteen paise ", the words "Six paise " shall be substituted;

(27) the entry at serial No. 174 shall be deleted;

(28) in the entry at serial No. 192, sub - entry (ii) shall be deleted .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

IV. EX.9-3

INDEX Extra No. 10

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, MARCH 30, 1999 / CAITRA 9 , 1921

VOL. XL ]

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 26th March , 1999 is hereby published for general information .

KUM . H. K. JHAVERI ,

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

GUJARAT ACT NO . 10 OF 1999 .

(First published, after having received the assent of the Governor in the Gujarat Government Gazette on the 30th March , 1999) ..

AN ACT

to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty - first day of March , 2000.

It is hereby enacted in the Fiftieth Year of the Republic of India as follows :

Short title.

1. This Act maybe called the Gujarat Appropriation Act, 1999 .

Withdrawal of Rs.2,06,03,20,69,000 Consolidated Fund oftheState of Gujarat for the financial year and out of the 1999-2000.

2. From and out of the Consolidated Fund of the State of Gujarat , there wi may be withdrawn sums not exceeding those specified in column 3. of the Schedule hereto annexed amounting inin the aggregate to the sum of Twenty thousand six hundred three crores , twenty lakhs , sixty - nine thousands rupees towards defraying the several charges which will come in course of payment during the financial year 1999-2000 , in respect of the services and purposes specified in column 2 of the Schedules

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 .

10-1

IV-Ex . 10-1

INDEX [PART-IV

GUJARAT GOVERNMENT GAZETΤΕ, Ε.Χ, 30-3-1999

10-2

SCHEDULE

(See sections 2 and 3)

Services and purposes

No. of Vote Appro- priation,

Revenue Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

4,04,35,000

1 Agriculture and Co-operation Department

4,04,35,000

2,26,15,35,000 2,26,15,35,000

Agriculture

Revenue

10,79,00,000

Capital

Revenue.

10,79,00,000

58.56,63,000 58,56,63,000

3,00,60,000 3,00,60,000

Capital Minor Irrigation, Soil Conservation and Area Development

Revenue

Capital Animal Husbandry and Dairy Development

Revenue

60,23,25,000 60,23,25,000-

33,58,11,000 33,58,11,000

Co-operation,

22,78,95,000 22,78,95,000

Capital

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

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

2,43,35,000 2,43,35,000

Revenue Education Department

30,36,15,95,000 79,65,50,000

29,56,50,45,000

Revenue 8 Education

Capital

Revenue

2,20,000 2,20,000

17,01,85,000 17,01,85,000

41,05,95,000 41,05,95,000

Capital Other expenditure pertaining to Education Department

94,15,000

Revenue Energy and Petro- Chemicals Department

INDEX 10-3 PART-IV] GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-1999

No. of.

Sums not exceeding

Services and purposes

Total

Vored

Vote Appro- priation

Charged onthe Consolidated Fund

Revenue

1.1

5,49,70,000

5,49,70,000 Tax Collection Charges (Energy and Petro -Chemicals Department)

2,00,00,000 13,04,50,00,000

Revenue 13,02,50,00,000

Energy Projects

3,99,37,00,000

Capital 3,99,37,00,000

-10,00,000

Revenue

Capital 40,10,94,000

40,10,94,000 Other expenditure pertaining toEnergy and Petro-Chemicals Department

Revenue

5,98,80,000

Finance Department

5,98,80,000

Capital

Revenue

52,90,67,000

52,90,67,000 Tax Collection Charges (Finance Department)

Revenue

35,11,46,000

16 Treasury and Accounts Administration

6,00,000 7,69,72,85,000

-Revenue: 7,69,66,85,000 .

17. Pension and other Retirement Benefits

3,74,80,65,000 18.

Revenue 3,74,80,65,000

3,88,64,000

1,00,000

3,87,64,000

Other expenditure pertaining to Finance Department : Capital

25,64,47,51,000

9,34,21,06,000

Revenue Capital

19 Repayment ofdebt pertaining to Finance Department andits servicing

5,97,70,000

Revenue 5,97,70,000

20 Food, Civil Supplies and ConsumerAffairs Department

95,30,78,000

Revenue 95,30,78,000

21 Civil Supplies

2,000

Capital

INDEX 1-4

[PART-IV GUJARAT GOVERNMENT GAZETTE, E.X, 30-3-1999

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

22 Food

Revenue 12,32,97,000

12,32,97,000

5,25,01,000

Capital

5,25,01,000

1,000

Revenue Capital

95,45,000

95,45,000 Other expenditure pertaining to Food, Civil Supplies and Consumer Affairs Department

Revenue 1,32,30,000

1,32,30,000 Forests and Environment Department-

25 Forests

Revenue 87,41,16,000

87,41,16,000

1,31,79,92,000

Capital

1,31,79,92,000

26 Environment

Revenue 7,42,00,000

7,42,00,000

27 Other expenditure pertaining to Forests andEnvironment Department

Capital 4,91,82,000

4,91,82,000

28 Governor

Revenue

1,99,80,000 1,99,80,000

29 Council of Ministers

3,15,50,000

Revenue

3,15,50,000

30 Elections

Revenue 6,84,57,000

6,84,57,000

31Puble Service Commission Revenue

3,66,62,000

2,11,00,000

1,55,62,000

Revenue

31,70,68,000

General Administration Departments

33 Economic Advice & Statistics Revenue

7,89,69,000

Revenue

4,64,000 1,69,86,74,000

1,69,82,10,000

17,93,18,000

Capital

17,93,18,000 Other expenditure pertaining to General Administration Department

Revenue

35 State Legislature

6,54,000

7,95,55,000

7,89,01,000

14,99,000

Capital

36. Loans and Advances to Government servants in Gujarat Legislature Secretariat .

INDEX 10-5

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-1999

PART-IV]

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

2,36,69,000

Revenue

3,7 Health and Family Welfare Department

7,39,76,54,000

Revenue 739,76,54,000

38 Medical and Public Health

1,37,99,96,000

Revenue 1,37,99,96,000

Family Welfare

76,62,25,000

Revenue

6,32,37,000

Capital

Other expenditure pertainingto Health and Family Welfare Department

3,99,25,000

Revenue

41 Home Department

6,30,76,75,000

Revenue

42 Police

24,68,71,000

Revenue

43 Jails

1,06,17,23,000

Reverse

44 Transport

25,00,00,000

Capital

4,75,28,000

Revenue

State Excise

53,99,90,000

Revenue 53,97,90,000

44,45,56,000

Capital

Other expenditure pertaining to Home Departinent

2,15,04,000

Revenue

47 Industries , Mines and Tourism Department

40,88,10,000

Revenue

48 Stationery and Printing

1,94,56,54,000

1,94,56,54,000 ,

Revenue

Industries

23,10,60,000

Capital

18,95,34,000

Revenue

Mines and Minerals

21,44,20,000

Revenue

Tourism

Capital

13,17,66,000

Revenue

6,42,35,000

Capital

Other expenditure pertaining to Industries , Mines and Tourism Department

IV Ex, 10-2

INDEX 10-6

[PART-IV GUJARAT GOVERNMENT GAZETTE , E.X, 30-3-1999

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

52,35,000

52,35,000,

Revenue.

53 Information and Broadcasting Department .

Revenue

23,72,94,000 Information and Publicity

23,72,94,000

2,22,32,000

Revenue

28,66,000

Capital

Other expenditure pertaining to Information and Broadcasting Department

1,47,20,000

Revenue 1,47,20,000

Labour and Employment Department

 57   Labour and Employment        Revenue      89,75,41,000                     89,75,41,000
 58    Other expenditure pertaining Capital     5,37,98,000                        5,37,98,000
      to Labour and Employment
      Department
 59   Legal Department .           Revenue      2,67,78,000                       2,67,78,000
 60   Administration of Justice    Revenue     83,18,94,000     10,27,74,000     93,46,68,000
 61   Other expenditure pertaining Revenue      4,31,05,000                       4,31,05,000
      to Legal Department          Capital      5,95,64,000                       5,95,64,000.
62.   Legislative and Parliamentary Revenue     1,79,94,000                        1,79,94,000
      Affairs Department
63    Other expenditure pertaining to Capital      8,44,000                          8,44,000
      Legislative and Parliamentary
      Affairs Department
 64   Narmada , Water Resources    Revenue      3,97,95,000                       3,97,95,000
      and Water Supply
      Department
 65   Narmada Development Scheme   Capital   16,47,71,95,000                   16,47,71,95,000

INDEX 10-7

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-1999

PART- IV ]

Sums not exceeding

No. of

Services and purposes .

Total

Voted

Vote/ Appro- priation

Charged onthe. Consolidated Fund

7,86,59,65,000

Revenue

Irrigation and Soil

3,19,46,00,000

Capital

Conservation

1,46,88,05,000

Revenue

67 Water Supply

4,04,93,00,000

Capital

>1,00,000

Revenue

16,14,15,000

Capital

Other expenditure pertaining to Narmada , Water Resources andWater Supply Department

2,63,55,000

Revenue 2,63,55,000

Panchayats, Rural Housing. and Rural Development Departeiens

1,47,56,41,000

Revenue

Cortmunity Development

3,93,17,49,000

1,10,20,53,000

2,82,96,96,000

3,49,50,000

Revenue Capita!

Rural Housing and Rural Development

37,65,60,000

Revenue 37,65,60,000

72 Compensation and Assignments

38,29,80,000

Revenue 38,29,80,000

28,52,10,000

Capital

Other expenditure pertaining to Panchayats , Rural Housing and Rural Development

Department

22,02,40,000 :

Revenue 22,02,40,000

74 Fisheries

8,80,92,000

Capital

74,52,000

Revenue

24,41,000

Capital

Other expenditure pertaining to Ports and Fisheries Department

6,20,51,000

Revenue 6,20,51,000

Revenue Department

48,95,91,000

Revenue

Tax Collection Charges (Revenue Department)

:60,59,94,000

60,59,94,000

Revenue

78 District Administration

INDEX GUJARAT GOVERNMENT GAZETTE , E.X, 30-3-1999

10-8

[PART-IV

Sums not exceeding

Services and purposes.

Voted

Total No. of Vote Appro priation

Charged on the Consolidated Fund

3,30,56,00,000

Revenue

Relief on account of Natural Calamities

14,71,78,000

Revenue

DangsDistrict

11,80,000 18,39,80,000

18,28,00,000

Revenue

Capital

Compensation and Assignments

Revenue

47,36,000

1,000

47,35,000

4,69,38,000

Other expenditure pertaining to Revenue Department

Capital

4,15,65,000

Revenue 4,15,65,000

Roads and Buildings Department.

1,78,01,77,000

3,75,000

34 Non-Residential Buildings Revenue 1,77,98,02,000

1,17,20,47,000

Capital 1,17,1,17,20,47,000

71,03,01,000

Revenue 71,03,01,000

85 Residential Buildings

23,48,82,600

23,48,82,000

Capital

4,11,13,19,000

Revenue

86 Roads and Bridges

2,27,20,44,000

Capital 2,27,20,44,000

7,68,25,000

Revenue

32,74,00,000

Gujarat Capital Construction Scheme

Capital

10,03,85,000

Revenue

10,05,85,000

14,69,00,000

Capital

Other expenditure pertaining to Roads and Buildings Department

2,13,19,000

Revenue 2,13,19,000

Social Justice and Empowerment Department

2,15,49,74,000

57,35,000

Revenue 2,14,92,39,000

Social Security and Welfare

4,68,95,000

Capital

51,19,37,000 Welfare of Scheduled Tribes Revenue 51,19,37,000

                                   Capital       1,60,62,000                        1,60,62,000
92    Other expenditure pertaining
       to. Social Justice and      Capital       1,16,13,000.                      1,16,13,000
      Empowerment Department

INDEX PART-IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-1999

10-9

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Revenue 2,79,28,21,000

2,79,28,21,000 93 Special Component Plan for Scheduled Castes

Capital 17,16,03,000

17,16,03,000

94 Tribal Area Sub- Plan

Revenue 8,29,58,78,000

8,29,58,78,000

Capital 1,92,22,26,000

1,92,22,26,000

Revenue

81,50,000

81,50,000 Sports, Youth and Cultural Activities Department

Revenue 27,04,52,000

27,04,52.000 Youth Services and Cultural Activities

22,60,000

Capital

22,60,000 .

Other expenditure pertaining to Sports , Youth and Cultural Activities Department

Revenue 1,42,90,000

1,42,90,000 Urban Development and Urban Housing Depariment

99 Urban Housing

Revenue 11,05,83,000 32,86,40,000 43,92,23,000

100

Revenue

Urban Development

2,07,60,44,000

Capital 2,75,00,000

2,75,00,000

101

Revenue 79,13,00,000

1,04,64,03,000

25,51,03,000

Compensation, Assignments and Tax Collection Charges

102

1,39,75,000

Revenue

1,39,75,000

Capital

16,10,000

16,10,000 Other expenditure pertaining . to Urban Development and Urban Housing Department

Total:

Revenue 1,29,63,44,30,000 28,30,01,61,000 1,57,93,45,91,000

Capital 38,75,49,72,000 9,34,25,06,000 48,09,74,78,000

Grand Total:

1,68,38,94,02,000

37,64,26,67,000 2,06,03,20,69,000

IV. EX 10-3

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 11

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XL ]

WEDNESDAY, APRIL 28 , 1999/VAISAKHA 8 , 1921

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

PART - IV

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

INDUSTRIES AND MINES DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 28th April , 1999 .

GUJARAT ORDINANCE NO . 1 OF 1999

AN ORDINANCE

to provide for a framework for participation by persons other than the State Goverriment andGovernment agencies in financing, construction, maintenance and operation of infrastructure projects andfor that purpose to establish the Board and to provide for the matters connected therewith.

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to provide for a framework for participation by persons other than the State Government and Government agencies in financing, construction, maintenance and operation of infrastructure projects and for that purpose to establish the Board and to provide for the matters connected therewith;

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

IV-Ex-11-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

1-2

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. (1) This Ordinance may be called the Gujarat Infrastructure Development Ordinance, 1999 .

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

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

2.Definitions. In this Ordinance , unless the context otherwise requires,---

(a) "Board"means the Gujarat Infrastructure Development Board established under section 16;

(b) " concession agreement " means a contract of the nature specified in the Schedule II between a developer and the State Government, a Government agency or a specified Government agency, relating to a project;

(c) "developer" means a person with whom concession agreement is entered into by the State Government, the Government agency or the specified Government agency;

(d)" escrow account " means a bank account in which cash is deposited or from which cash is withdrawn in such manner as specified in the concession agreement ;

(e) "Government agency " means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law and includes a local authority;

(f) " infrastructure" means facilities and services provided by a project;

(g) "local authority" means a municipal corporation, nagar panchayat, municipal council, notified area committee, district panchayat , taluka panchayat, village panchayat or such other body;

(h) "member" means a member ofthe Board including Chairman, Vice- Chairman and Member - Secretary;

(i) "prescribed " means prescribed by rules made under this Ordinance;

(j) "project " means a project specified in Schedule I;

(k) "regulations" means régulations made under section 35 ;

(1) "rules" means rules made under section 34;

(m) "senior loan" means a loan in respect of which a claim on assets is prior to the claim on the assets in respect of other loan and which is specified as such in anagreement providing finance; 1 :

(n) " specified Government agency " means an agency consisting ofthe State Government and a Government agency participating jointly;

j . XXII of $63.

(o) "State Government guarantee " means a guarantee given by the State Government to a developer consistent with the provisions of the Gujarat State . Guarantees Act, 1963;

(p) "subordinate loan" means a loan in respect of which a claim on assets is subsequent to the cleim on the assets in respect of another loan and which is

INDEX 11-3

GUJARAT GOVERNMENT GAZETTE EX . , 28-4-1999

PART IV ]

specified as such in an agreement providing finance;

(9) " subsidy " means financial assistance in cash or kind provided by the State Government , the Government agency or the specified Government agency;

(r) "user fees " means fees charged under section 11.

CHAPTER II

INFRASTRUCTURE PROJECTS

3. Participation in projects.-Any person may participate in financing, construction, maintenance and operation of projects .

4. Concession agreement.-( 1) (a) A person may enter into a concession agreement of the nature specified in Schedule II with the State Government , a Government agency or a specified Government agency.

(b) The scheme for a concession agreement shall be such as may be prescribed.

(2) Where the Board, having regard to the nature of aproject, is satisfied that it is necessary so todo, it may permit combination of two or more agreements of the nature specified in Schedule II into one agreement..

(3 ) No concession agreement shall provide for transfer of a project by a developer to the State Government, a Government agency or a specified Government agency later than thirty- five years from the date of agreement .

(4) (a) The State Government may, by notification in the Official Gazette , add to Schedule II any other nature of agreement.

(b) All notifications issued under clause (a) shall be laid before the State Legislature as soon as may be after they are issued.

5.Recommendation by Board.- (1 ) Aproposal prepared by the State Government, a Government agency or a specified Government agency for participation by a person other than the State Government, a Government agency or a specified Government agency in financing, construction, maintenance and operation ofthe project , the cost ofwhich exceeds such amount as may be préscribed, shall be submitted to the Board alongwith proposed concession agreement relating thereto and different amount of cost may be prescribed for different nature ofproject.

(2) TheBoard shall consider the proposal and the proposed concession agreement submitted to it under sub- section (1 ) or sub - section ( 1 ) of section 10 and may either recommend with or without modifications or not recommend, or return the proposal and concession agreement for reconsideration of the State Government , the Government agency or, as the case may be, the specified Government agency.

6. Assistance by State Government , Government agency or specified Government agency. The State Government, a Government agency or a specified Government agency may provide to a person assistance in the following manner, namely:-

(a) participation in the equity of the project not exceeding forty- nine per cent. ofthe total equity;

(b ) subsidy not exceeding fifteen per cent . of the cost of the project;

(d) guarantee by the State Government , a Government agency or a specified Government agency in respect of liability of a Government agency arising out of a concession agreement ;

INDEX 1-4

GUJARAT GOVERNMENT GAZETTE EX . , 28-4-1999

[PART IV

(e) opening and operation of escrow account ;

(f) conferment of development rights in respect of any land;

(g) incentives by the State Government in the form of exemption from the payment of, or deferred payment of, any tax or fees levied by the State Government under any law; or

(h) in such other manner.

7. Procedure for concession agreement.-No concession agreement for undertaking a project shall be entered into with any person unless the procedure specified in sections 8 and 9 or, as the case may be , section 10 has been followed.

8. Selection ofa person.--( 1 ) A concession agreement for undertaking a project may be entered into with a person who is selected through a competititve public bidding as provided in section 9 or by direct negotiation as provided in section. 10 .

(2) The matters relating to competitive public bidding and direct negotiation shall be such as may be prescribed.

9. Selection of a person by competitive public bidding.-( 1 ) On the acceptance of the recommendation of the Board made under sub - section (2) of section 5, the State Government, the Government agency or, as the case may be, the specified Government agency shall select a developer for the project through the competitive public bidding in the manner provided hereunder: -

(a) A public notice inviting the persons to participate in competitive public bidding for undertaking the project-

(i) shall be published once in a week for two consecutive weeks in atleast three newspapers, two in general circulation and one in circulation in the area in which the project is to be undertaken, and

(ii) may be published by any means of mass communication.

(b) (i) Any person who intends to participate in the competitive public bidding to undertake the project in pursuance of clause (a) shall provide information with regard to his legal, technical , managerial and financial capacity to undertake the said project in such form alongwith such particulars as maybe specified by the State Government, the Government. agency or, as the case may be , the specified Government agency.

(ii) The State Government , the Government agency or, as the case may be, the specified Government agency shall examine the information and other particulars submitted by the person under sub - clause (i ) and decide as to whether such person fulfills the criteria for pre- qualification as laid down by the State Government, the Government agency or, as the case may be , the specified Government agency.

(iii) Aperson who fulfills the crietaria under sub -clause ( ii ) shall be the pre-qualified person .

(c) (i) Where after a person who is consortium is pre - qualified under clause (b) but before such person enters into a concession agreement with the State Government, the Government agency or, as the case may be , the specified Government agency, any constituent ofthe consortium disassociates from such consortium, then the State Government, the Government agency or, as the case may be, the specified Government agency shall call upon the consortium to include, within thirty days , such constituent in the consortium

INDEX PART IV ]

11-5 GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

sothat in the opinion of the State Government , the Government agency or, as the case may be, the specified Government agency, the consortium fulfills the criteria specified in sub- clause (ii) of clause (b).

(ii ) Where the consortium fails to comply with the requirement specified in sub - clause(i ) , the consortium shall cease to be pre- qualified person.

(d) All pre- qualified persons shall be permitted to submit their proposals to undertake the project in such form (containing technical and financial aspects) as may be specified by the State Government , the Government agency or, as the case may be, the specified Government agency.

(2) On receipt ofthe proposals from the pre - qualified persons, the State Government, the Government agency or, as the case may be , the specified Government agency shall evaluate the proposals from technical aspect.

(3) Ifthe proposals are in order from the technical aspect , the State Government, the Government agency or, as the case may be, the specified Government agency shall evaluate the proposals from the financial aspect , having regard to different factors specified below in respect ofdifferent nature of the agreements specified in Schedule II:-

(a) In relation to the build own operate and transfer agreement and the build operate and transfer agreement, any ofthe following factors shall be taken into consideration for the purpose of evaluation of the proposal, namely: -

(i) lowest bid in terms of the present value of user fees, where period of concession is fixed;

(ii) the highest revenue share to the State Government , the Government agency or the specified Government agency;

(iii) a bid in terms of the shortest concession period, where the user fees is fixed;

(iv) the lowest present value of the subsidy, where the period of concession is fixed.

(b) In relation to the build and transfer agreement or the build lease and transfer agreement, the lowest net present value of the amortization payment from the State Government, the Government agency or the specified Government agency shall be taken into consideration.

(c) In relation to the lease management agreement , highest present value of the lease payment to the State Government, the Government agency or the specified Government agency shall be taken into consideration .

(d) In relation to the management and service agreement, the lowest present value of the management fees to be paid by the State Government , the Government agency or the specified Government agency shall be taken into consideration.

(e) In relation to any other nature of agreement, the State Government, the Government agency or the specified Government agency may consider such factors as may be recommanded by theBoard.

(4) Where

(a) the proposals are evaluated under sub -section (3 ) from the financial aspect having regard to relevant factor specified in that sub - section and referred to in the proposals , and

IV-Ex-11-2

INDEX 11-6

[PART IV GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

(b ) one of the proposals so evaluated satisfies the financial aspect having regard to the relavant factor,

the State Government , the Government agency or, as the case may be, the specified Government agency, may enter into a concession agreement with.the personwho has submitted the proposal referred to in clause (d) of sub- section (1 ).

(5) Where no proposal stands the scrutiny from the technical or financial aspect, the competitive bidding shall stand cancelled.

(6) Nothing in sub- section (5) shall prohibit the State Government , the Government agency or, as the case may be, the specified Government agency from inviting persons to participate in competitive public bidding in respect of the proposal cancelled under that sub-section after, if necessary, revising the same.

(1) Where-

10. Selection by direct negotiation

(i ) a proposal for participation by a person for undertaking a project and a proposed concession agreement have not been prepared by the State Government, a Government agency. or a specified Government agency for being submitted to the Board under sub - section ( 1) of section 5, and

(ii) a proposal for undertaking a project and a proposed concession agreement prepared by a person are submitted to the State Government, the Government agency or the specified Government agency;

the State Government , the Government agency or, as the case may be, the. specified Government agency may-

(a) consider the proposal and the proposed concession agreement from all aspects (including technical and financial) and ifnecessary modify the same in consultation with the person who has submitted the proposal and the proposed concession agreement ; and

(b) submit the propaosal and the proposed concession agreement to theBoard , if-

(i) the cost of the project exceeds the limit prescribed under sub- section ( 1) ofsection 5, and

(ii) the undertaking of the project does not require financial assistance in the form of subsidy from the State Government , the Governmet agency or the specified Government Agency.

(2) On acceptance of the recommendation of the Board made under sub - section (2) of section 5, the State Government, the Government agency or, as the case may be, the specifiedGovernment agency shall adopt the proposal as the basis for selecting aperson with whom concession agreement for undertaking the project may be entered into , and for selecting such person, the State Government , the Government agency or, as the case may be , the specified Government agency shall follow the procedure.. ofcompetitive public bidding specified in section 9.

(3) Where a person is selected by following the procedure of the competitive public bidding (hereinafter referred to as " the selected person ") , the proposal of the selected person shall be compared with the proposal which is earlier submitted by a person to the State Government , the Government agency or, as the case may be, the specified Government agency under sub-section (1 ) (hereinafter referred to as " the earlier proposer" ).

INDEX EX. , 28-4-1999 GUJARAT GOVERNMENT GAZETTE

11-7 PART IV ]

(4) Where the proposal of the earlier proposer is not preferable to the proposal of the selected person, the earlier proposer shall be given an opportunity to make his proposal competitive with that of the selected person within a period of thirty days. from the date on which he has been given an opportunity and where the earlier proposer fails to do so within the said period, the State Government , the Government agency or, as the case may be , the specified Government agency may enter into a contract with the selected person .

(5) (a) Where a concession agreement has not been entered into with the earlier proposer, the cost of preparation of the proposal and the concession agreement incurred by him shall be reimbursed by the State Government, the Government agency or , as the case may be , the specified Government agency and on such reimbursement , the proposal and the concession agreement relateing to it shall be the property of the State Government, the Government agency or, as the case may be, the specified Government agency.

(b) The cost ofpreparation of the proposal and the concession agreement shall be determined in such manner as may be prescribed.

11. Fees to be charged for goods and services.- ( 1 ) Where, in pursuance of a concession agreement with the State Goverriment, the Government agency or the specified Government agency,-

(a) the developer has constructed a project for providing goods or services ; and

(b) the project vest's in the developer for a period specified in the agreement and on expiry of such period, the project is to vest in the State Government, the Government agency or, as the case may be, the specified Government agency,

the developer may charge such fees as specified in the agreement for providing goods or services by the project so long as the project continues to vest in him.

(2) Aconcession agreement may provide that a developer may revise the fees referred to in sub-section (1) in such manner and having regard to the rate ofinflation, variation in the rate of the foreign exchange and such other factors , as may be prescribed.

12. Financial security for maintenance ofproject.- Where a provision is made in a concession agreement requiring the developer to maintain the project constructed by him for a period specified in such agreement,-

(a) there shall be opened an escrow account by the developer, the moneys out ofwhich shall be expended for the maintenance of the project in accordance with the provision made in the concession agreement or in any other agreement with the State Government, the Government agency or, as the case may be, the specified Government agency; or

(b) the developer shall execute a bond in the favour ofthe State Government , the Government agency or, as the case may be , the specified Government agency binding himself to make payment of such amount of money as specified in the bond to the State Government, the Government agency or, as the case may be , the specified Government agency, in case he fails to maintain the project in accordance with the provisions made in the concession agreement or any other agreement with the State: Government, the Government agency or, as the case may be, the specified Government agency.

INDEX [PART IV 11-8

GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

13. Training to employees and transfer ofcertain rights.-(1 ) Adeveloper shall provide at his expense, training to the employees of the State Government, the Government agency or, as the case may be, the specified Government agency in respect ofmaintenance or operation ofthe project in accordance with the provisions made in the concession agreement or in any other agreement with the State Government, the Government agency or, as the case may be, the specified Government agency.

(2) Where the project is transferred to the State Government, the Government agency or the specified Government agency according to the provisions of the concession agreement, all the rights of the developer in respect of the project shall stand transferred to the State Governement, the Government agency or, as the case may be, the specified Government agency.

14.Termination of concession agreement. ( 1 ) Where a concession agreement is terminatedby the State Government, the Government agency or, as the case maybe, the specified Government agency with the consent of the developer or in absence of any default of the developer, the developer shall be entitled to such amount of compensation for such termination as specified in the concession agreement.

(2) A concession agreement may provide that if a default specified therein is committed by the developer, the State Government, the Government agency or, as the case may be, the specified Government agency shall, after giving to the developer an opportunity of being heard in such manner as may be prescribed, be entitled to terminate the concession agreement and-

(a) take over the project without repaying the amount invested by the developer in the equity and shall assume the liability of the developer towards loans taken by him in respect ofthe project; or

(b) enter into a concession agreement with another person whose name is recommended by the lenders and approved by the State Government, the Government agency or, as the case may be, the specified Government agency, on the same terms and conditions as are specified in the concession agreement so terminated.

15. Power to add to Schedule I.-(1 ) The State Government may, by notification in the Official Gazette , add to Schedule I any other project which falls within the executive power of the State .

(2) All notifications issued under sub -section (1 ) shall be laid before the State Legislature as soon as may be after they are issued.

CHAPTER III

ESTABLISHMENT AND CONSTITUTION OF BOARD

16. Establishment ofBoard. As soon as may be after the commencement of this Ordinance , the State Government may, by notification in the Official Gazette, establish a Board to be called the Gujarat Infrastructure Development Board with effect from such date as may be specified in the notification.

17.HeadQuarter ofBoard -The Head Quarter of the Board shall be at Gandhinagar or at such other place as the State Government may, by notification in the Official Gazette, specify.

18. Constitution of Board. -The Board shall consist of Chairman, Vice-Chairman, Member - Secretary and such number of other members not exceeding fifteen , who shall be appointed by the State Government:

INDEX PART IV ]

11-9 GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

19. Term of office of members. Every member shall hold office during the pleasure ofthe State Government .

20. Filling up ofcasual vacancies. Ifany vacancy arises in the Board or any committee thereof by reason of death, resignation or otherwise , the same shall be filled by the State Government as soon as possible.

21.Meetings ofBoard. The Board shall meet at such time and place and shall observe such rules ofprocedure in regard to transaction ofbusiness at its meeting (including the quorum at such meeting) as may be provided by regulations.

22. Temporary association ofpersons with Board - The -Board may associate with any person whose assistance or advice is required in performing any of its functions. under the Ordinance .

23. Providing information to Board. -The Board may obtain the information with regard to the progress of the project which is submitted to it under sub - section ( 1 ) of section 5 or which was undertaken as per the provisions ofsection 10 from the State Government , the Government agency or the specified Government agency.

24. Constitution of committees. The Board may constitute an Executive Committee and such other committees consisting of such number of members, for performing such of its functions, as may be provided by regulations.

25. Officers and servants of Board.-( 1 ) The Board may appoint such officers and servants as it may consider necessary for the efficient discharge of its functions .

(2) The remuneration, allowances and conditions of service of the officers and servants of the Board shall be such as may be determined by the regulations.

26.Acts andproceedings of Board presumed to be valid.- No act or proceeding of theBoard or of any of its committees shall be invalid merely by reason of-

(a) any vacancy therein or any defect in the constitution thereof, or

(b) any irregularity in its procedure not affecting the merit of the case.

CHAPTER IV

FUNCTIONS OF BOARD

27. Functions of Board- The functions of the Board shall be as follows , namely:-

(a) to promote participation of a person in financing, construction, maintenance and operation of any project irrespective of its cost;

(b) to advise the State Government , the Government agency or the specified. Government agency on matters ofpolicy in respect of participation referred to in clause (a) ;

(c) to lay down priorities of projects to be undertaken by the State Government , the Government agency or the specified Government agency;

(d) to consider the proposal for undertaking a project and the proposed concession agreement submitted to it and to recommend with or without modifications or not recommend or return the proposal and proposed concession agreement for reconsideration of the State Government , the Government agency or, as the case may be , the specified Government agency;

(e) to elicite information relating to National and International Financial Institutions and to ensure co - operation of such Institutions ;

IV-Ex-11-3

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

11-10

(f) to co - ordinate and monitor the projects undertaken in the State;

(g) to assist in developing concepts ofprojects by undertaking pre -feasibility and feasibility studies of the project ;

(h) to undertake such project as may be entrusted to it by the State Government,

such other functions as may be entrusted to it by the State Government . (i)

CHAPTER V

FINANCE, ACCOUNT, AUDIT AND REPORT

28. Fund ofBoard (1 ) The Board shall have its own fund .

(2) All sums which may, from time to time, be paid to the Board by the State Government or by any body and the amount charged by the Board under section 31 shall be carried to the fund of the Board and all payments shall be made therefrom.

(3) TheBoard may spend such sums as it thinks fit for the performance of its functions under this Ordinance , and such sums shall be treated as expenditure payable out of the fund of the Board.

29. Accounts and audit.-( 1 ) The accounts of the Board shall be prepared and . maintained in such form and in such manner as may be provided by regulations .

(2) The Board shall cause to be prepared for each financial year an annual statement of accounts in such form as may be provided by regulations .

fof

1956. (3) The accounts of the Board shall be audited by the auditor duly qualified to act as an auditor of the Companies under section 226 ofthe Companies Act , 1956.

(4) The auditor shall send a copy of the report together with audited copy of accounts to the Board which shall as soon as may be aftef the receipt of the audit report forward the same to the State Government

(5) The State Government shall cause the audit report together with audited copy ofaccounts to be laid before the State Legislature as soon as may be after the receipt ofthe same under sub- section (4) .

30. Annual report.-( 1 ) The Board shall during each financial year prepare in such form and at such time as may be provided by regulations , an annual report giving a trueand full account of its activities during the previous financial year and an account ofthe activities likely to be undertaken by it in current financial year and copies of such report shall be forwarded to the State Government.

(2) The State Government shall cause every such report to be laid before the State Legislature as soon as may be after the reciept of the audit report under sub-section (1) .

CHAPATER VI

MISCELLANEOUS

31. Amount to be charged by Board - The Board máy charge such amount as may be determined by it for considering the proposal and the proposed coricession. agreement under sub - section (2 ) of section 5.

45 of 1860.

32.Members, officers and servants to be public servants. All members and officers and servants of the Board shall , while acting or purporting to act in pursuance ofthe provisions of this Ordinance or any rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code:

INDEX PART IV J

GUJARAT COVE IMENT GAZEITE ΕΧ. , 28-4-1999

33. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Board or any member and officer or servant of the Board for anything which is in good faith done or intended to be done in pursuance of the provisions of this Ordinance or any rules and regulations made thereunder.

34. Power to make rules.-( 1 ) The State Government may, by notification' in the Official Gazette , make rules for carrying out the purposes of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters , namely: -- (a) the scheme for concession agreement under clause (b ) of sub - section (1 ) ofsection4;

(b) the amount of cost of a project exceeding which a proposal shall be submitted to the Board under sub - section ( 1 ) of section 5; and different amounts of costs for different nature ofprojects;

(d) the assessment of the cost of preparation of the proposal and the concession agreement under clause (b) of sub - section (5) of section 10;

(e) the manner in which and the factors having regard to which, fees may bė revised under sub - section (2) of section 11;

(f) the manner in which an opportunity ofbeing heard shall be given to the developer under sub - section (2) of section 14;

(g) any other matter which is to be or may be prescribed.

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

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

35. Power to make regulations . ( 1 ) The Board may make regulations not inconsistent with provisions of this Ordinance and the rules made thereunder, for enabling it to discharge its functions under this Ordinance.

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

(a) the time and the place of the meetings of the Board and rules of procedure to be observed by the Board in regard to transaction ofbusiness at its meeting under section 21 ;

(b) constitution of committee, number of members thereof and the functions tobe performed by committees under section 24;

(c) to determine the remuneration, allowances and conditions of service of officers and-servants of the Board under sub -section (2) of section 25;

(d) the form and manner in which the accounts of the Board shall be prepared and maintained under sub -section ( 1 ) of section 29;

(e) the form in which an annual statement of accounts of the Board shall be prepared under sub - section (2) of section 29;

INDEX 11-12

GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

[PART IV

(f) the form in which and the time within which the annual report of the Board shall be prepared under sub - section ( 1 ) of section 30;

(g) any other matter which is , or may be , necessary to be prescribed for the efficient conduct of the affairs of the Board .

36. Arbitration. Aconcession agreement shall contain an arbitration clause providing that

(a) all parties to the agreement shall submit to arbitration all disputes which may arise between them out of the provisions of this agreement,

(b) the place of arbitration shall be at Ahmedabad or any other place in India agreed to by the parties , and

(c) the disputes referred to in clause (a) shall be decided in accordance with the law for the time being in force in India.

Guj . 4 of 1992.

37. Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 not to apply.- Nothing contained in the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act , 1992 shall apply to any arbitration arising out of the provisions of the concession agreement entered into by the State Government, the Government agency or the specified Government agency with a developer.

38. Savings.-( 1) Nothing in this Ordinance shall affect the validity of-

(a) a concession agreement entered into by the State Government , the Government agency or the specified Government agency with a developer before the date of the commencement of this Ordinance (hereinafter referred to as ' the said date' );

(b) (i) a letter of intent or any other writing issued to a person before the said date entrusting to him a project forexecution if a concession agreement is entered . into with respect to the project in pursuance of the said letter of intent or the writing, by the Government, the Government agency or the specified Government agency with such person within a period of six months from the said date or such further period as may be extended by the State Government ,

(ii) a concession agreement entered into under sub- clause (i) notwithstanding that the procedure specified in sections 8 and 9 or, as the case may be , section 10 is not followed before entering into such concession agreement .

INDEX -PART IV ]

GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

11-13

SCHEDULE I I

(See clause (j) of section 2)

PROJECTS

1... Power Generation, Transmission and Distribution Systems.

2. Roads,Bridges and By-passes .

3. Ports (other than major ports) and Harbours thereof.

4. Urban Transportation.

5.. Dams.

6. Water Storage, Water Supply and Sewerage System.

7. Irrigation .

8. Land Reclamation Projects .

9. Industrial Estates including Industrial Parks .

10. Tourism Projects .

11. Solid Waste Management .

12. Information Technology related Projects.

13. Education .

14. Health Facilities .

15. Public Markets .

16. Post-harvest Facilities .

17. Inland Waterways other than National Waterways .

18. Fisheries not beyond territorial waters .

19. Development of Minor Minerals .

20: Gas and Gas Works..

V- Ex . 11-4

INDEX [PART IV 11-14

GUJARAT GOVERNMENT GAZETTE ΕΧ. , 28-4-1999

SCHEDULE Π

(See section4)

NATURE OF CONCESSION AGREEMENT

1. Birild Own Operate and Transfer Agreement : An agreement whereby the developer undertakes to finance , construct , maintain and operate a project and whereby such project is to vest in the developer for a specified period. During the period of operation of the project by the developer, he may be permitted to charge user fees specified in an agreement. The developer is liable to transfer the project to the State Government , the Government ager.cy or, as the case may be , the specified Government agency after the expiry of the period of operation .

2. Build Own Operate and Maintain Agreement : An agreement whereby a developer undertakes to finance , construct, operate and maintain a project and whereby such project is to vest in the developer for specified period. During the period of operation of the project, he may be permitted to charge user fees specified in the agreement .

3. Buildand Transfer Agreement : An agreement whereby developer undertakes to finance and construct a project . After the completion of the project , the developer shall transfer the project to the State Government, the Government agency or, as the case may be, the specified Government agency: The developer shall be paid such amount as is fixed in amortization schedule specified in the agreement .

4. Build Lease and Transfer Agreement : An agreement whereby a developer undertakes to finance and construct the project . On completion of the project , the developer hands it over to the State Government, the Government agency or , as the casemay be , the specified Government agency for operation under a lease agreement for period specified in the agreement after the expiry of which the project stands transferred to the State Government , the Government agency or, as the case may be, the specified Government agency.

i 5. Build Transfer and Operate Agreement : An agreement whereby the developer undertakes to finance and construct the project . On completion of the project, the developer transfers the project to the State Government , the Government agency or, as the case may be, the specified Government agency which permits the developer to operate the project on its behalf for a period specified in the agreement .

6. LeaseManagement Agreement : An agreement whereby the State Government, the Government agency or the specified Government agency leases a project owned bythe StateGovernment, the Government agency or, as the case may be , the specified Government agencyto the person who is permitted to operate and maintain the project for the period specified in the agreement and to charge user fees therefor.

7. ManagementAgréement : An agreement whereby the State Government, the Government agency or the specified Government agency entrusts the operation and management of a project to a person for the period specified in the agreement on payment or specified consideration . In such agreement the State Government , the Government agency or, as the case may be, the specified Government agency may charge the user fees and collect the same either itself or entrust the collection for

INDEX 11-15 GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

PART IV ]

consideration to any person who shall after collecting the user fees pay the same to the State Government, the Government agency or, as the case may be , the specified Government agency.

8. Rehabilitate Operate and Transfer agreement : An agreement whereby an existing project is vested in a person to renovate , operate and maintain for the period specified in the agreement after the expiry of which the project shall be transferred to the State Government , the Government agency'or , as the case may be, the specified Government agency. During the period ofoperation of the project by the developer , he may be permitted to charge user fees specified in the agreement .

9. Rehabilitate Own Operate and Maintain Agreement : Anreement An agreement whereby an existing project is vested in a person to renovate , operate and maintain . The person shall be permitted to charge user fees as specified in the agreement .

10. Service Contract Agreement : An agreement whereby a person undertakes to perform a service to the State Government , the Government agency or the specified Government agency for a specified period. The State Government, the Government agency or, as the case may be, the specified Government agency shall pay him an amount according to the agreed schedule.

11. Supply Operate and Transfer Agreement : An agreement whereby a person supplies to the State Government , the Government agency or the specified Government agency the equipments and machinery for a project and undertakes to operate the project for a period and consideration specified in the agreement . During the operation of the project, he shall undertake to train employees of the State Government , the Government agency or, as the case may be , the specified Government agency to operate the project .

12. Joint Venture Agreement : An agreement whereby the State Government, the Government agency or the specified Government agency enters into an agreement with a developer to jointly finance, construct, operate and maintain a project for a period specified in the agreement after the expiry of which the project shall be transferred to the State Government, the Government agency or, as the case may be, the specified Government agency.

INDEX 11-16

GUJARAT GOVERNMENT GAZETTE EX. , 28-4-1999

[PART IV

STATEMENT

For rapid industrialisation, balanced development and improvement of quality of life of the people of the State, infrastructure facilities of higher quality and on a large scale are required to be provided. For that purpose , it is essential that besides the State Government and the Government agencies , private sector is also involved in substantial manner in providing infrastructure facilities in the State. For that purpose it is necessary to provide a frame work to the private sector participation in financing, construction, operation and maintenance of infrastructure projects in the State .

Atpresent the Gujarat Infrastructure Development Board is constituted to promote participation of private sector in the development of infrastructure facilities inthe State. It is considered necessary to replace the existing Board by a Statutory Board.

For this purpose, a Bill called the Gujarat Infrastucture Development Bill, 1999 was published with a view to introduce in the last session of the Gujarat Legislative Assembly but could not be taken up by the House for want of time .

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to achieve the aforesaid objects .

SUNDAR SINGH BHANDARI,

Gandhinagar, Dated the 28th April , 1999 .

Governor ofGujarat

By order and in the name of the Governor ofGujarat .

A. K. JOTI ,

Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY, MAY 12 , 1999 / VAISAKHA 22, 1921

VOL . XL ]

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

PART - IV

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

ENERGY AND PETROCHEMICALS DEPARTMENT

Sachivalaya , Gandhinagar , Dated the 12th May, 1999 .

GUJARAT ORDINANCE NO . 2 OF 1999.

AN ORDINANCE

further to amend the Gujarat Tax on Sale of Electricity Act, 1985.

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

Guj . 5 of 1985.

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Tax on Sale of Electricity Act, 1985 ;

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

1. Short title and commencement .-( 1 ) This Ordinance may be called the Gujarat Tax on Sale of Electricity (Amendment ) Ordinance , 1999.

(2) It shall come into force at once .

IV-Ex.-12-1

12-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 12-5-1999

12-2

Guj . 5 of 1985 .

2. Guj . 5 of 1985 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Tax on Sale of Electricity Act , 1985 (hereinafter referred to as " the principal Act " ) , shall have effect subject to the amendments specified in sections 3 and 4.

3.Amendment of section 2 ofGuj. 5 of 1985. In the principal Act, in section 2,--

LIV of 1948.

( 1 ) in clause (c) , for the words , figures and brackets " supplying energy and the State Electricity Board constituted under section 5 of the Electricity (Supply) Act , 1948 " , the words , figures , letter and brackets " supplying energy, the Generating Company as defined in sub - section (4A),of section 2 of the Electricity (Supply ) Act, 1948 and the State Electricity Board constituted under section 5 of that Act of 1948 " shall be substituted;

(2) to clause (h ) , the following proviso shall be added , namely :-

"Provided that where a licensee, who has installed the generating set for his own use , supplies surplus electrical energy to any other undertak- ing (hereinafter referred to as " the receiving undertaking " ) , the amount payable by any other consumer for supply of such quantum of power to the licensee who is engaged in the business of supplying energy within the area where the receiving undertaking is located , shall be considered to be the amount of sale price received and receivable by the licensee who has installed the generating set irrespective of actual amount paid and payable to him. " .

4. Amendment of section 10 of Guj . 5 of 1985.- In the principal Act, in section 10, for the brackets, figures and words " ( not exceeding 12 % per annum) " , the words " not exceeding twenty- four per cent . per annum , " shall be substituted..

INDEX 12-3 GUJARAT GOVERNMENT GAZETTE , EX. , 12-5-1999

PART IV ]

STATEMENT

In view of the amendments made by the Parliament in the Electricity (Supply) Act, 1948 by Act No. 50 of 1991 , the scope of the Generating Company is enlarged covering all the Companies registered under the Companies Act, 1956 and the Generating Company is allowed to sell electricity to any other person with the consent of the Government . Under the existing provisions of the Gujarat Tax on Sale of Electricity Act, 1985, Generating Company is not included in the definition of the licensee . It is, therefore , considered necessary to amend clause (c ) of section 2 of the Gujarat Act of 1985 so as to include Generating Company in the definition of ' licensee' and to make it liable to pay tax under the Act .

Under the existing provisions of the Act, the tax is levied and collected on the turnover of sale of electricity . The term " turnover of sales" is defined in clause (h) of section 2 of the Act to mean an aggregate amount of the sale price received and receivable by the licensee in respect of sale of electricity . In order to safeguard the revenue ofthe State, it is considered necessary to amend the said. clause (h) so as to provide that licensee who has installed the generating set for his ownuse and supplies electrical energy to any other undertaking shall be liable to pay tax for supply of such quantum of power on the amount payable by any other consumer for such supply to the licensee who is engaged in the business of supplying energy within the area where the receiving undertaking is located irrespective of actual amount paid or payable to the licensee who has installed the generating set .

The existing section 10 provides for charging of interest at the rate not exceeding twelve per cent. for non-payment or delayed payment of tax. In order to make recovery of tax effectively and to make provision on par with other taxation laws, it is considered necessary to enhance the rate of interest from twelve per cent . to twenty four per cent .

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act of 1985 to achieve the aforesaid objects .

Gandhinagar,

SUNDER SINGH BHANDARI , Governor of Gujarat.

Dated the 11th May , 1999 .

By order and in the name of the Governor ofGujarat,

C. K. KOSHY ,

Additional Chief Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 13

REGISTERED NO . G/ GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XL ]

TUESDAY, OCTOBER 5 , 1999/ASVINA 13 , 1921-

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

PART IV

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

The followingAct ofthe Gujarat Legislature , having been assented to by the Governor onthe 2nd October, 1999 is hereby published for general information .

KUM , H. K. JHAVERI

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

GUJARAT ACT NO . 11 OF 1999 .

(First published , after having received the assent of the Governor in the Gujarat Government Gazette, on the 5th October, 1999) .

AN ACT

to provide for a framework for participation by persons other than the StateGovernment and Government agencies in financing, construction, maintenance and operation of infrastructure projects and for that purpose to establish a Board and to provide for the matters connected therewith .

It ishereby enacted in the Fiftieth Year of the Republic of India , as follows : -

CHAPTER I

PRELIMINARY

1. ( 1) This Act may be called the Gujarat Infrastructure Development Act, 1999.

Short title, ex- tent and com- mencement .

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

(3) It shall be deemed to have come into force on the 28th April , 1999 .

IV -Ex . 13-1

13-1

INDEX 13-2

GUJARAT GOVERNMENT GAZETTE, EX. , 5-10-1999

[PART IV

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

(a) "Board"meansthe Gujarat Infrastructure Development Board establishedunder section 17;

(b) "concession agreement" means a contract of the nature specified in Schedule II between a developer and the State Government, a.Government agency or a specified Government agency, relating to a project;

(c) "developer " means a person with whom concession agreement is entered into by the State Government, a Government agency or a specified Government agency;

(d)"escrow account" means a bank account in which cash is deposited or from which cash is withdrawn in such manner as specified in the concession agreement;

(e) "Government agency" means a Corporation or a body owned or controlled by the State Government or an authority established by or under any law and includes a local authority;

(1) "infrastructure" means facilities and services provided by a project;

(g) "local authority " means a municipal corporation, nagar panchayat, municipal council, notified area committee , district panchayat, taluka panchayat, village panchayat or such other body;

(h) "member" means a member of the Board including Chairman, Vice- Chairman and Member secretary,

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

(1) "project" means a project specified in Schedule I;

(k) "regulations " means regulations made under section 38;

(1) " rules" means rules made under section 37;

(m) " senior loan" means a loan in respect of which a claim on assets is prior to the claim on the assets in respect of other loan and which is specified as such in an agreement providing finance;

(n) " specified Government agency" means' an agency consisting of the State Government and a Government agency participating jointly;

(o) " State Government guarantee " means a guarantee given by the State Government to a developer consistent with the provisions of the Gujarat State Guarantees Act, 1963;

Guj . XXII of1963.

(p) " subordinate loan" means a loan in respect of which a claim on assets is subsequent to the claim on the assets in respect of another loan andwhich is specified as such in an agreement providing finance;.

(q) "subsidy" means financial assistance in cash or kind provided by the State Government, a Government agency or a specified Government agency;

(r) "user charges" means the amount charged under section 11 .

INDEX 13-3

GUJARAT GOVERNMENT GAZETTE , EX . , 5-10-1999

PART IV]

CHAPTER II

INFRASTRUCTURE PROJECTS

Participation inproject.

3. Any person may participate in financing , construction, maintenance and operation of a project :

Concessior agreement .

4. ( 1) ( a) A person may enter into a concession agreement of the nature specified in Schedule II with the State Government , a Government agency or a specified Government agency.

(b) The scheme for a concession agreement shall be such as may be prescribed.

(2) Where the Board, having regard to the nature of a project , is satisfied that it is necessary so to do , it may permit combination of two or more agreements of the nature specified in Schedule II into one agreement .

(3) No concession agreement shall provide for transfer of à project by a developer tothe State Government, a Government agency or a specified Government agency later than thirty -five years from the date of agreement.

(4) (a) The State Government may, by notification in the Official Gazette , add to Schedule II any other nature of agreement and thereupon the nature of agreement so added shall be deemed to be a nature of agreement specified in Schedule II for the purposes ofthis Act .

(b) Every notification issued under clause (a) shall be laid before the State Legislature as soon as may be after it is issued.

Board. Recommends- tionby 5. (1)A proposal prepared by the State Government, a Government agency or a specified Government agency for participation by a person other than the State Government , a Government agency or a specified Government agency in financing, construction, maintenance and operation of the project, the cost ofwhich exceeds such amount as may beprescribed, shall be submitted to the Board alongwith proposed concession agreement relatingthereto for its consideration and different amounts of cost may be prescribed for different nature of projects .

(2) The Board shall consider the proposal and the proposed concession agreement submitted to it under sub - section (1 ) or sub -section ( 1) of section 10 and may either recommend with or without modifications or not recommend, or return the proposal and concession agreement for reconsideration of the State Government, the Government agency or, as the case maybe, the specified Government agency.

6. The StateGovernment, a Government agency or a specified Government agency may provide to a person assistance in the following manner , namely:--

(a) participation in the equity of the project not exceeding forty-nine per cent . ofthe total equity;

(b) subsidy not exceeding fifteen per cent. of the cost ofthe project;

Assistance by State Government, Government agency. or specified Government agency.

(d) guarantee by the State Government, a Government agency or a specified Government agency in respect of liability of a Government agency arising out of a concession agreement;

(e) opening and operation of escrow account;

(f) conferment of a right to develop any land;

(g) incentives by the State Government in the form ofexemption from payment of, ordeferredpayment of, any tax or fees levied by the State Government under any law; or

(h) in any other manner as deemed fit .

Procedure for concession agreement.

7. No concession agreement for undertaking a project shall be entered into with any erson unless the procedure specified in sections 8 and 9 or, as the case may be, sections 8 and 10 has been followed.

INDEX 13-4

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 5-10-1999

Selection of person.

&. ( 1) A concession agreement for undertaking a project may be entered into with a person who is selected through a competitive públic bidding as provided in section 9 or by direct negotiation as provided in section 10.

(2) The matters relating to competitive bidding and direct negotiation shall be such asmay be prescribed .

Selection of personby. competitive public bidding

9. ( 1 )On the acceptance of the recommendation of the Board made under sub- section (2) of section 5, the State Government, the Government agency, or , specified Government agency shall select a developer for the project through the competitive or, as case may be , the public bidding in the manner provided heremder.

(a)Apublic notice inviting persons to participate in competitive public bidding for undertaking the project- ہ

(ii) may be published by any other means of mass communication.

(b) (i ) Any person who intends to participate in the competitive public bidding to undertake the project in pursuance of a public notice published under clause (a) shall provide informationwitha with regard toI to his legal , technical, managerial and financial capacity to undertake the said project in such form alongwith such particulars as may be specified by the State Government, the Government agency or, as the case may be , the specified Government agency.

(ii ) The State Government, the Government agency or, as the case may be , the specified Government agency shall examine the information and other particulars submitted by the person under sub clause (1 ) and decide as to whether such person fulfills the criteria for pre- qualification as laid down by the State Government, the Government agency or, as the case may be , the specified Government agency

(iii)Apersonwho fulfills the criteria as laid down under susub -clause ( ii) shall be the pre- qualified person.

( c) (i ) Where after a person who is a consortium is pre -qualified under clause (b) but before such person enters into a concession agreement with the State Government, the Government agency, or, as the case may be , the specified Government agency, any constituent ofthe consortium disassociates from such consortium, then the State Government, the Government agency or , as the case may be, the specifled Government agency shall call upon the consortium to include, within thirty days, such constituent in, the consortium as specified by it so that, in the opinion of the State Government, the Government agency or, as the case may be, the specified Government agency, the consortium fulfills the criteria referred to in sub -clause (ii) of clause (b) .

(ii) Where the consortium fails to comply with the requirement specified in sub- clause ( i), the consortium shall cease to be the pre- qualified person.

(d)All pre-qualified persons shall be permitted to submit their proposals to undertake the project in such form (containing technical and financial aspects ) as may be specified by the State Government, the Government agency or, as the case may be, the specified Government agency.

(2) On receipt ofthe proposals from the pre -qualified persons, the State Government, theGovernment agency or, as the case may be , the specified Government agency shall evaluate the proposals from technical aspect .

(3) If the proposals are in order from the technical aspect, the State Government, the Government agency or, as the case may be , the specified Government agency shall evaluate the proposals from the financial aspect, having regard to different factors specified below in respect of different nature of the agreements specified in Schedule II:-

INDEX PART IVI

13-5

GUJARAT GOVERNMENT GAZETTE, EX .. 5-10-1999.

(i ) lowest bid in terms of the present value of user charges , where period of concession is fixed;

(ii ) the highest revenue share to the State Government, the Government agency or the specified Government agency ;.

(iii) a bid in terms of the shortest concession period , where the user charges is fixed;

(iv) .the lowest present value of the subsidy, where the period of concession is fixed.

(b) In relation to the build and transfer agreement and the build lease and transfer agreement, the lowest net present value of the amortization payment from the State Government,the Government agency or the specified Government agency shall be taken into consideration .

(c) In relation to the lease management agreement, highest present value of the lease payment to the State Government, the Government agency or the specified . Government agency shall be taken into consideration.

(d) In relation to the management and service agreement, the lowest present value of the management fees to be paid by the State Government, the Government agency or the specified Government agency shall be taken into consideration.

(e) In relation to any other nature of agreement, the State Government , the Government agency or the specified Government agency may consider such factors as may be recommended by the Board .

(4) Where-

(a) the proposals are evaluated under sub - section (3 ) from the financial aspect having regard to a relevant factor specified in that sub - section and referred to in the ' proposals, and

(b) one of the proposals so evaluated satisfies the financial aspect having regard to the relevant factor,

the State Government, the Government agency or , as the case may be , the specified Government agency, may enter into a concession agreement with the person who has submitted the proposal referred to in clause (d) of sub -section ( 1) .

(5) Where no proposal stands the scrutiny from the technical or financial aspect , the competitive bidding shall stand cancelled.

(6) Nothing in sub - section (5) shall prohibit the State Government, the Government agency or, as the case may be , the specified Government agency from inviting persons to participate in competitive public bidding in respect of the proposal which stands cancelled under that sub-section after, if necessary, revising the same.

10. (1 ) Where-

Selection by direct negotiation .

(i) aproposal for participation by a person for undertaking a project and a proposed concession agreement have not been prepared by the State Government , a Government agency or a specified Government agency for being submitted to the Board under sub-section ( 1 ) . of section 5, and

(ii) a proposal for undertaking a project and a proposed concession agreement prepared by a person are submitted to the State Government , a Government agency or a specified Government agency;

the State Government, the Government agency or, as the case may be, the specified Government agency may

(a) consider the proposal and the proposed concession agreement from all aspects (including technical and financial) and if necessary, modify the same in consultation

INDEX [PART IV 13-6

GUJARAT GOVERNMENT GAZETTE, EX. , 5-10-1999

with the person who has submitted the proposal and the proposed concession agreement; and

(b) submit the proposal and the proposed concession agreement to the Board , if-

(i ) the cost of the project exceeds the limit prescribed under sub - section (1 ) of section 5, and

(ii) the undertaking of the project does not require financial assistance in the form of subsidy from the State Government , the Government agency or the specified Government Agency.

(2) On acceptance of the recommendation of the Board made under sub -section (2) of section 5, the State Government , the Government agency or , as the case may be , the specified Government agency shall adopt the proposal as the basis for selecting a person with whom concession agreement for undertaking the project may be entered into, and for selecting such person, the State Government, the Government agericy or, as the case may be, the specified Government agency shall follow the procedure of competitive public bidding specified in section 9.

(3) Where a person is selected by following the procedure of the competitive public bidding (hereinafter referred to as "the selected person " ) , the proposal of the selected person shall be compared with the proposal which is earlier submitted by a person to the State Government , the Government agency or, as the case may be , the specified Government agency under sub - section ( 1) (hereinafter referred to as "the earlier. proposer ").

(4) Where the proposal of the earlier proposer is not preferable to the proposal of the selected person, the earlier proposer shall be given an opportunity to make his proposal competitive with that of the selected person within a period of thirty days from the date on which he has been given the opportunity and where the earlier proposer fails to do so within the said period, the State Government , the Government agency or, as the case may be , the specified Government agency may enter into a contract with the selected person.

(5) (a) Where a concession agreement has not been entered into with the earlier proposer, the cost of preparation of the proposal and the concession agreement incurred by him shall be reimbursed by the State Government , the Government agency or, as the case may be , the specified Government agency and on such reimbursement, the proposal and the concession agreement submitted by the earlier proposer shall be the property of the State Government, the Government agency or, as the case may be , the specified Government agency.

(b) The cost of preparation of the proposal and the coricession agreement shall be determined in such manner as may be prescribed .

11. (1) Where, in pursuance of a concession agreement with the State Government , the Government agency or, as the case may be , the specified Government agency,--

(a)' (i) the developer has constructed a project for providing goods or services ; and Amount to be charged for providing goods and services.

(ii) the project vests in the developer for a period specified in the concession agreement; and

(iii) on expiry of such period, the project is to vest in the State Government, the Government agency or, the specified Government agency,

the developer may charge such amount as specified in the agreement for providing goods, or services by the project, so long as the project continues to vest in him , or

(b) an existing project is vested to a person to renovate, operate and maintain, the developer may charge such amount as specified in the agreement for providing goods or services by the project so long as the project continues to vest in him.

(2) A concession agreement may provide that a developer may, having regard to the rate of inflation, variation in the rate of the foreign exchange and such other factors , as may be prescribed, revise the amount of charges referred to in sub -section ( 1 ) in such manner, as may be prescribed .

INDEX 13-7 GUJARAT GOVERNMENT GAZETAE, EX. , 5-10-1999

PART IV]

12. Where a provision is made in a concession agreement requiring the developer to maintain the project constructed by him for a period specified in such agreemeni ,-

Financial security for maintenance of project.

(a) there shall be opened an escrow account by the developer, the money out of which shall be expended for the maintenance of the project in accordance with the provisions made in the concession agreement or in any other agreement with the State Government, the Government agency or, as the case may be , the specified Government agency; or

(b) the developer shall execute a bond in the favour of the State Government, the Government agency or, as the case may be , the specified Government agency binding himself to make payment of such amount ofmoney as specified in the bond to the State Government , the Government agency or, as the case. may be , the specified Government agency, in case he fails to maintain the project in accordance with the provisions made in the concession agreement or any other agreement with the State Government , the Government agency or, as the case may be , the specified Government agency.

Training to employees .

13. A developer shall provide at his expense , training to the employees of the State Government, the Government agency òr, as the case may be , the specified Government agency in respect of maintenance or operation of the project, in accordance with the provisions made in the concession agreement or in any other agreement with the State Government, the Government agency or, as the case may be, the specified Government agency.

Transfer of certain rights .

14. Where the project is transferred to the State Government , the Government agency or the specified Government agency according to the provisions of the concession agreement, all the rights of the developer in respect of the project shall stand transferred to the State Government , the Government agency or, as the case may be, the specified Government agency.

Termination of concession agreement .

15. ( 1) Where a concession agreement is terminated by the State Government , the Government agency or, as the case may be , the specified Government agency with the consent of the developer or in absence of any default of the developer, the developer shall be entitled to such amount of compensation for such termination as specified in the concession agreement .

(2) A concession agreement may provide that if a default specified therein is committed by the developer, the State Government, the Government agency or, as the case may be , the specified Government agency shall , after giving to the developer an opportunity of being heard in such manner as may be prescribed , be entitled to terminate the concession agreement and-

(a) take over the project without repaying the amount invested by the developer in the equity and shall assume the liability of the developer towards loans taken by him * in respect of the project ; or

(b) enter into a concession agreement with another person whose name is recommendedby the lenders of the developer and approvedby the State Government , the Government agency or, as the case may be , the specified Government agency, on the same terms and conditions as are specified in the concession agreement so terminated.

Power to add to Schedule I. 16. (1) The State Government may, by notification in the Official Gazette , add to Schedule I any other project which falls within the executive power of the State and thereupon the project so added shall be deemed to be a project specified in Schedule I for the puposes of this Act.

(2) Every notification issued under sub - section ( 1) shall be laid before the State Legislature as soon as may be after it is issued:

INDEX 13-8

GUJARAT GOVERNMENT GAZETTE, EX. , 5-10-1999

[PART IV

CHAPTER III

ESTABLISHMENT AND CONSTITUTION OF BOARD .

Establishment ofBoard.

17. As soon as maybe after the commencement of this Act, the State Government may, by notification in the Official Gazette , establish a Board to be called the Gujarat Infrastructure Development Board with effect from such date as may be specified in the notification.

18. The head quarters of the Board shall be at Gandhinagar or at such other place as the State Government may, by notification in the Official Gazette, specify.

Head quarters of Board.

Constitution ofBoard.

19. The Board shall consist of Chairman , Vice- Chairman, Member -secretary appointed by the State Government and such number of other members not exceeding fifteen, who shall be appointed by the State Government .

20. Every member shall hold office during the pleasure of the State Government. Term of office ofmembers .

Filling up casual vacancies .

21. If any vacancy arises in the Board or any committee, thereof by reason of death, resignation or otherwise, the same shall be filled up by the State Government as soon as possible.

Board. Meetings of 22. The Board shall meet at such time and place and shall observe such rules ofprocedure in regardto transaction of its business at its meeting ( including the quorum at such meeting) asmay be provided by regulations .

23. The Board may associate with itself any person whose assistance or advice is required in performing any of its functions under this Act .

Temporary association of persons with Board.

Providing information toBoard.

24.. The Board may obtain the information with regard to the progress of the project which was submitted to it under sub - section ( 1 ) of section 5 or which was undertaken as per the provisions of section 10 from the State Government, a Government agency or a specified Government agency.

Constitution of commit- tees .

25. The Board may constitute an Executive Committee and such other committees consisting of such number of members , for performing such of its functions, as may be provided by regulations ..

26. ( 1) The Board may appoint such officers and servants as it may consider necessary for the efficient discharge of its functions .

Officers and servants of Board.

(2) The remuneration , allowarices and conditions of service of the officers and servants of the Board shall be such as may be provided by the regulations.

27. No act or proceeding of the Board or of any of its committees shall be invalid merely by reason of--

(a) any vacancy therein or any defect in the constitution thereof, or

Acts and proceedings ofBoard presumed to bevalid.

(b ) any irregularity in its procedure not affecting the merit of the case .

INDEX .13-9 GUJARAT GOVERNMENT GAZETTE , EX. , 5-10-1999

PART IV]

CHAPTER IV

FUNCTIONS OF BOARD .

28. The functions of the Board shall be as follows , namely:-

Functions of Board.

(a) topromote participation of a person in financing, construction , maintenance and operation of any project irrespective of its cost;

(b) to advise the State Government , a Government agency or a specified Governmient agency on matters of policy in respect of participation referred to in clause ( a) ;

(c) to lay down priorities of projects to be undertaken by the State Government, a Government agency or a specified Government agency ;

(d) to consider the proposal for undertaking a project and the proposed concession agreement sùbmitted to it and to recommend with or without modifications or not recommend or return the proposal and proposed concession agreement for reconsideration of the State Government , the Government agency or, as the case may be , the specified Government agency ;

(e)to elicit information relating to National and International Financial Institutions and to ensure co-operation of such Institutions;

(f) to co-ordinate and monitor the projects undertaken in the State;

(g)to assist in developing concepts of projects by undertaking pre-feasibility and feasibility studies of the project;

(h) to undertake such project as may be entrusted to it by the State Government;

(i) to perform such other functions as may be entrusted to it by the State Government .

CHAPTER V

FINANCE , ACCOUNTS , AUDIT AND ANNUAL REPORT.

29. (1 ) The Board shall have its own fund.

Fund of Board.

(2) All sums which may, from time to time, be paid to the Board by the State Government or by any body and the amount charged by the Board under section 32 shall be carried to the fund of the Board and all payments shall be made therefrom.

(3) The Board may spend such sums as it thinks fit for the performance of its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Board.

Accounts and audit.

30. (1) The accounts of the Board shall be prepared and maintained in such form and in such manner as may be provided by regulations .

(2) The Board shall cause to be prepared for each financial year an annual state- ment of accounts in such form as may be provided by regulations .

I of 1956.

(3) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of the companies under section 226 of the Companies Act, 1956 .

(4) The auditor shall send a copy of the report together with an audited copy of accounts to the Board which shall as soon as may be after the receipt of the audit report forward the same to the State Government .

Annual report.

31. ( 1) The Board shall during each financial year prepare in such form and at such time as maybe provided by regulations, an annual report giving a true and full account of its activities during the previous financial year and an account of the activities likely to be undertaken by it in current financial year and copies of such report shall be forwarded to the State Government .

(2) The State Government shall cause every such report to be laid before the State Legislature as soon as may be after the reciept of the report under sub- section ( 1 ) .

INDEX [PART IV 13-10

GUJARAT GOVERNMENT GAZETTE , EX. , 5-10-1999

CHAPTER VI

MISCELLANEOUS .

32. The Board may charge such amount as may be determined by it for considering the proposal and the proposed concession agreement under sub -section (2) of section 5 .

Amount to be chargedby Board.

45 of 1860.

33. All members and officers and servants of the Board shali , while acting or purporting to act in pursuanc of the provisions ofthis Act or any rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Members, officers and servants to be public servants.

Protection of action taken ingood faith.

34. No suit , prosecution or other legal proceeding shall lie against the Board or any member and officer or servant of the Board for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules and regulation made thereunder.

Arbitration. 35. Aconcession agreement shall contain an arbitration clause providing that-

(a)all parties to the agreement shall submit to arbitration any dispute which may arise between them out of the provisions of the agreement ,

(b) the place ofarbitration shall be at Ahmedabad or any other place in India agreed to by the parties , and

(c) the dispute referred to in clause (a) shall be decided in accordance with the law for the time being in force in India.

Guj . 4 of 1992 .

36. Nothing contained in the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act , 1992 shall apply to any arbitration arising out ofthe provisions of the concession agreement entered into by the State Government, a Government agency or a specified Government agency with a developer.

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 not to apply.

Power to make rules .

37. ( 1 ) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act.

() 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 scheme for concession agreement under clause (b) of sub - section ( 1 ) of section 4;

(b) the amount of cost of a project exceeding which a proposal shall be sub- mitted to the Board under sub - section ( 1 ) of section 5 ; and different amounts of costs for different nature of projects ;

(d) the manner in which the cost of preparation of the proposal and the con- cession agreement shall be determined under clause (b) of sub - section (5) of section 10;

(e) the other factors having regard to which charges may be revised and the wanmer in which they may be revised under sub -section (2) of section ;

(f) the manner in which an opportunity of being heard shall be given to the developer under sub -section (2) of section 15 ;

(g) any other matier which is to be or may be prescribed...

(3)All rules made under this section shall be laid for nofoss than thirty days Lefore the State Legislature as soon as possible after they are mas and shall be subject to

INDEX 13-11

GUJARAT GOVERNANT GAZZ TC, EX . 5-10-1999

PART IV] .

rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediatly following .

(4) Any rescission or modificatioreso made by the State Legisizine shall be published in the Official Gazette, and shall thereupon take effect .

38. (1 ) The Board may make regulations not inconsistent with provisions of this Act and the rules made thereunder, for enabling it to discharge its functions under this Act .

Power to make regulations .

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

(a) the time and the place at which the Board shall meet and rules ofproce- dure the Board shall observe in regard to transaction of its business at its meeting under section 22;

(b) the other committees which the Board may constitute, the number of members which the executive committee and other committees may con- sist of and the functions of the Board which they may perform under section 25;

(c) the remuneration, allowances and conditions of service of officers and servants of the Board under sub- section (2 ) of section 26;

(d) the form and manner in which the accounts of the Board shall be pre- pared and maintained under sub-section ( 1 ) of section 30;

(e) the form in which an annual statement of accounts of the Board shall be prepared under sub - section (2) of section 30;

(f) tử form in which and the time at which an annual report of the Board shall be prepared under sub - section ( 1) of section 31;

( ony other matter which is , or may be necessary to be prescribed for the efficient conduct of the affairs of the Board .

Savings.

39. (1 ) Nothing in this Act shall affect the validity of

(a) a concession agreement entered into by the State Government, a Government agency or a specified Government agency with any person before the date of the commencement of this Act (hereinafter referred to as " the said date " ) ,

(b) ( i) a letter of intent or any other writing issued to a person before the said date entrusting to him a project for execution if a concession agreement is entered into with respect to the project in pursuance of the said letter of intent or the writing, by the State Government, a Government agency or a specified Government agency with such person within a period of one year from the said date or such further period as may be extended by the State Government,

(ii) a concession agreement entered into under sub -clause (i ) notwithstanding that the procedure specified in sections 8 and 10 or, as the case may be, sections 9 and 10 is not followed before entering into such concession agreement.

40. (1 ) The Gujarat Infrastructure Development Ordinance , 1999 is hereby repealed. Repeal and savings.

Guj. Ord. 1 of1999.

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

INDEX 13-12

GUJARAT GOVERNMENT GAZETTE , EX. , 5-10-1999

[PART IV

SCHEDULE I

(See clause (j) of section 2)

PROJECTS

1. Power Generation , Transmission and Distribution Systems .

2. Roads, Bridges and By-passes..

3. Ports (other than major ports) and Harbours thereof.

4. Urban Transportation.

5. Dams .

6. Water Storage, Water Supply and Sewerage System.

7. Irrigation .

8. Land Reclamation Projects .

9. Industrial Estates including Industrial Parks .

10. Tourism Projects...

11. Solid Waste Management ..

12. Information Technology related Projects .

13. Education .

14. Health Facilities .

15. Public Markets .

16. Post-harvest Facilities .

17: Inland Waterways other than National Waterways .

18. Fisheries not beyond territorial waters .

19.". Development of Minor Minerals .

20. Gas and Gas Works .

INDEX 13-13

GUJARAT GOVERNMENT GAZETTE , EX. , 5-10-1999 PART IV]

SCHEDULE Π '

(See sub -section (1) ofsection 4).

NATURE OF CONCESSION AGREEMENT

1. Build Own Operate and Transfer Agreement : An agreement whereby the developer undertakes to finance, construct, maintain and operate a project and whereby such project is to vest in the developer for a specified period . During the period of operation ofthe project by the developer, he may be permitted to charge user charges as specified inan agreement . The developer is required to transfer the project to the StateGovernment, aGovernment agency or, as the case may be, a specified Government agency after the expiry of the period of operation .

2. Build Own Operate and Maintain Agreement : An agreement whereby a developer undertakes to finance , construct, operate and maintain a project and whereby such project is to vest in the developer for specified period . During the period ofoperation ofthe project, he may be permitted to charge user charges as specified in the agreement.

3. Build and Transfer Agreement :An agreement whereby a developer undertakes to finance and construct a project . After the completion of the project, the developer is required to transfer the project to the State Government, a Government agency or, as the case maybe, a specified Government agency. The developer shall be paid such amount as is fixed in amortization schedule specified in the agreement.

4. Build Lease and Transfer Agreement An agreement whereby a developer undertakes to finance and construct the project . On completion of the project, the developer hands it over to the State Government , a Government agency or, as the case may be, a specifiedGovernment agency for operation under a lease agreement for period specified in the agreement after the expiry of which the project stands transfered to the State Government, the Government agency or, as the case may be, the specified Government ägency.

5. BuildTransfer and Operate Agreement :An agreement whereby the developer undertakes to finance and construct the project . On completion of the project, the developer transfers the project to the State Government, a Government agency or, as the case may be, a specified Government agency which permits the developer to operate the project on its behalf for a period specified in the agreement.

6. LeaseManagement Agreement :An agreement whereby the State Government, aGovernment agency or a specified Government agency leases a project- owned by the StateGovernment, the Goverment agency or, as the case may be, a specified Government agency to the person who is permitted to operate and maintain the project for the period specified in the agreement and to charge user charges therefor.

7. Management Agreement :An agreement whereby the State Government , a Government agency or a specified Government agency entrusts the operation and management ofaproject to a person for the period specified in the agreement on payment of specified consideration. In such agreement the State Government, the Government agency or, as the case may be, a specified Government agency may charge the user charges and collect the same either itself or entrust the collection for consideration to any personwho shall after collecting the user charges pay the same to the StateGovernment, a Government agency or as the case may be , a specified Government agency.

8. Rehabilitate Operate and Transfer Agreement :An agreement whereby an existing project is vested in a person to renovate , operate and maintain for the period specified in the agreement after the expiry ofwhich the project is required to be transferred

IV- ΕΧ. 13-4.

INDEX 13-14

GUJARAT GOVERNMENT GAZETTE , EX. , 5-10-1999

PART IV

to the State Government, a Government.agency or, as the case may be, the specified Government agency. During the period of operation of the project by the developer, he may be permitted to charge user charges as specified in the agreement.

9. Rehabilitate Own Operate and Maintain Agreement :An agreement whereby an existing project is vested in a person to renovate, operate and maintain . The developer shall be permitted to charge user charges as specified in the agreement.

10. Service Contract Agreement :An agreement whereby a person undertakes to provide services to the State Government; a Government agency or, a specifiedGovernment agency for a specified period . The State Government, a Government agency or, as the case may be, a specified Government agency shall pay him an amount according to the agreed schedule.

11 . Supply Operate and Transfer Agreement :An agreement whereby a person supplies to the State Government, a Government agency or a specified Government agency the equipments and machinery for a project and undertakes to operate the project for a period and consideration specified in the agreement. During the operation ofthe project, he shall undertake to train employees of the State Government, the Government . agency or, as the case may be , the specified Government agency to operate the project.

12. Joint Venture Agreement :An agreement whereby the State Government, a Government agency or a specified Government agency enters into an agreement with a developer tojointly finance, construct, operate and maintain a project for a period specified in the agreement after the expiry of which the project is required to be transferred to the State Government, the Government agency or, as the case may be, the specified Government agency.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

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

सममेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, OCTOBER 5, 1999 /ASVINĄ 13 , 1921

VOL . XL ]

Separate paging is given to this Part is order that it maybe filed as a Separate Compilation .

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the nd October, 1999 is hereby published for general information.

KUM . H. K. JHAVERI, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO : 12 OF 1999 .

(Firstpublished after having received the assent of the Governor in the Gujarat Government Gazette on the 5th October, 1999)

AN ACT

furtherto amend the Gujarat Tax on Sale of Electricity Act, 1985 ,

Itishereby enacted in the Fiftieth Year of the Republic of India, as follows:-

Short title and commence- ment.

1. (1) This Act may be called the Gujarat Tax on Sale of Electricity (Amend- ment)Act, 1999.

(2) It shall be deemed to have come into force on the 12th May, 1999 .

Amendment of section 2 of Guj. 5of1985.

Guj. 5 of 1985

2. In the Gujarat Tax on Sale of Electricity Act, 1985 (hereinafter referred to as "the principal Act ") , in section 2, --

LIV of1948.

LIVof1948.

(1) in clause (c), for the words , figures and brackets " supplying energy and the State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948 ", the words , figures , letter and brackets " supplying energy, the Generating Company as defined in clause (4A) of section 2 of the Electricity (Supply) Act, 1948 and the State Electricity Board constituted under section 5 ofthat Act of 1948 " shall be substituted;

14-1

IV-Ex . 14-1

INDEX 14-2

[PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 5-10-1999

(2) to clause (h), the following proviso shall be added , namely:-

"Provided that where a licensee , who has installed the generating set for his own use, supplies surplus electrical energy to any other undertaking (hereinafter referred to as " the receiving undertaking ") , the amount payable by any other consumer for supply of such quantum of power to the licensee who is engaged in the business of supplying energy within the area where the receiving undertaking is located, shall be considered to be the . amount of sale price received and receivable by the licensee who has installed the generating set irrespective of actual amount paid and payable tohim.".

3. In the principal Act, in section 10, for the brackets , figures and words " (not exceeding 12% per annum) " , the words " not exceeding twenty- four per cent . per Amendment of section 10 of Guj .5 of1985.

annum, " shall be substituted.

Guj . Ord. 2of1999.

4. (1) The Gujarat Tax on Sale of Electricity (Amendment ) Ordinance , 1999 is hereby repealed.

Repeal and savings.

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

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 15

REGISTERED NO . G/ GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XL ] FRIDAY, DECEMBER 3 , 1999/AGRAHAYANA 12, 1921

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

PART - IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 3rd December, 1999.

GUJARAT ORDINANCE NO : 3 OF 1999 .

AN ORDINANCE

further to amend the Gujarat Municipalities Act, 1963.

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

Guj .34 of1964.

AND WHEREAS the Governor of Gujarat is satisfied that circum- stances exist which ' render it necessary for him to take immediate action to amend the Gujarat Municipalities Act, 1963;

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

1. Snort title and commencement .. (1) This Ordinance may be called the Gujarat Municipalities (Amendment ) Ordinance, 1999.

(2) It shall come into force at once.

IV-Ex: 15-1

15-1

INDEX [PART IV 15-2/GUJARAT GOVERNMENT GAZETTE , EX. , 3-12-1999

Guj . 34 of1964.

2.Guj . 34 of1964 to be temporarily amended. During the pe- riod of operation of this Ordinance , the Gujarat Municipalities Act . 1963 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendment specified in section 3.

3. Amendment of section 33 of Guj . 34 of 1964. In the princi- pal Act, in section 33 , for sub- section (1 ) , the following shall be substi- tuted, namely:---

Guj . Ord . 3 of 1999.

"(1) ( a) The term of office of the President of a municipality con- stituted upon the general election held after the commencement of the Gujarat Municipalities (Amendment ) Ordinance , 1999 shall be two and a half years.

(b) The term of office of the President of a municipality existirnig on the commencement of the said Ordinance shall be one year.

INDEX PART IV GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 3-12-1999 15-3

STATEMEMT

Under the existing provision of sub- section ( 1 ) of section 33 of the Gujarat Municipalities Act , 1963 , the term of office of the President is fixed for a period of one year. On gaining experience, it is found that the period of one year is very short for the President to undertake and imple- ment any important project or take any effective measure for discharging his duties efficiently. It is, therefore , considered necessary to increase the term of office of the President from one year to two and a half years of those municipalities which are constituted upon the general election held after the commencement of this Ordinance. Accordingly sub -section (1) ofsection 33 is suitably amended .

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

Camp at New Delhi , Dated the 3rd December, 1999 .

SUNDAR SINGH BHANDARI , Governor of Gujarat.

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

MANJULA SUBRAMANIAM , Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 16

REGISTERED NO . G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XL ]

FRIDAY, DECEMBER 10, 1999 /AGRAHAYANA 19, 1921

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

PART - IV

Acts of the Gujarat Legislature and Ordinances promulgat d and Regulations made by the Governor

FINANCE DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 10th December, 1999 .

GUJARAT ORDINANCE NO . 4 OF 1999 .

AN ORDINANCE

further to amend the Gujarat State Guarantees Act, 1963.

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which renderit necessary for him to take immediate action to amend the Gujarat State Guarantees Act , 1963;

Guj.XXII of 1963.

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

1.Short title and commencement.- (1 )This Ordinance may be called the Gujarat State Guarantees (Amendment) Ordinance , 1,999.

(2) It shall come into force at once .

IV--Ex . 16-1

16-1

INDEX 16-2

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 10-12-1999

Guj.XXII of 1963.

2. Guj . XXII of 1963 to be temporarily amended .-- During the period of operation of this Ordinance , the Gujarat State Guarantees Act,1963 ( hereinafter referred to as "the principal Act") shall have effect subject to the amendment specified in section 3.

3. Amendment of section 2 of Guj.XXII of 1963.-In the principal Act , in section 2 , in sub-section ( 1 ) , for the letters and figures " Rs. 110,00,00,00,000" , the letters and figures "Rs . 140,00,00,00,000" shall be substituted .

INDEX PART IV]

16-3 GUJARAT GOVERNMENT GAZETE EX. , 10-12-1999

STATEMENT

Sub-section ( 1 ) of section 2 of the Gujarat State Guarantees Act, 1963 fixes Rs . 110,00,00,00,000/- to be the limit upto which the State may give guarantees . With a view to meeting the increasing demand in the wake of development in the field of power sector, agricuture, industry and infrastructure facilities therefor, it is considered necessary to raise the limit upto Rs . 140,00,00,00,000/- :

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

Gandhinagar, Dated the 9th December, 1999.

SUNDAR SINGH BHANDARI , Governor ofGujarat.

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

HASMUKH ADHIA , Secretary to Government .

Government Central Press , Gandhinagar .

INDEX تما

REGISTERED NO. G/ GNR/2 Extra No. 17

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, DECEMBER 31 , 1999/PAUSA 10, 1921

VOL . XL ]

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

PART - IV

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

FINANCE DEPARTMENT

Sachivalaya , Gandhinagar, dated the 31st December, 1999.

GUJARAT ORDINANCE NO . 5 OF 1999 .

AN ORDINANCE

further to amend the Gujarat Sales Tax Act, 1969.

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take îmmediate action to amend the Gujarat Sales Tax Act, 1969;

Guj . 1 of 1970 .

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

1. Short title and commencement.- ( 1 ) This Ordinance may be called the Gujarat Sales Tax (Amendment ) Ordinance , 1999.

(2) it shall come into force on and from the 1st January, 2000 .

17-1

IV-Ex. 17-1.

INDEX 17-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 31-12-1999

Guj.1 of 1970.

2. Guj . 1 of 1970 to be temporarily amended. During the period of operation of this Ordinance, the Gujarat Sales Tax. Act , 1969 (hereinafter referred to as the " principal Act" ) shall have effect subject to the amendments specified in sections 3 and 4.

3.Amendment of Schedule i to Guj. 1 of 1970. -In the principal Act , in Schedule I , the entry at serial No: 26 shall be deleted.

4.Amendment of Schedule II, PartA to Guj.1 of 1970: - In the principal Act, in Schedule II , in Part A, -

(1) the entry at serial No: 12 shall be renumbered as sub-entry ( i) of that entry and after sub-entry (i) as so renumbered , the following sub- entry shali be inserted, namely:-

Onepaise in the rupee.";

One paise in the rupee

(ii ) Diamond whether polished or not, synthetic precious stones and other precious stones , synthetic diamond powder.

(2) in the entry'at serial No. 13A, in columns 3 and 4 , for the words " Four paise ", the words "Eight paise" shall be substituted;

(3) in the entry at serial No. 15, in columns 3 and 4, for the words " 1/2 paise", the words "One paise" shall be substituted;

(4 ) in the entry at serial No. 19 , in columns 3 and 4, for the words "Six paise" , the words "Eight paise " shall be substituted;

(5) in the entry at serial No. 20 , in columns 3 and 4, for the words " Six paise " , the words "Twelve paise " shall be substituted;

(6) in the entry at serial No. 23 , in sub-entries (i ) and (ii ) , in columns 3 and 4, for the words " Two paise", the words " Four paise " shall be substituted;

(7) in the entry at serial No. 25, in columns 3 and 4, for the words "Six paise", the words "Eight paise" shall be substituted;

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

(9) in the entry at serial No. 32, in columns 3 and 4, for the words "Twelve paise" , the words "Twenty paise " shall be substituted;

(10) in the entry at serial No. 42 , in sub-entry (i ) , in columns 3 and 4, for the words "Eight paise", the words " Twenty paise" shall be substituted;

(11 ) in the entry at serial No. 43 , in columns 3 and 4, for the words " Four paise", the words " Eight paise " shall be substituted ;

(12) in the entry at serial No. 44, in sub-entry (B) , in columns 3 and 4, for the words "Two paise " , the words " Four paise" shall be substituted; (13) in the entry at serial No. 48, in columns 3 and 4, for the words "Two puise" , the words " Twelve paise" shall be substituted;

INDEX 17-3 GUJARAT GOVERNMENT GAZETTE, EX., 31-12-1999

PART . IVI

(14) in the entry, at serial No. 51 , in columns 3 and 4 , for the words "Two paise", the words "Four paise " shall be substituted;

(15) the entry at serial No. 59 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: -

(ii ) Sewing threads

Four paise in the rupee";

Four paise in the rupee

(16) in the entry at serial No. 60 , in colurnns 3 and 4, for the words "Six paise", the words "Twelve paise " shall be substituted;

(17) in the entry at serial No. 66, in columns 3 and 4, for the words "Two paise", the words " Four paise " shall be substituted;

(18) for the entry at serial No. 77, the following entry shall be substituted, namely:-

(i ) Bricks

"77

Eight paise in the rupee;

Eightpaise Inthe rupee

Sixpaise in the rupee";

Six paise in the rupee

(ii) Roofing tiles (other than Deshi Nalia and Mangleri Nalia)

(19) in the entry at serial No. 94 , in sub-entry (i ) , in columns 3 and 4, for the words "Six paise" , the words " Eight paise" shall be substituted;

(20) in the entry at serial No. 97,-

(a) after sub-entry (C) , the following sub- entry shall be inserted, namely: -

Twelve paise in the rupee.";

Twelve paise in the rupee ,

CC) (i ) Television reception instruments such as all types of television sets television projection equipments , close circuit Television and T.V. monitor

(ii) Video Casette Recorders , Video Casette players , Video cameras. and combination of any of these instruments .

(iii) Electronics games , Electronics toys and instruments for playing ' electronics games and toys .

(b) in sub-entry (D) ,-

(i) the items at serial No. (2) , (7) and (9) shall be deleted;

(ii) in columns 3 and 4 , for the words "Four paise " , the words " Eight paise " shall be substituted;

INDEX [PART IV 17-4

GUJARAT GOVERNMENT GAZETTE, EX. , 31-12-1999

(21 ) after entry at serial No. 97; the following entry shall be inserted , namely: -

Earth - moving equipment

"97A

Eight paise in the rupee

Eightpaise inthe rupee" ;.

(22) in the entry at serial No. 100 A , for sub-entry ( iv) , the foliowing sub- entries shall be substituted , namely:-

(iv) Meat , Fish and all Sea food.

Four paise in the rupee

Fourpaise in the rupee

(v) Processed vegetables

Fourpaise inthe rupee

Fourpaise inthe rupee";

(23) in the entry at serial No. 102, in columns 3 and 4, for the words "Six paise", the words " Eight paise " shall be substituted;

(24) in the entry at serial No. 104, -

(a) in sub-entry (i ) ,

(i ) in column 2, after the word "except " , the words "Steel furniture , " shall be inserted;

(ii) in columns 3 and 4, for the words "Six paise" , the words " Eight paise " shall be substituted;

(b) in sub-entry (ii ) , in columns 3 and 4, for the words "Eight paise" , the words "Twelve paise " shall be substituted;

(iii) Steel furniture

Twelve paise in the rupee" ;

Twelve paise in the rupee

(25) in the entry at serial No.112 , in columns 3 and 4, for the words "Two paise" , the words " Four paise " shall be substituted;

(26) in the entry at serial No. 124 , in columns 3 and 4, for the words "Six paise", the words " Twelve paise " shall be substituted;

(27) in the entry at serial No. 128, -

(a) in sub-entries (1 ) , (2) , (4) and (5) , in columns 3 and 4, for the words "Fourpaise", the words " Twelve paise " shall be substituted;

(b) in sub-entry (3), in columns 3 and 4, for the words , " Six paise " , the words " Eight paise" shall be substituted;

(28) in the entry at serial No. 133 , in sub -entries ( i ) to (vi ) , in columns 3 and 4, for the words "Four paise " , the words " Eight paise " shall be substituted ;

(29) in the entry at serial No. 139, in columns 3 and 4 , for the words " Eight paise" , the words " Twelve paise " shall be substituted;

INDEX i

17-5 GUJARAT GOVERNMENT GAZETTE , EX. , 31-12-1999

PART IV]

(30) in the entry at serial No. 140, -

(a) in sub -entry (i ) , in colurnns 3 and 4, for the words " Six paise " , the words" Eight paise " shall be substituted;

(b) in sub-entry (ii) , in columns 3 and 4, for the words " Six paise " , the words " Twelve paise " shall be substituted ;

(31 ) the entry at serial No. 151 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: -

Eight paise in the rupee" ;

Eightpaise inthe rupee

"(ii ) Sewing machines (operated by electrical power ) and spares parts and accessory thereof

(32) in the entry at serial No. 167, in columns 3 and 4, for the words "Six paise", thewords "Eight paise " shall be substituted;

(33) in the entry at serial No. 178, in columns 3 and 4, for the words "Tin paise" , the words " Four paise " shall be substituted ;

(34) in the entry at serial No. 182, -

(a) in sub-entries ( i) , (ii ) and (iii ) , in columns 3 and 4, for the words "Two paise" , the words " Four paise" shall be substituted ;

(b) for sub-entry ( iv) , the following sub- entries shall be substituted, namely: -

" ( iv) Utensil made of other metals . Fourpaise in the rupee .

Fourpaise in the rupee .

(v) Articles made of stainless steel

Twelve paise in the rupee. " ;

Twelve paise inthe rupee

(35) in the entry at serial No. 183 , in columns 3 and 4, for the words " Four paise" , the words " Eight paise" shall be substituted;

(36) for the entry at serial No. 184 C , the following entry shall be substituted, namely: -

"184 C (A ) ( i ) Variali ( ani seeds ) ,

( ii ) Methi ( Fengru seeds)

Two paise inthe rupee.

Two paise in the rupee.

(iii) Ajma (Ajwa)

(iv) Kalingda seeds

(v) Asalia.

(B) Jira (Cumin seeds)

Four paise in the rupee." ;

Fourpaise inthe rupee

(37) in the entry at serial No. 186, in columns 3 and 4 , for the words "Four paise" , the words "Eight paise " shall be substituted .

IV -Ex. 17-2

INDEX 17-6

GUJARAT GOVERNMENT GAZETTE, EX. , 31-12-1999

[PART IV

STATEMENT

In the Chief Ministers' Conference held on the 16th November, 1999, a consensus had emerged to apply uniformity of the floor rates in respect of sales tax leviable under Sales Tax Laws of respective States with effect from 1st January, 2000. In order to implement the decision taken in the said Conference, it is necessary to change the rates of sales tax leviable under the ijarat Sales Tax Act, 1969. Accordingly, amendments are made in Schedule 1Schedule II , Part A of the said Act.

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

Gandhinagar,

SUNDAR SINGH BHANDARI , Governor ofGujarat...

Dated the 31st December, 1999.

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

HASMUKH ADHIA, Secretary to Government.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.:

INDEX