Gujarat Gazette, Part Part -V Extra, 2000

Extra Ordinary Part - V / 2000

Date

Extra No.

Department

Extra No.1    14-02-2000   Legislative& Parliamentary Affairs Department
Extra No.2   14-02-2000   Legislative & Parliamentary Affairs Department
Extra No.3    16-02-2000   Legislative & Parliamentary Affairs Department
Extra No.4    22-02-2000   Legislative & Parliamentary Affairs Department
Extra No.5    24-02-2000

Gujarat Legislature Secretariat

Extra No.6    02-03-2000   Legislative & Parliamentary Affairs Department
Extra No.7    03-03-2000   Legislative & Parliamentary Affairs Department
Extra No.8    09-03-2000

Gujarat Legislature Secretariat

09-03-2000

Extra No.9

Gujarat Legislature Secretariat

Extra No.10 09-03-2000 Gujarat Legislature Secretariat

15-03-2000

Extra No.11

Gujarat Legislature Secretariat

Extra No.12   16-03-2000   Legislative & Parliamentary Affairs Department
Extra No.13   16-03-2000   Legislative & Parliamentary Affairs Department
Extra No.14  18-03-2000    Legislative & Parliamentary Affairs Department
Extra No.15   21-03-2000 000 Legislative & Parliamentary Affairs Department
Extra No.16   21-03-2000   Legislative & Parliamentary Affairs Department
Extra No.17   22-03-2000   Legislative & Parliamentary Affairs Department
Extra No.18   23-03-2000  Legislative & Parliamentary Affairs Department
Extra No.19   24-03-2000   Legislative & Parliamentary Affairs Department
Extra No.20   27-03-2000   Legislative & Parliamentary Affairs Department
Extra No.21   30-03-2000

Gujarat Legislature Secretariat

30-03-2000

Extra No.22

Gujarat Legislature Secretariat

Extra No.23   11-09-2000   Legislative & Parliamentary Affairs Department
Extra No.24   11-09-2000   Legislative & Parliamentary Affairs Department
Extra No.25   27-09-2000   Legislative & Parliamentary Affairs Department
Extra No.26   27-09-2000   Legislative & Parliamentary Affairs Department
Extra No.27   03-10-2000   Legislative & Parliamentary Affairs Department

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, FEBRUARY, 14, 2000/MAGHA 25 , 1921

VOL . XLI ]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported.)

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT STATE GUARANTEES ( AMENDMENT ) BILL , 2000 .

GUJARAT BILL NO . 1 OF 2000.

ABILL

further to amend the Gujarat State Guarantees Act, 1963.

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

1. ( 1 ) This Act may be called the Gujarat State Guarantees (Amendment) Act , 2000.

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 10thDecember, 1999.

Guj.XXII $ of1963 .

2. In the Gujarat State Guarantees Act, 1963 (hereinafter referred to as "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 .

Amend- ment of section 2 ofGuj . XXII of 1963.

1-1

V-Ex. 1-1

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, Ex . , 14-2-2000

1-2

Guj . Ord. 4of1999.

3. ( 1) The Gujarat State Guarantees ( Amendment ) Ordinance , 1999 is hereby repealed.

Repeal and savings.

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

INDEX PART V]

1-3

GUJARAT GOVERNMENT GAZETTE , Ex. , 14-2-2000

STATEMENT OF OBJECTS AND REASONS

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 Government may give guarantees . With a view to meeting with the increasing demand in the wake of development in the field of power sector, agricultüre, industry and infrastructure facilities therefor , it was considered necessary to raise the said limit upto Rs . 140,00,00,00,000/-.

As the Gujarat Legislative Assembly was not in session , the Gujarat State Guarantees ( Amendment ) Ordinance , 1999 was promulgated to amend the said Act to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

Gandhinagar,

VAJUBHAI VALA.

Dated the 14th February, 2000 .

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

KUM . H. K. JHAVERI ,

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

Gandhinagar,

Dated the 14 February, 2000.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 2

REGISTERED NO . G/ GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

MONDAY, FEBRUARY, 14, 2000/MAGHA 25 , 1921

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported .)

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules: -

THE GUJARAT SALES TAX ( AMENDMENT ) BILL, 2000 .

GUJARAT BILL NO . 2 OF 2000 .

A.BILL

further to amend the Gujarat Sales Tax Act, 1969.

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

1. ° (1 ) This Act may be called the Gujarat Sales Tax (Amendment ) Act,2000 .

Short title and commencement.

(2) .It shall be deemed to have come into force on and from the 1st January, 2000.

Guj.1 of 1970.

2. In the Gujarat Sales Tax Act , 1969 ( hereinafter referred to as the " principal Act" ) , in Schedule I , the entry at serial No. 26 shall be deleted .

Amendment of Schedule I to Guj .1 of1970 .

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

Amendmentof ScheduleII , PartA to Guj.1 of1970.

(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 shall be inserted , namely:-

V-Ex. 2-1

2-1

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, Ex . , 14-2-2000

2-2

One paisa in the rupee ." ;

One paisą 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 "one half paisa" , the words " One paisa " shall be substituted;

(4) inthe entry at serial No. 19 , in columins 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 paise" , the words " Twelve paise " shall be substituted;

(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 intherupee.";

Four paise in the rupee.

INDEX PART V]

2-3

GUJARAT, GOVERNMENT GAZETTE , Ex. , 14-2-2000

(16) in the entry at serial No. 60, in columns 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: -

"77 (i) Bricks.

Eight paise in the rupee.

Eight paise inthe rupee.;

( ii ) Roofing tiles ( other than Deshi Nalia and Manglori Nalia)

Six paise in the rupee.

Six paise in the rupee . " ;

(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: - 1

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 Nos . ( 2) , (7) and (9 ) shallbe deleted;

( ii) in columns 3 and 4, for the words "Four paise " , the words "Eight paise" shall be substituted;

(21 ) after the entry at serial No. 97, the following entry shall be inserted, namely:-

"97A Earth - moving equipment.

Eight paise inthe rupee ." ;

Eightpaise inthe rupee.

(22) in the entry at serial No. 100 A, for sub -entry ( iv) , the following sub- entries shall be substituted , namely:- :

( iv) Meat , Fish and all Sea food .

Fourpaise in the rupee .

.Four paise in the rupee .

(v) Processed vegetables .

Four paise in the rupee .

Four-paise in the rupee." ;

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, Ex . , 14-2-2000

2-4

(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 "Twelvepaise " shall be substituted;

(iii ) Steel furniture.

Twelve paise -in the rupee." ;

Twelve paisė inthe 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 "Four paise " , 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;

(30) in the entry at serial No. 140, -

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

(b) insub -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 in the rupee

"(ii ) Sewing machines (operatedby electrical power ) and spare parts and accessories thereof.

INDEX 2-5 PART V]

GUJARAT GOVERNMENT GAZETTE ,EX:, 14-2-2000

(32) in the entry at serial No. 167, in columns 3 and 4, for the words "Six paise", the words "Eight paise " shall be substituted;

(33) in the entry.at serial No. 178 , in columns 3 and 4, for the words "Two paise" , the words "Four paise " shall be substituted;

(34) in the entry at serial No. 182, -

(a) in sub- entries (i ) to (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: -

-3

"(iv) Utensils made of other metáls .

Fourpaise in the rupee.

Four paise in the rupee .

(v) Articles made of stainless steel .

Twelve paise inthe rupee.";

Twelve paise in the 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).

Two paise inthe rupee .

Two paise inthe rupee.

(ii ) Methi ( Fenugru seeds) .

(iii) Ajma (Ajwa) .

(iv) Kalingada seeds .

(v)Asalia.

(B) Jira (Cumin seeds) .

Fourpaise inthe 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 " shallbe . substituted.

1999. Repealand savings.

4. (1) The Gujarat Sales Tax (Amendment ) Ordinance, 1999 is hereby. Guj . Ord . 5 of repealed.

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

V- EX - 2-2

INDEX [PART V 2-6

GUJARAT GOVERNMENT GAZETTE , Ex . , 14-2-2000

STATEMENT OF OBJECTS AND REASONS

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 was considered necessary to change the rates of sales tax leviable under the Gujarat Såles Tax Act, 1969. Accordingly, amendments were made in Schedule I and Schedule II , Part A of the said Act.

As the Gujarat Legislative Assembly was not in session , the Gujarat Sales Tax (Amendment) Ordinance , 1999 was promulgated to amend the said Act to achieve the aforesaid object . This Bill Seeks to replace the said Ordinance by an Act of the State Legislature.

VAJUBHAI VALA Gandhinagar ,

Dated the 14 " February , 2000 .

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

KUM . H. K. JHAVERI ,

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

Gandhinagar

Dated the 14 February , 2000 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO . G/ GNR/ 2 Extra No.3

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY , FEBRUARY 16 , 2000 / MAGHA 27 , 1921 VOL . XLI ]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated in to Gujarati and the translation to be published in the Gujarat Government Gazette .The date of publication to be reported. ) :

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Lagislative Assembly Rules : -

THE GUJARAT MUNICIPALITIES ( AMENDMENT) BILL, 2000.

GUJARAT BILL NO. 3 OF 2000 .

ABILL

further to amend the Gujarat Municipalities Act, 1963.

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

short title and com- mencement.

1. (1 ) This Act may be called the Gujarat Municipalities (Amendment) Act, 2000.

(2) It shall be deemed to have come into force on the 3rd December, 1999.

3-1

PartV -Extra -3-1

INDEX [PART V

GUJARAT GOVERNMENT GAZETTE , EX . 16-2-2000

3-2

Gul . 34 2. In the Gujarat Municipalities Act, 1963 ( hereinafter referred to as "the principal Act " ) , in section 33, for sub -section ( 1 ) , of 1964. the following shall be substituted , namely :-

Amend- mentof 'section 33 ofGuj .34 of1964.

Guj . of "(1 ) (a) The term of office of the President of a municipality constituted uponthe general election held after the commencement ofthe GujaratMunicipalities (Amendment ) Act, 2000 shall be two 2000. and a half years.

(b) The term of office of the President of a municipality existing on the commencement of the said Act , shall be one year.

Gu) . Ord . 3 of1999 .

3.(1 ) The Gujarat Municipalities (Amendment ) Ordinance , 1999 is hereby repealed.

Repeal and savings.

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

INDEX 3-3 PART VI , GUJARAT GOVERNMENT GAZETTE , EX . 16-2-2000

STATEMENT OF OBJECTS AND REASONS:

Under the existing provisions of sub -section ( 1 ) of section 33 ofthe 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 implement any important project or take any effective measure for discharging his duties efficiently. It was, therefore , considered necessary to increase the term of office of the Presidentfrom one year to two and a half years of those municipalities which were constituted upon the general election held after the commencement of the Gujarat Municipalities (Amendment ) Ordinance, 1999 .

As the Gujarat Legislative Assembly was not in session , the . Gujarat Municipalities ( Amendment) Ordinance , 1999 was promulgated to amend sub - section ( 1 ) of section 33 of the said Act to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

PARMANAND KHATTAR .

Gandhinagar ,

Dated the 16th February, 2000 .

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

KUM . H. K. JHAVERI ,

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

Gandhinagar,

Dated the 16th February, 2000.

Government Central Press , Gandhinagar.

INDEX Extra No. 4

REGISTERED NO . G /GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

'' VOL . XLI ] TUESDAY, FEBRUARY 22 , 2000/PHALGUNA 3 , 1921

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported)

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :

THE GUJARAT LIFTS AND ESCALATORS BILL, 2000,

GUJARAT BILL NO . 4 OF 2000 .

ABILL

to consolidate law relating to regulation of the construction, maintenance and safe operating of lifts and escalators and the machinery and apparatus pertaining thereto in the State of Gujarat.

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

1. (1) This Act may be called the Gujarat Lifts and Escalators Act, 2000. Shorttitle, extent and commencement .

(2) It extends to the whole of the State of Gujarat,

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

Definitions .

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

(a) "Baluster " means a short pillar slender above and bulging below;

(b) "Balustrade " means a row of balusters meant for supporting moving handrails;

(c) " Chief Inspector " and " Inspector " means respectively the person appointed to be the Chief Inspector of lifts and escalators and the Inspector of lifts and escalators under sub - section (1 ) of section 15;

V Ex. 4-1

4-1

INDEX [PART V 4-2

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

(d) " combplate" means a pronged plate that forms part of an escalator landing. andengages withthe cleats of the steps at the limits oftravel ;

(e) "escalator " means a power driven inclined continuous stairway used for raising or lowering passengers;

(f) " escalator installation " includes the escalator, the track, the trusses or girders,thebalustrading , the step treads and landings and all chains, wires and plants directly connected with the operation of the escalator;

(g) " licence " means a licence granted under section 4;

(h) " lift " means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car or platform;

(i) "lift car " means the load carrying unit with its floor or platform car frame and enclosing body work;

(j) "lift installation " includes the lift car, the lift way, the lift way enclosure andthe operatingmechanism of the lift and all ropes , cables , wires and plant, directly connected with the operation of the lift;,

(k) "power " means any form of energy which is not generated by human or animal agency;

(1) "prescribed" means prescribed by rules;

(m) "rated speed" means the speed at which the lift or escalator is designed tooperate;

(n) " rules " means rules made under this Act .

Permissionto erect lift or escalator.

3. (1). Every owner of a place intending to instal a lift or an escalator in such place afterthe commencement of this Act , shall make an application in such form as may be prescribed, to such officer as the State Government may authorise in this behalf, for permission to erect such lift or escalator. Such application shall specify-

(a) the type of the lift or escalator;

(b) the rated maximum speed of the lift or the speed at which the escalator is designed to operate;

(d) the maximum number of passengers in addition to the lift operator which the lift can carry;

(e) the total weight of the lift car carrying the maximum load;

(f) the weight of the counter weight of the lift;

(g) the number, description, weight and size of the supporting cables of the lift or escalator ;

(h) the depth ofthe pit from the lowest part of the car when at the lowest floor of lift;

(t) such details of the construction of the overhead arrangement with the weights and size of the beams for the lift , as may be prescribed;

INDEX 4-3 PARTV]

GUJARAT GOVERNMENT GAZETTE, EX,, 22-2-2000

(j) angle of inclination for escalator ;

(k) type of balustrading in escalator;

(1) the width between balustrades in escalator;

(m) details of handrails , steps treads , landing, combplates , trusses or girders and step wheel tracks in escalator;

(n) the rated load in Kilogrammes on escalator;

(0) the factor of safety based on the static loads in the lift orescalator; and

(p) such other particulars as may be prescribed..

(2) On receipt of an application under sub- section(1 ), the officer authorised under this section shall , after making such inquiry and requiring the applicant to furnish such information as may be necessary, forward the application with his remarks to the Chief Inspector. The Chief Inspector may there upon either grant or refuse the permission to erect lift or escalator. The permission so granted shall be valid for a period of six months from the date on which it is granted or for such further period not exceeding six months as may be allowed by the Chief Inspector for sufficient reasons .

(3) Ongrant of permission under sub- section (2) , the owner shall get his lift orescalator erected by a person authorised under section13.

Licence to use ift or escalator, 4. ( 1 ) The owner who is permitted to instal a lift or escalator under section 3 shall , within one month after the completion of erection of such lift or escalator, make an application to such officer as the State Government may authorise in this . behalf, for a licence for operating the lift or an escalator.

(2) An application for licence made under sub- section ( 1 ) shall be in such form and accompanied by such fees as may be prescribed.

(3) On receipt of an application under sub -section ( 1 ) , such officer may, after making such inquiry as may be necessary, forward the application with his remarks to the Chief Inspector.

(4) If the Chief Inspector is satisfied that the applicant has complied with the requirements of the provisions of this Act, he may grant the licence to use lift or escalator in such form and on such terms and conditions as may be prescribed:

Provided that where the Chief Inspector refuses to grant the licence, he shall give a reasonable opportunity of being heard to the applicant.

(5) The owner who has been granted licence under sub-section (4) shall get his lift or escalator maintained by a person authorised under section 13.

Application for ticesice in case of escalators. existing isand 5. ( 1) Notwithstanding anything contained in sections 3 and 4, every owner of a place in which a lift or an escalator has been installed before the date of the commencement of this Act shall, within three months from such date apply for a licence for operating of such lift or escalator.

(2) The provisions of sub- sections (2) and (3 ) of section 4 shall , as far as may be, apply to such application.

INDEX [PART V 4-4

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

6. (1) Every licence shall be valid for a period ofthree years from the date on which it is granted.

Duration and renewal of licence.

(2) A licence may be renewed on an application made in that behalfto the Chief Inspector in such form and accompanied by such feé as may be prescribed alongwiththe report made under section 16 and every such application shall be made not less than thirty days before the date on which the period of validity of the licence is due to expire .

7. No lift or escalator shall be operated except under and in conformity with the terms and conditions of the licence granted in respect of the same.

Lift or escalator nottobe operated without Scence.

Suspensionor cancellationof licence.

8. If the licensee has contravened any of the provisions of the Act or rules or any ofthe conditions of the licence or directions given to him, the Chief Inspector may, after giving a reasonable opportunity of being heard, suspend the licence for such period as he thinks fit or cancel it.

Additions and alteratiosis to lift orescalator installation.

9. No additions or alterations other than those required to be made under sub- section (2) of section 10 shall be made to any lift or escalator installation except with the previous permission in writing of an officer authorised in this behalf by the State Government.

Right to enter anybuilding for inspection of lift or escalator and lift or escalator installation , etc.

10. ( 1) An officer authorised in this behalf by the State Government or a person authorised under section 13 may, at any time after giving a reasonable notice to the occupant, enter upon any building in which a lift or an escalator is installed or is being installed or in connection with which an application has been made for licence , forthe purpose of inspecting the lift or escalator or lift or escalator installation or the sitethereof. ۱۰

(2) The officer, on such , inspection , or on the basis of report made under sub -saction (3) of section 16 is of the opinion that any lift or escalator in any building is in unsafe condition, he may direct by an order to the owner of the building or his agent appointed under sub-section (2) of section 14 to make such repairs or alterations tobe made to such lift or escalator as he máy deem necessary, within the time specified therein and may also if necessary, order the use of such lift or escalator to be discontinued until such repairs or alterations are made or such unsafe condition is removed . The owner or , as the case may be, his agent shall thereupon comply with the order within the period specified therein and shall forthwith report in writing to the officer of having so complied with.

Appeal. 11. ( 1 ) Any person aggrieved by an order of the Chief Inspector made under sub-section (4) of section 4 or section 8 , may within thirty days from the date of such order, appeal to the State Government.

(2) Anyperson aggrieved by an order of the officer made under sub-section (2) of section 10, may within thirty days from the date of such order, appeal to the ChiefInspector.

(3) Any person aggrieved by an order of the Chief Inspector made under sub-section (2) , may within thirty days from the date of such order, appeal to the StateGovernment.

(4). An appellate authority may pass such order on appeal as it deems just andproper.

(5) The order made by the Chief Inspector on appeal , shall be subject to the appeal to the State Government, and the decision of the State Government on appeal shall be final and shall not be called in question in any court.

INDEX 4-5.

PART V]

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

(6). " Notwithstanding any appeal made under this section , any order to discontinue the use of lift or escalator made by the officer under sub - section (2) of section 10 shall be complied with unless the appellate authority has suspended such order.

Owner to give facilitiesfor inspection.

12. The owner of a building in which a lift or an escalator is installed or his agent appointed under sub - section (2 ) of section 14 shall afford all reasonable facilities to the officer or a person authorised under section 13 for inspecting a lift or an escalator under sections 10 and 16 and whenever ordered to do so by the officer shall , at his own cost , procure at such inspection the attendance of the person, if any, with whom hehas entered into a contract for the erection or maintenance of the lift of an escalator (being a person authorised under section 13 for the work of erection or maintenance ofa lift or an escalator ) or a representative of such person who is competent to assist the officer in inspecting the lift or an escalator.

13. (1 ) The Chief Inspector may authorise a person for the purpose of carrying out erection , maintenance , inspection and test of lift or escalator.

Authorisation to aperson for erection, maintenance, inspectionand test.

(2) The manner, terms and conditions and the fees for authorisation under sub- section ( 1 ) shall be such as may be prescribed .

(3) No person shall be authorised under sub - section ( 1 ) unless he fulfils qualifications and such other requirements as may be prescribed...

Report of accidents and inquiries.

14. (1 ) Where any accident occurs in the operation of any lift or escalator which results or is likely to have resulted in loss of human life or injury to any person , the owner of the building in which the lift or escalator is working or if such owner has appointed an agent and has communicated his name to the Inspector under sub- section ( 3 ) , such agent, shall as soon as may be after such accident, give notice in such form and in such manner as may be prescribed, with full details of the accident to the Inspector and also in the area for which a Commissioner of Police has been appointed, to the Commissioner of Police and elsewhere to the District Magistrate or such other officer as the State Government may, by order, specify and the lift or escalator installation shall not be interfered with in any manner and the working of such lift or escalator shall not be resumed except with the written permission of the officer authorised in this -behalf by the State Government.

(2) For the purposes of sub -section (1 ) , the owner of every building in which a lift or an escalator has been installed, or in the case where such owner does not reside in such building , an agent ( who shall be a resident in the town or village in which the building is situate ) appointed by the owner, shall give notice of any accident occurring in the operation of the lift or escalator

(3) The name of every agent appointed under sub - section (2) shall be communicated in writing to the Inspector.

(4) The State Government may authorise the Inspector or any other competent person appointed in this behalf, to inquire and report-

(a) as to the cause of any accident affecting the safety of the persons which may have been occasioned by, or in connection with, the lift or escalator installation , or

(b) as to the manner in , and extent to , which the provisions of this Act or the rules made thereunder so far as those provisions affect the safety of any person, have been complied with .

V Ex . 4-2

INDEX [PART V 4-6

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

V of1908 .

XLV of 1860.

(5) Every Inspector or other person holding an inquiry under sub -sectioh (4) shall have all the powers of a Civil Court under the Code of Civil Procedure , 1908. for the purpose of enforcing the attendance of witness and compelling the production of documents and material objects; and every person required by an Inspector or such other person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code.

IX of 1910.

15. ( 1 ) The State Government may, by notification in the Official Gazette , appoint persons duly qualified as Electrical Inspector under the Indian Electricity Act, 1910, to be-

(a) the Chief Inspector of lifts and escalators ;

Appointment of Chief Inspector, Inspectors and Assistant Inspectors-of lifts and escalators.

(b) the Inspector of lifts and escalators .

(2) The Chief Inspector so appointed shall , in addition to the powers conferred: on him under this Act, exercise the powers of an Inspector through out the State.

(3) Every Inspector so appointed shall exercise the powers and perform the functions of the Inspector under this Act within such areas or in respect of such class of lift or escalator installations and subject to such restrictions as the State Government may direct.

IX of1910.

(4) The State Government may, by notification in the Official Gazette , appoint persons duly qualified to assist an Electrical Inspector under the Indian Electricity Act, 1910 to be the Assistance Inspector of lifts and escalators .

16. (1 ) Every lift or escalator-

Inspectionof liftsand escalators and chargingof fees.

(a) shall be inspected by the officer authorised in this behalf by the State Government , -

(i) before the grant of a licence under section 4; and

(ii) in every three years from the date of grant of licence ;

(b) may be inspected by such officer to check up compliance with the order made under sub - section (2) of section 10, if necessary..

(2) Notwithstanding anything contained in sub- section (1 ) , the owner of a building inwhich a lift or an escalator is installed, shall get his lift or escalator inspected and tested by a person authorised under section 13 at an interval of every six months from the date ofgrant of licence under section 4 and shall submit such inspection and test report to the Chief Inspector.

(3) The officer authorised under clause (a) of sub- section ( 1 ) and the person who has inspected and tested the lift or escalator under sub -section (2) shall submit their report to the Chief Inspector in such form as may be prescribed .

(4) The fee as may be prescribed shall be paid by the owner of the building in which the lift or escalator is installed for each inspection under sub- section ( 1 ) and such fee shall be inclusive of the fee for the inspection of electrical installation attached to the lift or escalator installation. The fee shall be paid within such period and in such manner as may be prescribed.

(5) Where the owner or any person liable to pay fee under this section does not pay the same within the prescribed period, there shall be paid by such owner for the period commencing immediately after the prescribed period and ending on the date of payment of fees , simple interest at the rate of twenty- four per cent per annum on the amount of fees not so paid .

INDEX 4-7 PÄRT VJ

GUJARAT GOVERNMENT GAZETTE , EX , 22-2-2000-

Recovery of fees,etc.

17. All sums payable as fees or interestund of land revenue . ct shall be recoverable as arrears

Penalty.

18. Whoever contravenes any of the provisions of this Act, rules or the conditions of a licence or a direction given by the Chief inspector or the inspector under this Act or the rules shall , on conviction, be punishable with fine not exceeding five thousand rupees and, in the case of continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

Offences by companies .

19. ( 1 ) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed , was in - charge of and was responsible to , the company for the conduct of the business of the company, as well asthe company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Providedthat nothing contained in this sub - section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub- section ( 1 ), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any directorn, manager, secretary , or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty ofthat offence and shall be liable to be proceeded against and punished accordingly.

Explanation . - For the purpose of this section , -

(a) "company " means any body corporate and includes a firm or other association of individuals , and

(b) "director" in relation to a firm, means a partner in the firm.

Cognizance of offencès.

20. No court shall take cognizance of any offence under this Act except with the previous sanction of the Chief Inspector or the State Government .

21. (1 ) Every notice , order or document by or under this Act required or authorised to be addressed to any person may be served by post or left,

Service of notices, orders or documents.

(a) where a local authority is the addressee , at the office of the local authority,

(b) where a company is the addressee , at the registered office of the company or in the event of the registered office of the company not being in India, at the head office of the company in India ,

(2) Every notice , order or document by or under this Act required or authorised to be addressed to the owner or the agent of the owner or the occupant of any premises shall be deemed to be properly addressed, if addressed by the description ofthe " owner " or " agent of the owner " or " occupant " of the premises (naming the premises) and may be served by delivering it or a true copy thereof, to some person onthe premises or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.,

INDEX [PART V 4-8

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

Protection for acts done good faith.

22. No suit, prosecution or other legal proceedings shall be instituted against any officer for anything which is in good faith done , or intended to be done under this tor the rules or orders made thereunder. Act or the rules or o

Act to lifts or escalators installed by 23. Inthe application of the provisions of this Act the Government, the provisions of this Act shall be deemed to have been adopted or modified to the extent specified in the Schedule .

Applicationof Actto liftsor escalators belongingto Government.

Power to make rules.

24. ( 1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

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

(a) the specifications for lifts and escalators;

(b) the manner in which erection plans of lifts and escalators shall be submitted;

(d) the form of application for permission to erect a lift or escalator under-sub- section ( 1 ) of section 3;

(e) details of the construction of the overhead arrangement with the weights and sizes of the beams under item (i ) of sub- section (1 ) of section 3;

(f) other particulars which the application for permission to erect a lift or an escalator shall specify under item (u ) of sub -section ( 1) of section 3;

(g) the form in which an application for licence shall be made and the fee which shall accompany such application under sub-section (2 ) ofsection4;

(h) the form in which and the terms and conditions on which the licence may be granted for the working of a lift or an escalator under sub- section (4) of section4;

(i ) the form in which an application for renewal of licence shall be . made and the fee which shall accompany such application under sub-section (2) of section 6;

(j ), the form of notice to be given under sub -section ( 1 ) of section 10;

(k) the form in which an application for obtaining authorisation shall be made and the fee and the particulars which shall accompany such application under sub- section (2) of section 13 .

(1 ) the qualifications and other requirements for obtaining authorisation under sub- section (3) of section 13;

(m) the form and the manner in which notice of accident shall be given under sub- section ( 1 ) of section14;

(n) the rate of fee which shall be charged for inspection of every lift or escalator and the period within which and the manner in which such fee shall be paid under sub- section ( 2 ) of section 16;

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

INDEX -4-9 GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

PART V

(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.

IX of 1910.

25. Nothing contained in this Act shall affect the provisions of the Indian Electricity Act, 1910 or any rules made thereunder.

Provisions of Indian ElectricityAct not affected.

Bom . X of 1939 ,

Repeal and savings.

26. On the commencement of this Act, the Bombay Lifts Act, 1939 in its application tothe State of Gujarat , shall stand repealed:

Provided that such repeal shall not affect the previous operation of the saidAct and anything done or action taken (including any appointment or delegation made , application or other document filed , licence granted, inquiry or inspection made, notification or notice issued, rule made , proceeding instituted, fees recovered or penalty imposed) by or under the provisions of the said Act, shall , in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.

SCHEDULE

(See section 23)

(1) In section 5, in sub - section ( 1 ) , for the words " every owner ", the words "every Government Officer- in- charge " shall be substituted.

(2) In.section 14, in sub - section (2), -

(i) for the words begining with the words " the owner of every building " and ending with the words " in such building " , the following shall be substituted, namely : -

"for every building in which a lift or an escalator has been installed by Government , the Government or " ;

(ii) for the words " appointed by the owner " the words " appointed by the Government " shall be substituted.

(3) In section 21 , in sub- section ( 1 ), for clause (a) , the following shall be substituted , namely : -

"(a) where Government is the addressee, at the office of the agent appointed by Government under sub- section (2 ) of section 14 " .

V-Ex 4-3

INDEX 4-10

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

[PART V.

STATEMENT OF OBJECTS AND REASONS

At present, the Bombay Lifts Act, 1939 is applicable to the State ofGujarat. While administering the said Act, it is found that the existing provisions are not adequate to carry out the object. The escalator installations have come into existence in the State after the enactment of the said Bombay Act and therefore, it has also become necessary to make some provisions for regulating the construction, maintenance and operating of an escalator installations . It is, therefore , considered necessary to replace the said Bombay Act by a new Act. The following notes on clauses explain the important provisions of the Bill :-

Clause 2. This clause defines certain terms used in the Bill .

Clause 3. This clause provides for the person intending to install a new lift or escalator installation to make an application for permission to erect the lift or escalator.

Clause 4. This clause lays down the procedure to be adopted for the issue of a licence to use the lift or escalator and maintenance of lift or escalator.

Clause 5. This clause provides for making of application by the owner of the place in which lift or escalator is installed before the commencement of the Act for grant of a licence to use the lift or an escalator.

Clause 6. This clause provides for the duration and renewal of licence.

Clause 7. This clause prohibits the use of lift or escalator installation without licence.

Clause 8. This clause empowers the Chief Inspector to suspend or cancel the licence for contravention of Act, rules or directions etc.

Clause 9. This clause provides for the permission of an authorised officer to make any addition or alteration to the lift or escalator installation.

Clause 10. This clause gives powers to the authorised officer to enter any building for inspection of lifts or escalators , lift or escalator installation or the site thereof.

Clause 11. This clause contains provisions for appeal .

Clause 12. This clause requires the owner of a building in which the lift or escala- tor is installted or his agent to give facilities for inspection .

Clause 13. This clause provides for the authorisation of a person for erection, maintenance , inspection and test of lift or escalator.

Clause 14. This clause lays down the procedure for reporting any accident which may occur in the operation of any lift or escalator and inquiries.

Clause 15. This clause provides for the appointment of the Chief Inspector, Inspector of lifts and escalators and his assistants .

INDEX PART V]

4-11 GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2000

Clause 16. This clause provides for inspection of lift or escalator and charging of fees and penal interest.

Clause 17.-This clause provides for the recovery of fees or interest as arrears of land revenue.

Clause 18. This clause provides for the penalty to be imposed for contravention of the provisions of theAct, etc.

Clause 19. This clause relates to the offences committed by the companies .

Clause 20. This clause provides that the court shall take congnizance of the offence only on the previous sanction of the Chief Inspector or the State Govern- ment.

Clause 21. This clause lays down the procedure for the service of notices and orders to be issued under the Act.

Clause 22. This clause provides for usual indemnity for acts done in good faith.

Clause 23.-By this clause the provisions of the Act are made applicable to the lifts or escalators belonging to Government with certain modification specified in the Schedule.

Clause 24. This clause empowers the State Government to make , by notification in the Official Gazette , rules generally for carrying out the purposes of Act and particularly for all or any of the matters specified in sub- clause (2)..

Clause 25. This clause provides that the provisions of the Indian Electricity Act, 1910 and the rules made thereunder shall not be affected by the provisions of this Act.

Clause 26. This clause provides for the repeal of the Bombay Lifts Act, 1939 and savings.

KAUSHIK PATEL

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

4-12

FINANCIAL, MEMORANDUM

Clause 15 of this Bill provides for the appointment of the Chief Inspector of lifts and escalators , Inspectors and Assistant Inspector of lifts and escalators . Since. theexisting Government Officers are to be appointed, the appointment as such would not involve any additional expenditure from the Consolidated Fund of the State .

KAUSHIK PATEL

INDEX PART V]

4-13 GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2000

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves delegation of legislative powers in the following respects : -

Clause 1. Sub-clause (3) of this clause empowers the State Government to appoint by notification in the Official Gazette, a date on which the Act shall come into force.

Clause 3 .-(1) Sub-clause (1 ) of this clause empowers the State Government > to authorise an officer to receive the application for granting permission to erect a lift or an escalator;

(ii) This sub-clause also empowers the State Government to pre- scribe by rules the form of such application;

(iii) Item (1) of this sub -clause empowers the State Government to prescribe by rules the details of the construction of the overhead ar- rangement with the weights and sizes of the beams for the lift, which such application shall specify; :

(iv) Item (u) of this sub- clause empowers the State Government to prescribe by rules other particulars which such application shall specify.

Clause 4.-(i) Sub - clause (1) of this clause empowers the State Government to authorise an officer to whom the application for licence for working of lift or escalator shall be made .

(ii) Sub - clause (2) of this clause empowers the State Governmentto prescribe by rules the form in which an application for licence shall be made, the fee which shall accompany such application;

(iii) Sub - clause (4) of this clause empowers the State Government. to prescribe by rules the form in which and the terms and conditions on which licence shall be granted.

Clause 6. Sub-clause (2) of this clause empowers the State Government to prescribe by rules the form in which an application for renewal of a licence shall be made, the fee which shall accompany such application.

Clause 9.-This clause empowers the State Government to authorise an officer to grant previous permission in writing for any addition or alteration to any lift or escalator.

Clause 10.- Sub-clause (1) of this clause empowers the State Government to authorise an officer to enter and inspect the building in which the lift or escalator is orbeing installed and in respect of which an application for licence has been received by such officer. :

Clause 13.-(i ) Sub- clause (1) of this clause empowers the State Government toauthorise a person for the purposes of carrying out erection, maintenance , inspection or test of lift or escalator;

(ii)-Sub - clause (2) of this clause empowers the State Government to prescribeby rules the manner, terms and conditions and the fees for authorisation under this clause;

V-Ex- 4-4

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2000

4-14

(iii) Sub -clause (3) of this clause empowers the State Government toprescribe by rules the qualifications and such other requirements for "obtaining authorisation under this clause .

Clause 14.-(i ) Sub - clause ( 1) of this clause empowers the State Government to prescribe by rules the form and the manner in which notice of accident shall be given. This clause also empowers the State Government to specify by order the other officer to whom such notice shall be given and authorise an officer who may grant permission to resume lift or escalator;

(ii )-Sub- clause (4) of this clause empowers the State Government to authorise an Inspector or other competent person to inquire and report the matters referred to in this clause .

Clause 15. This clause empowers the State Government to appoint the Chief Inspector, Inspectors and Assistant Inspectors of lifts and escalators .

Clause 16.-(i) Sub - clause (1) of this clause empowers the State Government. to authorise an officer by whom lift or escalator installation shall be inspected;

(ii) Sub-clause (3 ) of this clause empowers the State Government to prescribe by rules the form in which the inspection and test report shall be submitted;

(iii) Sub -clause (4) of this clause empowers the State Government toprescribe by rules the fee , the period within which and the manner in which fee shall be paid.

Clause 24. This clause empowers the State Government to make , by notification in the Official Gazette , rules generally for carrying out the purposes of the Act and particularly for all or any of the matters specified in sub - clause (2).

The delegation of the legislative powers as aforesaid is necessary and is of a normal character.

Gandhinagar,

KAUSHIK PATEL .

Dated the 22nd February, 2000.

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

KUM . H. K. JHAVERI,

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

Gandhinagar , dated the 22nd February, 2000.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX RECISTLELD NO. G/GNK/ 2 Extra No.5

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, FEBRUARY 24 , 2000/ PHALGUNA 5 , 1921

VOL. XLIJ

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 24th February, 2000 by Dr. Mayaben Kodanani M.L.A. is published under rule 127-A. of the Gujarat Legislative Assembly rules for general information .

GUJARAT BILL NO . 5 OF 2000.

THE GUJARAT PROHIBITION OF RAGGING BILL, 2000

A BILL

Abill to prohibit ragging in educational institutions in the State ofGujarat andfor matters connected therewith.

WHEREAS, it is expendient to enact a special law to prohibit ragging in 'educational institutions in the State ofGujarat;

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

1. (1 ) This Act may be called the Gujarat Prohibition of Ragging Act, 2000 .

Short title extent and Commence- ment.

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

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

Definitions.

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

(a) "educational institution " means and includes a College, or other institution by whatever name called, carrying on the activity or imparting education therein (either exclusively or among other activities); and includes an orphanage or a boarding home or hosted or a tutorial institution or any other premises attached thereto;

V-EX-5-1

5-1

INDEX [PART -V 5-2

GUJARAT GOVERNMENT GAZETTE , EX. , 24-2-2000

(b) "head of the educational institution " means the Vice- Chancellor of the University, Dean ofthe Medical faculty, Director ofthe Institution, or the Principal , Headmaster or the person responsible for the management ofthe institution ;

(c) "ragging" means display of disorderly conduct, doing any act which causes or is likely to cause physical or psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes.-.

(i) teasing, abusing, thereating or playing practical jokes on , or causing hurt to, such student; or

(ii) asking a student to do any act or perform something which such student will not, in the ordinary course, willingly do.

3. Ragging within or outside any educational institution is an offencé punishable under this Act .

Prohibition of ragging.

Penalty for ragging.

4.Anypersonwho directly or indirectly commits , participates in, abets or propagates ragging within or outside any educational institution shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to ten thousand rupees .

Dismissal of student.

5.Personwho is convicted under Section 4, is a student, he shall be dismissed from the educational institution and such student shall not be admitted in any other educational institution for a period of five years from the date of order of such dismissal .

6. (1) Whenever any student or, as the case may be, the parent or guardian, or a teacher of an educational institution complaints, in writing of regging to the head of the educational institution, the head of the educational institution shall without prejudice to the foregoing provisions, within seven days of the receipt of the complaint inquire in to the matter mentioned in the complaint and if, prima facie, it is found true, suspend the student who is accused of the offence, and shall , immediately forward the complaint to the police- Station having jurisdiction over the area in which the educational institution is situated, for further action.

(2)Where, on enquiry by the head of the educational institution, It is proved that there is no substance , prima-facie, in the complaint received under sub - section (1), he shall intimate the fact, in writing, to the complainant.

(3) The decision of the head of the educational institution that the student has indulged inragging under sub - section (1 ) , shall be final .

Deemed abetment.

7. Ifthe head of the educational institution fails or neglects to take action in thematter specified in section 6 when a complaint of ragging is made , such person shall be deemed to have abetted the offence of ragging and shall, on conviction, be published as per the provisions of section 4.-

8. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act .

Powerto make rules.

INDEX 5-3 GUJARAT GOVERNMENT GAZETTE , EX. , 24-2-2000

PART -V]

(2) Rules made under this Section shall be laid before the State Legislature for a period of thirty days as soon as possible after they are made and shall be subject to such modifications or recission as the State Legislature may make during the session in which they are so laid or the session immediately following.

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

Ahmedabad .

DR. MAYABEN KODNANI,

Dated the 4th January, 2000.

M. L. A.

INDEX [PART -V GUJARAT GOVERNMENT GAZETTE , EX . , 24-2-2000

5-4

STATEMENT OF OBJECTS AND REASONS.

In recent year there has been a significant increase in the complaints ofragging ineducational institutions . Ragging is a stigma on the educational institutions and it should be nipped in bud. Ragging causes physical or psychological harm or raise fear or shame to a student in any educational institution. It is, therefore expendient inthe educational institutions interest to device Legislative measure.

Hense thisBill.

DR. MAYABEN KODNANI, Ahmedabad.

M. L. A.

Dated the 4th January, 2000.

INDEX PART- V] GUJARAT GOVERNMENT GAZETTE , EX. , 24-2-2000

5-5

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub clause (3) ofclause ( 1) empowers the State Government to specify the date on which the Act shall come into force.

Sub clause (1) of clause (8) empowers the State Government to make rules to carry out the purposes oftheAct.

The delegation of Legislative powers as aforesaid is essential and ofnormal character.

Ahmedabad.

DR. MAYABEN KODNANI, M. L. A.

Dated the 4th January, 2000 .

K. M. PANCHAL ,

Gandhinagar, Dated the 24th February, 2000.

Secretary, Gujarat Legislative Assembly.

V- Ex-5-2

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , MARCH 2 , 2000 / PHALGUNA 12 , 1921

VOL . XLI ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the tranlsation to be published in the Gujarat Government Gazette. The date of publication to be reported. )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127.A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT WATER AND GAS PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) BILL , 2000 ..

GUJARAT BILL NO . 6 OF 2000 .

A BILL

to provide for the acquisition of right ofuser in landfor laying water pipelines and gas pipelines in the State of Gujarat and for the matters connected therewith .

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

1. (1) This Act may be called the Gujarat Water and Gas Pipelines (Acquisition ofRight of User in Land) Act, 2000.

Short title, extent and commencement.

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

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

Definitions .

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

(a) " competent authority " means any person or authority authorised by the State Government by notification in the Official Gazette, to perform the functions of the competent authority under this Act ; ;

6-1.

V- Ex.6-1

INDEX [ PART V GUJARAT GOVERNMENT . GAZETTE , EX . 2-3-2000

6-2

(b) "corporation" means any body corporate established under any Gujarat Act and includes

(i) aCompany formed and registered under the Companies Act, 1956; 1 of 1956. and

(ii ) a Company formed and registered under any law relating to companies formerly in force in any part ofIndia;

(d) "prescribed" means prescribed by rules made under this Act..

notification for acquisition. Publication of. 3.. ( 1 ) Whenever it appears to the State Government that it is necessary in the public interest that for the transport of water or, as the case may be, gas from one area to another area, pipelines may be laid by the State Government, or, the Corporation and that for the purpose of laying such pipelines, it is necessary to acquire the right ofuser in any land under which such pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user therein.

(2) Every notification under sub - section (1 ) shall give a brief description of the land.

(3) The competent authority shall cause the substance ofthe notification to be published at such places and in such manner as may be prescribed.

Hearingof objections .

4. (1.) Any person interested in the land may, within thirty days from the date of the publication of notification under sub -section (1 ) of section 3, object to the laying of the pipelines under the larid .

(2) Every objection shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any , as that authority thinks necessary, by order either allow or disallow the objections . :

final. (3). Any order made by the competent authority under sub - section (2) shall be

5. On the issue of a notification under sub - section ( 1) of section 3 , it shall be lawful Powerto enter, survey, etc.

for any person authorised by the State Government or , as the case may be , the.. Corporationwhich proposes to lay pipelines for transporting water or, as the case may be, gas and its servants and workmen-

(a) to enter upon and survey and take levels of any land specified in the notification; :

(b) to dig or bore into the sub-soil ;

(d) to mark such levels, boundaries and line by placing marks and cutting trenches;

(e) where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop , fence or jungle; and

(f) to do all other acts necessary to ascertain whether pipelines can be laid under the land:.

Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause a little damage or injury as possible to such land..

Declaration of acquisition of right ofuser.

6. ( 1 ) Where no objection under sub- section ( 1 ) of section 4 has been made to the competent authority within the period specified therein or where the competent authority hasdisallowed the objections under sub - section (2) of that section , that authority shall , as soon as may be, submit a report accordingly to the State Government and upon

INDEX PART VI

6-3 GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

receipt ofsuch report, the State Government shall deciare, by notification in the Official Gazette, that the right of user in the land for laying the pipelines shall be acquired.

(2) On the publication of the declaration under sub - section (1 ), the right ofuser in the land shall vest absolutely in the State Government free from all encumbrances .

(3.) Where in respect of any land , a notification has been issued under sub- section (1) of section 3 , but no declaration under this section has been published within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of the said period.

(4) Notwithstanding anything contained in sub- section (2), the State Government may, on such terms and conditions as it may think fit, to impose , direct by order in writing that the right of user in the land for laying the pipelines shall , instead ofvesting inthe State Government, vest, either on the date ofpublication of the declaration or, on such other date as may be specified in the order , in the Corporation proposing to lay the pipelines and thereupon the right of such user in the land shall , subject to the terms and conditions so imposed, vest in that Corporation free from all encumbrances .

Laying ci pipelines.

7. (1) Where the right ofuser in any land has vested in the State Government or , as the case may be, the Corporation under section 6-

(i) it shall be lawful for any person authorised by the State Government or, as the case may be, the Corporation , and its servants and workmen to enter upon the land and lay pipelines or to do any other thing necessary for the laying ofpipelines:

Provided that no pipeline shall be laid under -

(a) any land which , immediately before the date of the publication of notification under sub- section ( 1 ) of section 3 , was used for residential purposes; or

(b) any land on which there stands any permanent structure which was in existence immediately before the said date ; or

(d) any land at adepth which is less than one metre from the surface ; and

( ii) such land shall be used only for laying the pipelines and for maintaining , examining, repairing, altering or removing any such pipelines or for doing any other thing necessary for any of the aforesaid purposes or for the utilisation of such pipelines .

(2) If any dispute arises with regard to any matter referred to in paragraph (b) or(c) ofthe proviso to clause ( i) of sub-section ( 1 ) , the dispute shall be referred to the competent authority whose decision thereon shall be final...

Power to c land for. inspection, etc. 8. For maintaining , examining, repairing , altering or removing any pipeline , or for doing any other thing necessary for the utilisation of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes , any person authorised in this behalf by the State Government or as the case may be, the Corporation may, after giving reasonable notice to the occupier of the land under which the pipeline has been laid, enter therein with such workmen and assistants as may be necessary:

Provided that, where such person is satisfied that an emergency exists , no such notice shall be necessary:

Provided further that , while exercising any powers under this section, such person or any workmen or assistants of such person, shall cause as little damage or injury as possible to such land.

Restriction regarding t useofland.

9. ( 1 ) The owner or occupier of the land with respect to which a declaration has been made under sub - section ( 1) of section 6, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub -section (1 ) ofsection 3 :

INDEX [PART V 6-4

GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

Provided that such owner or occupier shall not after the declaration under sub- section ( 1 ) of section 6-

(i) construct any building or any other structure ;

(ii) construct or excavate any tank, well , reservoir or dam; or

(iii) plant any tree ,

on that land.

(2) The owner or occupier of the land under which any pipeline has been laid shall not do any thing or permit any thing to be done which will or is likely to cause any damage in any manner whatsoever, to the pipeline .

(3) Where the owner or occupier ofthe land with respect to which a declaration has beenmade under sub - section ( 1 ) of section 6 ,-

(a) constructs any building or any other structure , or

constructs or excavates any well , tank, reservoir or dam, or (b)

on that land, the Collector within the local limits of whose jurisdiction such land is situate may , on an application made to it by the competent authority and after holding such inquiry , as it may deem fit, cause the building, structure, reservoir , dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier .

Compensation . 10. ( 1) Where in the exercise of the powers conferred by section 5, 7 or 8 by any person, any damage , loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or, is being , or has been laid, the State Government or, as the case may be, the Corporation shall be liable to pay compensation to such person for such damage , loss or injury, the amount of which shall be determined by the competent authority in the first instance.

(2) Ifthe amount of compensation, determined by the competent authority under sub-section ( 1 ) is not acceptable to either of the parties , the amount of compensation shall , on application by either of the parties to the Collector within the limits ofwhose jurisdiction the land or any part thereof is situated , be determined by that Collector.

(3) The competent authority or as the case may be, the Collector while determining the compensation under sub - section ( 1 ) or , as the case may be, sub- section (2) , shall have due regard to the damage or loss sustained by any person interested in the land by reason of-

(i) the removal of trees or standing crops , ifany, on the land while exercising the powers under section 5, 7 or , as the case may be , section 8;

(ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person ; or

(iii) any injury to any other property whether movable or immovable , or the earnings of such persons caused in any other manner :

Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the publication of the notification under sub -section (1 ) of section 3 .

(4) Where the right of user of any land has vested in the State Government or , as the case may be, the Corporation it shall, in addition to the compensation , if any, payable under sub- section ( 1 ) , be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent . of the market value of that land on the date of the publication of the notification under sub -section (1 ) of section 3 .

(5) The market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties , it shall , on application by either of the parties to the Collector referred to in sub -section (2) , be determined by that Colis

INDEX 6-5 PART V ] GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

(6). The decision of the Collector under sub -section (2) or (5) shall be final .

Deposit and payment of compensation.

11. (1) The amount of compensation determined under section 10 shall be deposited by the State Government or , as the case may be, the Corporation, with the competent authority within such time and in such manner as may be prescribed.

(2) If the amount of compensation is not deposited within the time prescribed under sub - section ( 1 ), the State Government or, as the case may be, the Corporation , shall be liable to pay interest thereon at the rate of nine per cent . if the amount of compensation isdeposited within one year after the period prescribed under sub -section (1) and at the rate of fifteen per cent. if the amount of compensation is deposited after the expiry of the said one year .

(3) As soon as may be after the compensation has been deposited under sub- section (1) , the competent authority shall, on behalf of the State Government or, as the case may be, the Corporation pay the compensation to the persons entitled thereto .

(4) Where several persons claim to be interested in the amount of compensation deposited under sub- section ( 1), the competent authority shall determine the persons who in its opinion are entitled to receive the compensation and the amount payable to each of them.

(5) If any dispute arises as to the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the Collector within the limits ofwhose jurisdiction the land or any part thereof is situated and the decision of the Collector thereon shall be final ,

5of1908.

Protection of action taken ingood faith..

12. The Collector and the competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure , 1908 in respect of the following matters , namely: -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record from any court or office;

(e) issuing commission for examination of witnesses .

13. ( 1 ) No suit, prosecution or other legal proceeding shall lie against any person for . anything which is in good faith done of intended to be done in pursuance ofthis Act or any rules or notification made or issued thereunder .

Collector and competent authority to havecertain powers ofcivil court.

(2) No suit or other legal proceeding shall lie against the State Government, Corporation or, as the case may be , the competent authority for any damage , loss or injury caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rules or notification made or issued thereunder.

Bar of jurisdiction of civil court.

14. No civil court shall have jurisdiction in respect ofany matter which the Collector or,as the case may be, the competent authority is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect ofany action taken or proposed to be taken in pursuance of any power conferred by or under this Act .

Penalty.

15. ( 1 ) Whoever wilfully obstructs any person in doing any of the acts authorised under section 5, 7 or as the case may be, section 8 or wilfully fills up, destroys , damages or displaces any trench or mark made under section 5 or wilfully does anything prohibited under the proviso to sub - section ( 1 ) of section 9, shall be punishable with imprisonment which may extend to six months or fine or both .

(2) Whoever wilfully removes , displaces, damages or destroys any pipelinė laid under section 7, shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine.

V- EX- 6-2

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

6-6

2of1974.

Certain offences to be cognizable.

16. Notwithstanding anything contained in the Code of Criminal Procedure , 1973, an offence falling under sub -section (2) of section 15 shall be deemed to be cognizable within the meaning of that Code.

Power to make rules .

17. (1 ) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of thisAct.

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

(a) the places at which and the manner in which the substance ofthe notification may be published under sub-section (3) of section 3;

(b) the time within which and the manner in which the amount of compensation shall be deposited under sub-section ( 1 ) of section 1-1 ..

(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 modifications 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.

Application of other laws noi barred.

18. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force relating to the acquisition of land.

INDEX 6-7 .

PART VJ

GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

STATEMENT OF OBJECTS AND REASONS

The State Government has undertaken the implementation of water supply projects in the State, the major one of which is Sardar Sarovar Canal Based Drinking Water Supply Project which itself will require laying of about 2700 Kms . ofpipelines for transport ofwater from one place to another .

Gujarat Infrastructtire Development Board has given locational clearance to some LNG import terminals in the State and the proposed gas grid shall link these LNG terminals and other gas supply sources to various demand centres in the State. The gas grid project linking various supply points including LNG terminals with various gasdemand centres in and around Gujarat has been planned. The proposed gas grid is highpressure trunk pipeline system requiring laying of about 1500 kms of pipelines .

Although land can be acquired outright for laying such pipelines under the LandAcquisition Act, 1894, the procedure för such acquisition is long drawn and costly. Since the water and gas pipelines will be laid underground, outright acquisition ofland is not necessary. Therefore , in the case ofwater and gas pipelines , it is considered sufficient to acquire the mere right of user in the land for laying and maintainingthe pipelines . This Bill seeks to achieve the aforesaid objects .

The main features of the Bill are -

(i) No right of user in land can be acquired for the purpose of laying pipelines unless the State Government declares its intention by notification in the Official Gazette, and unless objections, if any, filed within thirty days of.. that notification are disposed of by the competent authority.

( ii) When final declaration about the acquisition is made, the right to use the land for the purpose of laying pipelines will vest in the State Government or, as the case may be , the Corporation but notwithstanding süch acquisition, the owner or occupier of the land shall be entitled to use the land for the purpose for which such land was put to use immediately before the declaration by the State Government . But after the date of acquisition, he shall not construct any building or any other structure or construct or excavate any tank, well, reservoir or dam or plant any tree on that land..

(iii) Compensation for the damage , loss or injury sustained by any person interested in the land shall be payable to such person. Besides this , compensation calculated at ten percent. of the market value of the land on the date of the preliminary notification is also payable to the owner and to any other person whose right ofenjoyment in the land has been affectedby reason of the acquisition. The compensation in both the cases is to be determined by the competent authority in the first instance and an appeal lies from the decision to the Collector.

The following notes on clauses explain, in brief, the important provisions ofthe Bill -

Clause 2. This clause defines certain terms used in the Bill.

Clause 3. This clause empowers the State Government by notification in the OfficialGazette, to declare its intention to acquire the right of user in the land where it. considers necessary for transport of water or gas from one area to another area to lay the pipeline in that land.

Clause 4. This clause provides that any person who object to the laying of pipeline under the land within thirty days from the date ofthe notification and empowers the competent authority after giving to object or of opportunity ofbeing heard to allow or disallow the objection.

: Clause 5. This clause empowers the State Government or the Corporation to enter upon and survey, to dig or bore into the sub soil, take levels and to set out the intended line of work etc. of any land in respect of which the notification has been issued.

INDEX [PART V 6-8

GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

Clause 6.This clause provides that the competent authority shall submit a report where the objections have not been made within the specified time to the State Government in and this clause further empowers the State Government by notification inthe Official Gazette, to declare that the right ofuser in the land for laying the pipelines shall be acquired and on publication of this notification, the right of user of land absolutely vests in the State Government or the Corporation free from all encumbrances .

Clause 7.-This clause empowers any person authorisedby the State Government or the Corporation and its servants and workmen to enter upon the land and to lay pipeline or to do any other things necessary for laying the pipelines . It also restricts theGovernment or the Corporation to lay pipelines under any land which was used for residential purposes before the date of publication of the notification , any land on which permanent structure was in existence previously, any land appurtenant to a dwelling house or any land at a depth which is less than one metre from the surface.

Clause 8.- This clause empowers the State Government or the Corporation with necessary workmen and assistance to enter the land after giving reasonable noticeto the occupier thereof for maintaining, examining, repairing altering or removing any pipeline.

Clause 9. -This clause entitles the owner or occupier of the land to use the land for the purpose for which it was put to use before the declaration has been made. It further restricts the owner or the occupier to construct any structure , excavate any tank, well, reservoir or dam, plant any tree on the land concerned. It also empowers the Collectorto remove the building , the structure , reservoir , dam or tree on the application made by the competent authority where the occupier constructs such structure or building.

Clause 10. This clause makes liable to the State Government or the Corporation to pay compensation to the person to whom the damage , loss or injury has been done while laying the pipelines . It empowers the Collector to determine the amount of compensation where it is not acceptable to either of the party. It also provides for certain factors which the Collector while determining the amount of compensation shall have due regard.

Clause 11.-This clause provides that the State Government or the Corporation shall deposit the amount of compensation with the competent authority within such time and in such manner as may be prescribed.

Clause 12.This clause provides that the Collector and the competent authority shallhave the powers ofcivil court while trying a suit under the Code ofCivil Procedure inrespect ofthe matters specified therein.

Clause 13.-This clause provides for usual indemnity for acts done in good faith.

Clause 14.This clause provides for bar of jurisdiction of any civil court.

Clause 15. This clause provides for penalty for contravention of the acts done byany person as specified therein.

Clause 16. -This clause provides for an offence falling under sub - clause (2 ) of clause 15 to be cognizable within the meaning of the Code of Criminal Procedure.

Clause 17. This clause empowers the State Government by notification in the Official Gazette, to make rules for carrying out the purposes ofthis clause . Sub-clause (2) ofthis clause specifies the matters which the rules may provide.

NAROTTAMBHAI PATEL

INDEX PART VI

GUJARAT GOVERNMENT GAZETTE , EX.2-3-2000

6-9

FINANCIAL MEMORANDUM

Clause 10 of the Bill , if enacted and brought into force, would involve expenditure from the Consolidated Fund of the State on account of payment of any damage , loss or injury sustained by any person interested in the land on account of laying of pipelines by the State Government . The State Government would also be liabletopay compensation at the rate of ten percent, ofthe market value of the land, to the owner or any other person whose right of enjoyment in that land has been affected. The expenditure would be of a recurring nature but it is not feasible to estimate the same.

NAROTTAMBHAI PATEL

MEMORANDUM REGARDING DELEGATED LEGISLATION

ThisBill involves delegation of legislative powers in the following respects , namely:-

Clause 3.- (i) Sub-clause ( 1) of this clause empowers the State Government to declarebynotification in the Official Gazette , its intention to acquire the right ofa user inland.

(ii) Sub -clause (3) of this clause empowers the State Government to prescribeby rules the places at which and the manner in which the competent authority shall cause the substance of the notification published.

Clause 6.- (i) Sub-clause ( 1) of this clause empowers the State Government to declareby notification in the Official Gazette, that the right of user in land for laying pipelines shall be acquired.

(ii) Sub -clause (4) of this clause empowers the State Government to direct by an order in writing that the right of user in the land for laying the pipelines shall vest in the Corporation proposing to lay the pipelines .

Clause 11.-This clause empowers the State Government to prescribe by rules the time within which and the manner in which the amount of compensation determined under section 10 snail be deposited by the State Government or the Corporation with the competent authority.

Clause 17. This clause empowers the State Government to make rules by notification in the Official Gazette, generally for carrying out the purposes of theAct andparticularly for all or any of the matters specified in sub -clause (2) thereof.

Thedelegation of lagislative powers as aforesaid is necessary and is of a normal charecter.

NADOTTAMBHAI PATEL

Gandhinagar,

Dated the 2nd March, 2000 .

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

KUM. H. K. JHAVERI,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department, Gandhinagar , dated the 2nd March , 2000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

V- EX6-3.

INDEX Extra No. 7

REGISTERED NO. G/GNI/2

सत्यमेवजयतें

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL .. XLI ] FRIDAY , MARCH 3 , 2000/ PHALGUNA 13 , 1921

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the tranlsation to be published in the Gujarat Government Gazette. The date of publication to be reported. )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT (SUPPLEMENTARY) APPROPRIATION

BILL, 2000 .

GUJARAT BILL NO . 7 OF 2000 .

ABILL

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

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

1. This Act may be called the Gujarat (Supplementary) Appropriation Short title . Act, 2000.

Rs.24,18,60,16,000 from and out of the Consolidated Fund ofthe State of Gujarat for the 1999-2000. financial year 2. From and out of the Consolidated Fund of the State of Gujarat , there. Issue of 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 four hundred eighteen crores, sixty lakhs , sixteen 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, 2000, in respect of the services and purposes specified in column 2 of the Schedule .

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

7-1

Ex.7-1.

V-

INDEX [PART V

GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000

7-2

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Total Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1,000

Revenue

1,000

Agriculture and Co-operation Department

58,83,95,000

2,54,000

58,81,41,000

Revenue

Agriculture

41,000

Revenue

Minor Irrigation, Soil Conservation and Area Development

6,96,40,000

2,30,000

Revenue 6,94,10,000

1,54,00,000

Capital

Animal Husbandry and Dairy Development

1,34,57,000

Revenue 1,34,57,000

Co-operation

10,05,81,000

Capital

37,69,000

Revenue

37,69,000

Education Department

4,67,63,62,000

8,59,57,000

4,59,04,05,000

Revenue

Education

45,000

Revenue

45,000

Other Expenditure pertaining to Education Department

28,85,000 ,

Revenue

28,85,000

10.

Energy and Petro- Chemicals Department

Revenue

12.

50,00,00,000

EnergyProjects

Revenue

13 .

OtherExpenditure pertaining to Energy and Petro -Chemicals Department

1,000

Revenue

1,000

14.

Finance Department

9,15,27,000

Revenue

15.

9,15,27,000

Tax Collection Charges (Finance Department)

4,66,43,000

4,000,

Revenue 4,66,39,000

16.

Treasury andAccounts Administration

INDEX 7-3

GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000

PART V ]

Sums not exceeding

Total Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

4,00,00,00,000

Revenue

17.

Pensions and Other Retirement Benefits

Revenue

2,000

18.

82,00,000

82,00,000.

Capital

OtherExpenditure pertaining to Finance Department

16,74,49,000

Revenue

19.

6,98,79,81,000 .

6,98,79,81,000

Capital

Repayment of Den pertaining to Finance Department and its servicing

5,12,000

Revenue

5,12,000

20.

Food, Civil Supplies and Consumer Affairs Department

46,75,24,000

Revenue 46,75,24,000

21.

Civil Supplies

2,000

Revenue

22.        Food                                        6,49,000                            6,51,000
24.        Forests and Environment       Revenue      36,60,000                           36,60,000
          Department

7,00,91,000

Revenue

1,06,04,000

5,94,87,000

Forests

25.

1,39,60,000

Capital 1,39,60,000

1,57,000

Revenue

28.

Governor

47,50,000

Revenue

47,50,000

29.

Council of Ministers

48,60,43,000

Revenue

30.

Elections

48,60,43,000

Revenue

42,10,000

42,10,000 31 .

Public Service Commission

3,01,57,000 32.

3,01,57,000

Revenue

General Administration Department

1,20,000

40,63,000

Revenue

39,43,000

34..

5,26,54,000

Capital

OtherExpenditure pertaining to General Administration Department

1,000

Revenue

35.

1,000

State Legislature

1,20,91,000

Revenue

1,20,91,000

37.

Health and Family Welfare Department

INDEX 7-4

[ PART V GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000,

Sums not exceeding

Total

Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

77,000 37,73,01,000

37,72,24,000

Revenue

Medical and Public Health

38 .

3,62,000

52,000

3,10,000

Revenue

40.

OtherExpenditure pertaining toHealth and Family Welfare Department

71,35,000

Revenue 71,35,000

41.

HomeDepartment

43,71,57,000

14,90,000

Revenue 43,56,67,000

Police

42:

3,000 6,00,95,000

Revenue 6,00,92,000

44.

Transport

2,000

Revenue

46.

70,63,000

Capital.

Other Expenditure pertaining toHome Department

44,96,000

Revenue 44,96,000

47.

Industries and Mines Department

1,53,51,000

Revenue 1,53,51,000,

48.

Stationery and Printing

15,01,000

Revenue 15,01,000

Industries

49.

Revenue

Tourism

51.

10,00,24,000

Revenue 10,00,24,000

52..

OtherExpenditure pertaining to Industries and Mines Department

10,05,000

Revenue 10,05,000

53.

Information and Broadcasting Department

42,21,000

Revenue. 42,21,000

55. Other Expenditurepertaining to Information and Broadcasting Department

7,80,000

Revenue

56.

Labour and Employment Department

1,66,58,000

Revenue 1,66,58,000

57.

Labour and Employment

INDEX PART VI

7-5 GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

59.

1,000

Revenue

Legal Department

Capital

60.

Administration of Justice

1.86.29.000

5,000

Revenue

1,86,34,000

61.

Revenue

22,78,000

OtherExpenditure pertaining to Legal Department

64.

Revenue

92,05,000

Narmada,Water Resources and Water Supply Department

16,78,67,000

3,48,000

16,75,19,000

66.

Revenue

3,51,09,000 7,81,10,000

4,30,01,000

Irrigationand Soil Conservation

Capital

67.

7,39,30,000

7,39,30,000.

Revenue

Water Supply

32,50,00,000

Capital 32,50,00,000

68.

5,54,06,000 5,54,06,000

Revenue

OtherExpenditure pertaining to Narmada, Water Resources and Water Supply Department

Revenue.

69.

-13,65,000

13,65,000

Panchayats , Rural Housing and Rural Development Department

71.

Revenue

75,69,000

53,58,000.

22,11,000

Capital

Rural Housing and Rural Development.

73.

32,09,85,000

Revenue

OtherExpenditure pertaining to Panchayats, Rural Housing and Rural Development Department

Revenue

74.

1,000 Fisheries

1,000

75.

Revenue

1,71,000

OtherExpenditure pertaining to Ports and Fisheries Department

Revenue.

65,65,000

76.

Revenue Department

Revenue

77.1

38,00,000

Tax Collection Charges (Revenue Department)

V Ex 7-2

INDEX [ PART V

GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000

7-6

Sums not exceeding

Total

Services and purposes

Voted

No. of Vote/ Appro- priation

Charged onthe Consolidated Fund

35,63,000

Revenue

District Administration

78.

1,72,19,71,000

Revenue 1,72,19,71,000

79.

Relief on account of Natural Calamities

52,82,000

Revenue

52,82,000

80.

DangDistrict

3,10,75,000

60,75,000

Revenue .2,50,00,000

81.

Compensation and Assignment

42,25,000

Revenue 42,25,000

82..

4,97,000

Capital

OtherExpenditure pertaining to Revenue Department

29,00,000

Revenue

29,00,000

83 .

Roads and Buildings Department

6,25,000 *15,42,80,000

15,36,55,000

Revenue

84.

Non-Residential Buildings

2,000.

2,000

Capital

1,32,04,000

Revenue

19,000

1,31,85,000

85.

Residential Buildings

6,01,21,000

Capital

23,93,09,000

79,56,000

Revenue

86..

23,13,53,000

Roads andBridges

1,61,47,000 53,21,91,000

51,60,44,000

Capital

22,07,000

2,07,000

87.

Capital

Gujarat Capital Construction Scheme

3,74,33,000

Revenue

2,80,18,000

94,15,000

88.

OtherExpenditure pertaining to Roads and Buildings Department

12,70,000 89.

12,70,000

Revenue

Social Justice and Empowerment Department

1,000

Revenue

90.

1,000

Social Security and Welfare

76,000

Capital

93.

Revenue

1,10,20,000

16,70,000

Special Component Plan for Scheduled Castes

Capital

INDEX PART V ]

7-7-

GUJARAT GOVERNMENT GAZETTE , EX . 3-3-2000

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged onthe Consolidated Fund

Revenue

94.

Tribal Area Sub-Plan

4,41,15,000

24,55,000 4,65,70,000

2,000

17,89,000

17,87,000

Capital

Revenue

96.

2,25,32,000

2,25,32,000 Youth Services and Cultural Activities

98.

Revenue

3,31,000

3,31,000 Urban Developmen and Urban Housing Department

99 .

Revenue

4,77,00,000 UrbanHousing

4,67,00,000

49,31,00,000

Capital

100.

Revenue

19,11,22,000

Urban Development

1,34,27,000-

1,34,27,000

Capital

102.

Revenue

-81,07,000

81,07,000

Other Expenditure pertaining toUrban Development and Urban HousingDepartment

Revenue :

Total:

15,04,14,36,000

43,90,51,000 15,48,04,87,000

8,70,55,29,000

Capital : 1,66,42,98,000 7,04,12,31,000

GrandTotal:

16,70,57,34,000

24,18,60,16,000

7,48,02,82,000

INDEX PART V 7-8

GUJARAT, GOVERNMENT GAZETTE , EX . 3-3-2000

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance of article 204 of the Constitution of India read with article 205 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expenditure on certain services and purposes in relation to the financial year ending on the thirty- first day of March, 2000.

Rs.

The amounts are shown below: -

15,48,04,87,000 (4) Revenue Expenditure

8,70,55,29,000 (b) Capital Expenditure

24,18,60,16000 Total:

Gandhinagar,

VAJUBHAI VALA Dated the 3rd March , 2000 .

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

KUM, H. K. JHAVERI,

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

Gandhinagar , dated the 3rd March , 2000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/ GNR/2 Extra No.8

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

THURSDAY , MARCH 9 , 2000/ PHALGUNA. 19 , 1921

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 9th March , 2000 by Shri Usmangani Dewadiwala is published under rule 127 --Aof the Gujarat Legislative Assembly Rules for general information.

GUJARAT BILL NO.8 OF 2000

THE GUJARAT PUBLIC ENTERPRISES SERVICE COMMISSION

BILL, 2000.

4 BILL

to provide for the constitution of a commission for the selection of staff for appointment to posts in public enterprises and for matters conncted therewith and incidental thereto.

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

1. (1) This Act may be called the Gujarat Public Enterprises Service Commission Act, 2000 .

Short title and Commenc- ement.

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

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

Defini- tions .

(a) "Chairman" means the Chairman of the Commission .

(6) "Commission " means the Gujarat Public Enterprises Service Commission consti- tuted under sub- section ( 1) of section -3 ; :

(d) "Notification " means notification published in the Official Gazette and the word "notified " shell be construid accordingly;

(e) "prescribed" means prescribed by. was made under this Act;.

(f) "Public enterprise " means a public enterprise of the State of Gujarat whether created by law or registered under any law for the time being in force...

8-1

Ex.8-1

INDEX [ PART V

9-3-2000

GUJARAT GOVERNMENT GAZETTE , EX .

8-2

3. (1) The State Government may, by notification, constitute a Commission by the name of the Gujarat Public Enterprises Service Commission .

(2) The Commission shall be a body corporate having perpetual succession and a common seal , shall sue and shall be sued by the said corporate name.

(3) The Headquarters of the Commission shall be located at such place as may be prescribed by the Government .

Constitu tion of the Gujarat Public Enter- prises Service Commi- ssion .

4. (1) The Commission shall consist of not less than three and not more than nine members of whom one shall be the Chairman ,to be appointed by the State Government. Constitu- tior of the Co mmission . (2) The Chairman and Members shall be persons who, in the opinior of the Govern- ment are man of ability, integrity and under standing and have special knowledge of or practical experience in the public administration or personel management or indus- " trial management .

5. (1 ) The Chairman or any other member of the Commission shall hold office for a term of three years from the date on which he enters upon his office:

Provided that a person who has held office as Chairman or other member shall , on the expiration of his term of office , be eligible for appointment for another term of three years only:

Terms and condi- tions of service of Chair- man and members .

Provided further that no person who has attained the age of sixty two years' shall be eligible to hold office in any capacity, whether as Chairman or other member.

(2) If the office of the Chairman or any other member becomes vacant by resignation or otherwise or if the Chairman is by reason of absence or for any other reason unable to perform the duties of his office , those duties shall untill some person is appointed to the vacant office, or, as the case may be, until the Chairman has assumed his duties, be performed by such one of the other members as the Governmert may appoint for the purpose.

(3) The Chairman or any other member may resign his office, by writing under his hand , addressed to the Government but he shall continue in office , until his resignation is accepted by the Government . :

(4) The salary of the Chairman and other members shall be such as may be pre- scribed by the Government and the other terms and conditions of service shall be such as may be prescribed.

6. The Government may, after making an inquiry in such manner as may be pre- scribed, remove the Chairman or any other member from his office on any one of the following grounds :-

Removal of Chair man or niembersz

(a) misconduct involving moral turpitude ;

(6) insolvency;

() infirmity of mind or body or

(d) engages during his term of office in any paid employment outside the duties of hisoffice. :

7. (1 ) The Staff of the Commission shall consist of :

Staffof the:Co- mmission.

(a) Secretary, who shall be appointed by the Government ; and.

(6) Such other employees as the Commission may, with the previous approval of the Government, appoint from time to time..

INDEX 8-3 PART V ] GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

(2) The salary of the Secretary and other employees of the Commissior shall be such as may be prescribed .

(3) The other terms and conditions of service of the Secretary and employees of the Commission shall be such as may be prescribed .

8. ( 1) Notwithstanding anything contained in any other law for the time be- ingin force or in any contract , oustom or usage to the contrary, it shall be the duty of the Commission to select persons for appointment to the posts in the public enterprises .

Functions of the Commi- ssioń .

(2) It shall be the duty of the Commission to advise the public enterprises such matters as may be referred to it . on

are 9. It shall be the duty of every public enterprise to communicate to the Commission the vacancies existing at the commencement of this Act and estimated total number of vacancies in the public enterprises and such communication shall be sent in respect of all such existing and estimated total number of various vacancies and which likely to occur during the unexpired portion of the year, within one month after such commencement and in respeet of all vacancies such as are likely to occur during each subsequent year within one month after the commencement of such year .

Duty of Public. Enterpri-: ses to the Communi- cate to Commi- ssion.

10. ( 1) The mmner of selection of the persons for the appointment to the public enterprise shall be such as may be provided for by regulations .

Manner ofSelec tion of

(2) The procedure for the conduct of business of the Commission shall be such as may be provided for by regulations .

persons and pro cedure for the > conduct of the business ofthe Commi- ssion.

11. It shall be the duty of the Commission to make recommendations to each of the public enterprises in such manner as may be specified by regulations for appoint- . ments to fill the vacancies , communicated to it by such public enterprises .

Duty of Commi- sion to make recomme- ndations .

12. ( 1) Appointments to all the vacancies required to be communicated to the Commission under section 9 shall, on or from such date as the Commission, may notify in respect of each public enterprises be made by such public enterprise only on the recommendations of the Commission.

Commu nicated vacancies tobe filed only on the recomme- ndation ofCo- mmission.

(2) If in any year , the Commission is unable to make recommendations for appoint- ment to all the vacancies communicated to it by a public enterprise under section. 9, or if the public enterprise is unable in any yearto make appointments on the basties of the recommendations made by the Commission, the vacancies may be carried for- ward to the subsequent year .

in 13. Notwithstanding anything contained in any other law for the time being force, or in any contract , custom of usage to the contrary , appointments to the posts in public enterprises shall be made on the recommendations of the Commi- ssion.

Effect of recomme- ndation of the Commi- -ssion ...

INDEX

[ PART V
9-3-2000
8-4 GUJARAT GOVERNMENT GAZETTE , EX .
Powerto 14. The Commission may, call for any record , report or any other infomration
call for from any public enterprises if in its opinion , such record , report or other infor-
record. mation is necessary for the efficient discharge of its functions, and the public
enterprise shall furnish such record , report or other information to the Conmmission .
Obliga- 15. The Chairman and members and the Secretary and other employees of the
tions as Commission. shall maintain strictest secrecy regarding the affairs of the Commission
Secrecy. and shall not divulge, directly or indirectly any information of a confidential nature
to members of the public unless compelled to do so by any judicial or other authority
or unless instructed to do so by superior officer in the discharge of his duties .
Chairman, 16. The Chairman, members , the Secretary and other employees of Commission
members deemed to be public servants within the meaning of section 21 of the Indian Penal Code. appointed under this Act , shall while acting or purporating to act under this Act be
etc. to be
public
servants
under Act
XLV of
1860 .
Procee- med to be invalid by reasons or on the ground that the Chairman of the Commission 17. No act or proceeding of the Commission or any of its committees shall be dee-
dings not oranymember of the Commission. or committee, as the case may be, was not entitled
to be to hold or continue in such office , or by reason of such act or proceeding having been
invalida- done of conducted during the period of any vacancy in office of the Chairman of the
ted by Commission or any of the members of the Commission or committee; as the case
reasons
of vacan may be .
cies etc.
in the
commi-
ssion or
its co-
mmittees .
Protection 18. No suit , prosecution or other legal proceedings shall lie against any person for
of action anything , which is in good faith done of intended to be done under this Act.
taken in
goodfaith.
Power of 19. (1) The State Government may, by notification in the Official Gazette , make
State rules for carrying out the purposes of this Act .
Govern-
-ment to (2) The power to make rules conferred by this section shall be subject to, the
make condition of the rules being made after previous publication .
Rules .
before the State Legislature as soon as possible after they are made , and shall be (3) All rules made under this section shall be laid for not less than thirty days
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.
lished in the Official Gazztte and shall thereupon take effect.. (4) Any rescission or modification so made by the State Legislature shall be pub- :
Power of 20. (1 ) The Commission may, by potification in the Official Gazette, make regu-
Commi- Intions with the previous approval of the State Government for carrying out the
ssjon purposes of this Act .
to make
Regula- (2) In particular and without prejudice to the generality of the foregoing power,
tiens. such regulations may provide for all or any of the following matters, namely:

INDEX 8-5 PART VI GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

(a) the terms and conditions of services of the employees of the Commission under sub-section (3) of section 7.

(b) the manner of selection of personspersons for appointment to the posts in the public enterprise under sub-section (1) of section 10;

(d) the income and expenditure , budget accounts and audit and annual report of the Commission .

USMANGANI DEVADIWALA,

M. L. Á.

Dated the 5th February 2000, Gandhinagar.

V-Ex-8-2

INDEX [ PART V 8-6

GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

STATEMENT OF OBJECTS AND REASONS

At present each public enterprise (ie Government Company Corporation etc. ) selects; its staff in its own ways . There are so many complaints regarding irregularities and malpractices in the Seletion of Staff. Some times, method of Selection of Staff is also not scientific . With a view, therefore to avoiding complaints regarding irregula rities and malpractices in the selection of the staff for the public enterprises it is con- sidered necessary to establish a Gujarat Public Enterpirses Service Commission. The following notes on clauses explain the important provisions of the Bill:-

Clause 3. This clause provides for the constitution of the Gujarat Public Enterpri- ses Service Commission, which shall be a body corporate baving perpetuer succession .

Clause 4. This clause provides for the Constitution of the Commissior with mem- bers not less than three and not more than nine.

Clause 5.- This clause provides for terms and conditions of the office of Chairman and Members .

Clause 6.- This clause provides for the removal of members on certain grounds .

Clause 8.- This clause provides for the functions of the Commission.

Clause 9.- This clause imposes the Duty on the Public Enterprise to Communicate the vacancies in the Püblic Enterprises to the Commission.

Clause 12. This clause provides that the vacancies in a public enterprise shall be filled only on the recommendation of the Commission,

Clause 16. This clause provides that the chairman, members and other staffs shall be public servants within the meaning of the Indian Penal Code.

Clause 18.- This Clause is indemnity clause.

Clause 19.- This clause provides for the powers of the State Government to make rules for carrying out the purposes of this Act .

Dated the 5th February, 2000 .

USMANGANI DEWADIWALA, Gandhinagar.

INDEX PART V ] GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

8-7

FINANCIAL MEMOR

Sub-Clause (4) of Clause 5 provides for the Salary. ditions of service of the Chairman and other members

vances, and other con- mmission,

Sub- Clause (2) and (3) of Clause 7 provides for the Sala conditions of services of the Secretary and other employees 02.

ther terms and mmission.

-These provisions is enacted and brought into operation would involve an estimated sannual expenditure of about rupees twenty lakhs from the Consolidated Fund of the State out of which about rupees ten lakhs would be of a recurring nature and about rupees ten lakhs would be of a non-recurring nature.

'Dated the 5th February, 2000.

USMANGANI DEWADIWALA, Gandhinagar.

M.L.A.

INDEX [PART V

9-3-2000.

8-8

GUJARAT GOVERNMENT GAZETTE , EX .

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 1. Sub clause (2) of this clause empowers the State Government to appoint the date from which the Act shall come into force.

Clause 3. Sub-clause (3) of this clause empowers the State Government to pres cribe the place at which the Headquarters of the Commission, shall be located.

Clause 5. Sub-clause (4) of this clause empowers the State Government to pres cribe the salary of the Chaimran and other members of the Cominission and the other terms and conditions of their service.

Clause. 6. This clause empowers the State Government to prescribe the manner in which the inquiry shall be made.

Clause 7.-( i) Sub-clause (2 ) of this clause empowers the State Government to pres cribe the salary of the Secretary and other employees of the Commission.

(ii) Sub -clause (3 ) of this clause 'empowers the State Government to prescribe the other terms and conditons of the service of Secretary and other employees of the Commission .

Olause 10: ( i) Sub -clause (1) of this clause empowers the Commission to provide by regulation the manner of slection of the persons for the appointment .

(ii) Sub-clause (2) of this clause empowers the Commission to provide by regulation the procedure for the conduct of its business .

Clause 11. This clause empowers the Commission to specify the manner by . regulations for making its recommendations to the public, enterprises.

Clause 19. This Clause empowers the State Government to make Rules for carrying out the purposes of this Act .

Clause 20. This Clause empowers the Commission to make regulations with the previous approval of the State Government.

Dated the 5th February, 2000 .

USMANGANI DEWADIWALA, M.L.A.

Gandhinagar.

Gandhinagar,

Dated the 9th March, 2000,

K. M. PANCHAL, Secretary, Gujarat Legislative Assembly.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR..

INDEX Extra No.9

REGISTERED NO . G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

THURSDAY , MARCH 9 , 2000 / PHALGUNA 19 , 1921

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

The flowing Bill which was introduced on the 9th March , 2000 by Dr. Mayahen Kodnani is published under 127A of the Gujarat Legislative Assembly Rules for general information.

GUJARAT BILL NO.9 OF 2000 .

THE GUJARAT PROHIBITION OF SMOKING AND SPITTING BILL , 2000 .

A BILL

to provide for prohibiting use of tobacco and spitting in places of public work or use and in public service vehicles in the State of Gujarat and to make provision for other matters connected therewith .

It is hereby enacted in the Fifty- first year of the Republic of India as follows:-

Short title.

1. (1) This Act maybe called the Gujarat Prohibition of Smoking and Spitting Bill, 2000.

extent and commence-

ment:

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

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

Definitions ..

In this Act, unless the context otherwise requires :---

02.

(a) "advertisement " means and includes, any notice, circular. wall-paper, pamphlets , display on hordings or any visible representation made by means ofof any light sound, smoke gas, writing instruments , stickers, symbol, colours, logo , trade mark/ symbol, display on articles like T- shirts , shoes, sports wear, sports , gears caps, carry bags, telephoone -boths , etc. , or any other means which has direct or indirect effect of promoting smoking and or tobacco chewing and the expression "advertise" shall be construed accordingly".

9-1

V- Ex . 9-1

INDEX [ PART V GUJARAT GOVERNMENT. GAZETTE , EX . 9-3-2000

9-2

(b) " authorised officer " means a person authorised under section 4 of this Act .

(c) "Chewing" means chewing of tobacco , gul (tobacco ), use of tobacco paste, supari with tobacco, pan masala , zarda , gutka and the like.

(d) Government means the State Government of Gujarat .

(e) "Official Gazette" means the Gujarat Government Gazette .

(f) "Place of public work or use " means a place delared as such under section 3 of this Act , and includes auditoria , cinema/conference/seminar halls , hospital buildings, health institutions, amusement centres , restaurants , eating houses, hotel lotunges , other waiting loudges , public offices, court buiildings, educational institutions , libraries, bus- stations, ferry boats , places of worship , beaches , sports stadiums and the like which are visited by the general public but does not include other open place;

59 of 1988 (g) "Public service vehicle" mears a vehicle as defined under the Motor vehicles Act 59 of 1988;

(h) "Smoking" means smoking of tobacco in any form, whetner in the form of cigarette, cigar, beedies, or otherwise with the aid of pipe , wrapper or any other instruments;

(i) "Spitting" mears voluntary ejection of saliva from the mouth after chewing or without chewingand ejection of mucus from the nose after inalingsnuffor without inhaling;

3. As soon as may be after the commencment of this Act and therafter from time to time, the Government may, by notification in the Official Gazette, declare anyplace to be a place of public work or use in Gujarat for the prupose of this Act. Declara- tion of places of public work or uses

4. (1 ) The Government may, by notification in the Official Gazette, authorise one or more persons who shall be competent to act under this Act .

(2) Every persons authorised under sub-section (1 ) shall be deemed to be a public ser- vant within the meaning of section 21 of the Indian Penal Code, 1860,

45 of 1860.

Power of Govern- ment to authorise officers to act under this Act ..

5. No person shall smoke or spit in any place of public work or use.

Prohibition of smoking and spitti- agin places ofpublic workor

59 of 1988.

6. Without prejudice to the provisions of the Motor Vehicles Act, 1988 no persor shall smoke or spit while travelling in or usesing a public service vehicle.

Prohibition of smoking and spitting in public service Vehicle.

INDEX 9-3 GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

       PARTV ]
         7. Notwithstanding anything contaired in any other law for the time being in force Prohibition
      no person shell'advertise or cause to advertise in any place and on any public service no of adver-
       vehicle any material which may directly or indirectly promote smoking of chewing of  tisement of
      tobacco products or products containing tobacco even if classified as by any other     smoking
                                                                                            and
      name.
                                                                                             chewing.
         8. No person shall sell cigarettes, beedies, chewing tobacco , gui (tobacco ), tobacco Prohibition
       paste, including tobacco based tooth paste, supari with tobacco, pan masala, zarda    of sale of
       spuff, gutkas, or any other such smoking and/or chewing substance containing nicotine cigarettes ,
                                                                                             eto. to
       and/ortobacco to aryperson whois below the age Twenty one years .                     minors.
         9. No person shall himself or by any person on his bekalf, store, sell or distribute Prohibition
       cigarettes, beedies , chewing tobacco, gul (tobacco ), tobacco paste, supari with tobacco , of storage,
       panmasala, zarda, ghutka, snuff or any other such smoking substance or substances      sale and
       containing tobacco within an area of 100 metres around a place of worship or any      tion of distribu-
       college, school or other educational institutions .                                    cigarettes
                                                                                             etc.
         10. The owner or manager or incharge of every place of public work or use shall      Display
       display and exhibit a board at a conspicous place or places in and outside the premises and
                                                                                              exhibition
       visited or used by the general public prominently. stating that the place is a "No     of board .
       Smoking and Spitting Zone" and that "Smoking Spittirg is an offence"..
         11. (1) Sections 5, 6, 9 or 10 shall be punishable with fine which may extend to     Any person
       one thousand rupees and in case of second or subsequent offence , shall be punishable  who con-
                                                                                              travenes
       with a minimum fine of two thousand rupees, which may extend to five thousand          theprovis-
       rupees .                                                                               ions ofPun.
         (2) Any person who contravences the provisions of sections 7 and 8 shall be puni-     ishime nt .
        shable with fine which may extend to one thousand rupees and in case of second or
        subsequent offerce, shall be punishable with impresonment which may extend to three
        morths, or with a minimum fine of five thousand rupees which may extend to ten
        thousard rupees , or with both.
          12. Any authorised officer or any police officer, not below the rank of a sub- inspec- Power to
        tor, may eject any person who contvenes any of the provisions of this Act, from the    eject
       place of public work or use, and any driver/ conductor of a public service vehicle may, violators .
        eject-any person who contravenes. any of the provisions of this Act in the public ser-
        vice vehicles , from the public service vehicle .
          13. (1) No court other than the court of a Judicial Magistrate First Class shall take Court
        cognizance of and try an offence under this act .                                      competent
                                                                                               to take
          (2) No court shall take cognizance of any offence except on a complaint in writing   cognizance
        of   an authorised officer or an authorised representative of a recognised non-Govt.   and try .
        organisation devoted to the cause or controlling tobacco use/spitting with respect to  offences.
        offences under sections 5, 6, and 9 on report in writing of a police officer not below
         the ranknk of sub-inspector , or an authorised representative of a recognised non -Govern-
        ment organisation devoted to the cause of controlling tobacco use/spitting with respect
        to the offence under section 7, 8, 9 and 10.
2 of     14. Notwithstanding anything contained in the Code of Criminal Prosedure , 1973 off-   Certain
         ences under sections 5, 6, 7, 8 and 9 of this Act shall be coganizable and bailable.   offences
1974.                                                                                           to be
                                                                                                cognizable
                                                                                                and-
                                                                                                bailable.

INDEX [ PART V

9-4

GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

Sof 1974.

15. All offences under this Act shall be tried summarily in the manner provided for the summary trial under the Code of Criminal Procedure, 1973.

Summary trial of offences.

Powerto delegate.

16. The Government may, by notification in the official gazette, direct that any power exercisable by it under this Act , may also be exercise ble by such officer and subject to such conditions, if any, as may be speèified therein.

Compo- sition of offences.

17. (1) The Government may, by notification in the Official Gazette, empower the authorised officer or a police officer not below the rank of a sub-inspector to com poundany offence committed under this Acton payment ofa sum not less than rupees one thousand which may extend upto rupees five thousand by way of composition for the offence which such person is suspected to have committed.

(2) On payment of such sum to such officer, the offender if in custody, shall be released and no further proceedings shall be taken against such offender .

INDEX S

9-5

9-3-2000

PART VJ GUJARAT GOVERNMENT. GAZETTE , EX .

STATEMENT OF OBJECTS AND REASONS

It is a very well known fact proved scientifically that a person who consumes tobacco in any of the forms mentioned above in the Bill is prone to suffer more from those deadly discases like cancers of oral cavity, lu gs and Gastro intestinal tract , than the persons pot consuming the tobacco. So it is true that the consumption of the tobacco in anyofthe forms is certainly injurious and hazardous to the health.

Smoking is not only dargerous to the consumer but is equally rather more harmful to the person living with the addict or to the other persons working along with the addict .

Spitting of the saliva and excretion of the nasal mucus here and there is very dan gerous and serious threat to the health ofthe public and the society,,asas it causes many bacterial and viral and other air -born diseases .

The poythene mater ials used for pack ing these tobacco products for the consumers.. increase in the solid waste and choking of the drainage systems . Smoke increases the air pollution .

Half of the earnings and the income is wasted in purchasing these costly products of the tobacco by the addicts and the consumers . Thereby leaving nothing for the expenses of the family, leading to poverty.

It is therefore essential to prohibit smoking and spitting in public places in the State of Gujarat in the general interest of the public at large .

Hence the Bill,

DR . MAYABEN KODNANI, M.L.A.

Dated the 8th February , 2000 Gandhinagar.

V-Ex 9-2

INDEX [PART. V 9-6

GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub olsuse (3) of blame (1) sampowers to the State Cloruaument to specify the date which the Act shall conte into force.

The delegation of Legislative powers as aforesaid is essential and character.

DR. MAYABEN KODNANI,

Dited the 8th Febrosity , 2000 .

K. M. PANCHA

Secretary

Gandhinagar, Dated the 9th March, 2000.

Gujarat Legislative Assembly

OHNTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/ GNR/ 2 Extra No. 10

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

THURSDAY , MARCH 9 , 2000 / PHALGUNA 19 , 1921

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill, which was introduced on the 9th March , 2003 by Shri. Usmangani Dewadiwala is publislied under rule 127--A of the Gujarat Legislative Assembly Rules for general information,

GUJARAT BILL NO.10 OF 2000.

THE GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISION FOR PROTECTION OF TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS

(REPEAL) BILL, 2000.

A BILL

to repeal the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act , 1991 in its application to the State of Gujarat.

It is hereby enacted in the Fifty First year of the Republic of India as follows: -

1. (1) This Act may be called the Gujarat Prohibition of Transfer of Immovable. Property and Provision for Protection of Tenants from Eviction from Premises inDis .. turbed Areas (Repeal) Act , 2000:

Short titleand commence- ment.

(2) It shall come into force at once,

2. The Gujarat Prohibition of Transfer of Immovable Property and Provision for Pro tection of Tenants from Eviction from premises in Disturbed Arcas Act , 1991 is hereby repealed.

Repaal ofGuj . 12 of 1991,

10-1

V Ex.10-1 .

INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX . 9-3-2000

10-2

STATEMENT OF OBJECTS AND REASONS

The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protec- tion of Tenarts from Eviction from premises in the Disturbed Areas Act , 1991 has been enacted by the State Legislature with a view to declare certain transfer of Immovable Properties in the disturbed Areas of the State to be void and to prohibit temporarily the transfers of Immovable Properties in such areas . Originally, thethe aforesaid provi- sions bad been made by the Act of 1986 as the riots had then occurred in certain areas of the State during the period of March , 1985 with a result that mob belonging to one community resorted to riot and violence and thereby had rendered many residential houses and shop belonging to another community unfit for human habitation. Consequently Conseque many immovable properties had been transferred under the fear of insecuirty in the dis- turbed areas at a low price. The 1986 Act was therefore , enacted witha view to making such transfers of immovable properties as void and prohibiting such transfers temporarily. Looking to the statement of objects and reasons appended to the 1986 Bill and the quite clear that this dabates in the House on the Bill on 13th August , 1986, it is legislation was specifically enacted in 1986 in view of the large scale transfers of immo- vabablė properties under the fear of insecurity which was caused in the general public in the disturbed areas during that specific period of riots , disturbances and mob vio- lence. The 1991 Act has repealed the 1986 Act and has enacted a permanent legislation to give power to the State Government to declare disturbed areas andand prohibit transfer . as and when such occasion arises .

The permenent legislation on the subject has created many hardships to the public at large. Under Section 3 of the aforeaforesaid Act each and every person has to approach the collector office for obtaining previous sanction of the Collector for transfer of pro- perty and if the Collector after holding an inquiry for a longer time rejects the application, the person concerned has to file an appeal before the State Government . This created much hardships. wastage of time and money, Due to this legislation, even genuine transfers are also very much adversely affected . This has also become an instrument for wide-spread corruption and mal-paractices in the Administration. Each and every transfer has to pass through a clumsy and lengthy process . Due to the provisions of the Act , so many cases of transfers are lying at the Collector Office or at the Sachi- valaya for a very long-period and thereby the Government also loses a sizable revenue due to imposition of such restriction. Moreover , section 3 of the Act delegates the power of declaring the disturbed areas to the State Government . This delegation is not proper as the State Government can thereby declare the disturbed areas at any time by issuing just a notification and put the public at large of the area in a very much hardship even if there is no riot , disturbances or mob violence . There have been ins- tances of the State Government publishing such & notification and declaring disturbed areas even if the whole State has remained very much preaceful . Such steps of the State Government have also been challanged in the Court of Law recently.

: To avoid the mis - use by the authorities , the hardships and inconvenience to the Public at large and the wide- spread corruption and malpractices in the administration, the aforesaid Act is proposed to be repealed with immediate effect .

Hence this Bill .

USMANGANI DEVDIWALA Ahmedabad,

M.L.A.

Dated 15th February , 2000 .

K. M. PANCHAL,

Secretary,

Gandhinagar,

Gujarat Legislative Assembly.

Dated 9th March, 2000,

GOVERNMENT CENTRAL PRESS, GANDHINAGAR..

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLI] WEDNESDAY, MARCH 15 , 2000 /PHALGUNA 25 , 1921

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 15th March, 2000 by Shri Dolatbhai Parmar is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information .

GUJARAT BILL NO . 11 OF 2000 .

THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS' SALARIES AND ALLOWANCES (AMENDMENT) BILL , 1999 .

ABILL

further to amend the Gujarat Legislative Assembly Members ' Salaries and Allowances Act, 1960 .

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

1. (1) This Act may be called the Gujarat Legislative Assembly Members' Saia- ries and Allowances (Amendment) Act, 1999 .

Short title and commence ment.

(2) It shall come into force at once .

Guj. II of 1960.

2. In the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960 (hereinafter referred to as the Principal Act) in section 5B-

Amendment' of section 5B . of Guj. II of 1960.

(1) in the proviso, after the words "two other members of his family resid- ing with and dependent on him " , wherever they occur the words " or one other member of his family residing with and dependent on him and his personal assistant " shall be inserted,

(2) in the Explanation , after the words " two other members of his family residing with and dependent on him " wherever they occur, the words " or one other member of his family residing with and dependent on him and his personal assistant shall be inserted.

V-Ex- 11-1

INDEX [PART V 11-2

15-3-2000 .

GUJARAT GOVERNMENT GAZETTE, EX.

mendment section 6 of j- II of1960.

3. Inthe Principal Act, in section 6, in sub-section (3 ) , in the proviso, after the words " two other members of his family residing with and dependent on him, " the words "or one other member of his family residing with and dependent on him and his personal assistant " shall be inserted.

4. In the Principal Act, in Section 6AA,

Amendment of section 6AA ofGuj -II of 1960.

(1) after the words "two other members of his family residing with and dependent on him " the words "or one other member ofhis family residing with and dependent on him and his personal assistant " shall be inserted:

(2) after the words " spouse and the members of his family " the words "or one other member of his family and his personal assistant " shall be inserted.

INDEX 11-3 GUJARAT, GOVERNMENT. GAZETTE, EX. 15-3-2000

PARTV ]

STATEMENT OF OBJECTS AND REASONS

At present, under the existing provisions of the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960, a member is entitled to travel by railway by first class and by Road Transport Service in any part of India alone as well as with his spouse and two other members of his family. A member is not entitied to travel with his personal assistant. Sometime it becomes necessary for the member to take his personal assistant with him to assist him during his journey. It is, therefore necessary to amend the principal Act to provide accordingly.

Bill seeks to amend the Gujarat Legislative Assembly Members' Salaries and Allowances Act, 1960 in order to achieve the aforsaid object:

DOLATBHAI PARMAR,

25th August, 1999,

M.L.A..

Gandhinagar.

K. M. PANCHAL ,

Secretary, Gujarat Legislative Assembly.

Gandhinagar, 15thMarch, 2000 .

INDEX :

GUJARAT GOVERNMENT GAZETTE, EX. 15-3-2000

1.1-4

[PART V

ANNEXURE

EXTRACT FROM THE GUJARAT LEGISLATIVE ASSEMBLY MEMBERS ' SALARIES AND ALLOWANCES ACT, 1960 .

Guj . II of 1960

Free transit -by Railway:

5B. Every member shall , with effect from such date as may be notified by the State Government in the Official Gazette , be provided with facilities which shall entitle him at any time to travel by first class or by second class air conditioned any railway- in any part of the State of Gujarat and in any part of India in such manner and subject to such conditions as may by rules or orders be prescribed in that. behalf:

Provided that such travel by railway in any part of India outside the State of Gujarat may be availed of by a member singly or jointly with his spouse and two other members of his family residing with and dependent on him, so however that the total distance so travelled by the member singly in any year does not exceed 10,000 kilometers and the total distance so travelled jointly by the member and his spouse and two other members of his family residing with and dependent on him in any year does not exceed 20,000 kilometres .

Explanation, For the purpose of calculating the number of kilometers travelled by a member jointly with his spouse and two other members of his family residing with and dependent on him outside the State of Gujarat, the number of kilometers travelled by him and by his spouse and two other members of his family residing with and dependent on him shall be counted separately.

***

6(1) and (2)

Free transit by road transport service and payment of mileage.

(3) Every member shall , with effect from such date as may be notified by the State Government in the Official Gazette, be provided with facilities which shall entitle him at any time to travel by road transport service in any part of India outside the State ofGujarat in such manner and subject to such conditions as may, by rules or orders , be prescribed in that behalf :

Provided that such travel by road transport service in any part of India out- side the State of Gujarat may be availed of by a member singly or jointly with his spouse and two other members of his family residing with and dependent on him subject to the limitation specified in the proviso to section 5B,

Free transit by railway and road transport service to spouse of member.

6AA. Where a member travels jointly with his spouse and two other members of his' family residing with and dependent on him in any part of the State ofGujarat either, by railway or by road transport service such spouse and the members of his family shall be entitled in respect of such travel to the same facility of free transit by railway or as the case may be , free transit by road transport service as such member is entitled under section 5B or, as the case maybe, sub - section ( 1 ) of section 6.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , MARCH 16 , 2000 / PHALGUNA 26 , 1921

VOL . XLI ]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported ) .

The following Bill is published with the consent of the Speaker given under the proviso, to rule 127. A of the Gujarat Legislative Assembly Rules:-

THE BOMBAY STAMP ( GUJARAT AMENDMENT)

BILL, 2000 .

GUJARAT BILL NO . 12 OF 2000 .

ABILL

further to amend the Bombay Stamp Act, 1958.

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

1. (1) This Act may be called the Bombay Stamp (Gujarat Amendment) Act,2000.

Short title and commence- inent.

(2) It shall come into force on the 1ªApril, 2000.

Amendment ofsection32A ofBom. LX of 1958.

Bom . LX of 1958.

2. In the Bombay Stamp Act , 1958 (hereinafter referred to as " the principal Act ") , in section 32A , in sub- section (1 ), for the words "may either before or after " , the words " shall before " shall be substituted.

3. In the principal Act, in Schedule I,

Amendment ofSchedule I to Bom. LX of 1958.

(1) in article 2, for the words " forty rupees ", the words " one hundred rupees" shall be substituted;

(2) in article4, for the words " Ten rupees " , the words " Twenty rupees " shall be substituted;

12-1

Ex.12-1

V INDEX [ PART . V 12-2

GUJARAT GOVERNMENT GAZETTE , EX.16-3-2000

(3 ) inn articlearticle 5, in clause (h) , for the words " Twenty rupees " , the words "Fifty rupees " shall be substituted;

(4) in article 10, for the words " forty rupees " , the words "one hundred rupees " shall be substituted;

(5) in article 16, for the words " Twenty rupees " , the words "Fifty rupees " shall be substituted;

(6) in article 20,

(i) in clause (b) , for the words " six rupees " , the words " eight rupees " shall be substituted;

(ii) for clause (d) , the following clause shall be substituted, namely:-

I of1956.

"( d) CONVEYANCE , so far as it relates to amalgamation of companies by an order of the High Court under section 394 of the Companies Act , 1956, where the aggregate amount comprising of the market value of shares issued or allotted in exchange of or otherwise , or the face value of such shares , whichever is higher and the amount of consideration , if any, paid for such amalgamation--

/ (i ) does not exceed Rs . 100 crores .

2 per cent . of the aggregate amount,

(ii) exceeds Rs . 100 crores but does not exceed Rs . 500 crores .

Rs. 2 crores plus 1 per cent. of the amount which exceeds Rs . 100 crores.

(iii) exceeds Rs . 500 crores.

Rs . 6 crores plus 0.5 per cent . ofthe amount which exceeds Rs . 500 crores.".

(iii) For the Explanation III , the following Explanation shall be substituted, namely :-

"Explanation III. For the purposes of clause (d) , the market value ofshare-

(a) in relation to the transferee company whose shares are listed and quoted for trading on a Stock Exchange, means the market value of share as on the appointed date mentioned in the scheme of amalgamation orwhen appointed date is not so fixed , the date of order of the High Court,

(b) in relation to the transferee company , whose shares are not listed or listed but not quoted for trading on a Stock Exchange means the market value of the share issued or allotted with reference to the market value of share of the transferor company,

INDEX 12-3 PART V ] GUJARAT GOVERNMENT GAZETTE , EX.16-3-2000

(c) where the transferée company and transferor company, whose shares are not listed or listed but not quoted for trading on Stock Exchange means the face value of the share issued or allotted with reference to the face value of share of the transferee company." ;

(7) in article 22, for the words " twenty rupees " , the words " fifty rupees " shall be substituted;

(8) in article 23, for the words " forty rupees " , the words " one hundred rupees" shall be substituted;

(9) in article 24, for the words " Ten rupees " , the words " Twenty rupees" shall be substituted;

(10) in article 29, for the words " sixty rupees " , the words " one hundred rupees " shall be substituted;

(11) in article 33, for the words " Thirty rupees " , the words " Fifty rupees " shall be substituted;

(12) in article38 , for the words " Ten rupees " , the words " Twenty rupees " shall be substituted;

(13) in article 41 , for the words "Ten rupees " , the words " Twenty rupees " shall be substituted ;

(14) in article 45,

(i) in clauses (a) , (b) , (c) and (h ) for the words " Twenty rupees " , the words "One hundred , rupees " shall be substituted;

(ii) in clause ( d) for the words "Fifty rupees " , the words "One hundred rupees " shall be substituted;

(15) in article46, for the words "Ten rupees " , the words " Twenty rupees " shall be substituted;

(16) inarticle47, for the words "Ten rupees " , the words " Twenty rupees" shall be substituted;

(17) in article 48 , for the words " sixty rupees " , the words " one hundred rupees " shall be substituted ;.

(18) in article 49, for the words " sixty rupees " , the words " one hundred rupees" shall be substituted;

(19) in article 55, for the words " sixty rupees " , the words "one hundred rupees " shall be substituted.

INDEX 12-4

GUJARAT GOVERNMENT GAZETIE ,

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend the Bombay Stamp Act, 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance. Minister in the Gujarat Legislative Assembly on the 22nd February, 2000.

Gandhinagar,

VAJUBHAI VALA

Dated the 15th March, 2000..

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

KUM. H.K. JHAVERI,

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

Gandhinagar ,

Dated the 16th March , 2000 .

Government Central Press , Gandhinagar .

INDEX REGISTERED NO . G/GNR/ 2 Extra No.13

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , MARCH 16 , 2000 / PHALGUNA 26 ,1921

VOL . XLI ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules: -

THE GUJARAT SALES TAX (SECOND AMENDMENT)

BILL , 2000 .

GUJARAT BILL NO . 13 OF 2000.

ABILL

further to amend the Gujarat Sales Tax Act, 1969.

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

1. (1) This Act may be called the Gujarat Sales Tax (Second Amendment) Act, 2000.

Short title and com- mencement.

(2) It shall come into force on the 1st April, 2000.

Guj . 1 of1970. 2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as " the principal Act" ), in section 2,-

Amendment of section 2 ofGuj . 1 of 1970.

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

" ( 1A) " additional tax " means the additional tax levied under section 4A; " .

(2) in clause (32) , after the words " under this Act " , the words "but does nót include additional tax " shall be inserted.

13-1

V Ex.13-1

INDEX 13-2

GUJARAT GOVERNMENT GAZETTE , EX.16-3-2000 [ PART V

3. In the principal Act, after section 4, the following new section shall be inserted, namely : -

Insertion of new section 4A in Guj . 1 of1970.

Levy of additional tax.

Guj . of 2000 .

" 4A ( 1 ) There shall be levied and collected for a period of one year from the date of commencement of the Gujarat Sales Tax ( SecondAmendment) Act, 2000, from every dealer liable to pay tax under section 3 or section 3A or under section 4, an additional tax on the sale or purchase of goods liable to tax under this Act, at the rate of ten paise in the rupee on the sales tax , general sales tax or, as the case may be , purchase tax , payable by such dealer :

Provided that the additional tax shall not be levied in respect of the sale or purchase of any of the declared goods .

(2) Except as provided in sub - section ( 1 ), the provisions of this Act and the rules made thereúnder shall , so far as may be , apply in relation to the additional tax payable under sub- section ( 1 ) , as they apply in relation to the tax payable by adealer under this Act .

(3) For the removal of any doubt, it is hereby declared that-

(a) additional tax levied under sub- section ( 1 ) shall not be construed as partaking of the character of sales tax, general sales tax or, as the case may be , purchase tax, on which it is levied ; and

(b) the additional tax shall be distinct from sales tax , general sales tax, or, as the case may be , purchase tax. ".

4. Inthe principal Act, in section 30B,-'

(1 ) for sub- section (2) , the following shall be substituted, namely:-

Amendment ofsection 30B ofGuj.1 of 1970.

"(2)Where it appears necessary to the authority referred to in section 29 or the Commissioner so to do for the proper realisation of the tax, interest and penalty payable, or which has become due for payment, for any period of any year, he may, at any time , by an order in writing and for reasons to be recorded therein, require a registered dealer to furnish in the prescribed manner and within such time as may be specified in the order, such security or if such dealer has already furnished any security, such additional security, as may be specified in the order.";"

(2) in sub- section(4),

(i) for the portionbeginning with the words " shall not exceed the amount of tax payable " and ending with the words " required to be furnished" , the following shall be substituted, namely: -

"orthe Commissioner shall not exceed the amount of tax, interest and penalty payable or which has become due for payment for any period of any year according to the estimate ofthe authority referredto in sub- section ( 1 ) or the Commissioner, on the turnover of sales or turnover of purchases of goods of such dealer for any period of any year.";

INDEX 13-3 GUJARAT GOVERNMENT GAZETTE , EX.16-3-2000

PART V ]

(3) in sub- sections (5), (6) and (8 ) , for words and figures " The authority referred to in section 29 " , the words , figures and brackets "The authority referred to in sub - section( 1 ) or (2) or, as the case may be , the Commissioner " shall be substituted

5. In the principal Act, in section 59 AAA, in sub - section (2), after the words " A registered dealer " , the words " or any other person " shall be inserted

Amendment ofsection59 AAA ofGuj . 1of1970.

6. In the principal Act , in Schedule II , in PartA, in the entry at serial No. 144, in columns 3 and 4, for the words "two paise " , the words "four paise " shall be substituted.

Amendment ofSchedule II , PartAto Guj. 1of 1970.

INDEX [ PART V 13-4 GUJARAT GOVERNMENT GAZETTE , EX.16-3-2000

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend the Gujarat Sales Tax Act , 1969 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Gujarat Legislative Assembly on the 22nd February, 2000.

An opportunity is taken to make provision empowering the registering authority as well as the Commissioner to require a dealer to furnish security and additional security in respect of the dues of tax , penalty and interest of previous years with a view to safeguarding the realisation of such dues . Section 30B is proposedto amend accordingly.

Under the existing provisions of section 59AAA , a registered dealer is required to make a declaration when he imports the specified goods from any other State to the State of Gujarat . In order to curb evasion of tax on specified goods that are brought by a person from other State , it is proposed to cast a duty upon such person to make such declaration . Section 59AAA is proposed to amend to achieve this object .

Gandhinagar,

VAJUBHAI VALA.

Dated the 15th March, 2000.

By order and in the name of the Governor ofGujarat,

KUM . H.K. JHAVERI,

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

Gandhinagar ,

Dated the 16th March ,, 2000 .

Government Central Press , Gandhinagar .

INDEX Extra No.14

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

SATURDAY , MARCH 18 , 2000/ PHALGUNA 28 , 1921

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

( To be translated into Gujarati and the translation to be published in the. Gujarat Government Gazette . The date of publication to be reported . ).

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Législative Assembly Rules : -.

THE GUJARAT REPEALING BILL, 2000 .

GUJARAT BILL NO . 14 OF 2000.

ABILL

to repeal certain Acts.

Whereas it is expedient to repeal certain obsolete Acts , it is hereby enacted in the Fifty-first Year of the Republic of India as follows: -

Short title;

1. This Act may be called the Gujarat Repealing Act , 2000.

2. In this Act , unless the context otherwise requires , "Land Definition , Tenure Abolition Act " means an Act specified in Part I of the Schedule.

14-1

V Ex.14-1

INDEX 14-2 GUJARAT GOVERNMENT GAZETTE ,

[ PART

EX.18-3-2000

Repeal of certain Acts.

3. The Acts specified in the Schedule are hereby repealed .

Savings.

4. (1) Notwithstanding the repeal of Land Tenure Abolition Act (hereinafter in this sub- section and sub- section (2) referred to as "the said Act" ) by section 3 , -

Bom. V of 1879 .

( a) land made liable to payment of land revenue in accordance with the Bombay Land Revenue Code, 1879 and the rules made thereunder by the said Act shall continue to be so liable, and

(b) the liability to pay land revenue levied under the said Code imposed on the holder of land by the said Act shall continue.

(2) The repeal of the said Act by section 3 shall not affect--

(a) any restriction imposed by the said Act on transfer of land; or

Bom. LXVII of1948.

Bom. XCIX of 1958.

(b) the application of the provisions of the Bombay Tenancy and Agricultural Lands Act , 1948 or, as the case may be , the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area ) Act , 1958 , to any land or the relationshipbetween holder of land or, as the case may be , landlord and his tenant made by the said Act .

Bom. I of 1904.

(3) Without prejudice to the provisions contained in sub- sections ( 1 ) and (2) and subject thereto , section 7 of the Bombay General Clauses Act , 1904 shall apply in relation to the repeal of the Act specified in the Schedule as if the Act had been an enactment within the meaning of the said section 7.

INDEX PARTV ] GUJARAT GOVERNMENT . GAZETTE , EX.18-3-2000

14-3

SCHEDULE

( See section 3 )

PART I

Year 1

No. 2

Shorttitle of theAct

3

  1949    Bom .
                   The Bombay Bhagdari and Narwadari Tenures Abolition Act, 1949 .
  1949    Bom.     The Bombay Maleki Tenure Abolition Act , 1949.
          LXI
  1949    Bom.     The Panch Mahals Mehwassi Tenure Abolition Act , 1949.
          LXIII
  1950    Bom .
          LX       The Bombay, Paragana and Kulkarni Vatans (Abolition ) Act ,1950 .
 1950    Bom.     The Bombay Watwa Vazifdari Rights Abolition Act , 1950.
         LXII
 1953    Bom.
         XLIII .  The Bombay Personal Inams Abolition Act , 1952.
 1953    Bom .
         XLIII    1953.. The Bombay Merged Territories (Ankadia Tenure. Abolition ) Act,
 1953    Bom.
         XLVI     The Bombay Merged Territories (Baroda Watan Abolition ) Act, 1953 .
 1953    Bom.
        XLVIII    The Bombay Merged Territories Matadari Tenure Abolition Act,
                  1953,
 1953   Bom.
        LXX      1953.. TheBombay Service Inams ( Useful to Community) Abolition Act,
1954    Bom . 1  The Bombay ( Okhamandal Salami Tenure Abolition ) Act , 1953 .
1954    Bom .
                 The Bombay Merged Territories and Areas ( Jagirs Abolition) Act, 1954.
1955    Bòm.
        XXI      TheBombay Bhil Naik Inams Abolition Act , 1955.
1955    Bom .    The Bombay Merged Territories Miscellaneous Alienations
       XXII     Abolition Act , 1955.

INDEX 14-4

GUJARAT GOVERNMENT GAZETTE , EX.18-3-2000 [ PART V

1959 Bom. 1 The Bombay Inferior Village Watans Abolition Act, 1958.

Bom.

1959

The Bombay Ankadia Tenure ( Saurashtra Area ) Abolition Act, 1959.

1959 Bom .

The Bombay Bandhijama , Udhad and Ugadia Tenures Abolition Act, 1959..

1959 Bom . LXV

The Bombay (Saurashtra Area ) Aghat Tenure and Ijaras Abolition Act, 1959.

1961

TheGujarat Patel Watans Abolition Act, 1961 .

XLVIII Guj .

1963

The Gujarat Surviving Alienations Abolition Act, 1963.

Guj . XXXIII

1969

The Gujarat Devasthan Inams Abolition Act, 1969.

Guj . XVI

PART II

Year 1

No. 2

Shorttitle of the Act 3.

1863 Bom . II .

The Exemption from Land- revenue. ( No.1 ) Act, 1863 .

1863 Bom.VII The Exemption from Land - revenue ( No.2) Act ,1863 .

1874 Bom.III . The Bombay Hereditary, Offices Act , 1874.

1878 Bom . V TheBombay Abkari Act , 1878 .

1882 Bom.VII The Bombay Landing and Wharfage Fees Act, 1882.

1887 Bom.VI TheMatadars Act , 1887.

1889 Bom..I

The Bombay Village Sanitation Act, 1889.

1892 Bom.1

The Bombay District Vaccination Act, 1892.

1918 Bom.VI

The Bombay Disqualification of Alien Act , 1918.

1926 Bom.XI

The Invalidation of Hindu Ceremonial Emoluments Act, 1926

1936 Bom.XX The Bombay Opium Smoking Act , 1936.

INDEX

 PART V ]   GUJARAT GOVERNMENT GAZETTE , EX       18-3-2000             14-5
  1.      2                         3
 1938   Bom .      TheBombay Forfeited Lands Restoration Act , 1938..
        XXII
 1947   Bom.       TheBombayAgricultural Debtors ReliefAct , 1947.
        XXVIII
 1948   Bom .      The Bombay Refugees Act, 1948.
        XXII
 1953   Bom .      TheBombay Land Tenures Abolition (Amendment) Act , 1953 .
 1953   Bom . L    TheBombay Land Tenures Abolition ( Recovery of Records ) Act,
                   1953.
 1954   Bom .      The Saurashtra Agricultural Debtors ' Relief Act , 1954 .
1955    Bom .      The Bombay Land Tenures Abolition (Amendment) Act, 1955.
        LI
1956    Bom .      TheBombay Land Tenures Abolition (Amendment) Act, 1956.
        XL
1958    Bom.       TheBombay Land Tenure Abolition Laws (Amendment)
        LVII      Act,1958.
1961    Guj .     TheGujarat Land Tenures Abolition ( Extension of Period for
        XLIV      Claiming Compensation ) Act , 1961 .
1964    Guj . 3    The Gujarat Smoke-nuisance Act, 1963.
1965   Guj . 23   The Gujarat Land Tenures Abolition Laws (Amendment) Act ,
                  1965.

V-EX.- 14-2

INDEX 14-6

GUJARAT GOVERNMENT GAZETTE , EX.18-3-2000

[ PART V

STATEMENT OF OBJECTS AND REASONS

TheGujarat State Law Commission has , in its various reports, recommended repeal of certain Acts on the ground that they have become obsolete and, therefore, require to be removed from the StatuteBook.

In so far as the various Land Tenure Abolition Acts are concerned , the Commission was of the view that as proceedings regarding. payment of compensation for abolition of Land Tenures in most of the cases were complete, the said Acts were no longer required to be kept on Statute Book . In respect of some other Acts , the Commission was of the view that they were impliedly repealedby Central Acts or that they were no longer required to be administered in view of the changed circumstances ..

In pursuance of the said recommendations of the State Law Commission , it is considered necessary to repeal certain obsoleteActs.

Certain Land Tenure Abolition Acts contain provisions making the land liable to payment of land revenue, imposing liability to pay land revenue on the holder of land, restricting transfer of land and applying the provisions of Bombay Tenancy and Agricultural Lands Act , 1948 or the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 to the land or relationship between a holder of land or landlord and his tenant . It is , therefore , proposed to save the aforesaid liability , restriction and application.

ThisBill seeks to achieve the aforesaid objects

Gandhinagar,

Sureshchandra Mehta Dated the 16th March , 2000:

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

KUM . H.K.JHAVERI ,

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

Gandhinagar ,

Dated the 18th March , 2000 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 15

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY , MARCH 21 , 2000 / CAITRA 1 , 1.922

VOL . XLI ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

( To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules: -

THE GUJARAT PREVENTION OF ANTI - SOCIAL ACTIVITIES (AMENDMENT) BILL, 2000 .

GUJARAT BILL NO . 15 OF 2000 .

A BILL

further to amend the Gujarat Prevention ofAnti-social Activities Act, 1985.

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

1. This Act maybe called the Gujarat Prevention of Anti- social Activities Short title. (Amendment ) Act, 2000.

Guj.16 of 1985.

section 2 of.

2. In the Gujarat Prevention of Anti- social Activities Act, 1985 (hereinafter Amendment of referred to as " the principal Act ") , in section 2 , -

Guj . 16of1985.

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

15-1

V Ex.15-1

INDEX 15-2

[ PART V GUJARAT GOVERNMENT GAZΕΤΤΕ , ΕΧ . 21-3-2000

Bom . IV of 1887.

"(bb) " common gaming house keeper " means a person who , having been convicted of an offence punishable under section 4 of the Bombay Prevention of Gambling Act, 1887, within a period of three years from the date of such conviction either by himself or as a member or leader of a gang habitually commits or attempts to commit or abets the commission of an offence punishable under that section;

Bom. LXXII of 1954.

(bbb) "cruel person " means a person , who either by himself or as a member or leader ofa gang ,habitually commits or attempts to commit or abets the commission of an offence punishable under section 8 of the Bombay Animal Preservation Act, 1954;".

In the principal Act, in section 3, in sub- section (4) , for the words "as a bootlegger", the words " as a bootlegger or common gaming house keeper or cruel person" shall be substituted . 3.

Amendmentof section 3 of Guj. 16 of 1985.

INDEX PART.V ] GUJARAT GOVERNMENT GAZETTE , EX.21-3-2000

15-3

STATEMENT OF OBJECTS AND REASONS.

It is noticed that activities of a person keeping common gaming house punishable under section 4 of the Bombay Prevention of Gambling Act, 1887 and activities of a person unauthorisedly killing animals , punishable under section 8 of theBombay Animal Preservation Act, 1954, which are anti -social in character , in certain circumstances, cause feeling of insecurity among the general public and also grave and widespread danger to the life of the public and thereby affect the maintenance of public order in the State . With a view to maintaining the public order in the State, it is considered necessary to prevent such persons from carrying on anti -social activities and for that purpose , it is proposed to amend the Gujarat Prevention of Anti -social Activities Act, 1985 to achieve the aforsaid object .

HAREN PANDYA

Gandhinagar,

Dated the 18th March, 2000 .

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

KUM . H.K. JHAVERI,

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

Gandhinagar ,

Dated the 21st March , 2000 .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 16

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLIJ

TUESDAY, MARCH 21 , 2000 / CAITRA 1 , 1922

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the tranlsation to be published in the Gujarot Government Gazette . The date of publication to be reported.)

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :-

THE GUJARAT TAX ON LUXURIES (HOTELS AND LODGING HOUSES) ( AMENDMENT) BILL , 2000.

GUJARAT BILL NO . 16 OF 2000.

ABILL

further to amend the Gujarat Tax on Luxuries ( Hotels and LodgingHouses)

Act, 1977.

It is hereby enacted in the Fifty- first Year of the Republic of India ás follows:-

Short title and commencement .

1. (1 ) This Act may be called the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Act, 2000 .

(2) It shall come into force on the 1 April,2000.

Guj. 24 of1977...

2. In the Gujarat Tax on Luxuries (Hotels and Lodging Houses )Act, 1977 (here- inafter referred to as "the principal Act " ) , in section 3 , in sub- section ( 1 ) , for clauses (a) to (c) , the following clauses shall be substituted, namely: -

Amendment of section 3 of Guj .24of 1977.

16-1

V-Ex. -16-1

INDEX [ PART V

16-2 GUJARAT GOVERNMENT GAZETTE EX. 21-3-2000

Nil

"(a) Where the charges for lodging are not more than two hundred rupees per day per person.

7.5per cent. ofsuch charge.

(b) Where the charges for lodging are more than two hundred rupees but not more than four hundred rupees per day per person.

10 per cent of such charge.

(c) Where the charges for lodging are more than four hundred rupees but not more than sixhundred rupees per day per person..

(d) Where the charges for lodging are more than six hundred rupees per day per person .

15 per cent, ofsuch charge.".

3. In the principal Act, after section 4, the following sections shall be inserted, namely:-

Registration.

Insertion of new sections 4A and4B in Guj. 24 of 1977.

"4A. (1 )No proprietor of a hotel liable to pay tax under section 3 shall provide luxury to a person in a hotel without obtaining a valid certificate of registration from the Collector:

: Guj. of2000.

Provided that the provisions of this sub - section shall not be deemed to have been contravened , if the proprietor having applied for such registration as provided in this section , within six months from the date of the commencement of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Act, 2000, provides luxury to a person in a hotel.

(2) Every proprietor providing luxury in a hotel shall apply to the Collector in such form, in such manner and on payment of such fee , as may be prescribed,

(3) If the Collector is satisfied that the requirements of provisions of this Act and the rules made thereunder have been complied with , he may issue a certificate of registration in such form and on such terms and conditions as may be prescribed.

4B. In the event of any contravention by the holder of certificate of registration of any of the terms and conditions of the certificate of registration or of any of the provisions of this Act or rules made thereunder , the Collector may revoke the certificate of registration or suspend it for such period , as he maythink fit:

Power to revoke or suspend the certificate of registration.

Provided that no certificate of registration shall be revoked or suspended without giving a reasonable opportunity of being heard to the holder thereof. " .

4. In the principal Act, in section 9, in sub-section ( 1 ) , after the words and figure "under, section- 7 " , the words , figures and letters " or by the order of the Collector under section 4A or 4B" shall be inserted.

Amendment of section 9 of Guj . 24 of 1977.

5. In the principal Act, in section 21 , in sub - section (2) , before clause (a) , the following clauses shall be inserted, namely: -

Amendment of section 21 of Guj . 24 of 1977.

"(aa) the form in which , the manner in which and fee on payment of which the proprietor shall apply under sub -section (2) of section 4A;

(aaa) the form ir which and the terms and conditions subject to. which certificate of registration may be issued under sub - section (3 ) of section 4A; " .

INDEX 16-3 PART V] GUJARAT GOVERNMENT GAZETTE EX. 21-3-2000

STATEMENT OF OBJECTS AND REASONS .

This Bill seeks to amend section 3 of the Gujarat Tax on Luxuries (Hotels and Lodging Houses) Act, 1977 with a view to giving effect to the proposal con- tained in the Budget Speech of the Finance Minister in the Gujarat Legislative Assembly on the 22nd February, 2000.

In order to have smooth implementation of the provisions of the Act, an opportunity is also taken to amend the provisions of the Act prohibiting the propri- etor of a hotel liable to pay tax to provide luxury to a person in a hotel without obtaining a valid certificate of registration. Proposed new sections 4A and 4B provide accordingly..

KESHUBHAI PATEL .

MEMORANDUM REGARDING DELEGATED LEGISLATION

ThisBill provides for delegation of legislative powers in the following respects, namely :

Clause 3.- ( i ) Sub - section (2) of section 4A sought to be inserted by this clause empowers the State Government to prescribe by rules the form in which , the manner in which and the fee on payment of which the proprietor shall apply for certificate of registration .

(ii) Sub- section (3 ) of section 4A sought to be inserted by this clause empowers the State Government to prescribe by rules the form in which and the terms and conditions subject to which certificate of registration may be issued by the Collector.

Clause 5.-(i ) Clause ( aa) of sub - section (2) of section 21 sought to bè inserted by this clause empowers the State Government to prescribe by rules the form in which , the manner in which and fee on payment of which the proprietor shall apply under sub- section (2 ) of section 4A.

(ii ) Clause (aaa) of sub- section (2) of section 21 sought to be inserted by this clause empowers the State Government to prescribe by rules the form in which and the terms and conditions subject to which certificate of registration may be issued under sub - section (3) of section 4A.

The delegation of legislative powers as aforesaid is necessary and is of a normal character.

Gandhinagar,

KESHUBHAI PATEL .

Dated the 21st March , 2000 .

By order and in the name of the Governor ofGujarat ,

KUM. H. K. JHAVERI ,

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

Gandhinagar , Dated the 21st March , 2000 .

Government Central Press , Gandhinagar.

INDEX REGISTERED NO . G/GNR/2 Extra No. 17

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY , MARCH 22 , 2000 / CAITRA 2 , 1922

VOL . XLI ] ,

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules: -

THE BOMBAY MOTOR VEHICLES TAX ( GUJARAT AMENDMENT)

BILL,2000.

GUJARAT BILL NO . 17 OF 2000.

ABILL

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

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

commencement.

1. (1) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Short title and Amendment ) Act, 2000 .

(2) It shall come into force on the I'st April, 2000.

Bom. LXV of 1958.

In the Bombay Motor Vehicles Tax Act , 1958 (hereinafter referred to as "the principal Act "); in section 3A,~ 2.

Amendment of section 3A of Bom. LXV of 1958.

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

17-1

V- Ex.17-1

INDEX :

[ PART. V 17-2

GUJARAT GOVERNMENT GAZETTE , EX.22-3-2000

(i) in entry 1 ,-

(a) against clause (a) , for the letters and figures "Rs . 2,000 ", the letters and figures "Rs . 3,000 " shall be substituted;

(b ) against clause (b ), for the letters and figures " Rs . 3,000 " , the letters and figures "Rs . 4,500 " shall be substituted;

(ii) in.entry 2 ,-

(a) against clause (a) , for the letters and figures "Rs . 3,000", the letters and figures " Rs . 4,500 " shall be substituted; :

(b) against clause (b), for the letters and figures " Rs. 4,000 " , the letters and figures "Rs . 6,000 " shall be substituted;

(2) in sub-section (3) , in clause (a) ,

(a) for the letters and figures "Rs . 144 " , the letters and figures "Rs . 216 " shall be substituted ;

(b) for the letters and figures " Rs . 160" , the letters and figures " Rs . 240 " shall be substituted ;

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

(A) in clause (a) ,

(a) for the words " each complete month of the period " , the words " the month " shall be substituted;

(b) in sub - clause (i ) , for the words "five hundred and one rupees " , the words "two hundred fifty rupees " shall be substituted;

(c) in sub - clause ( ii) , for the words " seven hundred and fifty rupees ", the words "three hundred seventy -five rupees " shall be substituted;

(d) in sub -clause ( iii) , for the words "nine hundred rupees " , the words "three hundred seventy - five rupees " shall be substituted;

(e) in sub - clause (iv) , for the words "one thousand rupees " , the words "five hundred rüpees " shall be substituted;

(f) in the proviso, for the word " months " , the word "month " shall be substituted.

(B) in clause (b) , for the portion beginning with the words "the designated omnibus in respect of which the tax has been paid " and ending with the words "three months in a year " , the following shall be substituted, namely :

"the designated omnibus in respect of which tax has been paid, has not been used or kept for use for a period exceeding one month in a year on account of an accident which is registered in the police station or of the order of the competent court or the Government authority." .

3. In the principal Act , in the First Schedule , in Part I , after clause IV, the following clause shall be inserted, namely :-

Amendment of First Schedule to Bom. LXV of 1958.

"IV -A Private Service Vehicles

Rs . 500 for every person permitted to be carried ." .

INDEX 17-3 GUJARAT GOVERNMENT GAZETTE , EX.22-3-2000

PART V ]

STATEMENT OF OBJECTS AND REASONS

ThisBill seeks to amend the Bombay Motor Vehicles Tax Act , 1958 with a view to giving effect to the Budget proposal contained in the Budget Speech of the Finance Minister in the Gujarat Legislative Assembly on the 22nd February, 2000 .

BIMAL SHAH

Dated the 21st March, 2000.

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

KUM. H.K. JHAVERI ,

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

Gandhinagar ,

Dated the 22nd March , 2000 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 18.

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 23 , 2000 / CAITRA 3 , 1922

VOL . XLII

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat GovernmentGazette. The date of publication to be reported. )

The followingBill is published with the consent of the Speaker giyen under the proviso to rule 127 A ofthe Gujarat Legislative Assembly Rules : -

THE GUJARAT ENTERTAINMENTS TAX (AMENDMENT) BILL, 2000.

GUJARAT BILL NO. 18 OF 2000.

ABILL

further to amend the Gujarat Entertainments Tax Act, 1977.

It ishereby enacted in the Fifty-first Year ofthe Republic of India as follows :-

1. (1)ThisActmaybe called the Gujarat EntertainmentsTax (Amendment) Act, 2000. Short title aud commence ment.

(2) It shall come into force on the 1st April , 2000 .

Guj.16of 1977.

Amendment ofsection 3 ofGuj.: 16 of1977..

2. IntheGujarat Entertainments Tax Act, 1977 (hereinafter referred to as " the principal Act ") , in section 3, for sub -section (1 ) , the following shall be substituted, namely:-

"(1) There shall be levied and paid to the State Government on,-

(a) everypayment for admission to an entertainment atax at the rate of 50 per cent. of such payment, - :

(b) every payment for admission of a motor vehicle into the auditorium of a cinema known as Drive - in- Cinema, if such payment is separately charged by the proprietor for such admission, a tax at the rate of 50 per cent. ofsuch payment .".

Ex.18-1

18-1

INDEX [PART - V

23-3-2000

18-2

GUJARAT GOVERNMENT GAZETTE , EX .

3. In the principal Act, in section 6, in sub -section (5), in the Explanation , in clause (i) , in the proviso , for the words "three lakhs ", the words " one lakh " shall be substituted.

Amendment of section 6 of Guj. 16 of1977.

4. In the principal Act, in Schedule I, the entry at Sr. No. 4 shall be deleted.

Amendment of Schedule I to Guj. 16 of1977.

INDEX 18-3 PART-V ] GUJARAT GOVERNMENT GAZETTE , EX . 23-3-2000

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend sections 3 and 6 of and Schedule I to the Gujarat Entertainments Tax Act, 1977 , with a view to giving effect to the proposal con- tained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 22nd February, 2000.

KESHUBHAI PATEL .

Dated the 23rd March, 2000

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

KUM . H.K. JHAVERI ,

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

Gandhinagar , Dated the 23rd March , 2000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G /GNR/ 2 Extra No.19

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

FRIDAY , MARCH 24 , 2000/ CAITRA 4 , 1922

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported,)

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT APPROPRIATION BILL , 2000.

GUJARAT BILL NO . 19 OF 2000.

ABILL

to authorise payment and appropriation of certain sums from and out of the Consolidated Fund ofthe State of Gujarat for the services of the financial year ending on the thirty-first day ofMarch, 2001.

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

Short title.

1. This Act maybe called the Gujarat Appropriation Act, 2000 .

Withdrawal of Rs. 2,43,89,82,20,000 the Consolidated Fund of the State ofGujarat for the financial year fromand out of 2000-2001 .

2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of twenty four thousand three hundred eighty-nine crores , eighty- two lakhs, twenty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2000-2001, in respect of the services and purposes specified in column 2 of the Schedule.

Appropriation.

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

19-1

V- Ex.19-1

INDEX 19-2

[ PART- V GUJARAT GOVERNMENT GAZETTE , EX . 24-3-2000

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Total Services and purposes

Voted

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

3,87,40,000

Revenue 3,87,40,000

Agriculture and Co-operation Department

2,71,61,99,000

Revenue

Agriculture

5,81,00,000

Capital

78,14,71,000

Revenue

3,00,60,000

Capital

Minor Irrigation, Soil Conservation and Area Development

65,10,68,000-

Revenue 65,10,68,000

Capital

Animal Husbandry and Dairy Dévelopment

39,71,19,000

Revenue 39,71,19,000

Co-operation

25,38,78,000 .

25,38,78,000

Çapital

3,54,25,000

Capital

Other expenditure pertaining to Agriculture and Co-operation Department.

2,72,45,000

Revenue

Education Department

35,40,07,80,000

98,01,50,000

34,42,06,30,000

Revenue

Education

2,10,000

Capital

3,89,42,000

Revenue

48,26,60,000

Capital

Other expenditure pertaining to EducationDepartment

1,55,18,000

Revenue

10.

Energy and Petro - Chemicals Department

6,04,68,000

Revenue

11.

Tax Collection Charges (Energy and Petro -Chemicals . Department)

13,61,95,00,000

2,00,00,000

13,59,95,00,000

12.

Revenue

EnergyProjects

4,11,17,00,000

Capital

13.

Revenue

20,14,81,000

Capital

Other expenditure pertaining to Energy and Petro -Chemicals Department

INDEX 19-3

PART - V ] GUJARAT GOVERNMENT GAZETTE , EX.24-3-2000

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

6,74,58,000

Revenue

14:

Finance Department

10,16,000

Capital

77,80,10,000

Revenue 77,80,10,000

15.

Tax Collection Charges (Finance Department)

40,64,94,000

Revenue

16 .

Treasury andAccounts Administration

11,50,80,20,000

6,00,000

11,50,74,20,000

Revenue

17.

Pension and other Retirement Benefits

3,29,72,20,000

Revenue 3,29,72,20,000

18.

5,50,20,000

5,49,20,000

Capital

Other expenditure pertaining to Finance Department

32,10,96,12,000

Revenue

19.

9,81,63,19,000

Capital

Repayment of debt pertaining to Finance Department and its Servicing

7,89,27,000

Revenue

20.

Food, Civil Supplies and ConsumerAffairs Department

1,36,69,81,000

Revenue

21.

1,36,69,81,000

CivilSupplies

2,000

Capital

12,31,00,000 22.

12,31,00,000

Revenue

Food

25,01,000

Capital

1,000

23.

Revenue

82,75,000

Capital

Other penditure pertaining to Food, Chail Supplies and Consumer ffairs Department

1,86,15,000 24.

1,86,15,000

Revenue

Forests and Envronment Department

95,70,79,000

Revenue

25.

Forests

1,46,67,73,000

Capital

8,54,00,000

Revenue

26.

8,54,00,000

Environment

3,92,00,000

27.

Capital

Other expenditure pertaining to Forests and Environment Department.

INDEX [ PART - V .

GUJARAT GOVERNMENT GAZETTE , EX . 24-3-2000

19-4

Sums not exceeding

Total

Voted

Services and purposes

-Charged on the Consolidated Fund

No. of Vote/ Appro- priation

2,04,80,000.

2,04,80,000

Revenue

28.

Governor

3,61,30,000

Revenue 3,61,30,000

Council of Ministers

29.

4,45,74,000

Revenue

30.

Elections

3,16,97,000

2,29,90,000

87,07,000

Revenue

31.

Public Service Commission

1,17,81,08,000

Revenue 1,17,81,08,000

32.

General Administration Department

9,45,74,000

Revenue

33.

Economic Advice and Statistics

1,86,36,54,000

Revenue 1,86,31,54,000

34.

44,57,50,000

Capital

Other expenditure pertaining toGeneral Administration Department

8,42,19,000

7,40,000

8,34,79,000

Revenue

35:

StateLegislature

25,13,000

Capital

36.

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

4,01,43,000

Revenue

37.

Health and Family Welfare Department.

6,79,82,34,000

Revenue

Medical and Public Health

38.

1,59,39,09,000

Revenue 1,59,39,09,000

39.

FamilyWelfare

99,39,00,000

Revenue

40.

9,34,05,000

Capital

Other expenditure pertaining to Health and Family WelfareDepartment

6,81,77,000

Revenue

41.

HomeDepartment

6,80,44,33,000

Revenue 6,80,44,33,000

Police

42.

22,95,43,000

Revenue

Jails

43.

89,97,98,000

Revenue

44.

Transport

45,00,00,000

Capital

INDEX 19-5

PART - V ] GUJARAT GOVERNMENT GAZETTE , EX.24-3-2000

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

45.

Revenue

StateExcise

5,09,60,000-

5,09,60,000

46.

Revenue

47,29,17,000

2,00,000 47,31,17,000 Otherexpenditure pertaining to HomeDepartment

Capital 61,39,00,000

61,39,00,000

47.

Revenue

5,36,74,000

5,36,74,000, Industries , Mines and Tourisum Department

Revenue

48.

45,50,71,000

Stationery and Printing

45,50,71,000

49.

Industries

2,60,94,57,000

Revenue

enue

2,60,94,57,000.

1,24,16,05,000-

Capital

1,24,16,05,000

50..

Mines and Minerals

Revenue

                                                        27,02,06,000                       27,02,06,000
 51 .      Tourism                         Revenue      24,28,69,000
                                                                                           24,28,69,000
                                           Capital       2,50,00,000                        2,50,00,000
52.        Other expenditure pertaining    Revenue       7,61,95,000                        7,61,95,000
           to Industries , Mines and Tourisum Capital    3,32,30,000                        3,32,30,000
           Department
53.        Information and Broadcasting    Revenue         69,45,000                         69,45,000.
           Department

54.

Revenue

26,45,85,000

Information and Publicity

26,45,85,000

55.

Revenue

2,27,60,000

2,57,65,000

Capital

Other expenditure pertaining to Information and Broadcasting Department

56.

Revenue. 1,58,10,000

1,58,10,000.

Labour and Employment Department

57.

Revenue

1,15,36,29,000

1,15,36,29,000 Labour and Employment

11,05,000

Capital

58.

Capital 18,00,75,000

18,00,75,000 Other expenditure pertaining to Labour and Employment Department

59.

Revenue 2,32,57,000

2,32,57,000 Legal Department

V Ex.19-2

INDEX 19-6

[PART - V GUJARAT GOVERNMENT GAZETTE , EX . 24-3-2000 ,

Sums not exceeding

Total

Voted

Services and purposes

Chargedon the Consolidated Fund

No. of Vote/ Appro- priation

1,01,07,58,000

14,14,45,000

86,93,13,000

Revenue

60.

Administration of Justice

4,21,40,000

Revenue

4,21,40,000

61.

4,33,38,000

Capital

Other expenditure pertaining to Legal Department

1,91,72,000

Revenue

62.

Legislative and Parliamentary Affairs Department

15,10,000

Capital

63.

Other expenditure pertaining to Legislative and Parliamentary Affairs Department

5,04,00,000

Revenue

5,04,00,000

64.

Narmada , Water Resources and Water Supply Department

14,29,65,99,000

Capital

65.

Narmada Development Scheme

18,35,48,40,000

18,35,48,40,000 ..

Revenue

66.

Irrigation and Soil Conservation

3,61,25,00,000

Capital

1,30,44,00,000

Revenue 1,30,44,00,000

67.

WaterSupply

4,62,65,00,000

Capital

50,000

*50,000

Revenue

68.

11,22,50,000

Capital

Otherexpenditure pertaining to Narmada,Water Resources and Water Supply Department

2,81,20,000

Revenue

69.

Panchayats , Rural Housing and Rural Development Department

2,76,04,88,000

Revenue 2,76,04,88,000

70.

Community Development

5,02,40,75,000

1,48,30,57,000

3,54,10,18,000

Revenue

71.

27,34,50,000

Capital

Rural Housing and Rural Development

29,31,65,000

72.

Revenue

Compensations and Assignments

52,63,57,000

Revenue

73.

27,50,85,000

Capital

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

24,37,65,000

Revenue 24,37,65,000

74.

Fisheries

9,89,01,000

Capital

INDEX

PART - V ] GUJARAT GOVERNMENT GAZETTE , EX.24-3-2000 19-7
No. of Sums not exceeding
Vote/ Services and purposes
Voted Charged on Total
Appro- the Consolidated
priation Fund
1 2 3
75. Other expenditure pertaining to Revenue 82,00,000 82,00,000
Ports and Fisheries Department Capital 95,45,000 95,45,000
76. Revenue Department Revenue 7,11,35,000 7,11,35,000
77 . Tax Collection Charges Revenue 52,19,20,000 52,19,20,000
(Revenue Department).
78. District Administration Revenue 66,20,10,000 66,20,10,000
79. Relief on account of -Revenue 3,31,56,00,000 3,31,56,00,000
Natural Calamities
80. DangDistrict Revenue 16,28,08,000 ست 16,28,08,000
81. Compensation andAssignments Revenue 20,49,30,000 11,50,000 20,60,80,000
Capital
82. Other expenditure pertaining to Revenue 33,25,000- 1,000 33,26,000
Revenue Department Capital 2,77,90,000 2,77,90,000
83. Roads and Buildings Department Revenue 6,51,00,000 6,51,00,000
84. Non-Residential Buildings Revenue 2,10,81,79,000 5,50,000 2,10,87,29,000
Capital 1,12,93,40,000 1,12,93,40,000
85. Residential Buildings Revenue 74,96,58,000 74,96,58,000
Capital 19,49,62,000 19,49,62,000
86. Roads and Bridges Revenue nue 4,78,72,82,000 4,78,72,82,000
Capital 3,37,65,68,000 3,37,65,68,000
87. Gujarat Capital Construction Revenue 7,61,35,000 7,61,35,000
Scheme Capital. 32,75,00,000 32,75,00,000
88. Other expenditure pertaining to Revenue 10,68,00,000 10,68,00,000
Roads and Buildings. Department Capital 22,03,90,000 . 22,03,90,000
89.. Social Justice and Revenue 2,73,80,000- 2,73,80,000
Empowerment Department
90. Social Security and Welfare Revenue 2,51,30,16,000 **64,30,000 2,51,94,46,000
Capital 3,58,45,000 3,58,45,000
91. Welfare of Scheduled Tribes Revenue 58,80,45,000 58,80,45,000
Capital 3,27,92,000 3,27,92,000

INDEX [ PART -V

19-8

24-3-2000

GUJARAT GOVERNMENT GAZETTE , EX .

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Chargedon the Consolidated Fund

1,67,20,000 >

1,67,20,000

92.

Capital

Other expenditure pertaining to Social Justice and Empowerment Department.

3,33,31,25,000

Revenue

93.

16,38,28,000

Capital

Special Compe at Plan for Scheduled Castes

8,88,03,99,000

Revenue 8,88,03,99,000

 94.        Tribal Area Sub-Plan
                                            Capital     2,05,57,05,000                      2,05,57,05,000
95.         Sports , Youth and Cultural     Revenue       : 1,23,01,000                        1,23,01,000
            Activities Department.
96.         Youth Services and Cultural     Revenue       31,37,71,000                       31,37,71,000
            Activity.
97.        Other expenditure pertaining to  Capital         25,35,000                           25,35,000
            Sports , Youth and Cultural
            Activities Department.
98 .       Urban Development and            Revenue        1,62,75,000                        1,62,75,000
           UrbanHousing Department...
99.        UrbanHousing                     Revenue       11,06,50,000     45,04,04,000      56,10,54,000

2,32,23,31,000

Revenue

2,32,23,31,000

100.

Urban Development

12,50,00,000

Capital

Revenue

25,01,03,000 1,02,11,03,000 101.

77,10,00,000

Compensation, Assignments andTax Collection Charges

1,68,21,000

Revenue

1,68,21,000

102.

18,60,000

18,60,000 .

Capital

Other expenditure pertaining to UrbanDevelopment and Urban Housing Department.

1,93,16,16,39,000 Total :

1,57,67,32,26,000 35,48,84,13,000

Revenue

50,73,65,81,000

9,81,67,19,000

40,91,98,62,000

Capital

2,43,89,82,20,000

45,30,51,32,000

Grand Total:

1,98,59,30,88,000

INDEX 19-9 GUJARAT GOVERNMENT GAZETTE , EX.24-3-2000

PART - V ]

STATEMENT OF OBJECTS AND REASONS

Article 204(1 ) of the Constitution of India requires that as soon as may be after the grants have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Cornsolidated Fund ofthe State, ofall moneys required to meet-

(a) the grants so made by the Assembly, and

(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the Statement previously laid before the Legislative Assembly .

TheBill accordingly specifies the gross amount required to meet grants made by the Assembly and the Expenditure charged on the Consolidated Fund of this State for the financial year ending on the 31st March, 2001 .

Rs .

The amounts are shown below :-

1,93,16,16,39,000

Revenue Expenditure

(a)

50,73,65,81,000

Capital Expenditure

(b)

Total :

2,43,89,82,20,000

VAJUBHAI VALA Dated the 24th March, 2000.

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

KUM. H.K. JHAVERI ,

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

Gandhinagar , dated the 24th March , 2000 .

V Ex.19-3

GOVERNMENT CENTRAL PRESS, GANDHINAGAR..

INDEX Extra No. 20

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

* The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI ]

MONDAY, MARCH 27, 2000/CAITRA 7, 1922

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

کسهاست

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS

( GUJARAT AMENDMENT) BILL , 2000.

GUJARAT BILL NO . 20 OF 2000 .

ABILL

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

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

1. This Act may be called the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 2000 .

Short title and com- mencement .

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

Bom. LIX of 1949 .

2. In the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the principal Act " ) , in section 19 ,-

Amendment of section 19 ofBom. LIX of1949.

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

(i ) for the words " in the same month in each succeeding year " , the words " on expiry of succeeding two and half years " shall be substituted; and

(ii) the words " and another to be the Deputy Mayor " shall be deleted;

V Ex. 20-1-

20-1

INDEX 20-2

[PART V GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-2000,

(2) before sub - section ( 1A) , the following sub- section shall be inserted, namely :-

"( 1AA) The Corporation shall at its first meeting after general election and at its first meeting in the same month in each succeeding year elect from amongst the councillors one of its members to be the Deputy Mayor. " .

3. In the principal Act, in section 29A,-

Amendment of section 29A of Bom. LIX of 1949.

(1) in sub- section ( 1 ) , for the words " State Government", the words "Municipal Corporation , subject to the rules made by the State Government, " shall be substituted;

(2) in sub- section (2) , clause (b) shall be deleted.

4. In the principal Act , in section 43 ,

Amendment of section 43 ofBom. LIX of1949.

(1 ) in sub -section (2) , for the words " shall have the same right of being present at a meeting of the Corporation and of taking " , the words " shall remain present at a meeting of the Corporation and to take " shall be substituted;

(2) in sub -section (4) , for the words " have the same right of being present at a meeting of Standing Committee or a Sub - Committee and of taking" , the words " remain present at a meeting of the Standing Committee or of a Sub - Committee and to take " shall be substituted .

5. In the principal Act, in section 67, after sub - section (3 ), the following sub - sections shall be inserted , namely :--

Amendment of section 67 of Bom. LIX of1949 .

"( 3A) (a) The Municipal Commissioner shall consult the Mayor in respect of any proposal involving policy, of development work on a large scale or having a large financial implication, before such proposal is submitted to the Standing Committee or to any other Committee .

(b ) Where the Mayor considers that any proposal involving development work is necessary to be undertaken, he may direct the Municipal Commissioner to place such proposal before the Municipal Corporation, Standing Committee or any other Committee , for its consideration .

(c) The Municipal Commissioner shall , while submitting any proposal to the Standing Committee or other Committees , send simultaneously a copy of such proposal to the Mayor for information .

(3AA) The Mayor may convene a meeting of the Deputy Mayor , Municipal Commissioner, Officers , Chairman and Members of the Committees of the Corporation for reveiwing the action taken in pursuance of the resolution passed by the Corporation, Standing Committee or other Special Committees of the Corporation in respect of undertaking the development works . The mayor may assign inter - se priority to such development works to be undertaken and give.. direction to the Municipal Commissioner to get such work to be undertaken immediately according to priority so assigned and the Municipal Commissioner shall , subject to the provisions of this Act, carry out such directions . "..

INDEX 20-3 PART VI

GUJARAT GOVERNMENT GAZETTE , EX . , 27-3-2000

Amendment of Bom. LIX of 1949. section343 of 6. In the principal Act , in section 343 , in sub- section (2 ) , for the portion beginning with the words such, excess charge " and ending with the words "may determine in this behalf " , the following shall be substituted , namely :

" such excess charge-

(a) not exceeding one hundred rupees as the Transport Manager, with the approval of the Transport Committee , may determine in this behalf, or

(b) equivalent to twenty times the ordinary single fåre , whichever is less . " .

7. In Appendix II to the principal Act ,

(a) inpart I, -

Amendment ofAppendix Hto Bom.

(i)

LIX of 1949. - against the fine of fifty rupees mentioned in column 2 , in column 1, the figures "381 " shall be deleted;

(ii) against the fine of one hundred rupees mentioned in column 2 , in column 1, the figures "382 " shall be deleted;

( iii) in column 2, below the fine "One thousand rupees " the fine of "Five thousand rupees" shall be added and against the fine of five thousand rupees as so added, in column 1 , the figures "381 " shall beadded;

( iv) in column 2, below the fine of "Five thousand rupees " as so added , the fine of " Seven thousand rupees" shall be added and against the fine of Seven thousand rupees as so added, in column. 1 , the figures "382" shall be added;

(b) inPart II, -

(i) against the fine of Five rupees mentioned in column 2, in col- umn 1 , the figures " 381 " shall be deleted;

(ii ) against the fine of Ten rupees mentioned in column 2, in column 1, the figures " 382 ", shall be deleted;

(

iii) against the fine of Fifty rupees mentioned in column 2, in col- umn 1 , after the figures and brackets "378 ( 1 )", the figures "381 " shall be inserted;

(iv) against the fine of One hundred rupees mentioned in column 2, in column 1 , after the figures , letter and brackets "284G(8 ) " , the figures "382" shall be inserted..

INDEX PARTV GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-2000

20-4

STATEMENT OF OBJECTS AND REASONS

The term of the office of the Mayor is fixed for a period of one year under section 19 of the Bombay Municipal Corporations Act, 1949. Such term is short one and inadequate for Mayor in discharging his duties efficiently. It is, therefore, proposed to amend section 19 so as to provide that the term of office of the Mayor shall be for a period of two and half years .

Under sub - section ( 1 ) of section 29A, the State Government is empowered to constitute ward committees and under clause (b) of sub -section (2) of said section 29A, the State Government is empowered to nominate members not exceeding five, to the Ward Committee. In order to allow the local self Government tomanage their own municipal affairs, it is proposed to take power to the Municipal Corporation to constitute ward committee . Section-29A is proposed to amend accordingly.

In order to have a proper co - ordination and to ensure proper implementation of the decision taken by the Corporation , it is made obligatory on the Municipal Commissioner to remain present at a meeting of the Corporation, Standing Committee and other Committees . Section 43 is proposed to amend accordingly.

With a view to have the views of the Mayor about matters involving policy, ofdevelopment work on a large scale , or having a large financial implication , it is proposed that Municipal Commissioner shall consult the Mayor for such proposals before the same is submitted to the Standing Committee or any other committees of the Corporation. It is also proposed that the Commissioner shall send simultaneously copy of all proposals to the Mayor, when he submits the proposal to the Standing Committee or any other Committee . New sub- section (3A) of section 67 is proposed to provide accordingly.

Since the Mayor is elected by the Councillor who are representative of the people, it is considered necessary that the Mayor may have power to convene meeting of the Deputy Mayor , Municipal Commissioner , Officers , Chairman and members of the committees of the Corporation and also to review the actions taken in respect of undertaking development works . He may also have power to assign inter -se priority to such development works and to give directions to the Municipal Commissioner for to get such work undertaken immediately according to priority so assigned. New sub- section (3AA) of section 67 is proposed to provide accordingly.

Sub - section (2) of sèction 343 imposed liability on a passenger travelling unauthorizedly in any vehicle of the Transport Undertaking without ticket or without payment of proper fare , to pay excess charge not exceeding ten rupees as the Transport Manager , with the approval of the Transport Committee, may determine in this behalf. With a view to discouraging the tendenciy of such unauthorized travel , it is considered necessary to increase the existing ceiling of excess charge from ten rupees to hundred rupees or a sum equivalent to twenty times the amount of fare , whichever is less . Amendment in sub - section (2) of section 343 is proposed to amend accordingly.

INDEX 20-5 GUJARAT GOVERNMENT GAZETTE, EX., 27-3-2000.

PART VI

It isalso considered necessary to enhance amount of the maximum fine in respect of offences of sale of the items specified in section 381 or carrying out the business as specified in section 382 without obtaining a licence .

This Bill seeks to amend the said Act to achieve the aforesaid objects .

PARMANAND KHATTAR

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative power in the following respects , namely: -

Clause 1. -Sub-clause (2) of this clause empowers the State Government to appoint, by notification in the Official Gazette , the date on which the Act shall come into force.

i The delegation of legislative power as aforesaid is necessary and is of a normal character..

PARMANAND KHATTAR .

Dated the 24th March , 2000.

By order and in the name of the Governor ofGujarat,

KUM . H. K. JHAVERI ,

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

Gandhinagar, dated the 24th March , 2000..

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

P V Ex. 20-2

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 21

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , MARCH 30 , 2000/ CAITRA 10, 1922

VOL. XLII

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 30th March , 2000 by Shri Usmangani Devadiwala M.L.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information .

GUJARAT BILL NO.21 OF 2000 .

TheGujarat Protection of interests of Depositors (in Financial Establishments) Bill , 2000 ,

ABILL

to provide for the protection of the interests of depositors of the Financial Establishments and in the State of Gujarat for matters relating thereto.

1. (1) This Act may be called the Gujarat Protection of Interests of Depositors (In Financial Establishments ) Act , 2000 .

Short title , extent and commence- .ment.

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

(3) it shall come into force at once .

2. In this Act , unless the context otherwise requires

Defini- tions .

(a),"Competent Authority " means the Competent Authority appointed under section 5;

(b) "Deposit" includes and shall be deemed always to have included any receipt of money or acceptance of any valuable commodity by any Financial Establishment to be returned after a specified period or otherwise , either in cash or in kind or in the form of a specified service with or without any benefit in the form of interest , bonus, profit or in any other form , but does not include-

V- Ex.21-1

21-1

INDEX [PART- V

30-3-2000

GUJARAT GOVERNMENT GAZETTE , EX .

21-2

15 of1992.

(1 ) amount raised by way of share capital or by way of debenture , bond orany other instrument covered under the guidelines given , and regulations made , by the SEBI , established under the Securities and Exchange Board ofIndia Act, 1992 ;

(ii) amounts contributed as capital by partners of firm ;

10 of 1949.

(iii) amounts received from a Scheduled Bank or a Co -operative Bankor any other banking company as defined in clause (c) of section 5 of the Banking Regulations Act , 1949;

(iv) any amount received from ,

(a) the Industrial Development Bank of India,

(b) the Gujarat State Financial corporation ,

18 of 1964.

: (c) any financial institution specified by or under section 6A of the Industrial Development Bank of India Act, 1964, or

(d) any other institution that may be specified by the Government in thisbehalf;

(v) amounts received in the ordinary course of businessby way of, -

(a) security deposit,

(b ) dealership deposit ,

(c)eamest money,

(d) advance against order for goods or services ;

(vi ) anyamount received from an individual or a firm or an association of individuals not being a body corporate ,'registered under any enactment relating to moneylending which is for thetime being in force in the State ; and

(vii ) any amount received by way of subscriptions in respect of a Chit .

Explanation I .-" Chit " has the meaning as assigned to it in clause (b) of 40 of 1982 . section 2 of the Chit Funds Act , 1962 ;

10 of 1949.

Explanation II .-Any credit given by a seller to a buyer on the sale of any property ( whether movable or immovable ) shall not be deemed to be deposit for the purposes of this clause ;

(d) " Financial Establishment " means any person accepting deposit under any scheme or arrangement or in any other manner but does not include

INDEX 21-3

EX.30-3-2000

GUJARAT GOVERNMENT GAZETTE ,

PART - V ]

a corporation or a Co - operative society owned or controlled by any State Govemmentofthe Central Govemmenror a banking company as defined under clause (c) of section 5 of the Banking Regulations Act , 1949;

(e) "Government " means the Government of the State of Gujarat

Financial Establish- Fraudulent default by ment .

3. Any Financial Establishment , which fraudulently defaults any repayment of deposit on maturity along with any benefit in the form of interest , bonus, profit orin any other form as promised or fraudulently fails to renderservice as assured against the deposit every person including the promoter, partner, director , manager or any other person or an employee responsible for the management ofor conducting of the business or affairs of such Financial Establishment shall , on conviction , be punished with imprisonment for a term which may extend to six years and with fine which may extend to one lac of rupees and such Financial Establishment also shall be liable for a fine which may extend to one lac of rupees..

Explanation . For the purpose of this section, a Financial Establishment,

which commitsdefault in repayment of such deposit with such benefits in the form of interect , bonus , profit or in any other form as promised or fails to render any specified service Promised against such deposit, or fails to render any specific Service agreed against the deposit with an intention ofcausing wrongful gain to one person or wrongful loss to another persori or commits such default due to its inability arising out of impracticable or, commercially not viable promises made while accepting such deposit or arising out of deployment of money or assets acquired out of the deposits in such a manner as it involves inherent risk in recovering the same when needed shall, be deemed to have committed a default or failed to render the specific service , fradulently.

time being in force,- (1 ) Notwithstanding anything contained in any other law for the

ofproper- tieson defaultof Attachment return of deposits.

(i )where upon complaints received from the depositors or otherwise , the Govemment is satisfied that any Financial Establishment has failed,-

(a) to return the deposit after maturity or on demand by the depositor; or

(b ) to pay interest or other assured benefit ;

(ii) where the Government has reason to believe that any Financial Establishment is acting in a calculated manner detrimental to the interest of the depositors with an intention to defraud them;

and if the Government is satisfied that such Financial Establishment is not likely to retum the deposits or make payment of interest or other benefits assured or to provide the services against which the deposit is received, the Government may, in order to protect the interest of the depositors of such Financial Establishment, after recording reasons in writing , issue an order by publishing it in the Official Gazette , attaching the money or other property

INDEX [PART- V

30-3-2000

21-4

GUJARAT GOVERNMENT GAZETTE , EX .

believed to have been acquired by such Financial Establishment either in its own name or in the name of any other person from out of the deposits , collectedby the Financial Establishment, or if it transpires that such money or other property is not available for attachment or not sufficient for repayment of the deposits, such otherproperty of the said Financial Establishment or the promoter , director or partner or manager or member of the said Financial Establishment as the Government may think fit.

(2) On the publication of the orderunder sub - section (1 ) , all the properties and assets of the Financial Establishment and the persons mentioned therein shall forthwith vest in the Competent Authority appointed by the Government, periding further order from the Designated Court .

(3) The Collector of a District shall be competent to receive the complaints from his District under sub -section (1 ) and he shall forward the same together with his report to the Govemment at the earliest and shall send a copy ofthe complaint also to the concerned District Police Superintendent or Commis- sioner of Police , as the case may be, for investigation .

Appoint- ment of Competent Authority.

5. (1) The Govemment may while issuing the order under sub- section (1 ) of section 4, appoint any of its officers not below the rank of the Deputy Collector, as the Competent Authority , to exercise control over the monies and the properties attached by the Government under section 4, of a Financial Establishment.

(2) The Competent Authority shall have such other powers as may be necessary for carrying out the purposes of this Act .

(3) The Competent Authority shall , within thirty days from the date of thepublication of the said order, applyto the Designated Court , accompainedby one or more affidavits stating the grounds on which the Government has issued the said order under section 4 and the amount of money or other property believed to have been acquired out of the deposits and the details , if any, of persons in whose name such property is believed to have been invested or acquired or any other property attached under section 4, for such further.orders as found necessary .

Designated Court.

6. (1) For the purposes of this Act , the Government may, with the concurrence of the Chief Justice of the Gujarat High Court, by notification in the Official Gazette, constitute one or more Designated Court in the cadre of a District and Sessions Judge for such area or areas or for such case or class or group of cases , as may be specified in the notification . ;

5of1920. 3. of 1909.

(2) No court including the court constituted under the Presidency Towns InsolvencyAct, 1909 and the Provincial InsolvencyAct, 1920, otherthan theDesignated Court shall have jurisdiction in respect ofany matter to which the provisions ofthis Actapply.

(3) Any pending case in any other court to which the provisions ofthis Act apply shall , on the date of coming into force of this Act , stand transferred to the Designated Court.

INDEX 21-5 PART - V ] GUJARAT GOVERNMENT GAZETTE , EX.30-3-2000

Court Powers of Designated. regarding attachment.

7. (1)Upon receipt of an application undersection 5, the Designated Court shall issue to the Financial Establishment or to any other person whose property is attached and vested in the Competent Authority by the Government under section 4, a notice accompanied by the application and affidavits and of the evidence, if any, recorded, calling upon the said Establishment or the said person to show cause on a date to be specified in the notice , why the order of attachment should not be made absolute ...

(2). TheDesignated Court shall also issue such notice , to all other persons represented to it as having or being likely to claim , any interest or title in the property of the Financial Establishment or the person to whom the notice is issued under sub-section ( 1 ) , calling upon all such persons to appear on the same date as that specified in the notice and make objection if they so desireto the attachment of the property or any portion thereof , on the ground that they' have interest in such property or portion thereof.

(3). Any person claiming an interest in the property attached or any portion thereof may, notwithstanding that no notice has been served upon him under this section , make an objection as aforesaid to the Designated Courtatany time before an order is passed under sub - section (4) or sub - section (6) .

(4) The Designated Court shall, if no cause is shown and no objections are made undersub -section (3) , on orbefore the specified date , forthwith pass an order making the order of attachment absolute, and issuė such direction asmay be necessary for realisation of the assets attached and for the equitable disribution almong the depositors of the money realised from out of the property attached.

5 of1908.

(5) If cause is shown or any objection is made as aforesaid , the Designated Court shall proceed to investigate the same and in so doing, as regards the examination of the parties and in all other respects , the Designated Courtshall , subject to the provisions of this Act, follow the summary procedure ascontemplated under Order 37 of the Civil Procedure Code , 1908 and exercise all the powers of a court in hearing a suit under the said Code and any person making an objection shall be required to , adduce evidence to show that on the date of the attachment he had some interest in the property attached ...

(6) After investigation under sub-section (5) , the Designated Court shall pass an order either making the order of attachment passed under sub- section (1) ofsection 4absolute orvarying it by releasing a portion oftheproperty from attachment or cancelling the order ofattachment :

Provided that the Designated Court shall not release from attachment any interest, which it is satisfied that the Financial Establishment or the person referred to in sub- section (1 ) has in the property, unless it is also satisfied that therewill remain under attachment'an amount or property of value not less than the value that is required for repayment to the depositors of such Financial Establishment.

V- Ex-21-2

INDEX 21-6

GUJARAT GOVERNMENT GAZETTE , EX . 30-3-2000

[ PART -V

Attachment of property ofmalafide transferees..

8. (1) Where the assets available for attachment of a Financial Establishment or other person referred to in section 4 are found to be less than the amount or value which such Financial Establishment is requiredto re-pay to the depositors and where the Designated Court is satisfied , by affidavit or otherwise, that there is reasonable cause for believing that the said Financial 'Establishment has transferred (whether before or after the commencement of this Act) any of the property otherwise than in good faith and for consideration , the Designated Court may, by notice , require any transferee of such property (whether or not he received the property directly from the said Financial Establishment ) to appear on a date to be specified in the notice and show cause why so much of the transferee's property: as is equivalent to the proper value of the property transferred should not be attached.

(2) Where the said transferee does not appear and show cause on the specified date, or where after investigation in the manner provided in sub-section (5) of section 7, the Designated Court is satisfied that the transfer of the property to the said transferee was not in good faith and for consideration, the Designated Court shall order the attachment of so much of the said transferee's property as is in the opinion of the Designated Court equivalentto the proper value of the property transferred.

Security in lieu of attachement .

9. Any Financial Establishment or person whose property has been or is about to be attached under this Act may, at any time, apply to the Designated Court for permission to give security in lieu of such attachment andwhere the secütiry offered and given is, in the opinion of the Designated Court, satisfactory and sufficient, it may cancel , the order of attachment or, as the case may be , refrain from passing the order of attachment .

Administration ofproperty attached ..

10. The Designated Court may, on the application of any person interested in any property attached and vested in the Competent Authority under this Act and after giving the Competent Authority an opportunity of being heard, make such order as the Designated Court condiders just and reasonable for-

(a) providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in , such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicantwhere criminal procedings have been instituted against him in the Designated Court under section 3;

(b) safeguarding , so far as may be practicable the interest of any business affected by the attachment and in particular, the interest of any partners in such business .

Appeal .

11. Any person including the Competent Authority, ifaggrieved by an order of the Designated Court , may appeal to the High Court within sixty days from the date of the order.

Special Public Prosecutor. 12, The Government may, by order , appoint one or more Advocates of not less than ten years standing as a Special Public Prosecutor in consultation with the District and Sessions Judge of the concerned District or the Principal Judge of the City Civil and Sessions Court,.

INDEX 21-7

EX.30-3-2000

GUJARAT GOVERNMENT GAZETTE ,

PART - V )

for the purpose of conducting the cases in the Designated Court .

2of1974.

13. (1) The designated Court may take congnizance of the offence wihtout the accused being committed to it for trial and, in trying the accused person , shallfollow the procedure pescribed in the Code of Criminal Procedure , 1973, for the trial of warrant casesby Magistrates .

Procedure and powers of Designated Court regarding offences .

2 of 1974.

(2) .The provisions of the Code of Criminal Procedure , 1973, shall , so far as maybe , apply to the proceedings before a Designated Court and for the purposes of the said provisions a Designated Court shall be.. deemed to be a Magistrate .

Actto override other laws .

14. Save as otherwise provided in this Act , the provisions of this Act shall have effect notwithstanding anything inconsistant therewith contained in any other law for the time being in force or any custom or usage or any instrument having effectby virtue of any such law.

Protection of action taken ingood faith .

15. No suit or other proceedings shall lie against the Government or the Competent Authority or an officer or employee of the Government for anything which is in good faith done or intended to be done under this Act .

Powerto make rules .

16. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act .

(2) Every rule made under this Act shallbe laid , as soon as may be, after it is made , before the State Legislature , while it is in session for atotal period of thirty days , which may be comprised in one session or in twò successive sessions , and if, before the expiry of the sessions in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or House agree that the rule should not be made , the rule shall have effect only in such modified form or be of no effect, as the case may be , so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Power to remove difficulties.

17. If any difficulty arise in giving effect to the provisions of this Act , the Government may, as occasion arise, by order, do anything , not inconsistent with the provisions of this Act , which appears to it to be neccessary to remove thedifficulty:

Provided that , no such order shall for made after the expirty of a period . of two years from the date of commencement of this Act .

DEVADIWALA , Ahmedabad.

USMANGANI

M.L.A.

Dated the 15th February, 2000

INDEX [PART -V 21-8

GUJARAT GOVERNMENT GAZETTE , EX . 30-3-2000

STATEMENT OF OBJECTS AND REASONS

There has been mushroom growth of Financial Establishments in the State of Gujarat in the recent past . The sole object of these Establishments has been of grabbing money received as deposits from public, mostly middle class and poor on the promises of unprecedented highly attractive rates of interest or rewards and without any obligation to refund the deposit to the investors on maturity or without any provision for ensuring rendering of the services in kind in return , as assured . Many ofthese Financial Establishments have been defaulting to return the deposits on maturity or to pay interest or render the services in kind , in return , as assured to the public . As such deposits ran into crores of rupees , it had resulted in great public resentment and uproar, creating- law and order problem in the State of GUJARAT which is treated as one of the financial markets in India . It is , therefore , expedient to make a suitable special legislation in the public interest to curb the unscrupulous activities of such Financial Establishments in the State of GUJARAT.

Ahmedabad.

USMANGANI DEVADIWALA, M.L..A.

Dated the 15th February, 2000

INDEX 21-9.

GUJARAT GOVERNMENT GAZETTE , EX.30-3-2000

PART - V ]

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub- clause ( 1) of clause 5 of the Bill empowers the State Government for the appointment of any of its officers not below the rank of a Deputy Collector as the competent Authority for the purpose of this Act

Sub -clause ( 1 ) of clause 6 of the Bill empowers the State Government for the constitution of designated courts by notification for such area or areas or for such cases or class of group of cases as may be specified in the notification .

Clause 12 of the Bill empower the State Govemment to appoint special public prosecutor for conducting the cases in the designated Courts

Clause 16 of the Bill empowers the State Government to make rules for carrying out the purposes of the Act .

The delegation of Legislative powers as aforesaid is necessary and of normal character .

USMANGANI DEVADIWALA ,

Ahmedabad.

M.L.A.

Dated the 15th February, 2000

V-EX21-3

INDEX 21-10

GUJARAT GOVERNMENT GAZETTE , EX.30-3-2000

[ PART-V

FINANCIAL MEMORANDUM

Clause 6 of the Bill provides for the constitution of the designated court and clause 12 provides for the appointment of Advocates as Special Public Prosecutor for the purposes of conducting the cases in the designated courts. These provisions , if enacted , and brought into operation , would involve a recuring expenditure of about ten lacs every year from the Consolidated Fund ofthe State.

Ahmedabad.

USMANGANI DEVADIWALA, M.L.A.

Dated the 15th February, 2000

K.M.PANCHAL

Gandhinagar ,

Secretary

Dated 30th March , 2000 .

Gujarat Legislative Assembly

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 22

REGISTERED NO . G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY , MARCH 30 , 2000/ CAITRA 10 , 1922

VOL . XLI ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly .

The following Bill which was introduced on the 30th March , 2000 by Shri Dr. Mayaben Kodanani M.L.A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information .

GUJARAT BILL NO.22 OF 2000 .

The Gujarat Women's Commission Bill , 2000 .

ABill

toprovide for the constitution of aWomen's Commission to improve the status of women in the State of Gujarat and to enquire into unfair practices affecting women and for matters connected therewith or incidental thereto.

It is hereby enacted in the fifty first year ofthe Republic of India as follows:-

1. (1) ThisAct maybe called the Gujarat Women's Commission Act, 2000,

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

Shorttitle extent and commen- cement (3) It shall come into force on such date as the Government may, by' notification in the official Gazette , appoint .

Definitions 2 Inthis Act , Unless the context otherwise requires:-

(a) "Commission " means the Gujarat State Commission for Women constitutedunder section 5.

(b) "Director" means the Diorector appointed by the State Government under section 12 , for the Commission.

"Government " means the Government of the State ofGujarat .

(c)

(d) "Member " means a Member of the Commission and includes the Chairperson.

(e) "Person" includes a firm, company, corporation or any public undertaking association of persons or the Government and it's agencies including agencies receiving aid from the Government.

(f) "Prescribed means prescribed by rules made under this Act;

(8) "Public Servent " means any employee of the Government or a local body or any córporation owned or controlled by the Government or any Government agency or any public undertaking.

(h ) "Registered " means registered with the commission under the Act .

22-1

V- Ex.22-1

INDEX [PART- V .

GUJARAT GOVERNMENT GAZETTE , ΕΧ . 30-3-2000

(i) "Unfair practice " means any distinction, exclusion or restriction made on the basis of sex for the purpose of or which has the effect of impairing or nullifying the recognition, enjoyment or exercise by women of fundamental constitutional rights , or of human rights, or of fundamental freedom in the political, economie, social, cultural, civil or any other field or the infringment of any right or benefit conferred on women by or under the provisions of any law for the time being in force orthemental orphysical torture or sexual excesses on women.

3. ThisAct shall not apply to ,

(i) (1) the central Government , or

Act notto apply in certain cases

any public sector undertaking ofthe central Government , or any other institution controlled or financed directly by the central Governiment, Provided that if any case involving person or persons belonging to these offices comes up before the State Commission, the State Commission will have the power to send the matter to the National womens Commission with its findings and recommendations.

Applica-

tionof other laws notbarred

Save as otherwise provided, the provisions of this Act, shall be in addition to and inderogation of, any other law for the time being in force, except to the extent the provisions of other law are inconsistent withthe provisions ofthis Act.

Constitu- tionofthe Commi- ssion

(1) For the purpose of this Act, the Government, shall by notification in the official Gazette constitute a Commission to be known as the Gujarat Women's Commission which shall consist of a Chair person. and not more than six other members to be appointed bythe Government of which one shall be a women belonging to Scheduled Caste or Scheduled Tribe.

(2) The chairperson shall be an eminent women committed to the cause of women with sufficient knowledge and experience in dealing with somen problems.

(3) The members of the Commission shall be persons of ability, integrity, intelligence and standing and having adequate knowledge or experience or have shown ability in dealing with problems relating to safeguarding andpromoting the interest ofwomen and protecting their rights..

6 (1) Every member of the commission shall hold office for a period of 3 years .

Notwithstanding anything contained in sub-section (1) a member may, - (2)

(i) by writing under his hand and addressed to the Government resign his

Terms of office Condi-tions ofservice ofmembers

officeatanytime. (ii) be removed from his office in accordance with the provisions of section 11.

(3) Avacancy arising by reason of resignation or removal of any member ofthe Commission under sub- section (2) or otherwise shall be filled up in accordance with the provisions contained in Section 5.

Provided that a person so appointed shall hold office for the remaining period ofthe term of the person in whose place such person is appointed.

(4) The remuneration payable to the members shall be fixed by the Government:

7.. Thequorum for a meeting of the Commission shall be three.

Quorum

Disposal of 8. Bussiness.

(1) The meeting of the Commission shall be presided over by the Chairperson or in her absence a member chosen for the purpose by the members present.

(2) All questions at a meeting of the Commission shall be decided by the majority of the votes of the members present and voting and in case of equality of votes the Chairperson or the member presiding, as the case maybe, shall have second or casting vote.

INDEX 22-3 GUJARAT GOVERNMENT GAZETTE , EX . 30-3-2000

PART - V ]

(3) The Commission may invite, if it is considered necessary, for such purpose and on such conditions as may be prescribed, any person with expert knowledge in a particular subject to be present at the meeting to assist the Commission in arriving at a decision, but such person shallnot beentitled to vote

(4) In case the outlying regions are not properly represented in the Commission , or if the Commission decides so , the Commission can constitute committees in the outlying regions to help it to dispensewith issues thereon, the constitution of which may be decided by the Commission.

9. (1) The commission may for the purpose of transacting any business before it or for any special issue constitute an adhoc committee consisting of,-

(a) not more than two members of the Commission.

Constitu tion of adhoc commi- ttees (b)not more than two experts on the particular subject before the Commission...

(2) Ifthe chairperson is a member of the Committee, the chairperson or any other members shall preside over the meeting of the committee.

(3) The final report of the adhoc committee shall be placed before the Commission for its approval and on the approval thereof by the Commission, it shall be deemed to be the report of the Commission.

(4) The person in the adhoc committee shall be paid such remuneration as maybeprescribed.

10.

No act or proceeding of the Commission shall be invalidated by reason only of any or irregularity in its constitution or on the ground of existance ofany vacancy in the commission of any member.

Actsof the com- mission not tobe inyali- datedby infermity orany vacancy etc.

11.

Any member of the Commission may be removed from office by an order of the Government , if she ,-

becomes an undischarged insolvent,

Removal of members from office (a) (b) is convicted and sentenced to imprisonment for an offence which involve moral turpitude,

(d) is without obtaining leave of absence from the commission, absence in 3 consecutive meeting of the Commission, or

(e) inthe opinion of the Government has so abused the position of Chair or member as to render that person's continuance in the office detrimental to the public interest, Provided that a member shall not be removed under this sectionuntil that person has been given a reasonable opportunity ofbeingheard in the matter.

Appoint- ment of director and other commi- staffof ssion 12 (1 ) The Government may, in consultation with the Commission, appoint a Director for making investingations for the purposes of this Act and carry out directives given to him by the Commission besides the functions conferred on him by this Act . The Government may appoint such other staff as may be necessary to assist the Commission by deputation or by the direct recruitment and prescribe their conditions of service. Any other officer may essentially be appointed

(2) The qualifications , terms of appointment and other conditions of service ofthe Director and other staff shall be such as may be prescribed .

In the discharge of their functions under this Act, the Director and the other staff shall be subject to the administrative control of the Chairperson, (3)

INDEX 22-4

GUJARAT GOVERNMENT GAZETTE , EX . 30-3-2000

[ PART - V

13.

Registra- tionof woman's

organi- sations

(1) Any women's organisation governed by written rules; regulations or by- laws and working for the uplift , development , welfare or promotion of the interest ofwomen or women's wing of any other organisation having all' or any ofthe above activities as one of the objectives may apply to the Director for registeration of such organisation with the Commission, in such form and in such manner as may be preseribed.

(2) The Director shall verify the applications in such manner as may be prescribed and recommend to the commission, the organisations qualified for registration and reject the other applications.

(3) The commission may consider the recommendations and direct that the name and particulars of the organisations qualified to be entered in the register maintained for the purpose in the manner prescribed and shall issue a certificate of registration in the prescribed form.

(4) The Commission may at any time, either on its own motion or otherwise cancel the registration after giving an opportunity to be heard and on being satisfied that it is no longer qualified to continue as a registered organisation.

(5) The party aggrieved by the decision of the Director under sub - section(2) may file on appeal before the Commission within such time and in such manner as may be prescribed and there upon the Commission shall after conducting such enquiry as it deems fit and giving the party an oppotunity ofbeing heard, pass appropriate orders thereon.

V of 1908 Powerof theCommi ssion

14. (1) The Commission shall, for the purpose of any enquiry under this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, V of 1908 in respect ofthe following matters, namely, -

(a) summoning and enforcing the attendance of any witness and examining him mouth .

(b) requiring the discovery and production of any document .

(d) requisitioning any public records or copy thereof from any public office.

(e) issuing Commissions for the examination of witnesses.

(2)

XLV of 1860 Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penalo Code XLV of 1860 and the Commission shall be deenied to be a court for the purpose of section 195 of the Code of Criminal Procedure, 1973.

15. (1) . The Commission shall perform all or any of the following function namely,

Functions ofthe Commi- ssion

(i) inquire into any unfair practice , take decision thereon and -to recommend to the Government the action to be taken in that matter.

(ii) cause investigations to be made by the Director on issues of importance concerning women and issues concerning unfair practices and to report thereon to the Government on the corrective measures to be taken;

submit to the Government annual reports on

(iii) (a) the lacunae , inadequacies or short comings in the laws in force which affect the constitutional right to equality and fair treatment of women and also on the remedial legislative measures to be taken to meet the situations;

(b) monitoring of the working of laws in force concerning womenwith a view to identifying areas where the enforcement of laws is not adequately effective or has not been streamlined and recommending executive or legislative measures to be taken;

INDEX 22-5 PART - V ] GUJARAT GOVERNMENT GAZETTE , EX 30-3-2000

(c) monitering the recruitments and promotions made within the State and scrutinising the rules and regulations governing such recruitments and promotions with a view to reporting to the Government action, if any, required to guarantee equal opportunity to the women in the matter, of such recruitments andpromotions:

(iv) (a) înspect or cause to be inspected, by the Director or any officer ofthe commission authorised by the commission in that behalf, prisons, police stations , lock-ups, sub -jails, rescue homes or other places of custody where women are kept as prisoners or otherwise, or shelters for women or other places run by the Government, for the purpose of offering rescue or shelter to women, or hostels intended for women or girls by any person and such other places wherein unfair practice to women is complained ofand cause further inquiries to be made about the treatment that women and girls are subjected to at such places and to report to the Government for remedial actions .

(b) in case where the Commission is of the view that any public servent has been grossly negligent or grossly indifferent in regard to the discharge of his duties in relation to the protection of interest of women, recommend to the concerned disciplinary authority to initiate disciplinary action;

(v) recommend to the Government, the welfare measures to be adopted and implemented by the Government with a view to ameliorating the conditions ofwomen.

(vi). formulate a comprehensive and affirmative scheme for securing * equal opportunities to women and devise a programme for implementing such scheme which shall be forwarded to the Government for approval and on obtaining approval thereof with or without modifications , implement the same.

empower the Director to recommend to the appropriate authority to take prosecution proceedings in respect of offence committed against women under any status providing for penalty for violations of the provisions of such statute. (vii)

maintain comprehensive data bank relating to the social, economic political conditions of the women including comparative study, updating the same from time to time making available such data for use in actions for vindication of the (viii) rights ofwomen;

(ix) recommend to the Government to initiate legislation for removal of discrimination in the case of inheritance, guardianship, adoption or for matters relating to the safeguarding of the dignity of women and the honour of motherhood.

(x) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal ;

(xi) (xii) participate and advise on the planning process of socio- economic development of women; find litigation involving issues affecting a large body ofwomen;

(xiii) make periodical reports to the government on any matter pertaining , to women and in particular various difficulties under which women to ;

(xiv) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identity factors responsible for impending their advancement such as lack of access to housing and basic services, inadequate support services and technologies for, reducing drugery and occupational health hazards and increasing their productivity;

any other matter which may be referred to it by the Government. (xv)

V Ex . 22-2

INDEX 22-6

30-3-2000

: [PART-V- GUJARAT GOVERNMENT GAZETTE , EX .

16.

Grantby the State Govern ment

(1 ) The State Government shall, after due appropriation made by legislation bylaw in this behalf pay to the Commissionby way of grants such sums ofmoney as the State Government may think fit for being utilised for the purposes of this Act.

(2) The Commission may spend such sums as it think fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out ofthe grants, referred to in sub-section(1).

17.

Accounts and audit

(1) The commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may beprescribed by the State Government in consultation with Comptroller andAuditor-General of India.

(2) The accounts ofthe Commission shall be audited by the Comptroller and Auditor-General of India.

18 .

Annual report

The Commission shall prepare, in such form and at such time,, for each year, as may be prescribed, its annual report giving a full financial account of its activities during the previous financial year and forward a copy thereof to the State Government and the State Government shall cause it tobe laid before the Legislature as soon as possible .

(1 )

19.

Powerto makeRules

The State Government may, by notification in the official Gazette, make rules for carrying out the purposes ofthisAct.

(2) The rules made under this section shall be subject to the condition of previous publications in the official Gazette

(3 ) All rules niade under this section shall be laid before State Legislatuere for not less thirty days as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session inwhich they are so laid or the session immediately following thereafter...

Dr. Mayaben Kodnani Gandhinagar.

M.L.A.

Dated:-7/3/2000:

INDEX 22-7

EX , 30-3-2000

GUJARAT GOVERNMENT GAZETTE ,

PART - V ]

STATEMENT OF OBJECTS AND REASONS

The country cannot progress as long as the unequality persists with reference to half ofits population. Unequal status ofwomen in every sphere of life, demands setting up of a Women's Commission in the State ofGujarat, consisting of a Chair person and six other members.

The main task ofthe Commission shall be to study and monitor all matters relating to the constitutional and legal safeguards provided for women and to review the existing legislations and suggest amendments, where ever necessary.

The Commission shall protect the rights of the women so as to enable them to achieve equality in all spheres of life and equal participation in the development ofthe nation.

Hence,thisBill.

Dr. MayabenKodnani .

Gandhinagar.

M.L.A. Dated: 7/3/2000

INDEX 22-8

GUJARAT GOVERNMENT GAZETTE , EX . 30-3-2000

[PART-V

FINANCIALMEMORANDUM

Sub-clause (4) of clause 6 provides for remunaration payable to the members of the commission, sub-clause (1 ) of clause 12 of the Bill provides for salaries and the allowances to the Director and other staff of the Commission and clause 6 of the Bill provides payment of grants to the commissions for utilisation for carrying out the activities ofthe commission. This Bill if encted, and brought in to operation, would involve recurring expenditure approximately of about Rs. 1 crore from the Consolidagted Fund of the State.

Dr.Mayaben Koduani

Gandhinagar.

M.L.A.

Date:-7th March, 2000

INDEX 22-9

EX.30-3-2000

PART - V ] GUJARAT GOVERNMENT GAZETTE ,

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub Clause (3 ) of clause 1 empowers the State Government to appoint the date on which the Act shall come into force .

Sub Clausxe ( 1 ) of clause 5 empowers the State Government to Constitute a commission to be known "The Gujarat Women's Commission " and appoint six other members on the Commission .

Sub Clause (4 ) of Clause 6 empowers the State Government to fix the remuneration payble to the members of the Commission .

Clause -12 empowers the State Government to appoint Director and other Staff of the commission and the terms and conditions therefor .

Sub -clause ( 1 ) of clause 17 empowers the State Government to prescribed the form in which the accounts of the Commission shall be maintained.

Clause 19 empowers the State Government to make rules for carrying out the purposes of the Act .

The delegation of Legislative powers as aforesaid is essential and is of normal charactor , :

Dr. Mayaben Kodnani Gandhinagar.

M.L.A Dated 7th March , 2000

K.M.PANCHAL Gandhinagar ,

Secretary Dated 30th March , 2000 .

Gujarat Legislative Assembly

V- Ex- 22-3

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 23

File orth ©

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, SEPTEMBER 11 , 2000/BHADRA 20 , 1922

Vol XLIJ

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported) .

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT KHAR LANDS (REPEAL) BILL , 2000.

GUJARAT BILL NO . 23 OF 2000 .

ABILL

to repeal the Gujarat Khar Lands Act, 1963 and to provide for certain matters incidental thereto .

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

1. (1) This Act may be called the Gujarat Khar Lands (Repeal ) Act , 2000 . Short title ncement . and comme- (2) It shall be deemed to have come into force on the 7th June , 2000.

Definitions .

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

(a) " Act " means the Gujarat Khar Lands Act , 1963 ;

Guj . 17 of 1964.

(b)" appointed day " means the date on which this Act comes into force .

3. ( 1 ) On the appointed day , the Gujarat Khar Lands Act , 1963 shall Guj .17 of 1964. stand repealed and the Gujarat Khar Lands Development Board established under section 3 of the Act shall stand dissolved and the Chairman and all members thereof shall vacate office ; and on such dissolution , the following consequences shall ensue , that is to say,-

Repeal of Guj . 17 of 1964 and dissolution ofKhar Lands Development Board.

V-EX-23-1

23-1

INDEX [PART -V GUJARAT GOVERNMENT GAZETTE , ΕΧ. 11-9-2000

23-2

(a) the Committee appointed by the Board under section 19 of the Act shall stand dissolved and the Chairman and all members thereof shall vacate office;

(b) all the rights of the dissolved Board shall be the rights of the State Government and any proceeding or cause of action pending or existing 'immediately before the appointed day by or against the dissolved Board in relation to such right may, as from the appointed day, be continued or enforced by or against the State Government ;

(c) all property, movable and immovable (including all moneys received by the dissolved Board and all moneys in its own fund and in its maintenance fund) which immediately before the appointed day vested in the dissolved Board shall , subject to all limitations and conditions as were in force immediately before such day, stand transferred to and vest in the State Government ;

(d) all sums due to the dissolved Board on any account shall be recoverable by the State Government which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Board. to take or institute had this Act had not come into force;

(e) all debts , liabilities and obligations incurred by or on behalf of the dissolved Board before the appointed day and subsisting on that day, shall be deemed to be debts , liabilities and obligations of the State Government, and any proceedings or cause of action pending or existing immediately before the appointed day by or against the dissolved Board in relation to such debt, liability or obligation may, as from the appointed day, be continued or enforced by or against the State Government ;

(2) The repeal of the Act by sub -section ( 1 ) shall not affect-

(a) (i) any right of the State Government to recover under section 28 , the loans granted under section 27 of the Act,

(ii) any liability of a person whether jointly or severally to pay the amount of loan or a portion thereof to the State Government under section 29 of the Act,

(iii) liability of forfeiture of lease of land under section 30 of the Act,.

(iv) any penalty incurred in respect of an offence punishable under section 40 of the Act,

(v) any investigation or legal proceeding in respect of any such recovery or such forfeiture or such penalty,

and any such investigation or legal proceeding may be instituted or continued and any such recovery may be made or lease of land may be forfeited or any such penalty may be imposed as if the Act were not repealed;

INDEX 23-3-

GUJARAT GOVERNMENT GAZETTE, EX. 11-9-2000

PART -V]

(b) such of the schemes published under sub - section (3 ) of section 13 of the Act which are under execution by the Board on the date immediately before the appointed day and their execution shall be continued and completed by the State Government .

(3) The State Government may, by an order published in the Official Gazette, entrust the execution of schemes referred to in clause (b) of sub- section (2) to any body or corporation owned or controlled by the State Government and confer by a like order on such body or corporation, any of its powers as may be necessary for such execution.

4. ( 1 ) The Gujarat Khar Lands (Repeal ) Ordinance , 2000 is hereby repealed.

Repeal and savings .

Guj . Ord.1 of 2000.

(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 [PART -V

GUJARAT GOVERNMENT GAZETTE, EX. 11-9-2000

23-4

STATEMENT OF OBJECTS AND REASONS

The Gujarat Khar Lands Act, 1963 was enacted to provide for the protection and improvement of Khar lands and the reclamation of tidal lands in the State of Gujarat by the construction and maintenance of embankments and for that purpose , the Khar Lands Development Board was established by the State Government . On reviewing the activities ofthe Khar Lands Development Board, it was considered necessary to repeal the Gujarat Khar Lands Act, 1963 and to dissolve the Board . A provision is made to the effect that the scheme published under sub - section (3 ) of section 13 of the said Act and which is under execution by the Board shall be continued and completed by the State Government . A power is taken to entrust the execution of such scheme to any body or corporation owned or controlled by the State Government.

2. As the Gujarat Legislative Assembly was not in session, the Gujarat Khar Lands (Repeal) Ordinance, 2000 was promulgated to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

BECHARBHAI BHADANI

Dated the 4th September, 2000.

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

B. L. MEHTA ,

Gandhinagar , Dated the 11th September ,2000.

Secretary to Government, Legislative and Parliamentary Affairs Department .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 24

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, SEPTEMBER 11 , 2000/BHADRA 20, 1922

Vol XLI]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette. The date of publication to be reported . )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT STATE GUARANTEES ( SECOND AMENDMENT )

BILL, 2000.

GUJARAT BILL NO . 24 OF 2000 .

ABILL

1 further to amend the Gujarat State Guarantees Act, 1963.

It is hereby enacted in the Fifty -first Year of the Republic of India asfollows : ~~

1. ( 1 ) This Act may be called the Gujarat State Guarantees ( Second Amendment) Act , 2000 .

Short title and commence- ment.

( 2) It shall be deemed to have come into force on the 11th July, 2000 .

Guj . XXII of1963.

2. In the Gujarat State Guarantees Act , 1963 ( hereinafter referred to as " the principal Act" ) , in section 2 , in sub- section ( 1 ) , for the letters and figures " Rs . 140,00,00,00,000 " , the letters and figures " Rs . 160,00,00,00,000 " shall be substituted .

Amend- ment of section 2 of Guj . XXII of1963.

V-EX-24-1

24-1

INDEX 24-2

[PART -V GUJARAT GOVERNMENT GAZETTE, EX . 11-9-2000

Guj . Ord..

tepeal and savings.

3. (1) The Gujarat State Guarantees (Amendment) Ordinance , 2000 is hereby repealed.

2 of2000.

(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 amendedby thisAct.

INDEX 24-3 PART -V]

GUJARAT GOVERNMENT GAZETTE , EX . 11-9-2000

STATEMENT OF OBJECTS AND REASONS

Sub-section ( 1 ) of section 2 of the Gujarat State Guarantees Act , 1963 fixes Rs . 140,00,00,00,000/- to be the limit upto which the State Government may give guarantees : During the nineties , there has been a phenomenal growth in implicit (contingent) liabilities in the form of guarantees extended by the Government. Guarantees have emerged as an alternative fiscal instrument of the Government to meet the investment requirements by the State level bodies .With a view to meeting with such guarantees and demand for overall development of the State in the field of power sector, irrigation , industry and infrastructure facilities ,therefor, it was consid- ered necessary to raise the said limit upto Rs. 160,00,00,00,000/-.

As the Gujarat Legislative Assembly was not in session , the Gujarat State Guarantees (Amendment ) Ordinance, 2000 was promulgated to amend the said Act to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

Dated the 1st September, 2000.

VAJUBHAI VALA .

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

B. L. МЕНТА,

Secretary to Government .

Legislative and Parliamentary Affairs Department .

Gandhinagar ,

Datedthe 11th September, 2000 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 25

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY, SEPTEMBER 27, 2000/ASVINA 5, 1922

VOL . XLI]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette.. The date of publication to be reported. )

The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules: - 1

THE GUJARAT GAS ( REGULATION OF TRANSMISSION , SUPPLY AND DISTRIBUTION) BILL, 2000 .

GUJARAT BİLL NO . 25 OF 2000 .

(

ABill

to provide for regulation of transmission, supply and distribution ofgas, in the interests ofgeneral public and to promote gas industry in the State and for that purpose to establish Gujarat Gas Regulatory Authority andfor matters connected therewith or incidental thereto .

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Gujarat Gas (Regulation ofTransmission , Supply and Distribution) Act, 2000.

Short title, extent and commence- ment.

(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.

Definitions .

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

V- Ex.-25-1

25-1

INDEX 25-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 27-9-2000

(a) "Authority" means the Gujarat Gas Regulatory Authority established under section 4 ;

(b) "bulk consumer" means a person who consumes gas exceeding twenty- five thousand cubic metres per day ;

(d) "Commissioner " means the Commissioner of Gas appointed under section 3 ;

(e) "committee " means the committee constituted under section 11 ;

(f) " common carrier" means the basis of arrangements by which an access has to be provided to any person for the transmission and distribution of gas through pipelines;

Y (g) " distribution " means distribution of gas at a low pressure by means ofpipelines to a consumer other than a bulk consumer ;

(h) " gas" means a matter in gaseous state which predominantly consists ofmethane;

(i) "high pressure " means such pressure as the State Government may , from time to time , by notification in the Official Gazette, specify in terms of kilograms per square centimeter;

(j ) " licence " means a licence granted under section 26 ;

(k) " licensee " means a person holding a licence ;

(1) " low pressure' means such pressure as the State Government may, from time to time , by notification in the Official Gazette, specify.in terms of kilograms per square centimeter;

(m) " member" means a member of the Authority and includes the Chairperson;

(n) "pipeline corridors " means pipelines laid or to be laid together with sufficient adjacent land;

(o) " prescribed" means prescribed by rules;

(p) " regulations " means regulations made under this Act ;

(q) "rules" means rules made under this Act ;

(r) " specified Government company " means such Government company, the main object of which is the transmission of gas , as the State Government may, by notification in the Official Gazette, specify ;

(s) " supplier" means a person who supplies gas ;

(t) "supply" means supply of gas by means of pipelines but does not include distribution ;

(u) "transmission " means transmission of gas at a high pressure by means ofpipelines; and

(v) "Tribunal" means the Tribunal constituted under section 30 .

CHAPTER II

COMMISSIONER OF GAS

Commissioner. 3. ( 1) The State Government may, by notification in the Official Gazette, appoint an officer to be the Commissioner , who shall exercise such powers and perform such functions and duties as are conferred or imposed on him by or under this Act .

(2) The Commissioner shall exercise the powers and perform the functions and duties conferred or imposed on him under this Act, subject to the control of the State Government .

INDEX Part V ]

GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000 25-3

(3 ) To assist the Commissioner in exercising his powers and performance of his functions and duties under this Act , the State Government may appoint such officers and persons and give them such designation ( if any) , as the State Government thinks necessary.

CHAPTER III

ESTABLISHMENT AND CONSTITUTION OF AUTHORITY

and Establishment incorporation ofAuthority.

( 1) The State Government shall , by notification in the Official Gazette, establish an Authority by the name of the Gujarat Gas Regulatory Authority with effect from such date as may be specified in the notification .

(2) The Authority shall be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name and shall , subject to the provisions of this Act, be competent to acquire , hold or dispose of property, both movable and immovable , and to contract and do all things necessary for the purposes of this Act .

Head quarters of Authority.

The head quarters of the Authority shall be at Ahmedabad or at such other place as the State Government may, by a notification in the Official Gazette, specify.

Constitution ofAuthority .

(1 ) The Authority shall consist of a Chairperson and two other members to be appointed by the State Government .

(2) Out of the three members

(a) one shall be a person who has special knowledge and professional experience in the field of engineering related to transmission, supply or distribution of gas or designing, laying and operating of pipelines therefor ,

(b) one shall be a person who has special knowledge and professional experience in the field of administration , economics , commerce , finance , law or management,

(3) A member of the Authority shall render whole time service and shall not hold any other office during the tenure of his office .

7. ( 1 ) The chairperson and the other members shall hold office for a period of three years from the date on which he enters upon his office or until he attains the age of sixty - five years , whichever period is less .

Term of office and conditions of service of members .

(2) The salary and allowances payable to and other conditions of service of a member shall be such as may be prescribed :

Provided that the salary and allowances and other conditions ofservice of a member shall not be varied to his disadvantage during the tenure of his office .

Filling up of vacancies .

8. Onoccurrence of any vacancy in the office of a member on account ofdeath, resignation or any other reason , the same shall be filled in by the State Government in the manner provided in section 6.

INDEX [ PART V 25-4

GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000

Disqualifications . 9 . Aperson shall be disqualified for being appointed or being a member ofthe Authority if, such person-

(a) is a member of Parliament or of any States Legislature or of any local authority;

(b) is a member of a political party;

(c) is, or at any time , has been adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors;

(d) is ofunsound mind and stands so declared by a competent court ;

(e) is, or has been convicted of any offence which, in the opinion of the State Government involves moral turpitude ;

(f) has either directly or indirectly any financial or other interest which is likely to affect prejudicially his functioning as a member; or

(g) has either directly or indirectly any financial or other interest in-

(i) transmission , supply or distribution of gas ;

( ii ) production, sale or supply of gas whether used in any industry or not;

(iii) manufacture of, or any dealings in, plant and machinery , equipments , apparatus , or fittings for the matters specified in sub -clause (i) , or

(iv) any body which provides professional services in relation to matters specified in sub- clauses (i ) , (ii ) and (iii) .

10. (1 )

Removal and resignation of members .

Notwithstanding anything contained in sub-section ( 1 ) of section 7, the State Goverrunent may, at any time, remove any member from office, if, in its opinion, such member----

(a) is or has become , subject to any of the disqualifications mentioned in section 9 ,

(b) has been guilty of misconduct in discharge of his duties ,

(d) has so abused his position as to render his continuance in office prejudicial to public interest, or

(e) has without reasonable cause refused or failed to perform his duties for a period of not less than three months:

Provided that no member shall be removed from his

office-

(i) . on the ground specified in clause (f) or (g) ofsection 9 or clause (b ) , (c) or (d) of sub - section ( 1 ) , unless the committee on a reference made to it in this behalf by the State Government , has after an inquiry including an opportunity of being heard to the member , reported that the member is liable to be removed on such ground;

(ii) on any other ground, unless an opportunity of being heard is given to the member.

(2) A member in respect of whom a reference has been made under clause (i ) of the proviso to sub -section ( 1 ) shall not perform his functions as a member until the State Government removes the member from his office or decides not to remove the member from his office, on receipt of the report ofthe Committee on such reference.

INDEX こ

GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000 25-5 Part V ]

(3) A member may resign from his office by giving notice in writing, for such period as may be prescribed, to the State Government, and on such resignation being accepted by the State Government, he shall be deemed to have vacated his office .

Committee for inquiry .

11. (1 ) For the purpose of section 10 , the State Government may, by notification in the Official Gazette, constitute a committee consisting of not less than three members who shall be officers of a rank not below that of a Secretary to the State Government to be nominated by the State Government, ex- officio .

(2) The member who is senior most in service shall be the Chairman of the committee.

(3) The committee shall follow such procedure for disposal of its business asmay be prescribed.

12.. Aperson who ceases to be a member shall not -

(a) be entitled to appear for a period of three years in any proceedings before the Authority as a representative of any person;

Prohibition of appearance before Authority etc. , on ceasing to be a member .

(b) acquire either directly or indirectly any financial or other interest of the nature specified in clause (g) of section 9 for a period of two years from the date of such cesser;

(c) accept employment in a company or its subsidiary, which carries on the business of transmission or distribution , for a period of three years from the date of such cesser .

Explanation . For the purpose of this clause , the expression 'company' shall have the same meaning as assigned to it in clause (a) ofExplanation to section 36.

Meetings of Authority.

13. (1) The Authority shall meet at such time and such place and shall , subject to sub-sections (2) and (3 ), observe such rules of procedure in regard totransaction of its business at its meetings (including the quorum at such meetings) as may be provided by the regulations .

(2) Ifthe Chairperson is for any reason unable to attend a meeting of the Authority, the other member shall preside at the meeting .

(3) All the questions at a meeting of the Authority shall be decided by a majority ofthe members present and voting, and in case of an equality of votes , the Chairperson or in his absence , the person presiding , shall have and exercise a second or casting vote .

14.

Officers and employees of Authority.

( 1) The Authority may, with the approval of the State Government, determine such number and category of officers and employees as it considers necessary for the efficient performance of its functions .

(2) The manner of recruitment of, the salary and allowances payable to , and other conditions of service of officers and employees , shall be such as may be determined by the regulations ..

Consultants .

15. The Authority may, for the purpose of enabling it to perform its functions , appoint consultants on such terms and conditions as may be determined by the regulations .

INDEX 25-6

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 [ PART V

16.

Acts and proceedings presumed to bevalld.

(1 ) No act or proceeding of the Authority shall be questioned or be invalid on the ground merely of the existence of any vacancy in, or any defect, in the constitution of the Authority.

(2) No act done by any person acting in good faith as a member shall be deemed to be invalid merely on the ground that he was disqualified tobe a member or that there was any other defect in his appointment.

CHAPTER IV

FUNCTIONS AND POWERS OF THE AUTHORITY

R Functions of Authority.

17. Subject to the provisions of this Act, the Authority shall perform the following functions , namely :-

(a) to regulate transmission , supply and distribution of gas in the State and laying of pipelines therefor,

(b) to promote gas industry in the State in accordance with the direction given by the State Government,

(d) to regulate the charges for transmission,

(e) to promote efficiency, economy and safety in the use ofgas in the State ,

(f) to give direction to a supplier or bulk consumer for ensuring compliance by him of the standards of safety , operation and environment for supply or bulk consumption of gas ,

(g) to set and enforce standards of safety, operation and environment for transmission, supply and distribution and bulk consumption ofgas,

(h) to lay down by regulations the principles of common carrier for transmission and distribution and to enforce the same ,

(i ) to adjudicate upon the disputes and difference amongst licensees and a suppliers, or between the specified Government company and a licensee or a supplier or between a supplier and a person whobuys gas from supplier and to refer matters for arbitration ifconsidered necessary, in accordance with the provisions of thisAct,

(j ) to hold, wherever necessary, an inquiry in accordance with such procedure as may be prescribed ,

(k) to advise the State Government on matters relating to transmission, supply and distribution of gas in the State, and

(1) to perform such other functions as may be prescribed or as are supplemental , incidental or consequential to any ofthe functions entrusted to it by or under this Act.

18. (

Powers of Authority.

1) The Authority shall , for the purposes of any inquiry under this Act, have the powers of a civil court while trying a suit, in respect of the following matters , namely:--

(a) summoning and enforcing the attendance of any witness and examining him on oath,

(b) requiring the discovery and production of any document or other material object producible as evidence ,

INDEX PartV ]

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-7

(d) requisitioning of any public record or a copy thereof from any court oroffice,

(e) issuing commissions for examination of witnesses or documents,

(f) reviewing of its decisions , directions and orders , and

(g) any other matter which may be prescribed.

(2) The Authority shall have the power to pass such interim order in any matter before it, as it may consider appropriate.

(3) Where the Authority is of opinion that it is necessary so to do for the purposes of this Act, it may require by an order in writing to the specified Government company or any person-

(a) to produce before , or to allow to be examined by , an officer specified in the said order such books , accounts or other documents in the custody or control of that company or person, relating to any matter concerning the transmission, supply or distribution or laying of pipelines therefor as may be specified in the order, and

(b) to furnish to the officer specified in the order such information in its or his possession , power or control as may be specified in the order.

(4) The Authority may require the specified Government company or any person----

(a) to produce before or to allow to be examined by an officer of the Authority authorised by it in this behalf, such books , accounts or other documents relating to the functioning of the company engaged in transmission of gas or of any undertaking engaged in supply, distribution or use of gas , in the custody or under the control of such company or person,

(b) to furnish to the authorised officer such information in the possession, power or control of such company or person for the purposes ofperformance of the functions by the Authority.

(5) Where during any inquiry or proceeding under this Act, the Authority has reason to believe that any books or accounts or documents of or relating to the specified Government company engaged in transmission of gas or any person engaged in supply, distribution or use of gas in relation to which or whom such inquiry is made or proceedings are undertaken are being or may be destroyed, mutilated, altered, falsified or secreted, the Authority may by written order authorise any officer of the Authority to enter and search any place ofbusiness of the company or person or any other place where the Authorityhas reason to believe that the company or person keeps or is for the time being keeping books or accounts or documents and to seize the same and after granting a receipt therefor and retain the same for such period so long as is necessary in connection with such inquiry or proceeding.

2 of 1974.

(6) The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizers shall apply, so far as may be, to the searches and seizers made under sub -section (5) .

INDEX 25-8

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000

(7) The Authority may, by a general or special order call upon the specified Government company or any person to furnish to the Authority periodically or , as and when required , any information concerning its or his activities related to transmission , supply , distribution of gas or laying of pipelines therefor or use of gas .

(8) The Authority may , for the purpose of placing gas pipelines , appliances and apparatus , by an order , confer

(i) upon the specified Government company for transmission, and

(ii) upon a licensee or any other person for supply and distribution,

13 of 1885.

any ofthe powers which the telegraph authority possesses under the Indian Telegraph Act , 1885 with respect to placing of telegraph lines and posts subject to such conditions as the Authority may specify in such order.

CHAPTER V

FINANCE , ACCOUNTS , AUDIT AND REPORTS

19.

Fund of Authority.

(1 ) The Authority shall have its own fund and all receipts of the Authority shall be carried thereto and all payments by the Authority shall be made therefrom .

(2) The Authority may accept grants and subventions from the State Government or a local authority for the purposes of this Act .

(3) The Authority 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 Authority.

(4) All moneys belonging to the Fund ofthe Authority shall be deposited in such bank or invested in Government securities or in such other manner , as the State Government may, by general or special order, direct .

20.

Budgetof Authority.

The Authority shall prepare , in such form and at such time in each financial year , as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the State Government.

21.

Accounts and audit of Authority.

(1 ) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as maybe prescribed in consultation with the Comptroller and Auditor- General of India .

(2).The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor -General .

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor -General generally has in connection with the audit of Government accounts and , in particular, shall have the right to demand the production of books, accounts , connected vouchers and other documents and papers and to inspect any of the offices of the Authority.

INDEX GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000 25-9 Part V ]

(4) The accounts of the Authority , as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annuallyto the State Government by the Authority and the State Government shall cause the audit report to be laid, as soon as may be, after it is received, before the State Legislature .

ofAuthority . Annual report 22. (1 ) The Authority shall prepare once in every year in such form and at such time, as may be prescribed, an annual report including a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government.

(2) A copy of the report received under sub -section (1 ) shall be laid , as soon as may be, after it is received , before the State Legislature . t

CHAPTER VI

TRANSMISSION OF GAS

23. (1 ) ( a) No person other than the specified Government company and aperson referred to in, sub -section (1 ) of section 55 shall carry on the business of transmission in the State .

Specified Government company to transmit gas inState.

(b) Subject to the rules, if any, the specified Government company shall carry on the business of transmission in the State .

(

2) Without prejudice to the generality of the provision contained in sub -section (1 ) , but subject to the other provisions of this Act, the specified Government company shall ,-

(a) establish or cause to be established a transmission system (which shall include laying of pipelines) for conveyance of gas on the principle of common carrier and operate or cause to be operated the same,

(b) determine transmission charges ,

(d) maintain such standards of efficiency, economy and safety in relation to its business of transmission as laid down by the Authority.

24. Except to the extent otherwise expressly provided in sub - section ( 1 ) ofsection 55, on and with effect from the date of commencement of this Act, the specified Government company shall have the exclusive privilege of carrying on the business of transmission in the State .

Specified Government companyto have exclusive privilege of carrying on business of transmission ofgas.

CHAPTER VII

LICENSING OF DISTRIBUTION OF GAS

25. (1) No person shall carry on business of distribution in the State , except under a licence granted under this Act.

Prohibition on distribution without

(2). No person shall lay pipelines for distribution in the State unless he is licence. a licensee .

INDEX [ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-10

26. (1 )

Grant of licence.

(a) A person may make an application to the Commissioner for grant of a licence for carrying on the business of distribution.

(b) A person carrying on the business of distribution of gas on the date of commencement of this Act (hereinafter referred to 'as the said date ' ) shall , within three months from the said date, make an application to the Commissioner for grant of a licence for carrying on the business of distribution, and

(i) a person who makes such an application shall be deemed to have been authorised to carry on such business from the said date till the date on which he is either granted orrefused a licence ,

(ii) a person who does not make such application within the said period of three months shall be deemed to be carrying on business of distribution without a licence .

(2) Every application under sub - section (1 ) shall be made in such form, and shall contain such particulars ; including those regarding the competency ofthe applicant to undertake the business ofdistribution and accompained by such fees, as may be prescribed.

(3) The Commissioner may grant a licence to the applicant in such form containing such terms and conditions and on payment of such fees as may be prescribed.

Guj . 11 of

1999. (4) For the purpose of granting a licence under sub - section (3 ) , the Commissioner shall, so far as may be , follow the procedure ofpublic competitive bidding laid down in the Gujarat Infrastructure Development Act, 1999.

(5) Unless it is specifically provided in the terms of a licence , the grant of a licence to a person shall not in anyway hinder or restrict the power of the Commissioner to grant a licence to another person in respect of the same area of distribution and the licensee shall not be entitled to claim any exclusivity.

27.

Amendment of licence .

Where in its opinion, the public interest so requires , the State Government may on the application of a licensee , direct the Commissioner to make such amendments in the terms and conditions ofa licence as it thinks fit having regard to the objects and purposes of this Act and the Commissioner shall make amendments in the... licence accordingly.

28.

If the Commissioner is satisfied either on a reference made to it or otherwise that-

Révocation and suspension of licence.

(a) a licence granted under section 26 has been obtained by misrepresentation as to an essential fact, or

(b) the licensee has , without reasonable cause failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules or the regulations made thereunder , then without prejudice to any other penalty to which the licensee may be liable under this Act, the Commissioner may, after giving the licensee an opportunity of showing cause-

INDEX GUJARAT GOVERNMENT GAZETTE , EX . , 27-9-2000 25-11 Part V ]

(i) revoke the licence on the ground stated in clause (a), or

(ii) revoke the licence or forfeit the sum, if any , or any portion thereofdeposited as security for due performance of the conditions subject to which the licence has been granted, on the ground stated in clause (b) , or

(iii) suspend the licence for such period as he thinks fit , on the ground stated in clause (b).

CHAPTER, VIII

ARBITRATION AND APPEALS

( 1)

29.

Arbitration by Authority.

(a) Any dispute arising between the specified Government company and a licensee or between licensees or between a person who supplies gas and a person who buys gas from him, shall be referred to the Authority.

(b) The Authority may adjudicate the matter or nominate a person to adjudicate and settle such dispute.

(c) The procedure to be followed in connection with such adjudication shall be such as may be prescribed by the regulations .

(2) Where an adjudication is made by the nominee appointed by the Authority, it shall be filed before the Authority and the Authority shall pass such order as deemed fit including an order-

(a) confirming and enforcing the adjudication,

(b) setting aside or modifying the adjudication , or

(3) The adjudication made by the Authority under sub- section ( 1 ) or an order passed by the Authority under sub- section (2) shall be enforceable as if it were a decree of a civil court .

(4) The Authority or , as the case may be , a nominee may , at any time before the commencement or dúring the pendency of proceedings under sub - section (1 ) , make such interim order as the Authority or, as the case may be, the nominee deems fit .

30.

Constitution of Tribunal .

( 1) The State Government shall constitute a Tribunal to be called the Gujarat Gas Tribunal to discharge the functions conferred on the Tribunal by or under this Act .

(2) The Tribunal shall consist of two members who shall be appointed by the State Government, out whom-

(a) one shall be a person who is or has been a Judge of the High Court, and

(b) one shall be a person who is or has held the post not below the rank of the Secretary to the State Government.

(3) The term of office and conditions of service of the members of the Tribunal shall be such as may be prescribed.

(4) The State Government may terminate the appointment ofthe member of the Tribunal before the expiry of the term of his office if such member,-

(a) is adjudged an insolvent , or

(b) engages during his term of office in any paid employment outside the duties of his office , or

(c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or

INDEX 25-12

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000

participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member , or

(d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or

(e) is convicted of an offence involving moral turpitude.

(5) Subject to such conditions and limitations as may be prescribed, the Tribunal shall have power to award cost and the amount of such costs shall be recoverable from the person ordered to pay the same as arrears of land revenue...

(6) . Subject to the previous sanction of the State Government , the Tribunal shall, for the purpose ofregulating its procedure (including the place or places at which the Tribunal shall sit) and the disposal of its business, make regulations consistent with the provisions of this Act and rules made thereunder .

(7) The regulations made under sub - section (6) shall be published in the Official Gazette.

31.

(.. Tribunal . Powers of

5 of 1908 .

(1 ) For the purpose of exercising its jurisdiction under this Act , the Tribunal shall have the same powers as are vested in the civil court under the Code of Civil Procedure , 1908 in respect of the following matters , namely :----

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents ;

(d) such other matters as may be prescribed.

36 of 1963 .

(2) The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act , 1963 .

Appeals. 32. ( 1 ) An appeal shall lie to the Tribunal against the following orders and award , namely:

(a) an order refusing to grant a licence under section 26 ,

(b) an order revoking or suspending a licence or forfeiting the sum ofdeposit under section 28 ,

(c) an award made by the Authority under sub -section ( 1 ) or an order passed by the Authority under sub -section (2) of section 29 .

(2) No appeal shall be entertained unless it is filed within a period of sixty days from the date of communication of the order or award.

(3) The Tribunal may admit an appeal after the period of limitation specified in sub - section (2) , if the appellant satisfies the Tribunal that he had sufficient cause for not filing appeal within such period.

36of 1963 .

(4) In computing the period of limitation , the provisions of sections 4 and 12 of the Limitation Act, 1963 shall , so far as may be , apply.

Bom xxxvi of1959.

(5) Notwithstanding anything contained in the Bombay Court FeesAct, 1959, an appeal under this section shall bear a court fee stamp of such value as may be prescribed .

33. ( 1 ) No civil court shall have jurisdiction to deal with or decide any question which the State Government, the Authority or any officer appointed by the Authority or the Commissioner or the Tribunal is empowered to deal with or decide by or under this Act .

Barof jurisdiction of civil court .

(2) No order passed under this Act or any rules or regulations made thereunder by the State Government, the Authority or any officer appointed by the Authority, the Commissioner or by the Tribunal, shall be called in question in any civil court. -

INDEX Part V ]

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000, 25-13

CHAPTER IX

OFFENCES AND PENALTIES

34. ( 1 ) Whoever carries on business of transmission in contravention of clause (a) of sub - section ( 1 ) of section 23 or of clause (a) or (b ) of sub- section (2) of section 55, or

Penalty for contraven- tionof provisions of sections 23, 25 and 55.

(2) Whoever.carries on business ofdistribution or lays pipelines for such distribution without a licence in contravention of section 25, shall on conviction, be punished with imprisonment which may extend to six months or with fine not exceeding five lakhs of rupees orwith both and in the case ofa continuing offence with an additional fine not exceeding twenty thousand rupees for every day after the first , during which the offence continues .

General penalty.

35. Where a licensee, supplier , bulk consumer or any other person fails without any reasonable cause , to comply with any order, direction or requisition lawfully made or given under any provision of this Act or any rules or regulations made thereunder, he shall , on conviction be punished with imprisonment which may extend to three months or with fine not exceeding two lakhs of rupees or with both and in the case of a continuing offence with an additional fine not exceeding ten thousand rupees for everyday after the first, during which the offence continues .

Offencesby companies .

36. ( 1 ) Where an offence under this Act has been committed by a company, every person who , at the time the offence was committed, was in charge of, and was responsible to the company for the conduct ofthe business ofthe company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub - section shall render any such person liable to any punishment provided under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence .

(2) Notwithstanding anything contained in sub -section ( 1 ) , where an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company , such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly .

Explanation . For the purposes of this section

(a) " company" means a body corporate and includes a firm or other association of individuals ; and

(b) " director" in relation to a firm, means a partner in the firm.

offences . Cognisance of 37. (1 ) No court shall take cognisance of any offence punishable under this Act except on a report in writing of the facts constituting such offence madeby an officer ofthe Authority generally or specially authorised by it in this behalf.

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000

25-16

Members, officers and employees of Authority to bepublic servant.

XLV 1860 .

48. All members and officers and employees of the Authority, the Commissioner and all officers and persons appointed under section 3 to assist him and all members of the Tribunal shall, when acting or purporting to act inpursuance of the provisions of this Act, or any rules or regulations made thereunder , be deemed to be public servant within the meaning of section 21 of the Indian Penal Code.

Protection of action taken ingood faith .

49. No suit , prosecution or other legal proceeding shall lie against the Authority or any member , officer or employee of the Authority and the Commissioner and officers and persons appointed under section 3 to assist him for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, or any rules or regulations made thereunder .

50. ( 1 ) In performance of its functions under this Act , the Authority and the Commissioner shall be bound by such directions on questions of policy as the State Government may give in writing to it from time to time:

Power of State Government togive directions to Authority.

Provided that the Authority shall be given an opportunity to express its views before any direction is given under this sub- section.

(2) The decision of the State Government whether the question is of a policy or not , shall be final .

( 1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Power of State 51. Government to make rules .

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

(a) the salary , allowances and other conditions of service of the members under sub- section (2) of section 7;

(b) the period of notice to be given under sub-section (3 ) of section 10;

(d) the procedure in accordance with which an inquiry shall be held under clause (j ) of section 17;

(e) the other functions to be performed by the Authority under clause ( 1 ) of section 17;

(f) the other matter in respect of which the Authority shall have power of a civil court under clause (g) of sub-section (1 ) of section 18;

(g) the form in which and the time at which the Authority shall . prepare its budget under section 20;

(h) the form in which an annual statement of accounts shall be preparedby the Authority under sub -section ( 1 ) of section 21 ;

(i) the form in which and the time at which the Authority shall prepare its annual report under sub -section ( 1 ) of section 22 ;

INDEX GUJARAT GOVERNMENT GAZETTE, EX . , 27-9-2000 25-17 Part V ]

(j ) the rules subject to which the specified Government company shall carry on the business of transmission in the State under clause (b) of sub - section (1) of section 23;

(k) the form in which an application shall be made and the particulars which it shall contain and the fees with which it shall be accompained under sub -section (2) of section 26;

(1) the form in which and the terms and conditions subject to which

a licence shall be granted and fees to be paid therefor under sub-section (3 ) of section 26;

(m) the value of court fee stamp which an appeal shall bear under sub-section (5) of section 32; and

(n) any other matter which has to be , or may be , prescribed under this Act .

(3) Inmaking rules under this section, the State Government may direct that a breach thereof shall be punished with fine not exceeding five lakhs of rupees and when the breach is a continuing one , with fine not exceeding twenty thousand rupees for every day during which the breach continues after conviction for the first breach .

(4) 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.

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

52.

Power to make regulations.

( 1 ) The Authority may, with the previous approval of the State Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder , for

enabling it to perform its functions under this Act.

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

(a) the time and place of the meetings of the Authority , the procedure to be followed in regard to the transaction of its business at such meetings and the quorum necessary for transaction of business at meetings under sub - section ( 1 ) of section 13,

(b) the manner ofrecruitment of , the salary and allowances payable to, and other conditions of service of officers and employees of the Authority under sub - section (2) of section 14,

(d) the principles of common carrier for transmission and distribution under section 17,

(e) the circumstances in which licensees shall inform the consumers ofgas about their rights and compensation to be paid under section 41, and

INDEX 25-18

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 [ PART V

(f) the form in which the information or return shall be furnished, the particulars which they shall contain and intervals at which they shall be furnished under sub - section (2) of section43 .

(3) In making regulations under this section, the Authority may direct that a breach thereof shall be punished with fine not exceeding five lakhs of rupees and when the breach is a continuing one , with fine not exceeding twenty thousand rupees for every day during which the breach continues after conviction for the first breach.

(4) All regulations made under this section shall be laid for not less than thirtydays 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.

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

53. If any difficulty arises in giving effect to the provisions of this Act, the Power to remove difficulties .

State Government may, by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act .

54.

Transitional provision.

( 1 ) Until the Gujarat Gas Regulatory Authority is duly established and constituted under this Act for the first time , its functions and powers under this Act shall be performed and exercised by the State Government or such officer as may be authorised by the State Government by notification in the Official Gazette.

(2) Anything done or any action taken by the State Government or the officer so authorised in the performance of the functions or the exercise of the powers of the Authority under sub- section (1) , shall bebinding on the Authority when it is so established and constituted.

Savings . 55.

نام ( 1 ) Any person who has been carrying on the business of transmission at any pressure in the State before the date of commencement of this Act (hereinafter in this section referred to as "the commencement date") may subject to the provisions of this Act continue to carry on the business of transmission on or after the commencement date so however that-

(a) he shall not lay any pipeline in addition to those existing immediately before the commencement date; and

(b) where the quantum of gas which he transmits on or after the commencement date by means of pipelines existing before the commencement date exceeds the quantum of gas transmitted by him on the day immediately before the commencement date-

(i) the charges for transmitting the excess gas shall be regulated by theAuthority, and

(ii) the transmission of the excess gas shall be based on the principles of common carrier .

INDEX Part V ]

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-19

i (2) A licensee or a supplier or a bulk consumer may undertake transmission and lay and operate dedicated pipelines therefor subject to the previous approval of the specified Government company and such regulations which the Authority may make with regard to the standards of safety , operation and environment.

Explanation. For the purpose of this sub - section, the expression "dedicated pipeline " means a pipeline laid and operated by a licensee or by a supplier or by a bulk consumer for obtaining gas from pipelines operated for transmission by the specified Government company or a person referred to in sub -section (1) .

را

INDEX 25-20

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 [PART V

STATEMENT OF OBJECTS AND REASONS

Many Liquefied Natural Gas (LNG ) import projects have been planned in the State of Gujarat to meet the growing demand of gas as fuel from industrial, commercial and domestic establishment. Indigenous natural gas availability in the State of Gujarat is not sufficient to meet even the current demand. LNG is the answer to the growing fuel lead of the State . Because of its strategic coastal location, the State of Gujarat is well positioned to help neighbouring states also for meeting their gas needs .

Inorder to ensure systematic and integrated development of gas industry in the State , it is proposed to set up a Gas Regulatory Authority. TheAuthority has not only to regulate transmission , supply and distribution ofgas but also to look after the environmental safety and efficiency aspects ofdeveloping the gas industry in the State. So as to encourage investment in distribution sector , it is proposed to provide for licensing of gas distribution .

The Gas transmission pipeline systems are highly capital intensive and duplication thereof is not in the interest of gas consumers . In the interest of co -ordinating development of gas industry, it is proposed to introduce principle of common carrier for operation of gas pipelines . It is proposed to confer on the specified Government company, exclusive responsibilities for developing and operating integrated gas transmission system in the State so as to ensure cost efficient and systematic operation of the gas grid system in the State .

ThisBill seeks to achieve the aforesaid objects .

The following notes on clauses explain the important provisions of theBill.

) Clause 1. This clause provides for short title , extent and commencement ofthe Act.

Clause 2. This clause defines certain terms used in the Bill .

Clause 3.- This clause provides for the appointment of the Commissioner . ofGas and such officers and persons to exercise the powers and perform functions and duties as are conferred or imposed.by or under the Act .

Clause 4.- This clause provides for establishment and incorporation of the Gujarat Gas Regulatory Authority .

Clause 5.- This clause provides for the head quarters of the Authority.

Clause 6.- This clause provides for the constitution of Authority and qualifications for appointment as a Chairman and members .

INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-21 Part V ]

Clause 7.- This clause provides for the term of office and the conditions of service of Chairperson and members of the Authority.

Clause 8.- This clause provides for occurrence of vacancy of member and filling up of such vacancies .

Clause 9.- This clause provides for disqualification incurred by a person for being appointed or being a member of the Authority.

Clause 10.- This clause empowers the State Government to remove a member of the Authority for the reasons stated therein and also provides for resignation of a member .

Clause 11.- This clause empowers the State Government to constitute a committee for holding inquiry for the purpose of removal of a member of theAuthority.

Clause 12.- This clause prohibits a member from appearing before the Authority accepting a job in and company carrying on business of transmission or distribution on ceasing to be a member.

Clause 13.- This clause provides for time , place , quorum and rules of procedure with regard to transaction of the business of the meeting of the Authority.

Clause 14.- This clause provides for determination of number and the category of officers and employees of the Authority and the manner of recruitment and their conditions of service .

Clause 15.- This clause empowers the Authority to appoint consultants .

Clause 17.- This clause provides for the functions to be performed by the Authority.

Clause 18. - This clause provides for the powers of the Authority for holding inquiry under the Act .

Clauses 19 to 22. These clauses provide for the fund of the Authority preparation of the budget , maintenance of accounts and audit thereto and laying of annual report , before State Legislature .

Clause 23. This clause prohibits carrying on of the business of the transmission of gas in the State by any person other than specified Government company.

Clause 24.- This clause provides for exclusive privilege of carrying on the business of transmission of gas in the State by the specified Government company.

INDEX 25-22

[PARTV GUJARAT GOVERNMENT GAZETTE, EX. , 27-9-2000

Clause 25,-This clause prohibits distribution of gas and laying ofpipelines without a licence.

Clause 26.- This clause provides for grant of a licence by the Commissioner for carrying on the business of distribution .

Clause 27.- This clause provides for amendment of a licence.

Clause 28.- This clause provides for suspension and revocation of licence .

Clause 29.- This clause provides for arbitration for disputes arising between the specifiedGovernment company and a licensée or between licensees or between a person who supplies and who buys the gas .

Clause 30. -This clause provides for the constitution of a Tribunal and the appointnient, term of office and conditions of service of members of the Tribunal and procedure to be followed for the disposal of its business .

Clause 31. - This clause provides for the powers of the Tribunal .

Clause 32.-This clause provides for appeals to the Tribunal .

Clause 33. This clause bars the jurisdiction of the civil court .

Clause 34. -This clause provides for the penalty for contravention of certain. provisions of the Act .

Clause 35: -This clause provides for general penalty for non - compliance ofany order, direction or requisition lawfully made or given under the Act or any rules or regulations made thereunder.

Clause 36. - This clause provides for offences by companies .

Clause 37. -This clause provides for cognizance of offence .

) Clause 38.This clause provides for jurisdiction of the criminal courts .

Clause 39.-This clause provides for compounding offences and penalty thereof.

Clause40. This clause empowers the Authority to lay down the standards ofperformance in connection with transmission and distribution of gas .

Clause 41.-This clause empowers the Authority to prescribe by regulations the circumstance in which licencees shall inform the consumers of gas of their rights in relation to distribution of gas, and payment of compensation for any delay or default committed by licensees in distribution of gas .

Clause 42.- This clause empowers the Authority to collect information in respect of level ofperformance.

INDEX GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 27-9-2000 25-23 Part V ]

Clause 43.- This clause empowers the Authority to call upon all persons carrying on business of transmission , distribution or supply of gas to furnish information relating to their financial matters .

Clause 44. This clause prohibits the authority to disclose information relating to transmission , distribution and supply of gas and other matters . relating to business .

Clause 45. This clause provides that dues of the Authority are recoverable as arrears of land revenue .

Clause 47. - This clause provides that all proceedings before the Authority and the Tribunal shall be deemed to be judicial proceedings .

Clause 48. -This clause provides that members , officers and employees of the Authority, the Commissioner, officers and members of the Tribunal shall be public servants .

Clause 49. This clause provides for usual indemnity for acts done in good faith.

Clause 50.- This clause empowers the State Government to give directions to the Authority and Commissioner on question of policy.

Clause 51. This clause empowers the State Government to make rules generally for carrying out the purposes of the Act and particularly for matters specified in sub -clause (2) .

Clause 52. This clause empowers the Authority to make regulations for enabling it to perform its function under the Act. 1

Clause 53. This clause empowers the State Government to remove difficulty arising within three years from the commencement of the Act..

い

Clause 54.-This clause empowers the State Government or an authorised officer to exercise the powers and functions of the Gujarat Gas Regulatory Authority till such authority is established.

Clause 55. This clause provides that any person who has been carrying on the business of transmission of gas before the commencement of the Actmay continue to do so subject to the provisions specified therein .

KAUSHIK PATEL

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000

25-24

FINANCIAL MEMORANDUM

ThisBill if enacted and brought into force would involve following expenditure from the Consolidated Fund of the State,

Clause 3 empowers the State Government to appoint the Commissioner of Gas and other officers for performing the functions and duties conferred by or under the Act . This would involve annual expenditure to the extent of rupees fifty lakhs , out of which rupees twenty- five lakhs .. would be of recurring nature and rupees twenty- five lakhs would be of non-recurring nature .

Clause 6 empowers the State Government to appoint the Chairman and two other members of the Gujarat Gas Regulatory Authority. This would involve an annual expenditure of rupees fifty lakhs , out of which rupees twenty - five lakhs would be of a recurring nature and rupees twenty - five lakhs would be of a non - recurring nature .

Clause 30 empowers the State Government to constitute a Tribunal consisting of two members . This would involve annual expenditure to the extent of rupees twenty lakhs , out of which rupees ten lakhs would be of recurring nature and rupees ten lakhs would be of non -recurring nature ..

KAUSHIK PATEL

INDEX Part V ]

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-25

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative powers in the following respects:-

Clause 1. - Sub-clause (3 ) of this clause empowers the State Government to appoint, by notification in the Official Gazette , the date on which the Actshall come into force .

{

Clause 3. This clause empowers the State Government to appoint , by notification in the Official Gazette, the Commissioner, and also empowers the State Government to appoint other officers and persons and to give them such designation as it deems fit.

Clause 4. This clause empowers the State Government to establish by notification in the Official Gazette , the Gujarat Gas Regulatory Authority and to specify the date with effect from which the Authority shall be established.

Clause 5. This clause empowers the State Government to specify by notification in the Official Gazette , any other place as the headquarters of . theAuthority.

Clause 6. This clause empowers the State Government to appoint a Chairperson and two other members of the Authority.

Clause 7.- Sub-clause (2) of this clause empowers the State Government to prescribe by rules , the salary and allowances and other conditions of services of a member of the Authority.

Clause 10.- Sub - clause (3 ) of this clause empowers the State Government to prescribe by rules , the period of notice for tendering the resignation by a member.

Clause 11.- This clause empowers the State Government to constitute by notification in the Official Gazette , a Committee for holding inquiry for removal of a member, and to prescribe by rules , the procedure to be followed by such committee for disposal of its business .

Clause 13.- Sub - clause ( 1 ) of this clause empowers the Authority to prescribe by regulations , the time and place at which the Authority shall meet and the rules of procedure in regard to transaction of its business at meeting to be observed by the Authority.

Clause 14.- Sub- clause (2) of this clause empowers the Authority to determineby regulations , the manner of recruitment , salary and allowances payable to and other conditions of service of officers and employees of the Authority.

Clause 15. This clause empowers the Authority to determine by regulations , the terms and conditions for appointment of Consultant .

Clause 17.-(i ) Para (j ) of this clause empowers the State Government to prescribe by rules , the procedure for holding an inquiry.;

INDEX [ PART V 25-26

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000

(ii) para (1 ) of this clause empowers the State Government to prescribe by rules , the other functions to be performed by the Authority.

Clause 18.- Para (g ) of sub - clause (1 ) of this clause empowers the State Government to prescribe by rules , any other matter for which Authority have powers of a Civil Court .

Clause 19.- Sub-clause (4) of this clause empowers the State Government to direct by order , the authority, to deposit its moneys in such bank , Government securities or in other manner .

Clause 20.- This clause empowers the State Government to prescribe by rules , the form in which and the time by which the budget shall be prepared by the Authority.

Clause 21.- Sub-clause (1) of this clause empowers the State Government to prescribe by rules , the form in which the Annual Statement of Accounts of the Authority shall be prepared .

Clause 22.- Sub-clause ( 1 ) of this clause empowers the State Government to prescribe by rules , the form in which and the time by which Annual Report shall be prepared by the Authority.

Clause 23.- Para(b) of this clause empowers the State Government to prescribe by rules , subject to which the specified Government company shall carry on the business of transmission in the State;

Clause 26.-(i ) Sub-clause (2) of this clause empowers the State Government to prescribe by rules , the form in which application for licence shall be made, the particular which it shall contain and the fees with which it shall be accompanied ;

(ii) sub -clause (3 ) of this clause empowers the State Government to prescribe by rules , the form of licence , the terms and conditions which it shall contain and the fees on payment of which such licence may be granted.

} Clause29 -Para (c) of sub- clause (1 ) of this clause empowers the Authority to prescribe by the regulations , the procedure to be followed in adjudication .

Clause 30. (i ) Sub - clause ( 1 ) of this clause empowers the State Government to constitute a Tribunal consisting of two members , to discharge the functions conferred on it by or under the Act ;

(ii ) sub -clause (3) of this clause empowers the State Government to prescribe by rules , the term of office and conditions of service of the members of the Tribunal ;

(iii ) sub -clause (5) of this clause empowers the State Government to prescribe by rules , the conditions and limitations subject to which the Tribunal may award the cost ;

(iv) sub-clause (6) of this clause empowers the Tribunal to prescribe by regulations , the procedure and the disposal of its business .

INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 25-27 Part V ]

Clause 31. - Para (d) of sub -clause ( 1 ) of this clause empowers the State Government to prescribe by rules, other matters for which Tribunal may exercise the powers of civil court:

Clause 32. Sub-clause (5) of this clause empowers the State Government to prescribe by rules , the value of the Court fees stamp which an appeal shall bear.

Clause 40.-(i) Sub-clause ( 1) of this clause empowers the Authority to prescribe by order, the standards of performance for transmission and distribution of gas , efficient use of gas, operation codes and safety regulation of transmission and distribution system ;

(ii) sub -clause (2) of this clause empowers Authority to prescribe, the manner in which the order of Authority shall be published.

Clause 41. This clause empowers the Authority to prescribe by regulations , the circumstances in which the licensee shall inform the consumers ofgas of their rights in relation to distribution and compensation to be paid by the licensees to the consumers for delay and default in distribution .

Clause 43. Sub- clause (2) of this clause empowers the Authority to prescribe by regulations , the form in which the particulars with which and the interval at which the returns shall be furnished. :

Clause 51. This clause empowers the State Government to make, by notification in the Official Gazette, rules for carrying out the purposes of theAct .

Clause 52.- This clause empowers the Authority to make , by notification in the Official Gazette, regulations for enabling it to perform its functions under the Act . .'

Clause 53.-This clause empowers the State Government to make an order. for removing the difficulty arising in giving effect to the provisions of the Act.

Clause 54.- Sub- clause (1 ) of this clause empowers the State Government to authorise an officer to perform the functions and exercise the powers of. the Authority until the Authority is constituted.

The delegation of the legislative powers as aforesaid is necessary and is of a normal character .

KAUSHIK PATEL .

Dated the 27th September , 2000.

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

B. L. MEHTA ,

Secretary to Government

Legislative and Parliamentary Affairs Department Gandhinagar

Dated the 27th September, 2000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 26

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLIJ WEDNESDAY, SEPTEMBER 27, 2000/ASVINA 5 , 1922

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported.)

The followingBill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules :-

1 THE GUJARAT DEVELOPMENT CORPORATIONS LAWS (AMENDMENT) BILL , 2000.

GUJARAT BILL NO . 26 OF 2000.

A BILL

further to amend the Gujarat Tribal Development Corporation Act, 1972, the Gujarat Scheduled Castes Development Corporation Act, 1985 and the Gujarat Backward Classes Development Corporation Act, 1985.

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

Shorttitle .

-1 . This Act may be called the Gujarat Development Corporations Laws (Amendment) Act, 2000.

Guj . 5 of1972.

Amendment toGuj . 5 of 1972.

2. In the Gujarat Tribal Development Corporation Act, 1972 , in section 5, in sub- section ( 1 ) , for the words "twenty crores of rupees" , where they occur at three places , the words "fifty crores of rupees " shall be substituted.

INDEX

26-1

V. Ex.- 26-1.

           26-2           GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 [PART V
 Amendment to     3.      In the Gujarat Scheduled Castes Development Corporation Act ,      Guj. 10 of
 Guj. 10 of1985.   1985, in section 17, in sub- section ( 1 ) , for the words "ten crores of 1985.
                   rupees " where they occur at three places , the words "fifty crores of  :
                   rupees " shall be substituted.
Amendinent to     4:      In the Gujarat Backward Classes Development Corporation Act ,      Guj . 11 of
                   1985, in section 18, in sub- section ( 1 ), for the words " fifteen crores of 1985 .
Guj . 11 of 1985.
                   rupees" where they occur at three places , the words " fifty crores of
                   rupees" shall be substituted.

INDEX Part V ]

GUJARAT GOVERNMENT GAZETTE , EXΧ. , 27-9-2000 26-3

STATEMENT OF OBJECTS AND REASONS

Sub-section ( 1 ) of section 5 of the Gujarat Tribal Development Corporation Act, 1972 empowers the State Government to provide to the Corporation , a sum not exceeding twenty crores of rupees , as capital . Similarly, sub - section ( 1) of section 17 of the Gujarat Scheduled Castes Development Corporation Act , 1985 empowers the State Government to provide to the Corporation , a sum not exceeding ten crores of rupees and sub - section ( 1 ) of section 18 of the Gujarat Backward Classes Development Corporation Act , 1985 empowers the State Government to provide to the Corporation , a sum not exceeding fifteen crores of rupees . In order to enable the State Government to provide , whenever necessary, larger sum of capital to the said Corporations , it is considered necessary to increase the aforesaid ceiling of the capital of all three Corporations to fifty crores of rupees . This Bill seeks to amend the aforesaid Acts to achieve the said object .

FAKIRBHAI VAGHELA .

INDEX 26-4

GUJARAT GOVERNMENT GAZETTE , EX. , 27-9-2000 [PART V

FINANCIAL MEMORANDUM

Clauses 2, 3 and 4 of the Bill, which seek to amend sub - section (1) of section 5 of the . Gujarat Tribal Development Corporation Act, 1972, sub - section ( 1 ) of section 17 of the Gujarat Scheduled Castes Corporation Act, 1985 and sub - section ( 1) of section 18 of the Gujarat Backward Classes Development Corporation Act, 1985 respectively, empower the State Government to provide to the respective Corporation , whenever necessary, a sum not exceeding fifty crores of rupees as the State Government may think fit, as capital of the Corporation . The Bill, if enacted and brought into force , would involve non-recurring expenditure upto fifty crores of rupees for each Corporation , which may be incurred by the State Government from time to time.

FAKIRBHAI VAGHELA .

Dated the 27th September , 2000.

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

B. L. MEHTA ,

Secretary to Government

Legislative and Parliamentary Affairs Department Gandhinagar,

Dated the 27th September, 2000

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 27

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, OCTOBER 3 , 2000/ASVINA 11 ,

1922

Vol . XLI]

علم

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

(To be translated into Gujarati and the translation to be published in the Gujarat Government Gazette . The date of publication to be reported . ) The following Bill is published with the consent of the Speaker given under the proviso to rule 127 A of the Gujarat Legislative Assembly Rules : -

THE GUJARAT (SECOND SUPPLEMENTARY)

APPROPRIATION BILL , 2000.

GUJARAT BILL NO. 27 OF 2000.

ABILL

to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services ofthe financial year ending on the thirty -first day of March, 2001 .

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

1. This Act may be called the Gujarat (Second Supplementary ) Short title . Appropriation Act , 2000 .

Rs . 3,67,81,48,000 the Consolidated Fund of the State of Gujarat for the 2000-2001 . from and out of financial year 2. From and out of the Consolidated Fund of the State of Gujarat , Issue of 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 three hundred sixty -seven crores , eighty- one lakhs , fourty-eight 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 , 2001 , in respect of the services and purposes specified in column 2 of the Schedule.

3. The sums authorised to be paid and applied from and out of the Appropriation . 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 .

27-1

V-EX. - 27-1

INDEX [PART - V GUJARAT GOVERNMENT GAZETTE , EX. 3-10-2000

27-2

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

: 4:

No. of

* Total

Services and purposes

Voted

Vote/ Appro-

priation

Charged on the Consolidated Fund

50,93,54,000

1,39,54,000

49,54,00,000

Revenue

Agriculture

2,04,00,000

Revenue

Minor Irrigation , Soil Conservation and Area Development

1,23,32,000

Revenue

1,25,00,000

Capital

Animal Husbandry and Dairy Development

8,55,00,000

Capital

Co-operation

1,00,31,55,000

48,000

1,00,31,07,000

Revenue

Education

1,06,48,000

Revenue 1,06,48,000

12.

Energy Projects

25,64,000

Revenue

15.

Tax Collection Charges (Finance Department)

10,19,92,000

Revenue

19. Repayment of Debt pertaining to Finance Department and its servicing

5,10,00,000

Capital

Food

22.

2,63,70,000

1,70,000

2,62,00,000

Revenue

25 .

Forests

2,57,64,000

Capital

Revenue

Governor

28 .

44.44,000 :

44,44,000

Revenue

30.

Elections

34.90,000

34,90.000

Revenue

32.

General Administration Department

16,54,00,000

Revenue 16,54,00,000

Economic Advice and Statistics

33.

3.35.000

Revenue

34.

Other Expenditure pertaining to General Administration Department

INDEX 27-3

GUJARAT GOVERNMENT GAZETTE , EX . 3-10-2000

PART -V]

No. of

Vote/

Services and purposes

Appro-

priation

Sums not exceeding

Total Voted

Charged

on the Consolidated Fund

2,24,00,000 2,24,00,000

Revenue

Medical and Public Health 38 .

2,000

Revenue

41.

Home Department

Revenue

42.

Police

19,14,10,000

5,55,000

Revenue

44.

Transport

46.

19,08,55,000

Revenue

Other Expenditure pertaining to Home Department

37,00,000

Capital

Revenue

49.

Industries

50 .

Mines and Mineral

9,03,000

59,03,000

8,000

Revenue

8,000

Revenue

60.

Administration of Justice

62.

23,32,000

6,88,000

16,44,000

5,25,000 5,25,000

Revenue

Legislative and Parlimentary Affairs Department

66.

9,27,000

2,48,85,000

Revenue

Irrigation and Soil Conservation

2,39,58,000

2,89,49,000 31,00,000

2,58,49,000

Capital

Revenue

68.

Other Expenditure pertaining to Narmada ,Water Resources and Water Supply Department

69 .

4,53,00,000 4,53,00,000

Revenue

Panchayats . Rural Housing and Rural Development Department

71.

95,000

Revenue

Rura! Housing and Rural Developinent

76.

95,000

Revenue

Revenue Department

79.

1,50,00,000

1,04,58,00,000

Revenue

Relief on account of Natural Calamities

81.

1,04,58.00,000 .

9,50,000

Revenue

Compensation and Assignment

९८

9,50,000

3.38.000

Revenue

Other Expenditure pertaining to Revenue Department

INDEX

3.38,000 [PART - V

GUJARAT GOVERNMENT GAZETTE , EX. 3-10-2000

27-4

Sums not exceeding

Total

Voted

Services and purposes

No. of Vote/ Appro- priation

Charged onthe Consolidated Fund

18,000

Non-Residential Buildings

84.

1,31.56,000

1,31,56,000

Revenuc Capital .

20,81,000

86.

Roads and Bridges

4,21,58,000

21,58,000

Revenue Capital

5,000

Capital

87 .

Gujarat Capital Construction Scheme

71,92,000

Revenue

88.

Other Expenditure pertaining to Roads and Buildings Department

93.

50,27,000

Capital

Special Component Plan for Scheduled Castes

1,21,58,000

56,58,000

65,00,000

Tribal Area Sub -Plan

94.

22,51,000

Revenue Capital

2,89,00,000

Revenue 2,89,00,000

96.

Youth Services and Cultural Activities

1,30,00,000

Revenue 1,30,00,000

99.

Urban Housing

12,75,57,000

Revenue 12,75,57,000

100.

Urban Development

3,28,05,81,000

18,18,14,000

3,09,87,67,000

Revenue :

Total :

39,75,67,000

4,34,19,000

35,41,48, ,000

Capital :

3,67,81,48,000

3.45.29.15,000

22,52,33,000

Grand Total :

INDEX .'

27-5

GUJARAT GOVERNMENT GAZETTE, EX. 3-10-2000

PART -V]

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 204 of the Constitution of India read with article- 205 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expenditure on certain services and purposes in relation to the financial year ending on the thirty - first day of March, 2001 .

Rs .

The amounts are shown below : -

3.28.05.81,000

(a) Revenue Expenditure

39.75.67.000

(b ) Capital Expenditure

3,67,81,48,000

Total :

Gandhinagar,

VAJUBHAI VALA .

Dated the 3rd October, 2000 .

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

B. L. MEHTA ,

Secretary to Government, Legislative and Parliamentary Affairs Department .

Gandhinagar, Dated the 3rd October , 2000.

V- EX- 27-2

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX