Gujarat Gazette, Part Part -IV Extra, 2001

Extra Ordinary Part - IV / 2001

Extra No.

Date

Department

Extra No.1    30-03-2001   Urban Development & Urban Housing Department
Extra No.2    30-03-2001  Legislative & Parliamentary Affairs Department
Extra No.3    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.4    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.5    30-03-2001  Legislative & Parliamentary Affairs Department
Extra No.6    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.7    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.8    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.9    30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.10   30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.11   30-03-2001   Legislative & Parliamentary Affairs Department
Extra No.12   28-04-2001   Urban Development & Urban Housing Department
Extra No.13   28-04-2001   Legislative & Parliamentary Affairs Department
Extra No.14   28-04-2001   Urban Development & Urban Housing Department
Extra No.15   30-04-2001   Panchayats , Rural Housing & Rural Development Department
Extra No.16   30-04-2001   Urban Development & Urban Housing Department
Extra No.17   30-04-2001   Urban Development & Urban Housing Department
Extra No.18   30-04-2001   Finance Department
Extra No.19   06-08-2001   Legislative & Parliamentary Affairs Department
Extra No.20   06-08-2001   Legislative & Parliamentary Affairs Department
Extra No.21   06-08-2001   Legislative & Parliamentary Affairs Department
Extra No.22   06-08-2001   Legislative & Parliamentary Affairs Department

Extra No.

Date

Department

Extra No.23   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.24   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.25   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.26   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.27   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.28   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.29   31-08-2001   Legislative & Parliamentary Affairs Department
Extra No.30   01-09-2001   Legislative & Parliamentary Affairs Department
Extra No.31   01-09-2001   Legislative & Parliamentary Affairs Department
Extra No.32   01-09-2001   Legislative & Parliamentary Affairs Department
Extra No.33   05-09-2001   Legislative & Parliamentary Affairs Department
Extra No.34   30-10-2001   Legislative & Parliamentary Affairs Department
Extra No.35   25-11-2001   Urban Development & Urban Housing Department
Extra No.36   12-12-2001   Urban Development & Urban Housing Department
Extra No.37   29-12-2001

Social Justice & Empowerment Department

REGISTERED NO . G/GNR/2 Extra No. 1

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I]

FRIDAY, MARCH 30 , 2001 / CAITRA 9 , 1923

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

PART - IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT

Sachivalaya , Gandhinagar, Dated the 30th March , 2001.

GUJARAT ORDINANCE NO . 1 OF 2001 .

AN ORDINANCE

further to amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

WHEREAS the Legislative Assembly of the State ofGujarat. isnot in session ;

Bom.LVII of1947.

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Bombay Rents , Hotel and Lodging House Rates Control Act , 1947;

AND WHEREAS instructions of the President under the proviso to clause ( 1 ) of article 213 of the Constitution of India. have been obtained;

1-1

IV Ex . 1-1

INDEX 1-2

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001 [PART IV

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

1. Short title and commencement . ( 1 ) This Ordinance may be called the Bombay Rents , Hotel and Lodging House Rates Control ( Gujarat Amendment) Ordinance , 2001 .

(2) It shall come into force at once.

Bom. LVII of 1947.

2. Bom . LVII of 1947 to be temporarily amended. During the period of operation of this Ordinance , the Bombay Rents , Hotel and Lodging House Rates Control Act , 1947 ( hereinafter referred to as " the principal Act ") shall have effect subject to the amendments specified in sections 3 to 7 . ۱

3. Amendment of section 3 of Bom . LVII of 1947.--In the principal Act, in section 3 , in sub - section (2) , for the words , figures and letters " the 31st day of March , 2001 " , the words , figures and letters "the 31st day of March , 2006 " shall be substituted.

4. Insertion of new section 11B in Bom . LVII of 1947.- In the principal Act , after section 11A , the following new section shall be inserted , namely: -

Right of tenants in

"11B . Where by reason of earthquake or any other . natural calamity, any material part of the premises is wholly destroyed or rendered substaïntially and permanently unfit for the purpose for which it was let,-

new building when premises damaged or. destroyed due to natural calamity.

(a) the landlord shall erect the new building at the original site, subject to the provisions of any rules , bye-laws or regulations , made by a local authority, not later than twelve months from the date on which material part of premises of the building is wholly destroyed or rendered substaintially and permanently unfit:

Provided that the State Government may for sufficient reasons extend the said period of twelve months to such further period not exceeding twelve months as it thinks fit.

(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord , and :

the provisions of sections 17B and 17C shall , so far as may be , apply. " .

5. Amendment of section 12 of Bom.LVil of 1947.-In the principal Act, in section 12 , after sub - section ( 1A), the following sub - section shall be inserted , namely :-

INDEX :

1-3- PART IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-2001

"(1B) Where by reason of earthquake or any other natural calamity, any material part of premises is wholly destroyed or rendered substaintially and permanently unfit for the purpose for which it was let, the landlord shall not be entitled to--

(a) the standard rent and permitted increases due for the premises ,

(b) recover possession of such premises merely on the ground of non payment of standard rent and permitted increases due,

during the period in which such premises remained so destroyed or unfit. " .

6. Amendment of section 17D of Bom.LVII of 1947.-In the principal Act , in section 17D,-

(1) sub -section ( 1 ) shall be renumbered as clause (a) ofthat sub-section and in clause (a) as so renumbered,-

(i) after the words , figure and letter " of section 11A " , the words , brackets , figure and letters " or as the case may be, in clause (a) of section 11B " shall be inserted ;

(ii ) for the words " exist or not " , the words ,figure and letter " or section 11B exist or not " shall be substituted;

(2.) after clause ( a) as so renumbered , the following clause shall be inserted , namely : --

" (b) The terms and conditions for providing accommodation to tenants after erection of new building shall be such as may be prescribed . " .

7. Amendment of section 49 of Bom.LVII of 1947.In the principal Act , in section 49, in sub - section (2), after clause ( aai ) , the following clause shall be inserted , namely:

(aaai ) the terms and conditions for providing accommodation to tenants under clause (b) of sub - section (1 ) of section 17D . " .

INDEX 1-4

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

[PART IV

STATEMENT

The object underlying the Bombay Rents , Hotel and Lodging House Rates Control Act, 1947, inter-alia is to prohibit landlords from increasing the rent above the maximum permitted under the Act , coriforms security of tenure on tenants and permits landlord to recover possession only on certain specified grounds . This Act expires on the 31st March , 2001 . Asthe problem of housing in the State of Gujarat still continues to be acute , it is considered necessary to extend the duration of theAct for a further period of five years , i.e. upto 31st March , 2006 ..

New section 11B proposed to be inserted in the Act inter alia provides that where by reason of earthquake or any other natural calamity, any material part of the premises is destroyed or rendered unfit for use , the landlord shall erect new building at the original site within a period of twelve months which can be extended by the Government , in case of necessity, for a further period of twelve months . A provision has also been made that the tenant shall have right to occupy a tenement in the new building erected at the original site by the landlord.

With a view to giving protection. a tenant from eviction , it is considered necessary to insert a new sub - section (18) in. section 12to provide that the landlord shall not be entitled to recover possession of the premises on the ground of non- payment of standard rent and permitted increase during the period in which such premises remained so destroyed or unfit .

It is also considered necessary to amend section 17D so as to provide that if the landiord fails to erect new building within the period specified in clause ( a) of section 11B , the original site shall vest in the State Government free from all encumbrances , for the purpose of erection of new buiiding to provide accommodation to the tenant .

Forthis purpose , a Bill called the Bombay Rents , Hotel and Lodging House Rates Control ( Gujarat Amendment ) Bill , 2001 was published with a view to introduce in the last session of the Gujarat Legislative Assembly but could not be taken up by theHouse.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid object .

SUNDER SINGH BHANDARI , Governor of Gujarat .

Gandhinagar, Dated the 30th March , 2001 .

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

C. M. LEUVA,

Secretary to Government .

Government Central Press , Gandhinagar.

INDEX Extra No. 2

REGISTERED NO . G/GNR/2 .

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I ]

FRIDAY, MARCH 30, 2001 / CAITRA 9, 1923

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

こ

PART- IV

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

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 30th March, 2001 is hereby published for general information.

V. M. Kothare,

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

GUJARAT ACT . NO . 1 OF 2001 .

(Firstpublished, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March , 2001 ).

AN ACT

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

2-1

TV Ex . 2-1

INDEX 7

[PART IV 12-2

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

1. (1 ) This Act may be called the Gujarat Development Corporations Laws (Amendment) Act , 2001 .

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 26th December, 2000.

Guj.5of 1972.

2. In the Gujarat Tribal Development Corporation Act , 1972 , in Amendment section 5, in sub -section ( 1 ) , for the words " twenty crores of rupees " occuring at three places , the words " fifty crores of rupees " shall be substituted. of section 5 of Guj . 5 of1972.

3. In the Gujarat Scheduled Castes Development Corporation Act , 1985, Guj . 10 of in section 17, in sub-section ( 1 ), for the words "ten crores of rupees" occuring 1985 . at three places , the words " fifty crores of rupees " shall be substituted.

Amendment of section 17 of Guj. 10 of1985.

ofsection Amendment 18 ofGuj . 11 of 1985.

4. In theGujarat Backward Classes Development Corporation Act , 1985, Guj . 11 of in section 18, in sub- section ( 1 ) , for the words " fifteen crores of rupees " 1985 . occuring at three places , the words "fifty crores of rupees " shall be substituted.

of2000.

Repeal and 5. savings.

(1) The Gujarat Development Corporations Laws (Amendment) Guj . Ord. 8 Ordinance, 2000 is hereby repealed.

(2) Notwithstanding such repeal , anything done or any action taken under the Gujarat Tribal Development Corporation Act, 1972, the Gujarat Guj . 5 of 1972. Scheduled Castes Development Corporation Act, 1985 and the Gujarat Guj . 10 of 1985. Backward Classes Development Corporation Act, 1985, as amended by Guj . 11 of 1985. the said Ordinance shall be deemed to have been done or taken under the said Acts , as amended by this Act.

Government Central Press , Gandhinagar.

INDEX Extra No. 3

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, MARCH 30 , 2001 / CAITRA 9 , 1923

VOL . XLI I ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented toby the Governor on the 30th March , 2001 is hereby published for general information.

V. M. Kothare ,

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

GUJARAT ACT NO . 2 OF 2001 ,

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 2001 ) .

AN ACT

further to amends the Bombay Motor vehicles Tax Act , 1958.

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

IV Ex . 3-1

3-1

INDEX

T 3-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

Short title and commencement.

1. ( 1 ) This Act may be called the Bombay Motor Vehicles Tax ( Gujarat Amendment) Act , 2001 .

(2) It shall be deemed to have come into force on the 25th October, 2000.-

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

Amendment of section 3A ofBom . LXV of1958 .

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

(a) against clause (a) , for the letters and figures "Rs . 3,000 " , the letters and figures "Rs . 2,700 " shall be substituted;

(b) against clause (b) , for the letters and figures "Rs . 4,500 ", the letters / and figures "Rs . 4,050 " shall be substituted.

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

(A) in clause ( a) , -

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

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

(c) in sub -clause (ii) , for the words "three hundred seventy- five rupees " , the words "one thousand twelve rupees " shall be substituted;

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

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

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

(B) in clause (b) , for the portion beginning with the words " period exceeding one month " and ending with the words "the Government authority " , the words "continuous period of not less than one month but exceeding three months in a year " shall be substituted.

Guj . Ord. 3 of 2000.

Repeal and savings.

3. (1 ) The Bombay Motor Vehicles Tax (Gujarat Amendment ) Ordinance, 2000 is hereby repealed.

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

Government Central Press , Gandhinagar.

INDEX Extra No. 4

REGISTERED NO . G/ GNR

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLI I ]

FRIDAY, MARCH 30 , 2001 / CAITRA 9 , 1923

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

PART - IV

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

The following Act of the Gujarat Legislature, having been assented toby the Governor on the 30th March , 2001 is hereby published for general information.

V. M. Kothare ,

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

GUJARAT ACT NO . 3 OF 2001 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 2001) .

AN ACT

further to amend the Bombay Tenancy and Agricultural Lands (Gujarat Amendment ) Act, 1995 .

It is hereby enacted in the Fifty- second Year of the Republic of Indiaas follows :-

IV Ex . 4-1

4-1

INDEX 4-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EΕΧ . , 30-3-2001

1. (1 ) This Act may be called the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Amending Act , 2001 .

Short title and commencement.

2000. (2) It shall be deemed to have come into force on the 6th November,

Guj . 4of 1995 .

Amendment of section 2 of Guj .4 of 1995.

2. In the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1995 ( hereinafter referred to as "the amending Act " ) , in section 2, for the words " shall be deleted " occurring at two places , the words " shall be and shall be deemed always to have been deleted " shall be substituted.

Abatement of legal proceedings.

Bom. LXVII of1948 .

3. All proceedings relating to any order made or purported to be made under section 84C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the principal Act " ) for contravention of provisions of section 63, so far as it relates to the breach of clause (6) of section 2 of the principal Act, pending before any court, tribunal or other authority or any such proceedings initiated by any such authority on or after the commencement of the amending Act shall stand abated notwithstanding anything contained in section 84C of the principal Act .

Saving.

4. The amendment made by section 2 shall not affect the validity ofany such order referred to in section 3, made by any court , tribunal or other authority before the date of commencement of the amending Act , which has become final .

Explanation . For the purpose of this section, the word "final " means no appeal , revision or any other proceeding is pending before any court, tribunal or other authority against any such order on the date of commencement of the amending Act .

5. (1) The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Amending Ordinance , 2000 is hereby repealed .

Guj. Ord.5 of2000.

Repeal and savings.

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

Government Central Press . Gandhinagar.

INDEX Extra No. 5

REGISTERED NO . G/ GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I

FRIDAY, MARCH 30 , 2001 / CAITRA 9 , 1923

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented toby the Governor on the 30th March, 2001 is hereby published for general information.

V. M. Kothare,

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

GUJARAT ACT NO . 4 OF 2001 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 2001) .

AN ACT

further to amend the Gujarat sales Tax Act, 1969.

It is hereby enacted in the Fifty- second Year of the Republic of India asfollows:-

IV Ex . 5-1

5-1

INDEX [PART IV 5-2

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

1. (1) This Act may be called the Gujarat Sales Tax (Amendment) Act, 2001.

Short title and commence- ment.

(2) It shall come into force on the 1ª April , 2001 .

Guj . 1 of

1970,

In the Gujarat Sales Tax Act , 1969, in section 4A, in sub-section ( 1 ) , for the words " one year" , the words " two years " shall be substituted.. 2 .

Amend ment of section 4-A ofGuj . 1 of1970.

Government Central Press , Gandhinagar.

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

सत्यमेवजयते

The Gujarat Government Gazette EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, MARCH 30, 2001 / CAITRA 9 , 1923

VOL. XLI I ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented toby the Governor on the 30th March, 2001 is hereby published for general information .

V. M. Kothare ,

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

GUJARAT ACT NO . 5 OF 2001 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March , 2001) .

AN ACT

further to amend the Gujarat State Guarantees Act , 1963 .

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

6-1

IV Ex . 6-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

6-2

1. ThisAct may be called the Gujarat State Guarantees (Amend- Short title. ment) Act, 2001 .

Guj . XXII of 1963.

1963 .

Inthe Gujarat State Guarantees Act, 1963 , (hereinafter referred Amendment of to as " the principal Act " ) , in section 2, in sub -section ( 1 ), for the letters section 2 of and figures "Rs . 160,00,00,00,000" , the letters and figures "Rs . Guj . XXII of 200,00,00,00,000 " shall be substituted. 2 .

Government Central Press , Gandhinagar.

INDEX Extra No. 7

REGISTERED NO . G/ GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I

FRIDAY, MARCH 30 , 2001 / CAITRA 9 , 1923

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented tobythe Governor on the 30th March, 2001 is hereby published for general information.

V. M. Kothare,

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

GUJARAT ACT NO . 6 OF 2001 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 2001 ) .

AN ACT

further to amende the Gujarat Panchayats Act, 1993.

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

IV Ex . 7-1

7-1

INDEX :

[PART IV

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

7-2

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

2001. Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 4th November , 2000.

Guj . 18 of

1993.

Amendment of section

2. In the Gujarat Panchayats Act, 1993, (hereinafter referred to as the "principal Act" ), in section 257, sub- section (2) shall be deleted.

257 ofGuj . 18 of 1993.

Guj . Ord .

4of2000.

(1) The Gujarat Panchayats (Amendment ) Ordinance , 2000 is hereby

savings.

Repeal and 3. repealed.

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

Government Central Press , Gandhinagar.

INDEX Extra No. 8.

REGISTERED NO. G/ GN &

सत्यमेव जगते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I ]

FRIDAY, MARCH 30, 2001 / CAITRA 9 , 1923

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 30th March, 2001 is hereby published for general information.

V. M. Kothare,

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

GUJARAT ACT NO . 7 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March , 2001 ) .

AN ACT

to authorise withdrawal of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of a part of the Financial Year ending on the thirty first day of March , 2002.

It ishereby enacted in the Fifty- second Year of the Republic of India asfollows :-

2001. 1. This Act may be called the Gujarat Appropriation (Vote on Account)Act, Short title.

...

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 nineteen thousand sevenhundred forty -nine crore one lakh forty -eight thousanu rupees towards defrayingthe several charges which will come in course of payment during the financial year 2001-2002.

Withdrawal of Rs 1,97,49,01,48,000 from and out of the Consolidated Fund of the State of Gujarat for the financial year 2001-2002 .

Appropriation.

3. The sums authorised to be withdrawn 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.

IV Ex . 8-1

8-1 .

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 30-3-2001

8-2

SCHEDULE

(See sections 2 and 3 )

No. of

Services and purposes Vote/ Appro- priation

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

16248000

Revenue

Agriculture and Co- operation Department

3355183000

Revenue 3355183000

Agriculture

2375000

2375000,

Capital

320825000 320825000

8122000 8122000

Capital

Minor Irrigation , Soil Conservation Revenue and Area Development

264952000 264952000

Revenue

Animal Husbandry and Dairy Development

163323000 163323000

Revenue

Co-operation

88968000

8,8968000

Capital

11778000 11778000

Capital

Other expenditure pertaining to Agriculture and Co- operation Department

11540000 11540000

Revenue

7 .

Education Department

426854000 15351935000 14925081000

Revenue

Education

4000 4000

Capital

21850000 21850000

Revenue

410588000 410588000

Capital

Other expenditure pertaining to Education Department

6688000 6688000

Revenue

Energy and Petro- Chemicals Department

25350000 25350000:

Revenue

Tax Collection Charges (Energy and Petro -Chemicals Department)

25755228000

8333000

25746895000

Revenue

Energy Projects

68750000 68750000

: Capital

1250000 1250000

1523000 1523000

Revenue Capital

Other expenditure pertaining to Energy and Petro-Chemicals Department

INDEX PART [V ]

3-3

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

Services and purposes No. of Vote/ Appro- priation

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

26771000

Revenue

Finance Department

26771000

313000

Capital

251483000

Revenue

Tax Collection Charges (Finance Department)

251483000

Revenue

Treasury and Accounts Administration

169635000 169635000

Revenue

Pension and other Retirement Benefits

5440875000

417000

5441292000

2049638000

Revenue

Other expenditure pertaining to Finance Department

2049638000

11404000

42000

11446000

Capital

Revenue

15597333000 15597333000

5496825000

Capital

Repayment of debt pertaining to Finance Department and its servicing

28217000

Revenue

Food , Civil Supplies and Consumer Affairs Department

567982000

Revenue

Civil Supplies

Food

567982000

Revenue

49198000 49198000

1042000 1042000

Capital

1422000 1422000

"Capital

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

7969000

Revenue

Forests and Environment Department

Forests

7969000

443202000

Revenue

443202000

454945000

Capital

32917000

Revenue

Environment

32917000

6654000

Capital

Other expenditure pertaining to Forests and Environment Department

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

8-4

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

8877000

Revenue

Governor

15471000

Revenue

Council of Ministers

46463000

Revenue

Elections

13801000

11096000

2705000

Revenue

Public Service Commission

500775000

Revenue

General Administration Department

43054000

Revenue

EconomicAdvice and Statistics

56989524000

233000

56989291000

Revenue

110360000

Capital

Other expenditure pertaining to General Administration Department

37055000

393000

36662000

Revenue

State Legislature

489000

Capital

Loans and Advances to Government Servants in Gujarat Legislature Secretariat

17549000

Revenue

Health and Family Welfare

Department

2829192000

Revenue

Medical and Public Health

590102000

599,102000

Revenue

Family Welfare

298559000

Revenue

18584000

Capital

Other expenditure pertaining to Health and Family Welfare Department

24576000

Revenue

Home Department

2997778000

Revenue

Police

97181000

Revenue

Jails

752454000

Revenue

Transport

173333000

173233000

Capital

INDEX PART IV]

8-5

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

Services and purposes No. of Vote/ Appro- priation

State Excise

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

Revenue

22107000

Revenue

Other expenditure pertaining to HomeDepartment

273318000

125000

273443000

205684000

Capital

Industries and Mines Department

205684000

11925000

Revenue

Stationery and Printing

11925000

Revenue

Industries

172911000

Revenue 4683751000

4683751000

13146000

Capital

Mines and Minerals

13146000

Revenue

Tourism

70757000

Revenue

67771000

Revenue

Other expenditure pertainingto Industries and Mines Department 16750000

16750000

64323000

Capital

64323000

"Revenue

1 Information and Broadcasting Department

3043000

Revenue

Information and Publicity

105173000

Revenue

9263000

1684000

Capital

Other expenditure pertaining to Information and Broadcasting " . Department

1684000

7202000

Revenue

Labour and Employment Department

Labour and Employment

7202000

461254000

Revenue

461254000

8787000

Capital Other expenditure pertaining to Labour and Employment Department

Revenue

Legal Department

Administration of Justice

9286000

Revenue

Other expenditure pertaining to Legal Department

360755000

57013000

417768000

16805000

7280000

Revenue Capital

INDEX

7280000 [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

8-6

Services and purposes No. of Vote/ Appro- priation

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

7698000 7698000

Revenue

Legislative and Parliamentary Affairs Department

276000 276000

Capital Other expenditure pertaining to Legislative and Parliamentary Affairs Department

22083000 22083000

Revenue

Narmada, Water Resources and Water Supply Department

4596786000 4596786000

Capital 65

Narmada Development Scheme

8601848000 8601848000

Revenue

Irrigation and Soil Conservation 66

1385458000 1385458000

Capital

626321000 626321000

Revenue

Water Supply

1602750000

Capital

21000 21000

Revenue

23354000 23354000

Capital

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

12667000 12667000

Revenue

Panchayats , Rural Housing and Rural Development Department

1135035000 1135035000

Revenue

Community Development

2056946000

667718000

1389228000

Revenue

71.

47000000 47000000

Capital

Rural Housing and Rural Development.

107768000 107768000

Revenue

Compensations and Assignments

255243000 255243000

Revenue

90786000 90786000

Capital

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

96876000 96876000

Revenue

Fisheries

38755000 38755000

Capital

3459000

Revenue

1194000 1194000

Capital

OtherExpenditure pertaining to Ports and Fisheries Department.

46210000 46210000

Revenue

Revenue Department

INDEX GUJARAT GOVERNMENT GAZETTE, EX. , 30-3-2001 8-7

PART IVI

Services and purposes No. of Vote/ Appro- priation

Sums not exceeding

Total .

Voted

Charged on the Consolidated Fund

233637000

Revenue

Tax Collection Charges (Revenue Department)

233637000

268665000

Revenue

District Administration

13323700000 .

13323700000

Revenue

Relief on account of Natural Calamities

70051000 70051000

Revenue .

DangsDistrict

90686000

492000

90194000

Revenue

Compensations and Assignments

208000

125000

83000

Capital

1681000 1681000

Revenue

28787000 28787000

Capital

Other expenditure pertaining to Revenue Department

25775000 25775000

Revenue

Roads and Building Department

933487000.

333000

933154000

Revenue

Non-Residential Buildings

327838000 327838000

Capital

325822000 325822000

Revenue

Residential Buildings

70965000

Capital

2295833000

Revenue.

Roads and Bridges

1288225000 1288225000

Capital

34627000

Revenue

115479000 115479000

Capital

Gujarat Capital Construction Scheme

58333000 58333000

Revenue

10810000 10810000

Capital

Other expenditure pertaining to Roads and Building Department.

9538000 9538000

Revenue

Social Justice and Empowerment Department

1060821000

4167000

1056654000

Revenue

Social Security and Welfare

6104000 6104000

Capital

237983000

Revenue

Welfare of Scheduled Tribe 91

7917000 7917000

Capital

3272000 3272000

Capital

Other expenditure pertaining to Social Justice and Empowerment Department

INDEX 8-8

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Revenue 1258004000

1258004000 Special Component Plan for Scheduled Castes

47193000

Capital

47193000

i Tribal Area Sub - Plan .

Revenue 3403015000

3403015000

654580000

Capital

Revenue

4210000

4210000 Sports , Youth and Cultural Activities Department

Revenue

123577000

123577000 Youth Services and Cultural Activities

1451000

Capital

1451000 Other expenditure pertaining to Sports , Youth and Cultural Activities Department

Revenue

7001000

7001000 UrbanDevelopment and UrbanHousing Department

Reveriue

Urban Housing

36691000

204451000

241142000

100

Revenue

897080000

UrbanDevelopment

897080000

47583000

Capital

47583000

101

Revenue

353375000

114626000

468001000 Compensations , Assignments and Tax Collection Charges

102

7002000

Revenue

7002000

1477000

Capital

1477000 Other expenditure pertainingto UrbanDevelopment and UrbanHousing Department

Total :

Revenue 162821014000 17102461000 179923475000

Capital 12069681000 5496992000 17566673000

Grand Total:

174890695000 22599453000 197490148000

Government Central Press , Gandhinagar.

INDEX Extra No. 9

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, MARCH 30 , 2001 / CAITRA 9, 1923

VOL . XLI I ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented toby the Governor on the 30th March, 2001 is hereby published for general information.

V. M. Kothare ,

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

GUJARAT ACT NO . 8 OF 2001 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March , 2001 ) .

AN ACT

: to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty -first day of March, 2001 .

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

1. Act, 2001 . This Act maybe called the Gujarat (Supplementary ) Appropriation Short title.

from and out of Rs.1,24,89,37,38,000 the Consolidated Fund of the State ofGujarat for the 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 twelve thousand four hundred eighty - nine crores , thirty - seven lakhs , thirty- 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 2000-2001 . 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 .

IV Ex . 9-1

9-1

INDEX 9-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

97,000 2,67,61,000

Revenue

2,66,64,000

Agriculture

28,22,000

Revenue

Minor Irrigation, Soil Conservation and Area Development

2,98,17,000

Revenue

13,67,000

2,84,50,000

6,55,23,000

2,70,00,000

3,85,23,000

Capital

Animal Husbandry and : Dairy Development

21,55,000

Capital

Co-operation

3,41,000

Revenue

Other Expenditure pertaining to Agriculture and Co- operation Department

1,03,16,18,000

1,03,64,000 1,04,19,82,000

Revenue

Education

Revenue

1,000 11.

1,000

Tax Collection Charges (Energy and Petro- Chemical Department)

21,40,16,35,000 12.

Revenue 21,40,16,35,000

Energy Projects

1,36,91,00,000

Capital

1,000

Revenue

1,000

16.

Treasury and Accounts Administration

2,000

Revenue

18.

Other Expenditure pertaining to Finance Department

1,000

Revenue:

19.

72,53,91,20,000

Çapital

Repayment of Debt pertaining to Finance Department and its servicing

61,27,000

1,42,000

59,85,000

21.

Revenue

Civil Supplies:

42,94,000

1,19,000.

Revenue

22.

Food

41,75,000

2,05,000

Forests

25.

Revenue ..

INDEX 9-3

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

PART IV]

No. of

Vote/

Services and purposes

Аррго- priation.

29.

Council of Ministers

Sums not exceeding

Voted

Total

Charged onthe Consolidated Fund

Revenue

30.

39,20,000

Revenue

Elections

31.

Public Service Commission 1,67,51,000

1,67,51,000

Revenue

32.

18,26,000

Revenue

General Administration Department

33 .

57,15,000 57,15,000

Revenue

Economic Advice and Statistics

34.

12,40,80,000

Revenue

4,80,000

1,18,93,000

1,23,73,000

6,39,80,000 6,39,80,000

Capital

Other Expenditure pertaining to General Administration Department

35.

1,000

Revenue

State Legislature

38 .

Medical and Public Health

1,65,000.

1,66,000

39,85,000

Revenue

40.

39,85,000

Revenue

Other Expenditure pertaining to Health and Family Welfare Department

Police

1,000

Revenue

43.

Jails

4,19,000

8,14,26,000

8,18,45,000

Revenue

46.

79,11,000

Revenue

Other Expenditure pertaining to Home Department

3,45,24,000

16,25,000 3,61,49,000

26,26,000

Capital

47.

Revenue

Industries and Mines Department

49.

Industries

2,69,000

49,56,000

Revenue

52,25,000

91,77,49,000

Capital

54 .

Revenue

Information and Publicity

56.

2,23,37,000 2,23,37,000

Revenue

Labour and Employment Department

57 .

8,53,000 8,53,000

Revenue

Labour and Employment

60.

2,70,44,000

2,70,44,090

Revenue

Administration of Justice

INDEX

1,000 1,000 [PART IV

GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 30-3-2001

9-4

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

61 .

6,46,000-

Revenue

6,46,000 Other Expenditure pertaining to Legal Department

64.

Revenue

Narmada Water Resources and water supply Department

66.

2,45,000

Revenue

2,44,000

1,000

2,41,69,000 Irrigation and Soil Conservation

2,41,68,000

1,000

Capital

67.

Revenue

1,000

Water Supply

4,31,95,80,000

Capital

Revenue

68.

3,30,91,000

Other Expenditure pertaining to Narınada ,Water Resources and Water Supply Department

70.

Revenue 29,93,27,000

29,93,27,000 Community Development

71.

Revenue

2,000

25,11,06,000 25,11,08,000 Rural Housing and Rural Development

73.

-Revenue 9,98,18,000

9,98,18,000 Other Expenditure pertaining to Panchayats , Rural Housing and Rural Development Department

76.

Revenue

1,00,86,000

Revenue Department

78.

2,80,000

District Administration

Revenue 55,50,000

58,30,000

79.

21,05,47,10,000

Revenue 21,05,47,10,000

Relief on account of Natural Calamities

Revenue.

80.

3,10,38,000

DangsDistrict

9,90,000 81 .

Revenue

9,90,000

Compensation and : Assignment

82 .

36,10.000

Revenue 36,10,000

Other Expenditure pertaining to Revenue Department

13,61.000

13.61,000

84.

Revenue

Non-Residential Buildings

4,000

67,000

71,000

Capital

INDEX 9-5

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

PART IV]

Services and purposes No. of Vote/ Appro priation

85.

Sums not exceeding

Voted

Total

Charged.

on the

. Corisolidated Fund

5,00,01,000

Capital

Residential Buildings

86.

5,00,01,000

1,000

Revenue

Roads and Bridges

22,89,000

22,90,000

5,98,48,000 5,83,92,000

Capital

88.

14,56,000

55,23,000

Revenue

Other Expenditure pertaining to Roads and Buildings Department

90.

1,87,23,000 1,32,00,000

Revenue

Social Security and Welfare

91.

6,50,00,000 7,56,24,000 1,06,24,000

Revenue

Welfare of Scheduled Tribes

93.

1,000

Revenue

Special Component Plan for Scheduled Castes

94.

'Tribal Area Sub - Plan

1,000

Revenue

55,34,000 10,63,25,000 10,07,91,000

1,50,02,000

1,08,000 1,51,10,000

Capital

95.

9,28,000

Revenue

Sports, Youth and Cultural Activities Department

96.

9,28,000

1,76,99,000 1,76,99,000

Revenue

Youth Services and Cultural Activities

99.

Revenue

UrbanHousing

100.

9,90,06,000

2,79,00,000 、

7,11,06,000

11,01,40,000

Revenue

Urban Development

11,01,40,000

9,31,87,000 9,31,87,000

Capital

101.

Revenue

Compensation Assignment and Tax Collection Charges

Revenue :

Total :

Capital

Grand Total:

11 - Ex.9-2

28,37,50,000 28,37,50,000

45,37,15,19,000

69,34,98,000

44,67,80,21,000

79,52,22,19,000

72,59,19,19,000

6,93,03,00,000

1,24,89,37,38,000

73,28,54,17,000

51,60,83,21,000

Government Central Press , Gandhinagar.

INDEX Extra No. 10

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLII]

FRIDAY, MARCH 30, 2001 / CAITRA 9, 1923

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

PART- IV

Actsofthe Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented toby the Governor on the 30th March , 2001 is hereby published for general information .

V. M. Kothare,

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

GUJARAT ACT NO. 9 OF 2001 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March , 2001 ).

AN ACT

to authorise payment and appropriation of certain further sums from and outof the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty - first day of March , 1989 .

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

1. This Act may be called the Gujarat Appropriation (Excess Expenditure) Short title. Act, 2001 ...

Issue of Rs.75,11,38,457 the Consolidated Fund ofthe State of Gujarat for the financial year 1988-89. from and out of 2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sun of seventy-five crores , eleven lakhs , thirty-eight thousand, four hundred and fifty- seven rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty- first day of March, 1989, 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 deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty - first day of March , 1989 .

IV Ex . 10-1

10-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

10-2

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Services and purposes

Total

Votedby the Legislative Assembly

Charged

onthe

Consolidated

Fund

No. of Excess Demand/ Appro- priation

Rs .

Rs.

1,30,19,812 1,30,19,812

Revenue

Agriculture

42,31,849

Revenue

Minor Irrigation , Soil Conservation and Area Development

38,52,690

Revenue

38,52,690

16,53,600

Capital

Animal Husbandry and Dairy Development

87.93,568

87,93,568

Revenue

Other expenditure pertaining to Agriculture and Rural Develop- ment Department

6,91,08,450 6,91,08,450 7.

Capital

Co-operation

89,89,000 10.

89,89,000

Education

Revenue

32,42,69,135

2,11,571

15.

Revenue

32,44,80,706 Pension and other retirement benefits

23.

Revenue

83,41,796

83,41,796 Forests

1,74,37,793

Capital

25.

16,62,967

Capital

Other expenditure pertaining to Forest and environment Department

१८ ९

15,76,544 Election

28.:

15,76,544

Revenue

36.

Revenue

3,25,37,006 Medical and PublicHealth

3,25,37,006

7,08,10,908 Police

41.

7,07,96,855'

14,053

Revenue

42.

Revenue

77,21,975

Jails

77,21,975

43.

22,26,369

Other expenditure pertainingReyenue

5,38,227

5,38,227 toHomeDepartment Capital

8,17,739 44.

8,17,739

Revenue

2 Industries Mines and Energy Department

INDEX PART IV]

8-3

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001 .

Services and purposes No. of Excess Demand/ Appro- priation

48.

Mines and Minerals Department Sums not exceeding

Total

Votedby the Legislative Assembly

Charged onthe Consolidated. Fund

Rs .

Revenue

54.

26,59,960

Capital

Other expenditure pertaining to Information, Broadcasting andTourism Department.

57: 1 Other expenditure pertaining to IrrigationDepartment

74,560

1,16,860

Revenue Capital

2,49,531

Revenue

58. Labour and Employment Department

62.

Administration of Justice

14,548

Revenue

1,68,834

Revenue

67. Panchayats and Rural Housing Department

69.

RuralHousing

78,772

Revenue

92;301

92,301

Revenue

71. : OtherExpenditure pertaining to Panchayats, Rural Housing ...Department..

74. Transport

23,870

Revenue

79. District Administration

10,51,66,617 10,51,66,617

Revenue

81.

DangDistrict

83,710

3,62,596

4,46,306

Revenue

22,28,515

Revenue

84. Roads and Buildings Department

33,23,911

Revenue

85. Non-Residential Buildings

87. Roads andBridges

2,42,27,440 2,42,27,440

Capital

89. OtherExpenditure pertaining to Roads and Building Department

Capital

90.

8,798

5,173

Reveriue

Social Welfare Department

INDEX

75,159

75,159 [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

10-4

Sums not exceeding

Total Services and purposes

Voted by the Legislative Assembly

Charged

on the

Consolidated

Fund

No. of Excess Demand/ Appro- priation

Rs .

Rs.

5,66,593

Revenue

StateExcise..

91.

93.

91,070

Capital

Other expenditure pertaining to Social Welfare Department

3,10,97,730

Revenue

94.

Special Component Plan forScheduled Castes

26,17,531

26,17,531,

Revenue

Welfare of Scheduled Tribes

96.

3,379

Revenue

102

....... Compensations , assignments and Tax Collection Charges

66,03,08,288

64,19,27,313

Revenue :

1,83,80,975

Total:

9,08,30,169

9,08,21,371

8,798

Total:

Capital :

73,27,48,684 75,11,38,457

1,83,89,773

Grand Total:

Government Central Press , Gandhinagar.

INDEX Extra No. 11

REGISTERED NO . G/ GNR/

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLI I)

FRIDAY, MARCH 30 , 2001 / CAITRA 9, 1923

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

PART- IV

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

The following Act of the Gujarat Legislature, having been assented tobytheGovernor on the 30th March, 2001 is hereby published for general information .

V. M. Kothare ,

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

GUJARAT ACT NO . 10 OF 2001 .

(Firstpublished, after having received the assent of the Governor in the "Gujarat Government Gazette " on the 30th March, 2001 ) .

AN ACT

to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty - first day of March, 1990 .

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

Shorttitle.

1. This Act may be called the Gujarat Appropriation (Excess Expenditure ) (Second) Act , 2001 .

Issue of

Rs.1,12,51,91,033 from and out of the ConsolidatedFund of the State of Gujarat for the financialyear 1989-90.

2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate, to the sum of one hundred twelve crores , fifty- one lakhs , ninety - one thousand , thirty -three rupees towards defraying the several charges which have come in course of payment during the financial year ending on the thirty - first day of March , 1990, 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 decmed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirty- first day of. March, 1990 .

IV Ex. 11-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 30-3-2001

11-2

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Total

Services and purposes

+ Charged

Votedby the Legislative Assembly

onthe

Consolidated

Fund

No. of Excess Deinand/ Appropri- ation

Rs .

Rs.

10,801

Revenue

Agriculture.

80,99,027

Revenue

Animal Husbandry

1,53,090

1,53,090 .

Revenue

Education Department

69,35,275

Capital

Education

10.

15.

1,02,93,705

Revenue

Pension and other Retirement benefits

5,729

Revenue

16.

Other expenditure pertaining to Finance Department

18.

15,045

Revenue

Food and Civil Supplies Department

1,46,50,714

Revenue

Forests

23 .

32.

3,234

Revenue

Other expenditure pertaining to General Admministration Department

20,60,00,000

Revenue

38 .

Water Supply

85,517

Revenue.

40.

HomeDepartment

16,30,852

16,30,852.

Revenue

Jails

42.

15,44,039

Revenue

43.

Other expenditure pertaining toHome Department

3,53,445

Revenue

44.

Industries , Mines and EnergyDepartment

22,07,043

Revenue

46. Stationery and Printing

INDEX 11-3 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX . , 30-3-2001

Sums not exceeding

Services and purposes

Total No. of Excess Demand/ Appropri- ation

Votedby the Legislative Assembly

Charged on the Consolidated Fund

Rs.

Rs .

59 .

Administration of Justice

Revenue

1,04,300

60.

Revenue

14,343

14,343 Other expenditure pertaining to Legal Department

62.

Revenue

NarmadaDevelopment Scheme

55,00,28,077 55,00,28,077

63.

Capital

17,14,875

17,14,875 Other expenditure pertaining to Narmada Development Department

69 .

Revenue

4,20,678 .

4,20,678 Ports, Transport and Fisheries Department

etAdministration

Revenue

81,02,954

n account of natural

Revenue

74,37,054

Dangs District

Revenue

16,11,907

79.

Compensations and Assignment Revenue

9,04,526

Revenue

14,22,374 14,22,374 Roads and Building Department

82.

Revenue

Non Residential Buildings

4,77,99,574 4,77,99,574

83 .

Residential Buildings

1,35,62,866 1,35,62,866

248

Revenue Capital

248

84.

Roads and Bridges

Revenue

15,28,42,065 15,28,42,065

86.

Revenue 46,91,151

21,34,073

68,25,224 Other expenditure pertaining to Roads and Buildings Department

88.

StateExcise

Revenue

11,59,420

90.

Other expenditure pertaining to Social Welfare Department. Capital

4,22,720

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE ; EX . , 30-3-2001

11-4

Sums not exceeding

Total

Services and purposes

Voted by the Legislative Assembly

Charged

onthe

Consolidated

Fund

No. of Excess Demand/ Appropri- ation

Rs .

42,80,311

Capital

91.

Special component plan for Scheduled Castes .

34,83,032

Capital

Welfare of Schedule Tribes

93 .

76,639

Revenue

96...

Urban Development and Urban Housing Department

5,251

Revenue

97.

Urban Housing

15,84,414

Revenue

99.

Compensations , Assignment and Tax Collection Charges

12,94,980

12,94,980 .

Revenue

101.

Water Resources Department

6,81,05,685

Revenue

Irrigation and Soil Conservation

102 .

1,10,83,54,572

1,10,35,39,357

48,15,215

Revenue :

Total :

1,68,36,461

248

1,68,36,213

Capital :

1,12,51,91,033

1,12,03,75,570

48,15,463

Grand Total:

Government Central Press , Gandhinagar.

INDEX Extra No. 12

REGISTERED NO . G /GNR/ ..

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, APRIL 28 , 2001 /VAISAKHA 8 , 1923

VOL. XLII ]

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

PART - IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT い。

Sachivalaya , Gandhinagar, Dated the 28th April , 2001 .

GUJARAT ORDINANCE NO . 2 OF 2001 .

AN ORDINANCE

further to amend the Gujarat Town Planning and Urban Development Act, 1976.

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

AND WHEREAS the Governor of Gujarat is satisfied that cir- cumstances exist which render it necessary for him to take immediate action to amend the Gujarat Town Planning and Urban Development Act . 1976 :

President's Act No. 27 of 1976 .

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

IV - EX . 12-1

12-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

12-2

1. Short title and commencement . ( 1 ) This Ordinance may be

called the Gujarat Town Planning and Urban Development (Amendment). Ordinance , 2001 .

(2) It shall come into force at once.

President's Act No. 27 of1976.

2. President's Act No. 27 of 1976 to be temporarily amended . During the period of operation of this Ordinance , the Gujarat Town Planning and Urban Development Act, 1976 ( hereinafter referred to as "the principal Act" ) shall have effect subject to the amendment specified in section 3 .

3. Amendment of section 5 of President's Act No. 27 of 1976. - In the principal Act , in section 5 , after sub - section (3 ) the following sub - section shall be inserted , namely :---

"(3A) The State Government , to deal with the situation causing out of natural calamity or disaster, may by notification , constitute or reconstitute any existing area development authority constituted under sub- section (3) , for any development area notified under section 3, consisting of such members as it deems fit. " .

INDEX 12-3 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX . , 28-4-2001

STATEMENT

Under the provision of section 5 of the Gujarat Town Planning and Urban Development Act, 1976, the State Government is empowered for constitution of area development authority for the development areas declared under section 3 .

Recently, a grave situation has arisen out of the devastating earthquake wherein the urban areas need to be provided with specialised and modern planning to cope with the requirements of seismic safeguards , etc. , in the development plans . At the same time, there is need for incorporating experts in the constitution of area development authorities to make the constitution of area development authorities capable to deal with the situation . The very constitution of the area development authority in sub - section ( 3 ) of section 5 of the said Act, need to be changed by either constituting or reconstituting the area development authority consisting of members in a manner to deal more effectively with the situation arising out of the natural calamity or disaster. It is , therefore , considered necessary to amend the existing provision relating to constitution of area development authority of the said Act .

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid object.

Gandhinagar,

SUNDAR SINGH BHANDARI , Governor of Gujarat .

Dated the 27th April , 2001 .

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

DR . MANJULA SUBRAMANIAM

Principal Secretary to Government .

Government Central Press , Gandhinagar.

INDEX זייירין:

Extra No. 13

REGISTERED NO . G /GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLII ]

SATURDAY, APRIL 28 , 2001 /VAISAKHA 8 , 1923

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 27th April , 2001 is hereby published for general information .

V. M. Kothare ,

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

GUJARAT ACT NO . 11 OF 2001 .

(FirstPublished, after having received the assent of the Governor in the "Gujarat Government Gazette" on the 28th/ April , 2001 .

AN ACT

to provide for regulation of transmission , supply and distribution of gas , in the interests of general public and to promote gas industry in the State and for that purpose to establish Gujarat Gas Regulatory Authority and for matters connected therewith or incidental thereto .

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Gujarat Gas (Regulation of Transmission , Supply and Distribution) Act, 2001 .

Short title, extent and commence- ment.

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

(3) This section shall be deemed to have come into force on 19th December, 2000 and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint .

IV- EX . 13-1

13-1

INDEX

      13-2        GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 28-4-2001                                [PART IV
Definitions.   2.
                     In this Act, unless the context otherwise requires ,-
                    (a)  under section 4; "Authority" means the Gujarat Gas Regulatory Authority established
                    (b)  "bulk consumer " means a person who consumes gas exceeding
                         twenty- five thousand cubic metres per day;
                    (c)  "Chairperson " means the Chairperson of the Authority;
                   (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;
                   (g)   "distribution" means distribution of gas at a low pressure by means
                         of pipelines 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,
                        fromtime 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 ofkilograms 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 company" means such company or companies the main
                       object ofwhich 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)   ofpipelines; and "transmission " means transmission of gas at a high pressure by means
                 (v)    "Tribunal " means the Tribunal constituted under section 30.

INDEX

1-EL 13-3 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

CHAPTER II

COMMISSIONER OF GAS

Commissioner:

(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.

(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 sach designation ( if any) , as the State Government thinks necessary.

CHAPTER III

ESTABLISHMENT AND CONSTITUTION OF AUTHORITY

4. (1) The State Government shall, by notification in the Official Gazette, establish anAuthority by the name of the Gujarat Gas Regulatory Authority with effect from such date as may be specified in the notification.

Establishment and incorporation ofAuthority.

(2) The Authority shall be a body corporate with perpetual succession and common seal and may sae 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.

Headquarters ofAuthority.

Theheadquarters 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.

6. (1) The Authority shall consist of a Chairperson and two other members to be appointed by the State Government.

Constitution ofAnthority.

(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 ofthree 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 officeand 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:

INDEX [PART IV

EX. , 28-4-2001

13-4 GUJARAT GOVERNMENT GAZETTE,

Provided that the salary and allowances and other conditions ofservice of a member shall not be varied to his disadvantage during the tenure ofhis office .

Filling up of 8. vacancies .

On occurrence 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.

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 ;

D (c) is, or at any at any time , has been adjudged an insolvent or has suspended payment of his debts or has compounded with his creditors;

(d) is of unsound 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 resiguation ofmember.

Notwithstanding anything contained in sub- section ( 1 ) of section 7, the State Government 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 ) of section 9 or clause (b ) , ( c) or (d) of sub - section (1 ), unless the committee on a reference made to it in this behalf by

INDEX 13-5 PART.IV] GUJARAT GOVERNMENT GAZETTE, EX. , 28-4-2001

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 of the Committee on such reference .

(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

11.

Committee forinquiry.

(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 as may 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 from the date of such cesser;

Prohibition of appearance before Authority etc. onceasing to be amember.

(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 103 ' company' shall have the same meaning as assigned to it in clause (a) ofExplanation to section 36.

13.

Meetings of Authority.

( 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 to transaction of its business at its meetings (including the quorum at such meetings) as may be provided by the regulations .

(2). If the 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 amajority of the members present and voting, and in case ofan equality of votes , the Chairperson or in his absence, the person presiding, shall have and exercise a second or casting vote .

IV- Ex - 13-2

INDEX [PART IV 13-6 GUJARAT GOVERNMENT GAZETTE, EX. , 28-4-2001

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. TheAuthority 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 .

16. (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.

Acts and proceedings presumedto bevalid.

(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 to be a member or that there was any other defect in his appointment.

CHAPTER IV

FUNCTIONS AND POWERS OF AUTHORITY

Functions of 17 . Authority.

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 of gas 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 ofgas ,

(g) to set and enforce standards of safety , operation and environment fortransmission , 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 company and a licensee or a supplier or between a supplier and a person who buys gas from supplier and to refer matters for arbitration if considered necessary, in accordance with the provisions of thisAct,

(j ) to hold, wherever necessary, an inquiry in accordance with such procedure as may be prescribed,

INDEX 100019

13-7 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

(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 of the 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 ,

(d) requisitioning of any public record or a copy thereof from any court or office ,

(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 powers 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 a specified 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 inthe 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 a specified 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 ofgas or of any undertaking engaged in supply, distribution or use ofgas , 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 company engaged in transmission of gas or any person engaged in supply, distribution or use of gas in relation

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

13-8

towhich or whom such inquiry is made or proceedings are undertaken are being or may be destroyed, mutilated , altered, falsified of secreted, the Authority may by written order authorise any officer of the Authority to enter and search any place of business of the companyor person or any other place where the Authority has reason tobelieve 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 á receipt therefor 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) .

(7) TheAuthority may, by a general or special order call upon a specified company or any person to furnish to the Authority periodically or, as andwhen 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 a specified company for transmission, and

13 of 1885 .

(ii) upon a licensee or any other person for supply and distribution , any of the 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

Fund of 19. (1) The Authority shall have its own fund and all receipts ofthe Authority
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) Allmoneys belonging to the Fund of the Authority shall be deposited in
such bank or invested in Government securities or in such other manner,
as the State Governinent may, by general or special order, direct.
Budget of 20. The Authority shall prepare , in such form and at such time in each
Authority. financial year, as may be prescribed, its budget for the next financial
year, showing the estimated receipts and expenditure ofthe Authority
and forward the same to the State Government.
Accounts 21. ( 1 ) The Authority shall maintain proper accounts and other relevant
and audit of records and prepare an annual statement of accounts in such form as
Authority. may be prescribed , in consultation with the Comptroller and Auditor-
General of India.

INDEX 13-9 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

(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.

(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 annually to 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.

22.

Annual report of Authority .

( 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) Acopy ofthe report received under sub - section (1 ) shall be laid, as soon as may be , after it is received, before the State Legislature .

CHAPTER VI

TRANSMISSION OF GAS

23. (1 ) (a) No person other than a specified company and a person referred to in sub- section ( 1 ) of section 55 shall carry on the business of transmission in the State .

Specified company to transmit gas inState..

(b) Subject to the rules , if any, a specified 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 , a specified 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.

TV - Ex - 13-3

INDEX GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001 [ PART IV

13-10

24.

Except to the extent otherwise expressly provided in sub - section (1) ofsection 55, on and with effect from the date of coming into force the remaining provisions of this Act , the specified company only shall carry on the business of transmission in the State .

Specified company only to carry 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 licence.

(2) No person shall lay pipelines for distribution in the State unless he is a licensee .

( 1 )

26.

Grantof 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 on the date of coming into force the remaining provisions 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 or refused 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 of the applicant to undertake the business of distribution 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 , asmay 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 of public 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.

INDEX PART IV] GUJARAT GOVERNMENT GAZETTE,

13-11

EX. , 28-4-2001

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.

Ifthe Commissioner is satisfied either on a reference made to it or otherwise that-

Revocation and oflicence. suspension (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 orthe 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--

(i) revoke the licence on the ground stated in clause ( a) , or

(ii) revoke the licence or forfeit the sun , if any, or any portion thereof deposited 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 clausę (b) .

CHAPTER VIII

ARBITRATION AND APPEALS

29. ( 1 )

Arbitration by Authority.

( a) Any dispute arising between a specified company and a licensee or between licerisees 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 during 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.

INDEX 13-12

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 28-4-2001

30.

ofTribunal. Constitution ( 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 of whom-

(a) one shall be a person who is or has been a Judge of theHigh 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 of the inember of the Tribunal before the expiry of the term ofhis 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 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 raind 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 of regulating 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.

Tribanal . 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.

XXXVI of

(2) The Tribunal shall be deemed to be a 'court for the purpose of section 5 of the Limitation Act, 1963 .

1963 .

INDEX 13-13 PART IV] GUJARAT GOVERNMENT GAZETTE , EX . , 28-4-2001

Appeals.

32. ( 1 ) An appeal shall lie to the Tribunal against the following orders and award , namelyr

(a) an order refusing to grant a licence under section 26,

(b) an order revoking or suspending a licence or forfeiting the sum of deposit under section 28,

2. (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.

(4) In computing the period of limitation, the provisions of sections 4 and 12 of the Limitatión Act, 1963 shall , so far as may be , apply.

XXXVI of 1963.

Bom. XXXVI of1959.

(5) Notwithstanding anything contained in the Bombay Court Fees Act, 1959, an appeal under this section shall bear a court fee stamp of such value as may be prescribed.

Bar of jurisdiction ofcivil court .

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.

(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.

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.

Whoever carries on business of distribution 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 rüpees orwith both and in the case of a 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 .

TV - Ex.13-4

INDEX :

13-14 GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

[PART IV

36. (

Offencesby companies .

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 thebusiness of the company, as well as the company, shall be deemed - tobe 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.

37.

ofoffences. Cognisance

( 1 ) No court shall take cognisance of any offence punishable under this Actexcept on a report in writing of the facts constituting such offence made by an officer of the Authority generally or specially authorised by it in this behalf.

2 of 1974.

(2) Notwithstanding anything contained in section 200 of the Code of Criminal Procedure , 1973, it shall not be necessary to examine the authorised officer of the Authority when cognisance of an offence is taken on a report of such officer under sub - section ( 1 ).

38.

Jurisdiction ofcourt.

No court inferior to that of a Metropolitan Magistrate or aMagistrate ofthe First Class shall try an offence punishable under this Act.

39.

ofoffences . Compounding ( 1 ) The Commissioner may, either before or after the institution of proceeding for any offence punishable under section 34 or 35 or under any rules or regulations accept from any person charged with such offence by way of composition of the offence , a sum not exceeding the maximum penalty of fine with which the offence is punishable .

(2) On payment of such sum, as may be determined by the Commissioner under sub - section ( 1 ) , no further proceedings shall be taken against the accused person in respect of the same offence.

INDEX :

13-15

EX. , 28-4-2001 PART IV] GUJARAT GOVERNMENT GAZETTE ,

CHAPTER X

MISCELLANEOUS

of Standards performance.

40. ( 1 ) The Authority may, in consultation with the specified company and licensees and, if deemed fit, with such other persons as it thinks necessary, by an order

(a) lay down-

(i) such standards of overall performance in connection with transmission and distribution as in its opinion is necessary for a specified company or, as the case may be , a licensee to achieve,

( ii) such standards in connection with efficient use of gas by.consumers as in its opinion are necessary,

(b ) prescribe operation codes including network code to be complied with by a specified company, licensees and suppliers ,

(2) The order made under sub -section ( 1 ) shall be published in such manner as the Authority thinks fit .

onstandards of Information performance.

41. The Authority may in consultation with licensees and if deemed fit, with such other persons as it thinks necessary , prescribe by regulations the circumstances in which the licensees shall inform the consumers of gas of, their rights in relation to distribution to them and compensation to be paid by the licensees to the consumers for any delay or default committed by the licensees in distribution to consumers .

42. ( 1 ) The Authority may, from time to time, collect information with respect to-

(a) the fines or penalties levied on licensees under this Act, and

Information withrespect tolevelof performance.

(b) the levels of performance achieved by a specified company in connection with the transmission and by the licensees in connection with distribution and efficient use of gas by consumers .

(2) For the purposes of sub - section ( 1 ) , each licensee shall , on or before such date in each year as may be specified by the Authority in a direction issued in that behalf, furnish to the Authority, the following information with respect to each standard laid down under clause

(a) of sub- section ( 1 ) of section 40, namely:-

(a) the number of cases in which penalties are levied and the aggregate value thereof, and

(b) such information regarding the level ofperformance achieved by a licensee as required by the direction. :

(3) The Authority may, not less than once in every year, publish in such form and in such manner as it may deem fit, such of the information collected by it or furnished to it under this section.

INDEX [PART IV

EX. , 28-4-2001

GUJARAT GOVERNMENT GAZETTE ,

13-16

43.

relating to financial .. matters. Information ( 1 ) The Authority may by notice in newspapers or in such other manner. as in its opinion best calculated, call upon all persons carrying on the business of transmission , distribution or supply, or any class of them , to furnish such information or returns as may be stated therein relating to their financial matters .

(2) The form in which the information or returns shall be furnished, the particulars which they shall contain and intervals at which they shall be furnished , shall be such as may be prescribed by the regulations .

44.

Restriction ondisclosure of information.

(1) Subject to the provisions ofthis Act, no information relating to business oftransmission, supply or distribution of gas carried on by any person shall be disclosed by the Authority without the consent of the person so long as the business is carried on , if such information

(a) is obtained by the Authority by or under this Act, and

(b) is confidential in nature.

(2) The restriction imposed by sub- section ( 1 ) shall not apply to the disclosure of information --

(a) in any suit, prosecution or other legal proceeding,

(b) for the purpose of the State,

(d) in public interest, or

(e) in the annual report referred to in section 22.

45. The fees , fines, charges and such other sums due to the Authority under this Act shall be recoverable as arrears of land revenue.

Recovery of fees, fines and.charges .

Application offines and charges.

46. The Authority imposing fine under this Act may direct that the whole or any part thereof shall be applied towards payment of the costs of the proceedings .

XLV of1860.

47. All proceedings before the Authority and the Tribunal shall be deemed to bė judicial proceedings within the meaning of sections 193 and 228 and for the purpose of section. 196 of the Indian Penal Code.

Proceedings before Authority and Tribunal .

officers and employees of Authority to Members, bepublic servant.

XLV of1860 .:

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 toact in pursuance 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 ofaction taken in good faith.

49. No suit, prosecution or other legal proceeding shall fie 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.

INDEX 13-17 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

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 .

51. ( 1 ) The State Government may, by notification in the Official Gazette , make rules for carrying out the purposes of this Act.

Power of State Government to make rules.

(2) Inparticular 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 theAuthority 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;

(j ) the rules subject to which a specified company shall carry on the business of transmission in the State under clause (b) of sub- section ( 1 ) of section 23;

(k) the formin which an application shall be made and the particulars which it shall co ain and the fees with which it shall be accompained under sub-section (2) of section 26;

(1) the form in which arind the terms and conditions subject towhich alicence 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 whh has to be , or may be , prescribed under this Act.

ΐν. εα.13-5

INDEX [PART IV 13-18 GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

(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.

Powerto 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 of the 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 of recruitment 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 section41, and

(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 section 43.

(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 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

INDEX 13-19 PART IV ] GUJARAT GOVERNMENT GAZETTE , EX,, 28-4-2001

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 .

remove difficulties . Power to 53. If any difficulty arises in giving effect to the provisions of this Act, the 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 be binding on the Authority when it is so established and constituted.

Savings .

55. (1) Any person who has been carrying on the business of transmission atany 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 the Authority, and

(ii) the trans...ission of the excess gas shall be based on the principles of common carrier.

(2) A licensee or a supplier or a bulk consumer may undertake transmission and lay and operate dedicated pipelines therefor subject tothe previous approval of a specified company and such regulations which theAuthority may make with regard to the standards of safety, operation and environment.

1 Explanation. For the purpose of this sub - section , the expression "dedicated pipeline " means a pipeline laid and operated by a licensee or by a

INDEX !!

[PART IV 13-20 GUJARAT GOVERNMENT GAZETTE , EX. , 28-4-2001

supplier or by a bulk consumer for obtaining gas from pipelines operated for transmission by a specified company or a person referred to in sub- section (1).

Guj . Ord . 7 of2000.

Repeal and savings.

56. ( 1 ) The Gujarat Gas (Regulation of Transmission , Supply and Distribution) Ordinance , 2000 is hereby repealed.

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

Government Central Press , Gandhinagar.

INDEX Extra No. 14

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ] SATURDAY APRIL 28 , 2001 / VAISAKHA 8, 1923

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

PART IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT Sachivalaya , Gandhinagar, Dated the 28th April ,2001 .

GUJARAT ORDINANCE NO . 3 OF 2001 .

AN ORDINANCE

to regularise unauthorised development in urban development area or development area in the State.

WHEREAS there has been unauthorised development in the urban development area or development area in the State ;

AND WHEREAS numerous buildings have been constructed in such areas without permission of a competent authority or in contravention of the permission granted therefor ;

AND WHEREAS such developments are liable to be removed and such buildings are liable to be pulled down under the relevant law;.

14-1-

IV Ex - 14-1

INDEX [PART IV 14-2

GUJARAT GOVERNMENT GAZETTE , EX. 28-4-2001

AND WHEREAS removal of such developments and pulling down of such buildings is likely to cause hardship to a large number of people;

AND WHEREAS it is necessary to regularise the unauthorised development consistent with the safety and security of people ;

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

AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to regularise unauthorised development in urban development area and development area in the State;

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

1. Short title and commencement.- ( 1 ) This Ordinance may be called the Gujarat Reandorisation of Unauthorised Development Ordinance , 2001 .

It shall be deemed to have come into force on the 22nd (2) November, 2000 ..

2. Definitions. ( 1 ) In this Ordinance , unless the context otherwise

requires ,--

President's Act No. 27 of 1976.

(a) " area development authority " means the authority constituted under section 5 of the Gujarat: Town Planning and Urban Development Act , 1976 (hereinafter in this section referred to as " the Gujarat Act" ) ;

Bom . LIX of 1949.

(b) "Commissioner " shall have the meaning assigned to it in clause (9) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter in this section referred to as " the Bombay Act" . ) ; ::

(c) "designated.authority " means the Commissioner, the area development authority or , as the case may be, urban development authority;

INDEX PART IV]

: GUJARAT GOVERNMENT GAZETTE , EX . 28-4-2001

14-3

"development ? shall have the meaning assigned to it in clause ( viii) of section 2 of the Gujarat Act; (d)

(e) "development area " shall have the meaning assigned to it in clause ( ix) of section 2 of the Gujarat Act ;

(f) "prescribed" means prescribed by rules made under section 9 ;

(g) "the relevant law" means the Bombay Act or the Gujarat Act or any rules or bye- laws , regulations , standing orders or orders made there under ;

(h) "urban development authority " shall have the meaning assigned to it in clause (xxviii) of section 2 of the Gujarat Act .

(2) Development shall be deemed to be unauthorised if no permission of authority competent to give such permission is obtained therefor or having obtained such permission , the development is in contravention of the relevant law or such permission:

3. Regularisation ofunauthorised development . ( 1 ) ( a ) A notice issued to a person under the relevant law at any time before the 22nd November, 2000 requiring such person to remove or pull down or alter unauthorised development carried out , owned or occupied by him; or

(b) any order issued or decision taken under the relevant law at any time before the date of publication of this Ordinance , directing removal or pulling down or alteration of unauthorised development carried out , owned or occupied by a person ,

shall -

(i) inthe case of (a) be deemed to have stood suspended onand with effect from the 22nd November, 2000 , and

(ii) in the case of ( b) stand suspended on the date of publication of this Ordinance , unless and until such notice , order or decision stands revived under sub - section (5) .

(2) ( a) Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law, directing removal , pulling down or alteration of unauthorised development, where in the opinion of the designated authority-

INDEX 14-4

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. 28-4-2001

(i) aperson has , at any time before the 22nd November, 2000 carried out any unauthorised development in urban development area or development area , and

(ii) such unauthorised development may, having regard to the provisions of section 4, be regularised,

the designated authority may, within such period and in such manner , as may be , prescribed, serve on the person a notice requiring him within such period not being less than a month as may be specified therein to comply with such requisitions made under section 4 and specified therein and to pay to the designated authority such fees per square metre of each category of unauthorised development as may, subject to the provisos , be determined by the designated authority and specified therein:

Provided that the designated authority shall fix fees , subject to the maxima and the minima specified in the Table below: Provided further that different rates of fees may be determined by the designated authority for different categories of unauthorised development in different areas and for different unauthorised uses .

(b) It shall be lawful for the designated authority to form the opinion referred to in clause ( a) either on the basis of information available with him or an application made to him by a person who has carried out or who owns or occupies the unauthorised development .

(c) The designated authority , shall , as soon as may be , after service of notice to a person under clause (a ) , cause the substance thereof. to be published for the information of the public, in such manner as may be prescribed .

INDEX PART IV]

14-5

GUJARAT GOVERNMENT GAZETTE , EX. 28-4-2001

Category of unauthorised development

TABLE OF FEES

Maximum and minimum fees per square metre .

A. For uses other than commercial .

1. Margin and set -backs

2 Floor Space Index

3. Covered projection

4. Change of use

5. Common plot and consolidated open plot .

6. Height of building

B. For commercial use :

C. In land measuring not exceeding one hundred square metres .

Notmore than Rs . 1200 and not less than Rs.600

Not more than Rs.2000 and not less than Rs.700

Not more than Rs . 1100 and not less thanRs.400

Not more than Rs.1100 and not less than Rs.400

Not more thanRs . 1100 and not less than Rs.400

Not more than Rs.1200 and not less than Rs.600

( i) Two times of the fees specified in column 2 for ground floor and firstfloor,

(ii) One and half times of the fees specified in column 2 for floors other than those specified in item ( i)

Fifty per cent . of the fees specified for use mentioned in clause A or as the case may be clause B.

(3) Upon the compliance of requisitions made under section 4 and specified in the notice , to the satisfaction of the designated authority and on the payment of fees under sub-section (2) , such development shall cease to be unauthorised and a certificate to that effect shall be issued to the person by the designated authority in such form as may be prescribed.

(4) An amount deposited by a person with the municipal corporation of a city, the area development authority or, as the case maybe , the urban area development authority against unauthorised development shall be set off against the fees to be paid by him under sub -section (2) .

IV Ex- 14-2

INDEX [PART IV 14-6

GUJARAT GOVERNMENT GAZETTE , EX. 28-4-2001

(5) Where no notice is served upon a person under sub - section ( 2) within the period prescribed under that sub- section or where a notice is served upon a person under sub - section (2 ) but a certificate is not obtained by him under sub - section ( 3 ) within such period as may be prescribed, the notice , order or , as the case may be , decision referred to in sub - section (1 ) shall stand revived.

4. Circumstances in which unauthorised development may or may not be regularised. ( 1 ) An unauthorised development shall not be regularised under sub - section (2) of section 3 in the case where unauthorised development is carried out on any of the following lands , namely:-

D (i) land belonging to Government , local authority or statutory body or land in respect of which a dispute exists in relation to its title or tenure ,

(ii). land allotted by the Government , local authority or statutory body for a specific purpose ,

(iii) land under alignment of roads indicated in development plan or a town planning scheme or under alignment of a

public road or an internal road , of approved lay out,

(iv) land designated or reserved under a development plan or a town planning scheme ,

(v) water courses and water bodies like tank beds , river beds , natural drainage and such other places ,

(vi) areas earmarked for the purpose of obnoxious and hazardous industrial development .

(2) Unauthorised development may not be regularised if it is inconsistent with-

1949. Bom. LIX of President's Act No. 27 of 1976 .

(a) any law other than the Bombay Provincial Municipal Corporations Act, 1949 and the Gujarat Town Planning and Urban Development Act , 1976 and any rules , bye- laws , regulations , standing orders or order made thereunder (hereinafter in clause ( b ) referred to as "the relevant laws " ) for the time being in force relating to control or regulation of development ,

(b) fire safety measures under the relevant law subject to the provisions of sub - section (4) , and

INDEX 14-7

GUJARAT GOVERNMENT GAZETTE , EX . 28-4-2001 PART IV]

(3)

(c) structural stability requirements as per the National Building Code and the Indian Standard Specifications (prescribed by the Bureau of Indian Standards ) for the time-being in force: Provided that a certificate from the structural engineer authorised by the designated authority certifying compliance of provisions of clause ( c) is obtained and submitted to that authority. (a) The designated authority may regularise any unauthorised development in respect of the following matters , namely:-

(i) Margins and setbacks ,

(ii) Floorspace index,

Covered projection ,

(iii)

Change of use ,

(iv)

(v) Acommon plot and a consolidated open plot,

(vi ) Height of a building .

(b) The designated authority may regularise any unauthorised development in so far as parking and sanitary facilities are concerned subject to the following conditions , namely:-

(i) A person shall provide such necessary parking facilities in unauthorised development and where it is not so feasible , within such distance not exceeding five hundred metres from the unauthorised development as directed by the designated authority within a period of six months from such direction:

Provided that the designated authority may permit provision of parking facilities at a common place by more than one person .

(ii) A person shall provide such necessary sanitary facilities in unauthorised development as directed by the designated authority within a period of three months from such direction .

INDEX 14-8

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . 28-4-2001

( 4) Notwithstanding anything contained in clause ( b) of sub- section

( 2) . the designated authority may direct making of provisions in the unauthorised development as follows , namely :

(a) In the case of buildings with 100 per cent . built -up area with no space for water storage tank and installation of fire pumps and no provision of alternate means of escape or no provision forfixed fire - fighting installations , the designated authority may, in consultation with the Chief Fire Officer of the municipal corporation, direct the person to provide such fire safety measures as may be specified in the direction within a period of three months from the date of such direction .

B (b) Inthe case ofbuildings where no space is available within the complex in which they are situate for the construction of underground water storage tanks and installation of fire pumps but adequate means of escapes are available , the designated authority may direct the person to provide common underground water storage tank and fire pumps in such complex at suitable location within a period of three months from the date of direction .

(c) In the case of high - rise buildings having height of fifteen metres or exceeding fifteen metres , the designated authority may permit a person to install diesel - generating set instead of electric. supply to the main fire pump within a period of three months .

5. Appeal. ( 1 ) Any person aggrieved by the notice served upon him or notice published under sub -section (2) of section 3 may, within sixty days from the date of the receipt or, as the case may be , the publication of the notice , prefer an appeal to an Appellate Officer , who shall be a person who has held the office of District Judge for a period not less than three years and appointed in this behalf by the State Government:

Provided that the Appellate Officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(7).... On receipt of an appeal under sub - section ( 1 ) , the Appellate Officer may, after, giving the appellant an opportunity of being heard, pass an order modifying or cancelling the notice as expeditiously as possible.

INDEX 14-9 PART IV ]

GUJARAT GOVERNMENT GAZETTE , EX . 28-4-2001

(3) The decision of the Appellate Officer under sub - section (2) shall be final and shall not be questioned in any court of law.

(4) No appeal under this section by a person who is served with the notice shall be entertained by the Appellate Officer unless the amount of fees payable by him under the notice is deposited with the designated authority:

Provided that where in the opinion of the Appellate Officer deposit of the amount by the appellant is likely to cause undue hardship to him , the Appellate Officer may in his discretion unconditionally or subject to such conditions as he may think fit to impose , dispense with a part of the amount deposited so however that the part of amount so dispensed with shall not exceed fifty per cent. of the amount deposited or required to be deposited.

6. Constitution of Infrastructure Development Fund. Subject to the rules made under this Ordinance , all fees received under this Ordinance shall be credited to a fund which shall be called -the Infrastructure Development Fund and which shall be held by the designated authority in trust for the purpose of augmentation , improvement or creation of an infrastructure facility.

7 . Protection of action taken under the Ordinance .-( 1 ) No suit ,

prosecution or other legal proceedings shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rules made thereunder.

(2) No suit or other legal proceedings shall lie against the State Government or any officer or authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rules made thereunder.

8. Removal ofdoubt.-. It is hereby clarified that regularisation of unauthorised development under this Ordinance shall be without prejudice to any civil or the criminal liability to which a person may be subject to under any law .

9. Power to make rules . ( 1 ) The State Government may, by

notification in the Official Gazette, and subject to condition of previous publication , make rules for carrying out the purposes of this Ordinance .

IV Ex - 14-3

INDEX 14-10

GUJARAT GOVERNMENT GAZETTE , EX. 28-4-2001

[PART IV

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

(a) the period within which and the manner in which a notice shall be served under sub- section (2 ) of section 3 and the manner of publication of substance of notice under clause ( c) of that sub - section ;

(b) the form in which a certificate shall be issued under sub- section (3 ) of section 3 ;

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

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

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

Guj . Ord.

10. Repeal and Savings.- ( 1 ) The Gujarat Regularisation of Unauthorised Development Ordinance , 2000 is hereby repealed .

6 of 2000.

(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance, shall , in so far as it is not inconsistent with the provisions of this Ordinance , be deemed to have been done or taken under this Ordinance .

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE , EX : 28-4-2001

14-11

STATEMENT

On account of the rapid growth of economic opportunities in and around the major cities of Gujarat , there has been constant influx of the rural population to the urban areas of the city resulting in steep increase in demand for properties for residential , commercial and other uses . This has resulted in feverish construction , several of which do not conform to the existing building regulations. Consequently, in the urban areas of the State there has come up a large number of buildings which have been constructed without permission or where permission is granted , constructed in contravention of development and control regulations . The owners and occupants of such buildings have been given notices under the Bombay Provincial Municipal Corporations Act , 1949 or, as the case may be , the Gujarat Town Planning and Urban Development Act, 1976 requiring them to remove , pull down or alter the building. However , the owners and occupants have failed to comply with the requisition of the notice . Administratively, removal or pulling down of large of buildings is neither feasible nor desirable . Removal , pulling down or alteration of buildings on a large scale is fraught with danger of creating law and order problem and hardship to the people as a large number of the people would be rendered homeless who would have to be provided with housing. Social and economic fabric of the society would be disturbed leading to a chaotic situation in the society. In order to avoid such a situation , intervention of the Government by legislation for regularisation has become a compelling necessity. Faced with similar situation , some other State Governments in the country have also come out with suitable legislation for regularisation . Therefore , the course available to the Government is to regularise unauthorised construction of the buildings .

As the Gujarat Legislative Assembly was not in session at that time , the Gujarat Regularisation of Unauthorised Development Ordinance , 2000 was promulgated on 22nd November, 2000 to regularise the unauthorised development in the urban areas of the State . The Gujarat Legislative Assembly was summoned to meet on the 19th March , 2001 and prorogued on the 29th March, 2001. As the time available was very short , the said Ordinance could not be replaced by an Act of the State Legislature in that session . By virtue of sub - clause ( a) of clause (2) of article 213 of the Constitution of India , the said Ordinance would cease to operate after the 29th April , 2001 , the date on which the period of six

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . 28-4-2001

14-12

weeks from the date of re - assembly of the Gujarat Legislative Assembly expires . It is expedient to take immediate action to , continue the operation of the provisions of the said Ordinance .

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

SUNDAR SINGH BHANDARI , Governor of Gujarat.

Gandhinagar, Dated the 28 April . 2001 .

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

Dr. MANJULA SUBRAMANIAM , Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 15

REGISTERED NO . G/GNR

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, APRIL , 30 , 2001 /VAISAKHA 10, 1923

VOL . XLII ]

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

PART- IV

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

PANCHAYATS , RURAL HOUSING AND RURAL DEVELOPMENT DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 30th April, 2001 .

GUJARAT ORDINANCE NO . 4 .. OF 2001 .

AN ORDINANCE

further to amend the Gujarat Panchayats Act, 1993.

WHEREAS the Legislative Assembly of the State of Gujarat is not insession;

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate Guj . 18 of action to amend the Gujarat Panchayats Act, 1993 ;

1993.

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

IV -Ex. 15-1

15-1

INDEX :

[PART IV GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

15-2

1. Short title and commencement.- ( 1 ) This Ordinance may be called the Gujarat Panchayats (Amendment) Ordinance, 2001 .

(2) It shall come into force on the 1st May, 2001 .

Guj . 18 of 2. Guj. 18 of1993 to be temporarily amended. During the period ofoperation ofthis Ordinance, the Gujarat Panchayats Act , 1993 (hereinafter 1993 . referred to as " the principal Act ") shall have effect subject to the amendments specified in sections 3 to 6 .

3. Amendment ofsection 2 of Guj. 18 of1993.---In the principal Act, in section 2 , clause (13) shall be deleted .

4. Amendment ofsection 200 ofGuj . 18 of 1993. In the principal Act , in section 200, in sub - section (1) , clause (ii) shall be deleted .

5. Amendment ofsection 202 of Guj. 18 of 1993. Inthe principal Act , in section 202,

(a) in sub - section (1), the words " or the collecting of octroi " shall be deleted;

(b) in sub - section (3) , the words " or octroi, as the case may be " occurring at two places shall be deleted;

1 6. Deletion of section 216 of Guj . 18 of 1993. In the principal Act , section 216 shall be deleted .

INDEX 15-3 GUJARAT GOVERNMENT GAZETTE, Ex:, 30-4-2001

PART IV]

STATEMENT

The village panchayats have been authorised under the provisions of the Gujarat Panchayats Act , 1993 to levy and collect the tax known as 'octroi ' .

It has been represented to the Government by the various sections ofthe society to abolish octroi as it causes undue hardships and harassment to public.Having regard to the aforesaid facts , the Government has decided to abolish the octroi levied by village panchayats in the State . It is therefore, considered necessary to amend the existing provisions relating to octroi of the said Act to that effect .

As theGujarat Legislative Assembly is not in session, this Ordinance ispromulgated to amend the said Act to achieve the aforesaid object .

SUNDAR SINGH BHANDARI ,

Governor ofGujarat .

Gandhinagar, Dated the 30th April, 2001 .

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

NARAYAN V. MODI,

Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX No. 16

REGISTERED NO . G/GNR/2

The Gujarat Couerument Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ]

MONDAY , APRE, 30000 VAISAKHA 10, 1923

PART- IV

Acts of the Gujarat Legislature and Ord and Regulations made by the Governor

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT Sachivalaya, Gandhinagar, Dated the 30th April, 2001 .

GUJARAT ORDINANCE NO . 5 OF 2001 .

AN ORDINANCE

further to amendthe Gujarat Municipalities Act, 1963.

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Municipalities Act, 1963.;

Guj.34of 1964.

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

IV-Ex. 16-1

16-1

INDEX [PART IV

16-2

GUJARAT GOVERNMENT GAZETTE, Ex. , 30-4-2001

1. Short title and commencement . ( 1 ) This Ordinance may be called the Gujarat Municipalities (Amendment ) Ordinance, 2001 .

(2) It shall come into force on the 1st May , 2001 .

Guj . 34 of 1964 .

2. Guj . 34 of 1964 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Municipalities Act , 1963 (hereinafter referred to as " the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 11 .

3. Amendment of section 2 of Guj. 34 of 1964.- In the principal Act , in section 2, clause (16) shall be deleted: :

4. Amendment of section 64 of Guj.34 of 1964. In the principal Act, in section 64 , i

(1) in sub-section (1); in clause (b) , for the words " for the levy of octroi duty and tolls whereby the octroi duties and tolls respectively " , the words." for the levy of tolls whereby tolls" shall be substituted;

(2) in the marginal note, the words "Joint levy of octroi " shall be deleted.

5. Amendment of section 99 of Guj. 34 of 1964. Inthe principal Act, in section 99, in sub - section (1) ,

(1 ) clause (iv) shall be deleted;

(2) in clause (xv) , after the words " to any entertainment" , the words " or octroi " shall be inserted;

(3) in the second proviso , paragraph (b) shall be deleted.

6. Amendment of Chapter VIII of Guj . 34 of1964. In the principal Act, in Chapter VIII , in sub - heading (5 ) , the words " Octroi and" shall be deleted.

7. Deletion of sections 121 to 125, 128, 129 and 129A of Guj. 34 of 1964. In the principal Act , sections 121 , 122, 123 , 124, 125, 128 , 129 and 129A shall be deleted .

INDEX 16-3

GUJARAT GOVERNMENT GAZETTE , Ex. , 30-4-2001 PART IV]

8. Amendment of section 127 ofGuj . 34 of1964. In the principal Act, in section 127, -

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

Power to seize vehicle or ani- mal on non- payment of toll .

! "(1) In the case of non payment on demand of any toll ..leviable by a municipality, any person appointed to collect such toll may seize any vehicle or animal on which the toll is chargeable or any part of the burden on such vehicle or animal which is of sufficient value to satisfy the demand, and may detain the same . He shall thereupon give the person in possession of the vehicle or animal seized, a list of the property together with a written notice in the form. specified in Schedule VI;" ;

(2) in sub - sections (2) and (3 ) , the words " octroi or " wherever they occur , shall be deleted;

(3) in sub - section (4) ; the words " octroi , or shall be deleted;

(4) in the marginal note , the words " octroi or " shall be deleted .

9. Amendment of section 132 of Guj. 34 of 1964. In the principal Act , in section 132, in sub - section (1) , in clause (b) , the words " an octroi or" shall be deleted .

10 . Amendment of section 275 of Guj. 34 of 1964. In the principal Act , in section 275 , in sub - section (1) , clause (1) shall be deleted.

11. Amendment of section 278 of Guj. 34 of 1964. In the principal Act, in section 278, in sub - section (2) , clause (a) shall be deleted .

INDEX PART IV

GUJARAT GOVERNMENT GAZETTE, Fx. , 30-4-2001

16-4

STATEMENT

The municipalities have been authorised under the provisions of the Gujarat Municipalities Act, 1963, to levy and collect the tax known as 'octroi'.

Octroi, almost universally considered to be an undesirable levy, is a tedious, obnoxious, outdated, regressive tax and practised only in few countries in the world. It is believed that the check-posts, octroi nakas , which constitute the key element in the administration of collection of octroi are susceptible to malpractices , besides being a source of harassmenthara to transit vehicles and lead to enormous non -productive man hours .

It has been represented to the Government by the various sections of society to abolish octroi as it causes undue hardships and harassment to public and also obstructs free flow of trade and commerce . Having regard to the aforesaid facts, the Government has decided to abolish the octroi from the municipal area of municipalities in the State. It is, therefore, considered necessary to amend the existing provisions, relating to octroi of the said Act to that effect .

As the Gujarat Legislative Assembly is not in session, this Ordinance is promulgated to amend the said Act to achieve the aforesaid object.

SUNDAR SINGH BHANDARI ,

Gandhinagar, Dated the 30th April, 2001 .

Governor ofGujarat.

Byorder and in the name of the Governor ofGujarat,

DR. MANJULA SUBRAMANIAM, Principal Secretary to Government .

GOVERNMENTE CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 17

REGISTERED NO . G/GNR/ 2

-सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLII ]

MONDAY, APRIL , 30, 2001 VAISAKHA 10, 1923

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

PART - IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT Sachivalaya , Gandhinagar, Dated the 30th April , 2001 .

GUJARAT ORDINANCE NO . 6 OF 2001 .

AN ORDINANCE

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

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate Bom . LIX action to amend the Bombay Provincial Municipal Corporations Act , 1949; of1949.

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

IV-Ex . 17-1

17-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex. , 30-4-2001

17-2

1. Short title and commencement.- (1 ) This Ordinance may be called the Bombay Provincial Municipal Corporations (Gujarat Amendment) Ordinance, 2001 .

(2) It shall come into force on 1st May, 2001 .

Bom. LIX of 1949.

2. Bom. LIX of 1949 to be temporarily amended.- During the period of operation of this Ordinance, the Bombay Provincial Municipal Corporations Act , 1949 (hereinafter referred to as "the principal Act " ) shall have effect subject to the amendment specified in section 3 ..

3. Inthe Amendment of section 127 of Bom. LIX of 1949. principal Act , in section 127, in sub-section (2) , for clause (a) , following shall be substituted, namely :-

Bom . LXVI of1958.

"(a) Octroi on goods other than motor spirit as defined in the Bombay Sales of Motor Spirit Taxation Act , 1958. " .

INDEX 17-3 GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

PART IV]

STATEMENT

The State Government has decided to abolish octroi in the State except in the municipal area as defined in clause (34B ) of section 2 of the Bombay Provincial Municipal Corporations Act , 1949. At present, octroi is levied on motor spirit also in municipal area by the municipal corporations .

TheGovernment has decided to levy cess on the turnover of sales - ofmotor spirit in the State. It is considered necessary to abolish levy of octroi on motor spirit in municipal areas , so as to bring uniformity in the price ofmotor spirit in the State. It is therefore, considered necessary to amend clause (a) of sub -section (2) of section 127 of the said Act .

AstheGujarat Legislative Assembly is not in session, this Ordinance ispromulgated to amend the said Act to achieve the aforesaid object.

Gandhinagar,

SUNDAR SINGH BHANDARI , Governor ofGujarat.

Dated the 30th April, 2001 .

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

DR. MANJULA SUBRAMANIAM, Principal Secretary to Government .

GOVERNMENTE CENTRAL PRESS , GANDHINAGAR .

INDEX FOGISTERED NO . G/GNR/ Extra No. 18

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ]

MONDAY, APRIL , 30, -2001 (VAISAKHA 10, 1923

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

PART - IV

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

FINANCE DEPARTMENT

Sachivalaya, Gandhinagar, Dated the 30th April , 2001 .

GUJARAT ORDINANCE NO . 7 OF 2001 .

AN ORDINANCE

toprovide for levy ofcess on motor spirit in the State ofGujarat for the purpose ofcreating fund in order to compensate local authorities consequent on the abolition of octroi and for the matters connected therewith and incidental thereto .

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to provide for levy of cess on motor spirit in the State of Gujarat for the púrpose of creating fund in order to compensate local authorities consequent on the abolition of octroi ;

IV-Ex . 18-1

18-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

18-2

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

CHAPTER I

PRELIMINARY

1.. Short title, extent and commencement. (1) This Ordinance may be. called the Gujarat Motor Spirit Cess Ordinance , 2001 .

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

(3) It shall come into force on the 1st May , 2001 .

2. Definitions. - ( 1 ) Inthis Ordinance , unless the context otherwise requires ,

(a) " cess" means the cess on the turnover of sales of motor spirit levied under section 3 ;

(b) "Collector" means the Collector appointed under section 10 and includes a Special Collector or an Additional Collector appointed under that section;

Guj . 34 of 1964.

(i) amunicipality constituted under the Gujarat Municipalities Act , 1963;

Guj . 18 of 1993 .

(ii) a village panchayat constituted under the Gujarat Panchayats Act, 1993;

(d) "prescribed " means prescribed by rules ;

(e) " rules" means rules made under this Ordinance ;

(f) "tax" means tax, additional tax and turnover tax levied under the Bombay Sales of Motor Spirit Taxation Act , 1958 ;

Bom . LXVI of1958.

INDEX 18-3

2 PART IV]

GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

Guj . 1 of 1970 .

(g) "Tribunal" means, the Gujarat Sales Tax Tribunal constituted under section 28 o' the Gujarat Sales Tax Act , 1969 , and discharging functions of the Tribunal assigned to it by or under this Ordinance ;

(h) " turnover of sales " means sales price including the amount of tax as defined in clause (f) of this section;

(i) "year" means a financial year .

Bom . LXVI of1958.

(2) Words and expressions used and not defined in this Ordinance but defined in the Bombay Sales of Motor Spirit Taxation Act , 1958 shall have the meanings respectively assigned to them in that Act.

CHAPTER II

LEVY OF CESS AND UTILISATION OF PROCEEDS OF CESS

3. Levy and collection of cess . (1) For the purpose of providing fund for local authorities in the State of Gujarat , there shall be levied and collected a cess on the turnover of sales of motor spirit by a manufacturer or importer or trader , but after deducting therefrom such turnover on which cess has been paid on earlier turnover of sales of motor spirit :

Provided that such cess shall not be levied at more than one stage .

(2) The cess under sub - section (1) shall be levied for the prescribed period , in the prescribed manner and at such rate or rates not exceeding four per cent. of the turnover of sales of such motor spirit , as may be prescribed and different rates may be prescribed for different kinds of motor spirit .

(3) The cess levied under sub - section (1) shall be payable by the trader.

INDEX 18-4

[PART IV GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

4. LocalAuthorities Fund. (1 ) The proceeds of the cess and interest

(other than fines ) recovered under this Ordinance shall first be credited to the Consolidated Fund of the State and after deduction of the expenses of collection and recovery therefrom shall , under appropriation duly made by law in this behalf, be entered in, and transferred to , a separate fund called the "Local Authorities Fund".

f (2) Any amount transferred to the Local Authorities Fund under sub - section (1) shall be charged on the Consolidated Fund of the State .

(3) The amount transferred to the Local Authorities Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose mentioned in section 3 .

5. Payment of cess. - (1 ) The cess levied under section 3 shall be payable by trader in such manner as may be prescribed.

(2) The trader liable to pay cess under section 3 shall furnish at such intervals and to such authority , returns in such form and in such manner as may be prescribed.

6. Interest on delayed payment of cess. Where a trader does not pay the amount of cess within the time prescribed for its payment, there shall be paid by such trader , for the period commencing on the date of expiry of the aforesaid period and ending on the date of payment of the amount of cess , simple interest at the rate of twenty- four per cent . per annum on the amount of cess not so paid or any less amount thereof remaining unpaid during such period.

7. Refund in certain circumstances . Where cess under section 3 is levied and collected on the turnover of sales of motor spirit to a trader and such motor spirit is then sold by such trader in the course of inter- State trade or commerce or exported out of the territory of India within six months of such sales , the trader shall , upon an application made in this behalf and subject

INDEX 18-5

GUJARAT GOVERNMENT GAZETTE , Ex. , 30-4-2001

PART IV]

to such conditions as may be prescribed, be entitled to refund of cess in respect of the sale to him of the motor spirit .

CHAPTER III

REGISTRATION

1958 .

Registration . ( 1 ) Every trader holding a licence under the Bombay Bom . LXVI of Sales of Motors Spirit Taxation Act, 1958 shall be required to apply for and obtain a registration certificate

Provided that the Collector may , subject to the conditions as may be prescribed, grant exemption from the provisions of registration to a trader who, by virtue of deduction from turnover of sales , does not become liable to pay cess under this Ordinance .

(2) The application for registration shall be made within such period, and in such form and to such authority , as may be prescribed.

(3) Onreceipt of the application for registration under sub - section (2) , the authority on its satisfaction, may issue certificate of registration in such form as may be prescribed .

9. Suspension or cancellation of registration . Subject to such conditions as may be prescribed, the Collector may suspend or cancel the registration

(a) ifany cess payable under section 5 is not duly paid by the trader ; or (b) if there is any breach of conditions subject to which the registration is granted; or

( c) if the trader contravenes any of the provisions of this Ordinance or the rules made thereunder .

IV-Ex . 18-2

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

18-6

CHAPTER IV

CESS AUTHORITIES

10. Cess Authorities. ( 1 ) For carrying out the purposes of this Ordinance , the State Government may appoint-

(a) a person to be the Collector of Motor Spirit Cess for the whole of the State ofGujarat;

(b) aperson to be the Special Collector of Motor Spirit Cess ;

(d) such other persons to assist the Collector as the State Government may think fit .

(2) Aperson appointed under clause (b), (c) or (d) cf sub -section (1) shall , within the limits of such area as the State Government may specify , exercise such powers and perform such duties as may be conferred or imposed on him by or under this Ordinance .

CHAPTER V

LIABILITY TO KEEP ACCOUNTS , SUBMIT STATEMENT AND POWERS OF INSPECTION AND SEARCH .

11. Traders to keep accounts and submit statement. Every trader shall keep and maintain accounts , in the form prescribed , of motor spirit manufactured, imported , sold or purchased by him, and shall submit to the officer authorised in this behalf by the Collector , statement in such form , in such manner and for such period, as may be prescribed:

INDEX 18-7

GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

PART IV]

Provided that where a trader has more than one place of business , the Collector may subject to such terms and conditions as may be prescribed, permit such trader to submit a consolidated statement relating to all or any of his places ofbusiness to such officer as the Collector may direct.

12. Production and inspection of accounts and documents and search of premises. (1) The Collector may, for the purposes of this Ordinance , at all reasonable times ,

(i) require any trader to produce before him accounts , register or other documents or to furnish any other information; or (ii) inspect the accounts , registers and other documents and the stocks of any motor spirit manufactured , stored or kept in any shop, warehouse or place of business of any such trader ; or ( iii) enter and search any building, vessel , vehicle or place in which he has reason to believe that any motor spirit is stored or kept for the purpose of sale or manufacture or where the accounts, registers and other documents are kept .

2 ef1974 .

(2) All searches made under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 .

13. Seizure of any documents in certain circumstances . If the Collector has reason to believe that any trader is attempting to commit an offence punishable under this Ordinance , he may for reasons to be recorded in writing, seize such accounts , registers or other documents of such trader as may be necessary and shall grant a receipt for the same and retain the same only for so long as may be necessary for examination thereof or for a prosecution.

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

18-8

CHAPTER VI

ASSESSMENTS , APPEALS AND REVISION

(1) The amount of cess due from a trader shall be 14. Assessment .

assessed by the Collector.

(2) If the Collector is satisfied that the returns furnished by a trader are correct and complete , he shall assess the amount of cess due from the trader on the basis of such returns .

(3) Ifthe Collector is not satisfied that the returns furnished in respect of any period are correct and complete, and he thinks it necessary to require the presence of further evidence ; he shall serve on such trader, in the prescribed manner, a notice requiring him on a date and a place specified therein, either to attend and produce or cause to be produced all evidence on which such trader relies in support of his returns , or to produce such evidence as is specified in the notice . On the date specified in the notice, or as soon as may be thereafter , the Collector shall , after considering all the evidences which may be produced , assess the amount of cess due from the trader .

0 (4) If a trader fails to comply with the terms of any notice issued under sub-section (3) , the Collector shall assess , to the best of his judgement , the amount of cess due from him.

15. Bar of certain proceedings . Save as provided by section 19 , no assessment made and no order passed under this Ordinance or the rules made thereunder by the Collector or any person appointed under section 10 to assist him , shall be called in question in any civil court, and save as provided by sections 16 and 17, no appeal or application for revision shall lie against any such assessment or the order .

INDEX PART IV]

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GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

16. Appeal ( 1 ) Any person aggrieved by any order of the Collector , may file an appeal before such authority , within such time and in such manner , as may be prescribed.

(2) No appeal against an order or the assessment shall be entertained by the said authority unless it is accompanied by satisfactory proof of the payment of the cess with interest , if any, in respect of which the appeal has beenpreferred:

Provided that the said authority may, if it thinks fit, for reasons to be recorded in writing, entertain an appeal against such order, -

(α) without payment of the cess or interest, if any , but on furnishing in the prescribed manner, security for such amount of cess and interest, as it may direct ; or

(b) on proof of payment of such smaller. sum , with or without security in like manner for such amount of cess and interest which remains unpaid as it may direct .

(3) Subject to such rules of procedure as may be prescribed, the said authority may pass such order on appeal as it may think just and proper.

(4) Every order passed in appeal under this section shall, subject to the provisions of sections 17, 19 and 20 be final:

17. Revision . ( 1 ) Subject to such rules as may be prescribed, and for the reasons to be recorded in writing , the Collector may, upon application or of his own motion, revise any order passed under this Ordinance or the rules made thereunder by a person appointed under section 10 to assist him and subject thereto the Tribunal may, upon application, revise any order passed by the Collector:

Provided that no application under this sub - section shall be entertained if it is not made within a period of four months from the date of the order :

IV-Ex . 18-3

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

18-10

Provided further that before rejecting any application for the revision of any such order, the Collector or the Tribunal , as the case may be , shall record reasons in writing for such rejection.

0 (2) Before any order is passed under this section which is likely to affect any person adversely , such person shall be given a reasonable opportunity of beingheard.

(3) Where an appeal lies under section 16 and no appeal has been filed, no proceedings in revision under this section shall be entertained upon the application of such person.

18. Extension of period of limitation in certain cases.- The prescribed authority may admit any appeal under section 16 and the Collector and the Tribunal may admit an application under section 17 after the expiry of period of limitation laid down in the said sections if the appellant or the applicant, as the case may be, satisfies the prescribed authority, the Collector or, as the case may be, the Tribunal , that he had sufficient causes for not preferring the appeal , or making the application, within such period .

0 19. Statement of case to High Court.- (1 ) Within ninety days from the

৫ date of passing of any order under sub - section (3) of section 16 or sub- section (1) of section 17 affecting any liability of any trader to pay čess , such trader or the Collector , may by application in writing require the Tribunal to refer to the High Court any question of law arising out of such order, and where the Tribunal agrees it shall draw up a statement of the case and refer it to the High Court . :

(2) If, for reasons to be recorded in writing, the Tribunal refuses to make such reference, the applicant may within thirty days of such refusal either

(a) withdraw his application , or

(b) apply to the High Court against such refusal

INDEX 18-11 PART IV]

GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

(3) If upon the receipt of an application under clause (b) of sub - section (2) , the High Court is not satisfied that such refusal was justified, it may require the Tribunal to state a case and refer it to the High Court ; and on receipt of such requisition, the Tribunal shall state and refer the case to the High Court accordingly.

(4) If the High Court is not satisfied that the statements in a case referred under this section are sufficient to enable it to determine the question raised thereby, it may refer the case back to the Tribunal to make such additions thereto or alternations therein as the High Court may direct in that behalf.

(5) The High Court upon the hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgement thereon containing the grounds on which such decision is founded, and shall send to the Tribunal a copy of such judgement under the seal of the High Court and the signature of the Registrar , and the Tribunal shall dispose of the case accordingly.

:: (6) The payment of the amount , if any , of the cess due in accordance with the order of the Tribunal in respect of which an application has been made under sub-section (1) shall not be stayed pending the disposal of such application or any reference made in consequence thereof, but if such amount is reduced as the result of such reference , the excess cess paid shall be refunded.

Rectification of mistakes. ( 1 ) The Collector may at any time within : 20. two years from the date of any order passed by him, on his own motion rectify any mistake apparent from the record and shall within a like period rectify any such mistake which has been brought to his notice by any person affected by such order:

INDEX 18-12

GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

[PART IV

Provided that no such rectification shall be made if it has the effect of enhancing the cess or reducing the amount of a refund, unless the Collector has given notice in writing to such trader of his intention so to do and has allowed such trader a reasonable opportunity of being heard.

0 (2) The provisions of sub - section (1) shall apply to the rectification of mistake by the Tribunal or the prescribed authority under section 16 as they apply to the rectification of a mistake by the Collector .

(3) Where any such rectification has the effect of reducing the amount of cess , the Collector shall . in the prescribed manner refund any due, to such trader.

(4) Where any such rectification has the effect of enhancing the amount of cess or reducing the amount of refund, the Collector shall recover the amount due from such trader in the manner provided in section 32.

CHAPTER VII

OFFENCES , PENALTIES AND PROCEDURE

21. Penalty for carrying on the business without registration . Whoever contravenes the provisions of section 8 shall , on conviction, be punished with fine which may extend to twenty thousand rupees and in the case of a continuing contravention, with an additional fine which may extend to the one thousand rupees for each day during which such contravention continues after conviction for the first such contravention .

22. Penaltyfor failure to keep accounts or submit reports . If any trader liable under section 11 to keep accounts or to submit statements , fails without sufficient cause to keep or submit the same in the manner and at the period prescribed or keeps false accounts or submits false statements , he shall , on conviction, be punished with fine which may extend to twenty thousand rupees and in the case of a continuing failure , with an additional fine which

INDEX PART IV]

18-13

GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

may extend to one thousand rupees for each day during which such failure continues, after conviction for the first such failure.

23. Penalty for failure to comply with requirements of section 12 or obstructing officer in discharge of duties. Whoever-

(a) fails to comply with any requirement, made to him under sub - section (1) of section 12, or

(b) produces false accounts, registers or documents, or knowingly furnishes false information, or

(d) aids or abets any person in the commission of any act specified in clause (a) , (b) or (c) of this section,

shall , on conviction, be punished with fine which may extend to twenty thousand rupees and in the case of a continuing contravention, with an additional fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention.

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

IV -Ex . 18-4

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

18-14

Provided that nothing contained in this sub- section shall render any such person liable to any punishment provided in this Ordinance 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 .

01 (2) Notwithstanding anything contained in sub -section (1) , where an offence under this Ordinance 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 purpose 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 .

25. Cognisance of offences . No court shall take cognisance of any offence punishable under this Ordinance except with the previous sanction of the Collector .

26. Power of entry and search . (1) Any officer specifically empowered by the State Government in this behalf may enter and search , at any time any building , vessel , vehicle or place in which he has reason to believe that motor spirit is kept for the purpose of sale contrary to the provisions of this Ordinance or any rules made thereunder .

(2) All searches made under this section shall be made in accordance with the provisions of the Code of Criminal Procedure , 1973 .

2of1974

INDEX 18-15

GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

PART IV]

27. Powers of investigation . ( 1 ) Every officer not below such rank as may be prescribed shall , within the area for which he is appointed , have power to investigate all offences punishable under this Ordinance ..

2 of1974 .

(2) Every such officer shall , in the conduct of such investigation, exercise the powers conferred by the Code of Criminal Procedure , 1973 upon an officer in-charge of police station for the investigation of a cognizable offence .

CHAPTER VIII

MISCELLANEOUS

28. Delegation of Powers . Subject to the general or special orders of the State Government, the Collector may delegate any of the powers conferred upon him by or under this Ordinance to any person appointed to assist him under section 10 .

29 . Powers to transfer proceedings . The Collector may, after due notice to the trader , by order in writing , transfer any proceedings or class of proceedings under any provisions of this Ordinance or the rules made thereunder , from himself to any other officer and he may likewise transfer any such proceedings (including proceeding already transferred under this section) from one such officer to another officer or to himself.

30 . Officers to be public servants . The Collector, all officers and other employees appointed under this Ordinance shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code .

XLV of 1860 .

31. Protection of action taken in good faith . No suit, prosecution or other legal proceedings shall lie against any officer or employee appointed under this Ordinance for anything , which is in good faith done or intended to be done in pursuance of the provisions of this Ordinance or the rules made thereunder.

INDEX 18-16

GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

[PART IV

32. Recovery as arrears of land revenue . All sums payable as cess or interests (other than fines) under this Ordinance shall , if not paid within the prescribed period or as the case may be , before such date as the Collector may direct, be recoverable as an arrears of land revenue .

33. Certain sales not liable to cess.

دل

Nothing in this Ordinance or the rules made thereunder, shall be deemed to impose or authorise the imposition of a cess on any turnover of sales of motor spirit where such sales takes place-

(α) outside the State of Gujarat , or

(b) in the course of the import of such motor spirit into the territory of India or the export of the goods out of such territory or

Explanation - For the purpose of this section, whether a sale takes place -

(i) outside the State of Gujarat , or

(ii) in the course of import of the goods into the territory of India or the export of the goods out of such territory , or

(iii) in the course of inter - State trade or commerce .

shall be determined in accordance with the principle specified in sections 3 , 4 and 5 of the Central Sales Tax Act , 1956.

LXXIV of 1956 .

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

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

(a) the stage at which , the rate and the period for which and the manner in which, the cess shall be levied and collected under section 3 ;

(b) the conditions subject to which a trader shall be entitled to refund.. under section 7;

INDEX PART IV]

18-17

GUJARAT GOVERNMENT GAZETTE , Ex. , 30-4-2001

(c) the form in which, period within which and the authority to whom the application for registration shall be made under section 8 ;

(d) the form in which certificate of registration shall be issued under section 8;

(e) the conditions subject to which a registration may be suspended or cancelled under section 9 ; の the form of accounts to be maintained and the form of statements to be submitted, the period at which such statements are to be submitted and the terms and conditions subject to which a consolidated statement, may be submitted under section 11 ;

(g) the manner in which , the time within which and the authority to whom appeal may be preferred under section 16;.

(h) the rules of procedure subjectto which the authority may pass order under section 16;

(i) the rules subject to which the Collector and Tribunal may revise an order under section 17;

(1) : the rank of officer which shall have powers to investigate offences under section 27.

(3) Any rule made under this section may provide that any person contravening any such rule shall be liable, on conviction, to be punished with a fine which may extend to one thousand rupees and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for each day during which such contravention continues after conviction for the first such contravention.

(4) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication:

Provided that if the State Government is satisfied that circumstances existwhich render if necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section .

IV-Ex . 18-5

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, Ex . , 30-4-2001

18-18

(5) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as 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 .

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

INDEX PART IV]

18-19 GUJARAT GOVERNMENT GAZETTE , Ex . , 30-4-2001

STATEMENT

The State Government has decided to abolish octroi levied by the mu- nicipalities and panchayats . In order to compensate the municipalities and panchayats consequent on abolition of octroi , it is considered necessary to levy cess on the turnover of sales of motor spirit . The amount of cess shall be trans- ferred to a separate fund called the Local Authorities Fund and shall be ex- pended for the purpose of providing fund to such Local Authorities .

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

SUNDAR SINGH BHANDARI , Gandhinagar,

Dated the 30th April, 2001 .

Governor of Gujarat .

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

S. G. MANKAD , Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR,

INDEX REGISTERED NO . G/ GNR/2 Extra No. 19

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL. XLII ] MONDAY, AUGUST 6 , 2001 / SRAVANA 15 , 1923

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 3rd August, 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 12 OF 2001 .

(Firstpublished , after having received the assent of the Governor inthe "Gujarat Government Gazette " , on the 6th August , 2001 ) .

AN ACT .

further to amend the Gujarat Panchayats Act, 1993.

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

1. (1) This Act may be called the Gujarat Panchayats (Second Amendment) Act , 2001 .

Short title commence- and ment.

(2) It shall be deemed to have come into force on the 1st May, 2001 . :

IV- Ex . 19-1

19-1

INDEX 19-2

GUJARAT GOVERNMENT GAZETTE, EX. , 6-8-2001

[PART IV

Guj. 18of 1993 .

2. In the Gujarat Panchayats Act , 1993 (hereinafter referred to as "the principal Act" ) , in section 2, clause ( 13) shall be deleted.

Amendment of section 2of Guj.18 of 1993

3 . In the principal Act , in section 200, in sub-section (1), clause ( ii) shall be deleted.

Amendment of section... 200of Guj.18.of 1993.

Inthe principal Act , in section 202, -

(a) insub -section ( 1) , the words " or the collecting of octroi " shall be deleted;

Amendment 4. of section 202 of Guj. 18of 1993.

(b) in sub-section (3) , the words " or octroi , as the case may be " occurring at two places shall be deleted;

Inthe principal Act , section 216 shall be deleted.

Deletion of 5 .. section 216of Guj. 18of 1993.

Guj . Ord. 4 of2001 .

6. (1) The Gujarat Panchayats (Amendment ) Ordinance, 2001 is hereby repealed.

Repeal and savings.

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

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/ Extra No. 20

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ] MONDAY, AUGUST 6 , 2001 / SRAVANA 15 , 1923

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

PART - IV

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

The followingAct of the Gujarat Legislature , having been assented to by the Governor on the 3rd August , 2001 is hereby published fo general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 13 OF 2001 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 6th August, 2001 ) .

AN ACT

to provide for levy of cess on turnover of sales of motor spirit in the State of Gujarat for the purpose of creating fund in order to compensate local authorities consequent on the abolition of octroi and for the matters connected therewith and incidental thereto .

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

CHAPTER I

PRELIMINARY..

1. (1) This Act may be called the Gujarat Motor Spirit Cess Act, 2001 :

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

Short title, extent and. commence- ment.

(3) It shall be deemed to have come into force on the 1 May, 2001 .

IV- Ex . 20-1

20-1

INDEX 20-2

[PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 6-8-2001

Definitions .

(1) In this Act, unless the context otherwise requires ,

(a) "cess" means the cess on the turnover of sales of motor spirit levied under section 3 ;

(b) " Collector" means the Collector appointed under section 10 and includes a Special Collector or an Additional Collector appointed under that section;

Guj . 34 of 1964..

( i) a municipality constituted under the Gujarat Municipalities Act, 1963;

Guj . 18 of 1993 .

(ii) a village panchayat constituted under the Gujarat Panchayats Act , 1993 ;

(d) "prescribed" means prescribed by rules ;

(e) "rules" means rules made under this Act ;

(f) " tax" means tax , additional tax and turnover tax levied under the Bombay Sales of Motor Spirit Taxation Act, 1958 ;

Bom . LXVI of 1958.

Guj . 1 of 1970.

(g) "Tribunal" means the Gujarat Sales Tax Tribunal constituted under section 28 of the Gujarat Sales Tax Act, 1969, and, discharging functions of the Tribunal assigned to it by or under this Act ;

(h) " turnover of sales" means sales price including the amount of tax as defined in clause (f) of this section;

( i) "year" means a financial year.

Bom . LXVI

of1958.

(2) Words and expressions used and not defined in this Act but defined in the Bombay Sales of Motor Spirit Taxation Act , 1958 shall have the meanings respectively assigned to them in that Act..

CHAPTER II

LEVY OF CESS AND UTILISATION OF PROCEEDS OF CESS

Levy and collection of cess.

3. ( 1 ) For the purpose of roviding fund for local authorities in the State of Gujarat, there shall be leviedad collected a cess on the turnover of sales of motor spirit by a manufacturer or importer or trader, but after deducting therefrom such turnover on which cess has been paid on earlier turnover of sales of motor spirit:

Provided that such cess shall not be levied at more than one stage .

(2) The cess under sub- section ( 1 ) shall be levied in such manner and at such rate or rates not exceeding four per cent . of the turnover of sales of such motor spirit, as may be prescribed and different rates may be prescribed for different kinds of motor spirit .

(3) The cess levied under sub - section ( 1 ) shall be payable by the trader.

INDEX PART IV]

20-3 GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001

Local Authorities . Fund .

4.. (1) The proceeds of the' cess and interest ( other than fines ) recovered under this Act shall first be credited to the Consolidated Fund of the State and after deduction of the expenses of collection and recovery therefrom shall , under appropriation duly made by law in this behalf, be entered in , and transferred to a separate fund called the "Local Authorities Fund " ..

(2) Any amount transferred to the Local Authorities Fund under sub -section ( 1 ) shall be charged on the Consolidated Fund of the State .

(3 ) The amount transferred to the Local Authorities Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose mentioned in section 3 .

Payment of cess .

5. (1 ) The cess levied under section 3 shall be payable by trader in such manner as may be prescribed...

(2) The trader liable to pay cess under section 3 shall furnish at such intervals and to such authority , returns in such form and in such manner as may be prescribed.

Interest on delayed payment of cess.

6. Where a trader does not pay the amount of cess within the time prescribed for its payment, there shall be paid by such trader, for the period commencing on the date of expiry of the aforesaid period and ending on the date of payment of the amount of cess , simple interest at the rate of twenty - four per cent . per annum on the amount of cess not so paid or any less amount thereof remaining unpaid during such period .

Refund in certain circum- stances:

7. Where cess under section 3 is levied and collected on the turnover of sales of motor spirit to a trader and such motor spirit is then sold by such trader in the course of inter - State trade or commerce or exported out of the territory of India within six months of such sales , the trader shall , upon an application made in this behalf and subject to such conditions as may be prescribed, be entitled to refund of cess in respect of the sale to him of the motor spirit.

CHAPTER III

REGISTRATION

Registration .

Bom . LXVI of1958 .

8. ..(1) Every trader holding a licence under the Bombay Sales of Motor Spirit Taxation Act, 1958 shall be required to apply for and obtain a registration certificate :

Provided that the Collector may , subject to such conditions as may be prescribed , grant exemption from the provisions of registration to a trader who , by virtue of deduction from furnover of sales , does not become liable to pay cess under this Act .

(2) The application for registration shall be made in such form , within such period and to such authority, as may be prescribed.

(3 ) On receipt of an application for registration under sub-section (2) , the authority on its satisfaction , may issue a certificate of registration in such form as may be prescribed.

INDEX 20-4

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 6-8-2001

9 . The Collector may, subject to such conditions as may be prescribed, suspend or cancel the registration if,-

Suspension or cancellation ofregistra- Lion.

(a) any cess payable under section 5 is not duly paid by the trader;

(b) there is any breach of conditions subject to which the registration is granted; or

CHAPTER IV

CESS AUTHORITIES

Cess Authori- ties.

10 . (1) For carrying out the purposes of this Act, the State Government may appoint--

(a) a person to be the Collector of Motor Spirit Cess for the whole of the State of Gujarat ;

(b) a person to be the Special Collector of Motor Spirit Cess ;

(d) such other persons to assist the Collector as the State Government may think fit .

(2)Aperson appointed under clause (b), (c) or (d) of sub-section ( 1 ) shall , within the limits of such area as the State Government may specify, exercise such powers and perform such duties as may be conferred or imposed on him by or under this Act .

CHAPTER V

LIABILITY TO KEEP ACCOUNTS, SUBMIT STATEMENT AND POWERS OF INSPECTION AND SEARCH

Traders to keep accounts and submit statement.

11. Every trader shall keep and maintain accounts in such form as may be prescribed , of motor spirit manufactured, imported, sold or purchased by him , and shall submit to the officer authorised in this behalf by the Collector , the statement in such form, in such manner and for such period, as may be prescribed:

Provided that where a trader has more than one place of business , the Collector may subject to such terms and conditions as may be prescribed , permit such trader to submit a consolidated statement relating to all or any of his places ofbusiness to such officer as the Collector may direct .

12 . times- (1 ) The Collector may, for the purposes of this Act, at all reasonable

(i) require any trader to produce before him accounts , registers or other documents or to furnish any other information ; or

Production and inspec- tionof accounts and documents and search of premises .

(ii ) inspect the accounts , registers and other documents and the stocks of any motor spirit manufactured, stored or kept in any shop, warehouse or place of business of any such trader ; or

INDEX 20-5 PART IV]

GUJARAT GOVERNI ENT GAZETTE, EX . , 6-8-2001

(iii) enter and search any building , vessel , vehicle or place in which he has reason to believe that any motor spirit is stored or kept for the purpose of sale or manufacture or where the accounts , registers and other documents arekept.

2 of1974.

(2) All searches made under this section shall be made in accordance with the provisions of the Code of Criminal Procedure , 1973 .

13.

documents in Seizure of certain circumstances.

If the Collector has reason to believe that any trader is attempting to commit an offence punishable under this Act , he may for reasons to be recorded any in writing , seize such accounts , registers or other documents of such trader as may be necessary and shall grant a receipt for the same and retain the same only for so long as may be necessary for examination thereof or for prosecution .

CHAPTER VI

ASSESSMENTS , APPEALS AND REVISION

14. (1) The amount of cess due from a trader shall be assessed by the Collector. Assessment .

(2) If the Collector is satisfied that the returns furnished by a trader are correct and complete , he shall assess the amount of cess due from the trader on the basis of such returns .

(3) If the Collector is not satisfied that the returns furnished in respect of any period are correct and complete , and he thinks it necessary to require the presence of trader or the production of further evidence , he shall serve on such trader, in the prescribed manner , a notice requiring him on a date and a place specified therein, either to attend and produce or cause to be produced all evidences on which such trader relies in support of his returns , or to produce such evidence as is specified in the notice . On the date specified in the notice , or as soon as may be thereafter, the Collector shall , after considering all the evidences which may be produced , assess the amount of cess due from the trader.

(4) If a trader fails to comply with the terms of any notice issued under sub -section (3 ) , the Collector shall assess , to the best of his judgement, the amount ⚫ of cess due from him.

Bar of certain proceedings.

15. Save as provided by section 19 , no assessment made and no order passed under this Act or the rules made thereunder by the Collector or any person appointed under section 10 to assist him, shall be called in question in any civil court, and save as provided by sections 16 and 17 , no appeal or application for revision shall lie against any such assessment or the order.

Appeal .

16. ( 1) Anytrader aggrieved by any order of the Collector, may file an appeal before such authority, within such time and in such manner, as may be prescribed.

(2) No appeal against an order of the assessment shall be entertained by the said authority unless it is accompanied by satisfactory proof of the payment of the cess with interest, if any, in respect of which the appeal has beenpreferred:

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001

20-6

Provided that the said authority may, if it thinks fit , for reasons to be recorded inwriting , entertain an appeal against such order,-

(a) without paymea.. of the cass or interest, if any, but on furnishing in the prescribed manner, security for such amount of cess and interest, as it may direct, or

(b) on proof of payment of such smaller sum, with or without security in like manner for such amount of cess and interest which remains unpaid as it maydirect.

(3) Subject to such rules of procedure as may be prescribed, the said authority may pass such order on appeal as it may think just and proper.

(4) Every order passed in appeal under this section shall , subject to the provisions of sections 17, 19 and 20 bè final ..

Revision.

17. (1) Subject to such rules as may be prescribed, and for the reasons to be recorded in writing, the Collector may, upon application or of his own motion, revise any order passed under this Act or the rules made thereunder by a person appointed under section 10 to assist him and subject thereto the Tribunal may , upon application, revise any order passed by the Collector:

Provided that no application under this sub- section shall be entertained if it is not made within a period of four months from the date of the order :

Provided further that before rejecting any application for the revision of any such order , the Collector or as the case may be , the Tribunal , shall record reasons in writing for such rejection .

(2) Before any order is passed under this section which is likely to affect any person adversely, such person shall be given a reasonable opportunity ofbeing heard .

(3) Where an appeal lies under section 16 and no appeal has been filed, no proceedings in revision under this section shall be entertained upon the application of such person .

Extension of period of limitation in certain cases.

18. The prescribed authority may admit an appeal under section 16 and the Collector and the Tribunal may admit an application under section 17 after the expiry of period of limitation laid down in the said sections , if the appellant or, as the case may be , the applicant , satisfies the prescribed authority, the Collector or , as the case may be, the Tribunal , that he had sufficient causes for not preferring the appeal , or making the application, within such period...

Statement of case toHigh Court.

19. ( 1 ) Within ninety days from the date of passing of any order under sub -section(3) of section 16 or sub - section ( 1 ) of section 17 affecting any liability of any trader to pay cess , such trader or the Collector, may by application in writing require the Tribunal to refer to the High Court any question of law arising out of such order, and where the Tribunal agrees , it shall draw up a statement of the case and refer it to the High Court.

(2) If, for reasons to be recorded in writing , the Tribunal refuses to make such reference , the applicant may within thirty days of such refusal apply to the High Court against such refusal .

INDEX 20-7 GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001

PART IV]

(3) If upon the receipt of an application under, sub - section (2) , the High Court is not satisfied that such refusa! was justified, it may require the Tribunal to state a case and refer it to the High Court ; and on receipt of such requisition , the Tribunal shall state and refer the case to the High Court accordingly.

(5) The High Court upon hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgement thereon and shall send to the Tribunal a copy of such judgement and the Tribunal shall dispose of the case accordingly.

(6) The payment of the amount , if any, of the cess due in accordance with the order of the Tribunal in respect of which an application has been made under sub -section ( 1 ) shall not be stayed pending the disposal of such application or any reference made in consequence thereof, but if such amount is reduced as a result of such reference , the excess cess paid shall be refunded.

Rectification ofmistakes .

20. (1) The Collector may at any time within two years from the date of any order passed by him , either on his own motion or on an application made by.any person affected by such order rectify any mistake of fact apparent from the records

Provided that no such rectification shall be made if it has the effect of enhancing the cess or reducing the amount of refund , unless the Collector has given notice in writing to such trader of his intention to do so and has allowed such trader a reasonable opportunity of being heard.

(2) The provisions of sub - section ( 1 ) shall apply to the rectification of mistake by the Tribunal or the prescribed authority under section 16 as they apply to the rectification of a mistake by the Collector.

(3) Where any such rectification has the effect of reducing the amount of cess, the Collector shall in the prescribed manner refund any due , to such trader.

(4) Where any such rectification has the effect of enhancing the amount ofcess or reducing the amount of refund, the Collector shall recover the amount due from such trader in the manner provided in section 32 .

CHAPTER VII

OFFENCES , PENALTIES AND PROCEDURE

Penalty for carrying on business without registration .

21. Whoever contravenes the provisions of section 8 shall, on conviction,. be punished with fine which may extend to twenty thousand rupees and in the case of a continuing contravention , with an additional fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention .

22. If any trader liable under section 11 to keep accounts or to submit statements , fails without sufficient cause to keep or submit the same in the manner and at the period prescribed or keeps false accounts or submits false statements , he shall , on conviction, be punished with fine which may extend to twenty

Penalty for failure to keep accounts or submit statements .

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001-

20-8

thousand rupees and in the case of a continuing failure , with an additional fine which may extend to one thousand rupees for each day during which such failure continues, after conviction for the first such failure .

23. Whoever-

(a) fails to comply with any requirement made to him under sub -section

(1) ofsection 12, or

(b ) produces false accounts , registers or documents , or knowingly furnishes false information, or

Penalty for failure to complywith requirements of section 12 or for obstructing officer in discharging his duties .

(d) aids or abets any person in the commission of any act specified in clause ( a), ( b) or ( c) of this section ,

shall , on conviction , be punished with fine which may extend to twenty thousand rupees and in the case of a continuing contravention , with an additional fine which may extend to one thousand rupees for each day during which súch contravention continues after conviction for the first such contravention.

Offencesby companies.

24. ( 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, aswell as company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub - section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge 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 purpose 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.

Cognisance of offences.

25. No court shall take cognisance of any offence- punishable under this Act except with the previous sanction of the Collector...

INDEX 20-9 PART IV ]

GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001

Power of entry and search .

26. (1 ) Any officer specially empowered by the State Government in this behalf may enter and search, at any time any building , vessel , vehicle or place in which he has reason to believe that motor spirit is kept for the purpose of sale contrary to the provisions of this Act or any rules made thereunder .

2 of1974.

(2) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure , 1973 .

Powers of investigation.

27. (1) Every officer not below such rank as may be prescribed shall , within the area for which he is appointed , have power to investigate all offences punishable under this Act.

2 of 1974 .

(2) Every such officer shall , in the conduct of such investigation, exercise the powers conferred by the Code of Criminal Procedure , 1973 upon an officer in- charge of police station for the investigation of a cognisable offence ..

CHAPTER VIII

MISCELLANEOUS

Delegation of powers .

28. Subject to the general or special orders of the State Government, the Collector maydelegate any of the powers conferred upon him by or under. this Act to any person appointed to assist him under section 10 ...

Powers to transfer proceediags.

29. The Collector may, after due notice to the trader, by order in writing , transfer any proceedings or class of proceedings under any provisions of this Act or the rules made thereunder, from himself to any other officer and he may likewise transfer any such proceedings (including proceeding already transferred under this section) from one such officer to another officer or to himself.

Officers te be public servants .

XLV of 1860.

30. The Collector, all officers and other employees appointed under this Act shall be deemed to be public servants within the meaning of section 21, of the Indian Penal Code .

Protection of action taken ingood faith.

31. No suit , prosecution or other legal proceedings shall lie against any officer or employee appointed under this Act for anything , which is in good faith done or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.

Recovery as arrear of land revenue .

32 All sums payable as cess or interests (other than fines ) under this Act shall , if not paid within the prescribed period or, as the case may be , before such date as the Collector may direct , be recoverable as an arrear of land revenue .

Certain sales not liable to cess.

33. Nothing in this Act or the rules made thereunder, shall be deemed to impose or authorise the imposition of a cess on any turnover of sales of motor spiritwhere such sales takes place -

(a) outside the State ofGujarat ,

(b) in the course of the import of such motor spirit into the territory of India or the export of the goods out of such territory, or

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 6-8-2001

20-10

Explanation. - For the purpose of this section , whether a sale takes place -

(i) outside the State of Gujarat, or

(ii) in the course of import of the goods into the territory of India or the export of the goods out of such territory, or

(iii) in the course of inter - State trade or commerce

shall be determined in accordance with the principle specified in sections 3, 4 and 5 of the Central Sales Tax Act, 1956.

LXXIV of 1956.

Power to make rules .

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

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

(a) the stage at which , the rate at which and the manner in which , the cess shall be levied and collected under section 3 ;

(b) the manner in which and conditions subject to which the Local Authorities Fund shall be expended under section 4;

(d) the intervals at which , the authority to which , the form in which and the manner in which the return shall be furnished under sub - section (2) of section 5;

(e) the conditions subject to which a trader shall be entitled to refund of cess under section 7;

(f) the conditions subject to which the exemption from the provisions of registration may be granted by the Collector under sub- section ( 1 ) of section 8 ;

(g)the form inwhich, period within which and the authority to which the application for registration shall be made under sub -section (2) of section 8;

(h) the form in which certificate of registration shall be issued under sub-section (3) of section 8;

(i) the conditions subject to which the Collector may suspend or cancel registration under section 9;

(j) the form in which accounts shall be maintained by the trader under section 11;

(k) the form in which , the manner in which and the period for which statements shall be submitted under section 11 ;

(1) terms and conditions subject to which the trader may be permited to submit a consolidated statement under the proviso to section 11 ;

INDEX 20-11 GUJARAT GOVERNMENT GAZETTE , EX. , 6-8-2001

PART IV]

(m) the manner in which a notice shall be served by the Collector on a trader under sub- section (3 ) of section 14;

(n) the manner in which , the time within which and the authority to which an appeal may be preferred under sub- section (1 ) of section 16;

(o) the manner in which the security shall be furnished under the proviso to sub- section (2 ) of section 16;

(p) the rules of procedure subject to which the authority may pass an order on appeal under sub - section (3) of section 16;

(g) the rules subject to which the Collector or the Tribunal may revise an order under sub - section (1) of section 17;

(r) the manner in which the Collector may refund the amount of cess under sub - section (3 ) of section 20 ;

(s) the rank of officer who shall have power to investigate offences under sub - section (1 ) of section 27.

(3) Any rule made under this section may provide that any person contravening any such rule shall be liable , on conviction, to be punished with a fine which may extend to one thousand rupees and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for each dayduring which such contravention continues after conviction for the first such contravention.

(4) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication :

Provided that if the State Government is satisfied that circumstances exist

which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section.

(5) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as 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.

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

35.

Guj . Ord . 7 of 2001.

(1) The Gujarat Motor Spirit Cess Ordinance , 2001 is hereby repealed. Repeal and savings.

(2) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have beeri done or taken under this Act .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 21

REGISTERED NO . G/GNR/ 2

20 01

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ] MONDAY, AUGUST 6, 2001 / SRAVANA 15 , 1923

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

PART - IV

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

The followingAct of the Gujarat Legislature , having been assented to by the Governor on the 3rd August, 2001 is hereby published for general information .

V. M. KOTHARE,

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

GUJARAT ACT NO . 14 OF 2001 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 6th August, 2001 ) .

AN ACT

further to amend the Gujarat Municipalities Act , 1963 ..

further to amend the Gujarat Municipalities Act, 1963 .

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

1. (1 ) This Act may be called the Gujarat Municipalities (Amendment) Act, 2001 .

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 1stMay, 2001.

IV- Ex . 21-1

21-1

INDEX [PART IV ORST GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 6-8-2001

21-2

Guj. 34 of 1964.

2. IntheGujarat Municipalities Act , 1963 (hereinafter referred to as "the principal Act " ) , in section 2, clause (16) shall be deleted.

ofsection 2 Amendment of Guj.34 of 1964.

In the principal Act , in section 64,

Amendment 3. ofsection 64 ofGuj. 34 of1964.

(1) in sub -section (1) , in clause (b) , for the words " for the levy ofoctroi duty and tolls whereby the octroi duties and tolls respectively" , the words " for the levy of tolls whereby tolls" shall be substituted;

(2) in the marginal note , the words " Joint levy of octroi " shall bedeleted.

4. In the principal Act, in section 99, in sub -section (1) ,

Amendment of section 99 ofGuj . 34of1964.

(1) clause (iv) shall be deleted;

(2) in clause (xv) , after the words " to any entertainment " , the words " or octroi " shall be inserted;

(3) in the second proviso, paragraph (b) shall be deleted .

5. In the principal Act , in Chapter VIII, in sub - heading (5 ) , the words " Octroi and " shall be deleted .

Amendment of Chapter VIII of Guj. 34 of 1964.

6. In the principal Act , sections 121 , 122, 123 , 124, 125 , 128, 129 and 129A shall be deleted.

Deletion of sections 121 to 125, 128, 129 and 129A ofGuj. 34 of1964.

dodat

7. Inthe principal Act, in section 127,

(1) for sub - section (1) , the following shall be substituted, Amendment of section 127 of Guj. 34 of 1964.

Vam'foA (1)

belle

dspilnamely : -4 Isidiu sit

bes

1005 356(membnomA)

moob od Bade if (S)

1005 valent

1-1543-41

1-15

INDEX 21-3

GUJARAT GOVERNMENT GAZETTE , EX . , 6-8-2001

PART IV]

Power to seize vehicle or animal on поп- payment of toll.

"(1) In the case ofnon payment on demand of any toll leviable by a municipality, any person appointed to collect such toll may seize any vehicle or animal on which the toll is chargeable or any part of the burden on such vehicle or animal which is of sufficient value to satisfy the demand , and may detain the same. He shall thereupon give the person in possession of the vehicle or animal seized , a list ofthe property together with a written notice in the form specified in Schedule VI; " ;

(2) in sub - sections (2) and (3) , the words " octroi or " wherever they occur , shall be deleted ;

(3) insub -section (4) , the words " octroi, or " shall be deleted;

(4) inthemarginal note, the words " octroi or " shall be deleted .

8. Inthe principal Act , in section 132, in sub - section (1) , in clause (b) , the words " an octroi or " shall be deleted .

Amendment of section 132 ofGuj . 34 of 1964.

9 . In the principal Act , in section 275, in sub - section (1) , clause (1) shall be deleted.

Amendment ofsection 275 ofGuj . 34 of 1964.

10. In the principal Act, in section 278, in sub - section (2) , clause (a) shall be deleted .

Amendment of section 278 ofGuj . 34 of 1964.

Guj . Ord. 5 of

and Repeał savings.

11. (1) The Gujarat Municipalities (Amendment ) Ordinance , 2001 is hereby repealed.

2001.

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

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/2 Extra No. 22

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLII ] MONDAY, AUGUST 6, 2001 / SRAVANA 15 , 1923

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

PART - IV

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

حسن

The followingAct of the Gujarat Legislature, having been assented to by the Governor on the 3rd August, 2001 is hereby published for general information .

V. M. KOTHARE,

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

GUJARAT ACT NO. 15 OF 2001 .

(Firstpublished, after having received the assent of the Governor in the " Gujarat Government Gazette " , on the 6th August , 2001 ).

AN ACT

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

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

1. (1) This Act may be called the Bombay Provincial Municipal Corporations (Gujarat Amendment ) Act, 2001 .

Short title and com- mencement.

(2) It shall be deemed to have come into force on the 1st May, 2001 .

IV- Ex . 22-1

22-1

INDEX [PART IV

GUJARAT GOVERNMENT GAZETTE , EX.; 6-8-2001

Bom . LIX of 1949.

2. In the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the principal Act " ) , in section 127, in sub -section (2), for clause (a) , the following shall be substituted, namely: --

Amend- ment of section 127 ofBom. LIX of 1949.

Bom . LXVI of1958.

"(a) Octroi on goods other than motor spirit as defined in the Bombay Salesof Motor Spirit Taxation Act, 1958. ".

Guj . Ord. 6 of2001.

3. (1) The Bombay Provincial Municipal Corporations (Gujarat Amendment ) Ordinance , 2001 is hereby repealed.

Repeal and savings.

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

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 23

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1923

VOL XLII ]

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

PART - IV

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

صنا

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August, 2001 is hereby published for . general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 16 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 31st August , 2001 ) .

AN ACT

further to amend the Gujarat Town Planning and Urban Development Act, 1976 .

Itis hereby enacted in the Fifty - second Year of the Republic of India as follows :

1. ( 1 ) This Act may be called the Gujarat Town Planning and Urban Development (Amendment) Act , 2001 .

Short title and commence- iment.

(2) This section and section 2: shall be deemed to have come into force on the 28th April , 2001 and the remaining sections shall come into force on such date as the StateGovernment may; by notification in the Official Gazette , appoint .

23-1

IV -Ex . 23-1

INDEX 23-2

[PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

President's Act No. 27 of 1976.

In the Gujarat Town Planning and Urban Development Act , 1976 ( hereinafter referred to as " the principal Act" ) , in section 5 , after sub- section (3 ) , the following sub - section shall be inserted , namely :-

Amendment of 2 . section 5 of President's Act No. 27 of 1976.

( 3A) Notwithstanding anything contained in sub- section ( 1 ) , the State Government , to deal with the situation arising out of natural calamity or disaster , may by notification , constitute the area development authority or reconstitute any existing area development authority constituted under sub- section ( 1 ) , for any development area declared as such under section 3 , consisting of such members as it deems fit . " .

In the principal Act , after section 6A , the following section shall be inserted. 3. namely:

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

" 6B ( 1 ) A copy of every order, resolution or decision of the appropriate authority shall be sent to the Collector of the district .

Powers of Collector to suspend execution of order etc. of appropriate authority.

D ( 2) If, in the opinion of the Collector, the execution of any order, resolution or decision of an appropriate authority or the doing of anything which is about to be done or is being done by or on behalf of an appropriate authority is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawful , he may by order in writing suspend the execution or prohibit the doing thereof and where the execution of any work in pursuance of the order or resolution of an appropriate authority is already commenced or completed, direct an appropriate authority to restore the position in which it was before the commencement of such work .

( 3 ) When the Collector makes any order under this section , he shall forthwith forward to an appropriate authority affected thereby a copy of the order with a statement of the reasons for making it and also submit a report to the State Government alongwith copies of such order and statement .

(4) Against the order made by the Collector under sub - section ( 1 ) , the appropriate authority or any person affected thereby may prefer' an appeal to the State Government within thirty days from the date on which it receives a copy of the order . The State Government may on such appeal rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force , with or without modification , permanently or for such period as it may specify

Provided that the oluer shall not be revised , modified or confirmed by the State Government without giving the appropriate authority or, as the case may be , person affected thereby reasonable opportunity of showing cause against the order. " .

In the principal Act, in section 22 , after sub - section ( 4) , the following sub - section shall be inserted, namely : 4 .

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

" (4A) Notwithstanding anything contained in sub - section ( 4) , the State Government, to deal with the situation arising out of natural calamity or disaster, may by notification constitute the urban development authority or reconstitute any existing urban... development authority constituted under sub - section ( 1 ) , for any urban development, area declared as such under sub- section ( 1 ) , consisting of such members as it deems fit . " .

INDEX 23-3 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

5. In the principal Act, in section 51 , after the second proviso , the following proviso shall be inserted, namely: -

Amendment of section 51 of President's Act No. 27 of 1976.

Guj . Act No. 2 of 1999.

"Provided also that where the town planning scheme pending before the Town Planning Officer on the date of commencement of the Gujarat Town Planning and Urban Development ( Amendment ) Act . 1999 , has not been sub - divided into a preliminary scheme and a final scheme within the period so extended under the second proviso , the State Government may , by order and for reasons to be recorded in writing. extend the period by such further period not exceeding two years in aggregate from the date of expiry of the period so extended under the said proviso and any such order extending the period may be made so as to have retrospective effect . " .

6. ( 1 ) The Gujarat Town Planning and Urban Development ( Amendment ) Repeal and savings .

Ordinance , 2001 is hereby repealed .

Guj . Ord . 2 of 2001 .

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

સરકારી મધ્યસ્થ પ્રેસ , ગાંધીનગર .

INDEX Extra No. 24

REGISTERED NO . G/GNR/

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1923

VOL XLII ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August, 2001 is , hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO. 17 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the " Gujarat Government Gazette " , on the 31st August , 2001 ) .

AN ACT

further to amend the Gujarat Tax on Luxury Commodities Act , 1995 .

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

1. ( 1 ) This Act may be called the Gujarat Tax on Luxury Commodities (Amendment) Act, 2001 .

Short title and commencement.

(2) It shall come into force on the 1st September, 2001 .

IV -Ex . 24-1

24-1

INDEX 24-2

[PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

Guj.14of 1995.

2. IntheGujarat Tax on Luxury Commodities Act, 1995 (hereinafter referred to as "the principal Act" ) , for section 5, the following section shallbe substituted, namely :-

Substitution of section5of Guj.14of 1995.

Levy of tax on stock of com- modities of luxury.

"5. There shall be levied on the stock of any of the luxury commodities received by a stockist during a year, a tax at the rate set out against each of them in column 3 in the Schedule. The tax shall be leived on the aggregate value of such stock." .

3. In the principal Act, for the Schedule, the following Schedule shall be substituted, namely: - Substitution ofScheduleto Guj.14of 1995.

"SCHEDULE

(See clause (4) of section 2 and section 5)

Serial No. Description of Luxury commodity

Cheroots

Cigarettes

Cigars

Smoking mixtures for pipesand cigarettes

Gutkha

PanMasala with tobacco or Gutkha Rate of Tax

Five per cent.of the aggregate value of stock .

イ

Five per cent . of the aggregate value of stock.

Five per cent.of the aggregate value of stock.

Five per cent . of the aggregate value of stock.

Twenty per cent, ofthe aggregate value of stock.

Twenty per cent. ofthe aggregate value of stock.".

સરકારી મધ્યસ્થ પ્રેસ, ગાંધીનગર .

INDEX REGISTERED NO. GAGNR/?

Extra No. 25

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1923

VOL XLII ]

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

PART - IV

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

Thefollowing Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August , 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 18 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the " Gujarat Government Gazette " , on the 31st August , 2001 ).

AN ACT

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

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

Short title and commence- ment.

1. (1 ) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Second Amendment) Act , 2001 .

(2) It shall come into force on the 1st September, 2001 .

IV-Ex . 25-1

25-1'

INDEX 25-2

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

[ PART IV

Bom. LXV of 1958 .

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

Amendment of section 3 of Bom. LXV of 1958.

( 1) in sub -section ( 1 ) , for the words " Sixth and Seventh " , the words " Sixth, Seventh, Eighth and Ninth " shall be substituted;

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

3. In the principal Act , in section 4 , in sub -section ( 1AB ) , for the words " Sixth Schedule or Seventh Schedule " , the words " Sixth Schedule , Seventh Schedule, Eighth Schedule or Ninth Schedule " shall be substituted .

Amendment of section 4 of Bom. LXV of 1958.

4. In the principal Act , in section 11 , in sub - section ( 2 ) , in clause ( c) , for the words " EIGHTH SCHEDULE " , the words. " TENTH SCHEDULE " shall be substituted.

Amendment of section 11 of Bom . LXV of 1958.

5. In the principal Act , in section 25, for the words " NINTH SCHEDULE " , the words "ELEVENTH SCHEDULE " shall be substituted.

Amendment of section 25 of Bom . LXV of 1958.

6 in the principal Act , in FIRST SCHEDULE , in Part I , in clause III , entries ( a ) , (b) and ( c) shall be deleted .

Amendment of First Schedule to Bom . LXV of1958.

7. In the principal Act, the existing EIGHTH SCHEDULE shall be renumbered as " TENTH SCHEDULE " .

Amendment . Eighth Schedule to Bom . LXV of 1958.

8. In the principal Act, the existing NINTH SCHEDULE shall be renumbered as " ELEVENTH SCHEDULE " :

Ainendment of Ninth Sched- ule to Bom. LXV of 1958 .

9. In the principal Act , after SEVENTH SCHEDULE , the following Schedules shall be inserted , namely: --

Insertion of new Schedules in Bom . LXV of 1958.

INDEX 25-3

AZETTE , EX. , 31-8-2001.

PART IV] GUJARAT GOVERNMENT

"EIGHTH SCHEDULE

(See section 3 )

Motor vehicles registered in the State of -Gujarat on or after the 1st September , 2001 and used for the carriage of goods or materials .

Maximum rate oflump sum tax

Rs .

Part I Motor Vehicles using motor spirit, compressed natural gas or operated by Electric Battery or solar energy.

Motor vehicles (inciuding tricycles ) used for the carriage of goods or materials-

9,000 (a) Vehicles the registered laden weight of which does not exceed 750 KG .

15,000 (b) Vehicles the registered laden weight of which exceeds 750 KG but does not exceed 1500 KG.

25,000 (c) Vehicles the registered laden weight of which exceeds 1500 KG but does not exceed 3000 KG ;

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

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

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

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

The rates shown inPart I plus a surcharge of fifty per cent . on all orany class ofmotor vehicles mentioned therein .

INDEX 25-4

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

[PART IV

NINTH SCHEDULE

(Seesection 3)

Motor vehicles specified in the Eighth Schedule registered in the State of Gujarat before the 1st September, 2001 and the motor vehicles registered in any other State and brought for use or keeping for use in the State of Gujarat on or after the 1st September, 2001.

 If the age of the vehicle from the month of registration is-- Rate of lump
                                                             sum tax .
 1 .   not more than 2 years                                 95 % of the tax .
2.     more than 2 years but not more than 3 years
                                                             90 % of the tax.
3.     more than 3 years but not more than 4 years .         85% of the tax ...
4.     more than 4 years but not more than 5 years
                                                             80% of the tax .
5.     more than 5 years but not more than 6 years           75% of the tax.
6.     more than 6 years but not more than 7 years           70% of the tax .
7.     more than 7 years but not more than 8 years          '65% of the tax .
8.     more than 8 years but not more than 9 years           60 % of the tax .
9.     more than 9 years but not more than 10 years          55% of the tax .
10.    more than 10 years but not more than 11 years         50% of the tax .
11.    more than 11 years but not more than 12 years         45% of the tax .
12.    more than 12 years but not more than 13 years         40% of the tax .
13.    more than 13 years but not more than 14 years         35% of the tax:
 14.   more than 14 years .                                  30% of the tax .

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

GOVEHMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNE Extra No. 26

संत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1923

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

PART - IV

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

The following Act of the Gujarat Legislature , havingbeen assented to by the Governor on the 31st August , 2001 is hereby published for general information.

V. M. KOTHARE ,

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

GUJARAT ACT NO . 19 OF 2001 .

(Firstpublished, after having received the assent of the Governor in the"Gujarat Government Gazette " , on the 31st August, 2001 ).

AN ACT

further to amend the Bombay Stamp Act, 1958.

It ishereby enacted in the Fifty- second Year of the Republic of India as

follows : -

Short title and commencemer 1. (1) This Act may be called the Bombay Stamp (Gujarat Amendment ) Act , 2001 .

(2) It shall come into force on the 1st September , 2001 .

26-1

IV -Ex . 26-1

INDEX [PART 26-2

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

Bom. LX of 1958.

In the Bombay Stamp Act, 1958 (hereinafter referred to as "the principal Act" ) , in section 2, in clause (g)-

Amendment of 2. section 2 of Bom. LX of. 1958.

(i) in sub -clause ( iii), the word " or " shall be deleted;

(ii) insub - clause ( iv), for the words " amalgamation of companies" , the words " reconstruction or amalgamation of companies , or " shall be substituted;

(iii) after sub - clause ( iv), the following sub- clause shall be inserted, namely: -

Guj . X of 1962 .

Bom . XXVI of 1959.

Guj .13 of1973.

"(v) any writing or letter of allotment in respect of the premises , given to its members or allottee by a co - operative society registered or deemed to have been registered under the Gujarat Co -operative Societies Act, 1961 or a corporation or an association formed and registered under the Bombay Non-Trading Corporation Act, 1959 or the Gujarat Ownership Flat Act, 1973, as the case may be. " .

Amendment of Section 32A of Bom. LX of 1958..

3. In the principal Act, in section 32A, in sub - section ( 1 ) , after the words "shall be accompanied by a true copy thereof" , the words , " and the Statement in such form as may be prescribed by rules " shall be inserted.

4. In the principal Act, for section 48, the following section shall be substituted, namely : -

Substitution of Section 48 of Bom. LX of 1958.

"48. The application for relief under section 47 shall be made within the following period , that is to say, -

Period within Which application for Yelief under Section 47 to be Amade.

(a). in the cases mentioned in sub - clause (5) of clause (c) , within six months from the date of execution of the instruments ;

(b) in the case of an instrument substituted by another and not presented for cancellation, within six months from the date of execution of the substituting instrument;

INDEX 25-3

TTE , ΕΧ. , 31-8-2001

PART IV] GUJARAT GOVERNMENT GAL

5. In the principal Act, after section 52 B, the following section shall be inserted, namely :-

lasertion of new Section 52 C in Bom. LX of 1958.

Invalidation of stamps and savings.

"52C . Notwithstanding anything contained in sections 47, 50, 51 and . 52, -

Guj. 19 of2001 .

(a) any impressed stamps which have been purchased on or after the date of commencement of the Bombay Stamp (Gujarat Amendment ) Act , 2001 (hereinafter referred to as " the said date") shall be used or presented for claiming allowance within a period of six months from the date of purchase . Any such stamps which have not been used or no allowance has been i claimed in respect thereof within the period of six months from the date of purchase shall be rendered invalid;

(b) any impressed stamps which have been purchased but have not been used or no allowance has been claimed in respect thereof before the said date , may be used or presented for claiming the allowance under the relevant provisions of the Act within a period of six months from the said date . The stamps which have not been used or presented within the aforesaid period of six months shall be rendered invalid. " .

6. Inthe principal Act , in Schedule I, -

Amendment of Schedule I to Bom LX of 1958 .

(1) in article 5 , after clause (g ) , the following clause shall be inserted, namely : -

One rupee for every hundred. rupees or part thereof of the market value of the property which is the subject matter of such agreement :

ог "(ga) if relating to giving authority or power to a promoter or a developer; by whatever name called, for construction on; development of, or sale or transfer (in any manner whatsoever) of, immovable property. any

Provided that the provisions of section 32A shall , mutatis mutandis , apply to such agreement , memorandum or records thereof or as they apply to an instrument under that section:

Provided further that if the

INDEX [PART IV 26-4

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

proper stamp duty is paid under clause (g ) of article 45 on a power of attorney executed between the same parties in respect of the same property , then the stamp duty under this article shall be fifty rupees ." ;

(2) inarticle 20 , -

(i) in clause ( a ), for the words and figures "under article No. 56. " , the words and figures " under article No. 56, relating to immovable property " shall be substituted;

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

"( aa) CONVEYANCE, not being a transfer charged ог exempted. under article 56 , relating to movable property.

Two rupees for every hundred rupees or part thereof of the amount of the consideration for such conveyance or, as the case may be , the market value of the property which is the subject matter of such conveyance whichever is greater. " ;

(iii) after clause ( c ), the following clause shall be inserted , namely: -

"(cc) CONVEYANCE , The stamp duty as is payable under clause (a) and ( aa ) , as the case may be. " ;

a (not being transfer charged or exempted under article No. 56 ) if relating to both novable and immovable property .

(iv) in clause (d) , for the words " amalgamation , the words "reconstruction or amalgamation " shall be substituted;

(3) in article 27 , -

(i) in clause (b ) , for item ( ii ) , namely:- the following shall be substituted ,

"( ii ) if possession is not so given.

Subject to maximum of two lakhs rupees , two rupees for every hundred rupees or part thereof, for the amount of the further charge secured by such instrument .";

INDEX 26-5 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

(ii ) clause.(c) shall be deleted;

(4) inarticle 36,-

(i) for clause (b) , the following clause shall be substituted, namely: -

Subject to maximum of rupees two lakhs , two rupees for every hundred rupees or part thereof for the amount secured by such deed.";

"(b) when possession of the property or any part of the property comprised in such deed is not given or not agreed to be given.

(ii) Explanation II and Explanation III shall be deleted;

(5) in article 45 , -

(i) for clause (g), the following clause shall be substituted, namely:-

One rupee for every hundred rupees or part thereof of the market value of the property which is the subject matter of such power of attorney:

"(g) Whengiven to a promoter or developer; by whatever name called, for construction on ; or development of, or sale or transfer ( in any manner whatsoever) of, any immovable property.

Provided that the provisions of section 32A shall mutatis mutandis apply to such an instrument of power of attorney as they apply to a conveyance under that section: : Provided further that when proper stamp duty is paid under clause (ga) of article 5, on an agreement or records thereof or memorandum of an agreement executed between the same parties and in respect of same. property, the duty chargeable under this clause shall be rupees one hundred.";

(ii) in Explanation III, for the word, bracket and letter "clausé (g )", the word, bracket and letter " clause (f) " shall be substituted.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 27.

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1923

VOL XLII ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August, 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 20 OF 2001 .

( Firstpublished , after having received the assent of the Governor in the" Gujarat Government Gazette " , on the 31st August , 2001 ) .

AN ACT

further to amend the Gujarat Sales Tax Act, 1969 .

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

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

Act, 2001 .

Short title and commence- ment.

(2) It shall come into force on the 1st September, 2001 .

Guj . 1 of 1970.

2. In the Gujarat Sales Tax Act , 1969 ( hereinafter referred to as "the principal Act ") , in section 2 , in clause (21 ) , figures " 32" shall be deleted .

Amendment ofsection 2 ofGuj . 1 of 1970.

3. In the principal Act , for section 30A, the following section shall be substituted , namely : - .

Substitution of section 30A ofGuj . 1 of1970.

27-1

IV- Ex . 27-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

27-2

Guj . 20 of2001 .

Fresh registration ofdealers .

"30A . ( 1 ) Every registered dealer who holds , on the date of commencement of the Gujarat Sales Tax ( Second Amendment) Act, 2001 (hereinafter referred to as "the specified date " ) , a valid certificate of registration (hereinafter referred to as "the existing certificate of registration " ) shall obtain a fresh certificate of registration as provided in this section in lieu of the existing certificate of registration .

(2) Every registered dealer required to obtain a fresh certificate of registration under sub - section ( 1 ) shall apply in the prescribed manner within such period from the specified date as may be prescribed , to the authority prescribed for the purpose of section 29 .

(3) The prescribed authority , on receipt of the application under sub- section ( 2 ) , shall , subject to the provisions of this Act, issueto the applicant a fresh certificate of registration in the prescribed form, which shall be effective from such date as may be prescribed and thereupon all the provisions of this Act in respect of a certificate of registration shall , so far as may be , apply to such fresh certificate of registration and references to a certificate of registration in any licence , recognition , permit or other document granted to the applicant shall be construed as references to the fresh certificate of registration. issued to him .

(4) Where any registered dealer fails to make an application under sub - section (2 ) , the Commissioner shall impose upon such dealer by way of penalty a sum of fifty rupees for every day after the expiry of the period prescribed under sub - section ( 2 ) for making such application during which such default continues ." .

4. .In the principal Act , in section 30AA, -

Amendment of section 30AA of Guj . 1 of1970 .

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

""(2A) ( a) Where a registered dealer does not pay the amount of tax as per his declarations or returns within the prescribed period for three or more consecutive periods , the Commissioner shall serve on such dealer in the prescribed manner, a notice, requiring him on or before the date specified therein to pay the amount of tax as per the declarations or returns . -

(b) Where a dealer fails to pay the amount of tax as required by the notice served upon him under clause (a) before the expiry of the date specified therein, the Commissioner shall , without prejudice to any penalty leviable on such dealer under this Act , cancel the certificate of registration of such dealer:

INDEX 27-3 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

Provided that notwithstanding the cancellation of certificate of registration under this sub - section , the liability of the dealer shall continue in respect of any tax , penalty or interest for any period prior to the date of the order of the Commissioner canceling the certificate of registration . " ;

(2) in sub - section ( 3 ) , after the words , brackets and figure " sub - section ( 2 ) " , the words , letters , brackets and figure " or clause ( b ) of sub- section ( 2A ) " shall be inserted ;

(3) after sub - section (3 ) , the following sub - section shall be inserted , namely: -

"(4) The Commissioner shall , within ten days of cancellation of certificate of registration under this section , publish in the prescribed manner the details of such cancellation of registration . " .

5. In the principal Act, for section 41AA, the follwing section shall be substituted , namely : -

Substitution of section 41AA of Guj 1 of1970.

"41AA. ( 1 ) Notwithstanding anything contained in sub- sections (2) and (3) of section 41 , where any dealer has furnished the declarations or returns in respect of any specified period by such dates as prescribed therefor and paid the amount of tax due according to such declaration or return within the time prescribed by or under the Act -

Special provision for deemed assessment for the period prior to 1st April , 2000 .

: (a) in the case of a dealer whose tax payable for the specified period to which the declaration or return relates does not exceed fifteen thousand rupees , the amount of tax due from the dealer in respect of such declaration or return shall , irrespective of whether a notice undersub - section ( 3) of section 41 is issued or not , be deemed to have been assessed , if the dealer at his option makes payment of one thousand rupees for each specified period in the Government treasury on or before the 30th November , 2001;

(b) in the case of a dealer whose tax payble for the specified period to which the declaration or return relates exceeds fifteen thousand rupees, bút does not exceed twenty- five thousand rupees , the amount, of tax due from such dealer in respect of such declaration or return shall , irrespective of whether a notice under sub - section (3 ) of section 41 is issued or not , be deemed to have been assessed , if the dealer at his option makes payment of two thousand rupees for each specified period in the Government treasury on or before the 30th November, 2001 .

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

27-4

(2) The payment made by a dealer under clause (a ) or (b) of sub - section (1 ) shall be construed;-

(a) as if the dealer had furnished revised declaration or revised return under sub -section (3 ) of section 40 , and

(b ) as payment made under sub - section (3 ) of section 47 towards the liability of the dealer to pay tax under such revised declaration or revised return ..

(3) Nothing in this section shall apply to a dealer, -

(a) whose books of accounts , registers , documents have been impounded or seized under section 59 , or

(b) who has availed of tax exemption or tax deferment under any of the incentive schemes of Government of Gujarat .

Explanation.-For the purpose of this section , the words " specified period " means-

(a) in relation to a dealer who maintains regular books of accounts , any year or part of the year prior to 1st April , 2000 by reference to which the accounts are maintained by him ; and

(b) in relation to any other dealer, any financial year or part of the financial year prior to the said date . " .

Amendment of section 47 ofGuj . 1of 1970.

6. In the principal Act, in section 47, in sub - section (4A) , for the words "twenty- four per cent . " wherever they occur, the words " eighteen per cent . " shall be substituted .

Amendment ofsection 54 of Guj . 1 of 1970.

7. In the principal Act , in section 54, in sub - section ( 1 ) , for the words "fourteen per cent . " occurring at two places , the words "nine per cent . " shall be substituted.

ici 8. In the principal Act, in Schedule I, the entry at serial No. 4 shall be deleted. :

Amendment ofSchedule I to Guj . 1 of 1970 .

9. .: In the principal Act, in Schedule II , in part A, -

Amendment of Schedule II Part A to Guj . 1 of1970.

(1) in the entries at serial No. 13 and 14, in columns 3 and 4, for the words "Two paise ", the words " Four paise " shall be substituted;

(2) in the entry at serial No. 28 , in columns 3 and 4, for the words Twelve paise " , the words." Eight paise " shall be substituted;

INDEX 27-5 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

(3) in the entry at serial No. 40, in columns 3 and 4, for the words "Twenty paise" , the words " Sixteen paise " shall be substituted;

(4) inthe entry at serial No. 44 , in clause (A) , in columns 3 and 4, for the words " Six paise " , the words " Four paise " shall be substituted ;

(5) in the entry at serial No. 56, in columns 3 and 4, for the words "Two paise" , the words " Four paise " shall be substituted ;

(6) after the entry at serial No. 71 , the following entry shall be inserted, namely

"72. Bamboo , whether whole or .

Eight paise in the rupee."

Eight paise in the rupee;

splitand articles made of bamboo.

(7) inthe entry at serial No. 94, in sub -entry ( ii) , in columns 3 and 4, for the words "Two paise " , the words " Four paise " shall be substituted;

(8) in the entry at serial No. 100 , for sub- entry ( ii ), the following sub-entry shall be substituted, namely : -

3 .

Twelve paise in the rupee .

Twelve paise in the rupee." " ( ii ) pickles , sauces , jams , jellies , ketch - up , pulps and preserved fruits .

(9) in the entry at serial No. 101 , in sub -entry ( ii) , in columns 3 and 4, for the words "Six paise " , the words " Eight paise " shall be substituted;

(10) in the entry at serial No. 128 , in sub - entry ( 6) , in columns 3 and 4, for the words "Twelve paise " , the words " Eight paise" shall be substituted;

(11) in the entry at serial No. 132, in column 2, for the words " with or without tobacco " , the words " without tobacco " shall be substituted;

(12) after the entry at serial No. 150, the following entry shall be inserted , namely

" 151A

Sim-cards .

Fourpaise in the rupee.

Fourpaise in the rupee. "

(13) in the entry at serial No. 179 , in columns 3 and 4, for the words "Twelve paise" , the words " Eight paise" shall be substituted;

(14) in the entry at serial No. 187 , in columns 3 and 4 , for the words "Four paise" , the words " Eight paise" shall be substituted;

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX REGISTERED NO . WONW Extra No. 20

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, AUGUST 31 ; 2001 /BHADRA 9 , 1923

VOL XLII ]

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August , 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 21 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the"Gujarat Government Gazette", on the 31st August , 2001 ) .

AN ACT

to authorise payment and appropriation ofcertain sums from and out ofthe Consolidated Fund ofthe State of Gujarat for the services of the financial year ending onthe thirty-first day ofMarch , 2002.

Itishereby enacted in the Fifty-second Year of the Republic of India as follows :-

Short title.

1. This Act may be called the Gujarat Appropriation Act, 2001 .

Withdrawal of Rs.1,75,20,78,47,000 Consolidated Fund of the State of Gujarat for the 2001-2002. from and out of the financialyear 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 ofthe Schedule hereto annexed amounting in the aggregate to the sum of seventeen thousand, five hundred twenty crores, seventy-eight lakhs , forty- seven thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2001-2002 in repect ofthe 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.

28-1

-Ex . 28-1

INDEX 28-2

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001-

[PART IV

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Chargedon the Consolidated Fund

Rs .

Rs.

Revenue 2,87,75,000

2,87,75,000 Agriculture and Co-operation Department

Agriculture

Revenue 3,77,52,87,000

3,77,52,87,000

Capital (-) 23,75,000

(-) 23,75,000

Revenue 28,83,77,000

28,83,77,000 Minor Irrigation, Soil Conservation andArea Development

Capital

18,06,000

Revenue 30,84,16,000

30,84,16,000 Animal Husbandry and Dairy Development

Capital

Co-operation

Revenue 21,98,10,000

21,98,10,000

Capital

3,80,49,000

Capital

1,64,89,000

1,64,89,000 Other expenditure pertaining to Agriculture and Co - operation Department

Education Department

Revenue 1,61,55,000

1,61,55,000

Education

Revenue 24,04,91,01,000 59,75,96,000 24,64,66,97,000

Capital

6,000

Revenue 3,09,80,000

3,09,80,000 Other expenditure pertaining to Education Department

Capital 57,48,24,000

57,48,24,000

Revenue

Energy and Petro-Chemicals ....

68,62,000

68,62,000 Department

11-

Revenue 3,59,40,000

3,59,40,000 Tax Collection Charges (Energy and Petro -Chemicals Department) ..

:: 12 Energy Projects

Revenue 8,56,60,57,000 1,16,67,000 -8,57,77,24,000

Capital (-) 5,37,50,000

(-) 5,37,50,000

Revenue

2,50,000

Capital 10,21,33,000

10,21,33,000 Other expenditure pertaining to Energy and Petro- Chemicals Department

INDEX PART IV ] GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 31-8-2001

Services and purposes No. of Vote/ Appro- priation

Finance Department

28-3

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

Rs.

Rs .

Revenue

3,74,79,000

Capital

4,37,000

Revenue

Tax Collection Charges (Finance Department)

36,23,07,000

Revenue

Treasury and Accounts Administration

23,74,90,000

Revenue

Pension and other Retirement Benefits

7,61,72,25,000

5,83,000 7,61,78,08,000

Revenue

Other expenditure pertaining to FinanceDepartment

1,86,94,92,000

Capital

1,61,66,000

58,000

1,62,24,000

Revenue

22,26,88,16,000 22,26,88,16,000

Capital

Repayment of debt pertaining to Finance Department and its servicing

32,71,24,00,000 32,71,24,00,000

Revenue

Food, Civil Supplies and ConsumerAffairs Department

Civil Supplies

3,74,91,000

Revenue

Food

79,76,75,000

Revenue 6,88,77,000

6,88,77,000

Capital

34,23,58,000 .

34,23,58,000

Capital

Other expenditure pertaining to Food, Civil Supplies and ConsumerAffairs Department

19,90,000

Revenue

Forests and Environment Department

Forests

1,11,56,000

Revenue 61,48,34,000

11,08,000 61,59,42,000

Capital

Environment

69,64,89,000

Revenue'

2,45,83,000

Capital

Other expenditure pertaining to Forests and Environment Department

INDEX

93,15,000

93,15,000 [PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

28-4

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro priation

3 .

Rs.

1,24,27,000

Revenue

Governor

2,16,59,000-

Revenue .

2,16,59,000

Council of Ministers

31,50,49,000

Revenue

Elections

2,27,22,000

1,55,34,000

71,88,000

Revenue

Public Service Commission

73,16,04,000

Revenue

General Administration Department -

6,26,96,000

Revenue

Economic Advice and Statistics

(-) 12,09,92,91,000 .

3,27,000

) 12,09,96,18,000

Revenue(-

18,29,71,03,000

Capital

Other expenditure pertaining to General Administration Department

5,24,77,000

5,51,000

5,19,26,000

Revenue

StateLegislature

6,84,000

Capital..

Loans and Advances to Government Servants in Gujarat Legislature Secretariat

2,45,68,000

Revenue

Health and Family Welfare Department

4,31,47,66,000

Revenue 4,31,47,66,000

Medical and Public Health

84,58,20,000

Revenue

FamilyWelfare

75,53,47,000-

75,53,47,000

40         Other expenditure pertainingto Revenue
                                                                                         2,60,18,000-
                                         Capital       2,60,18,000
           Health and Family Welfare.
           Department
                                          Revenue      2,44,06,000.                      2,44,06,000
41         HomeDepartment

4,38,09,09,000

Revenue

Police

14,48,65,000

Revenue

Jails

1,05,70,17,000

Revenue 1,05,70,17,000

Transport

2,74,17,000

Capital

INDEX 28-5

PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

Services and purposes No. of Vote/ Appro- priation

Sums not exceeding

Total

Voted

Charged on the Consolidated Fund

Rs .

Rs ..

Rs.

3,09,50,000 3,09,50,000

Revenue

State Excise

38,52,98,000

1,75,000

38,51,23,000

1,00,86,50,000

Revenue Capital

Other expenditure pertaining to HomeDepartment ..

2,91,57,000 2,91,57,000

Revenue

Industries and Mines Department 47

25,68,03,000

Revenue

Stationery and Printing

25,68,03,000

4,00,07,51,0004,00,0

4,00,07,51,000

Revenue

Industries

53,30,66,000

Capital

16,23,59,000 16,23,59,000

Revenue

Mines and Minerals

-58,15,79,000 58,15,79,000

Revenue

Tourism

Capital

2,44,50,000

Revenue

2,44,50,000

75,52,000

Capital

Other expenditure pertaining to Industries and Mines Department

42,60,000 42,60,000

Revenue

Information and Broadcasting Department

14,92,96,000

Revenue

54.

Information and Publicity 14,92,96,000

1,34,69,000 1,34,69,000

Revenue

23,57,000 23,57,000

Capital

Other expenditure pertaining to Information and Broadcasting Department

1,66,83,000

Revenue

Labour and Employment Department

1,66,83,000

64,59,56,000

10,000

64,59,46,000

Revenue

Labour and Employment

1,23,01,000

Capital 1,23,01,000

Other expenditure pertaining to Labour and Employment Department

1,30,01,000

-Revenue

Legal Department.

1,30,01,000

65,97,92,000

8,10,66,000

Revenue

--Administration of Justice 57,87,26,000

3,01,14,000

Revenue

3,01,14,000

1,01,92,000

Capital

Other expenditure pertaining to Legal Department

H-890-2

INDEX 28-6

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

[PART IV

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Rs.

Rs .

Revenue

1,08,66,000

1,08,66,000 Legislative and Parliamentary Affairs Department

Capital

3,86,000

3,86,000 Other expenditure pertaining to Legislative and Parliamentary Affairs Department

Revenue

3,09,17,000

3,09,17,000 Narmada,Water Resources and Water Supply Department

Narmada Development Scheme Capital 2,98,55,00,000

2,98,55,00,000

Irrigation and Soil Conservation Revenue 10,05,19,22,000

26,07,000 10,05,45,29,000

Capital 1,29,20,69,000 1,01,91,000 1,30,22,60,000

Water Supply

Revenue 72,43,49,000

72,43,49,000

Capital 73,53,50,000

.73,53,50,000

Revenue

29,000. 1,45,07,000

1,45,36,000 Other expenditure pertaining to Narmada, Water Resources and Water Supply Department

Capital

3,26,96,000

Revenue

1,77,33,000

1,77,33,000 Panchayats , Rural Housing and Rural Development Department

Revenue

Community Development

1,05,28,10,000

Revenue 1,90,75,19,000 93,50,57,000 2,84,25,76,000 Rural Housing and Rural Development

Capital (-) 3,57,50,000

(-) 3,57,50,000

Compensation and Assignments

52,66,75,000

Revenue

52,66,75,000

Revenue 35,73,39,000

35,73,39,000

Capital 12,71,00,000

12,71,00,000 Other expenditure pertaining to Panchayats , Rural Housing and Rural Development Department

Fisheries

Revenue 11,96,76,000

11,96,76,000

Capital

4,68,57,000

Revenue

48,43,000

48,43,000 OtherExpenditure pertaining to Ports and Fisheries Department Capital

16,71,000

Revenue Department

Revenue

6,47,60,000

INDEX PART IV]

28-7

GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

Services and purposes No. of Vote/ Appro- priation

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

Rs.

Rs .

Revenue

Tax Collection Charges (Revenue Department)

District Administration 32,96,17,000

32,96,17,000

Revenue

41,94,25,000

10,61,000 42,04,86,000

Revenue

Relief on account of Natural Calamities

Dangs District

1,79,00,00,000

Revenue

Compensation and Assignments 9,80,72,000

9,80,72,000

13,90,29,000

Revenue

18,66,000 14,08,95,000

Capital

1,17,000

1,75,000

2,92,000

Revenue

Other expenditure pertaining to Revenue Department

63,54,000

Capital

Roads and Building Department 4,03,02,000

4,03,02,000

Revenue

Non-Residential Buildings '2,52,60,000

2,52,60,000

Revenue 1,33,61,52,000

15,46,000 1,33,76,98,000

Capital

40,41,55,000

Revenue

Residential Buildings

46,68,99,000

2,13,000 46,71,12,000

3,34,79,000 .

Capital

Roads and Bridges

3,34,79,000

Revenue 3,13,54,34,000 58,06,000 3,14,12,40,000

Capital

1,69,39,65,000 .

18,51,000 1,69,58,16,000

Revenue

Gujarat Capital Construction Scheme

4,84,78,000

5,45,21,000

Capital

5,45,21,000

Revenue

Other expenditure pertaining to Roads and Building Department 8,34,68,000

54,74,000

8,89,42,000

1,51,33,000

Capital

1,51,33,000

Revenue

Social Justice and Empowerment Department

1,33,52,000

Revenue

Social Security and Welfare 1,32,19,90,000

58,33,000 1,32,78,23,000

Capital

Welfare of Scheduled Tribes 80,22,000

80,22,000

Revenue 31,58,73,000

31,58,73,000

Capital

1,25,83,000

45,80,000

Capital

Other expenditure pertaining to Social Justice and Empowerment Department

INDEX

45,80,000 [PART IV

GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

28-8

Sums texceeding

Total

Voted

Services andpurposes:

No. of Vote/ Appro- priation

Charged on the Consolidated Fund ::3

Rs .

1,17,78,37,000

Revenue 1,17,78,37,000

7,52,27,000

Capital

Special Component Plan for Scheduled Castes

3,59,30,44,000

2,71,000.

3,59,27,73,000

Revenue

Tribal Area Sub-Plan

-45,53,85,000

2,95,000

45,50,90,000

Capital

56,05,000

Revenue

Sports , Youth and Cultural Activities Department

18,61,68,000

Revenue 18,61,68,000

Youth Services and Cultural Activities

20,31,000

Capital.

Other expenditure pertaining to Sports , Youth and Cultural Activities Department

*98,02,000

Revenue

98,02,000

Urban Development and Urban Housing Department

26,10,99,000

28,62,32,000

(-) 2,51,33,000

Revenue

UrbanHousing

2,02,38,33,000

Revenue

100

Urban Development

(-) 2,43,83,000

Capital

65,52,02,000

Revenue

16,04,77,000

49,47,25,000

101 Compensation, Assignments and Tax Collection Charges.

50,83,000

Revenue

102

20,67,000

Capital

Other expenditure pertaining to UrbanDevelopment and Urban Housing Department

1,12,84,58,32,000

24,41,08,10,000

88,43,50,22,000

Revenue

Total :

- 62,36,20,15,000

32,72,49,70,000

29,63,70,45,000

Capital

1,75,20,78,47,000

57,13,57,80,000

Grand Total :

1,18,07,20,67,000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. - 29

सत्यमेवजयते

The Gujarat Government Gazette EXTRAORDINARY :

PUBLISHED BY AUTHORITY

VOL XLII ]

FRIDAY, AUGUST 31 , 2001 /BHADRA 9 , 1.923

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 31st August, 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 22 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st August, 2001 ).

AN ACT

to provide for the levy of a tax in the State of Gujarat on the entry of certain goods into a local area of the State from any place outside the State, but not outside the territory of the Union of India for consumption, use or sale therein and for the matters connected therewith or incidental thereto .

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

CHAPTER I

PRELIMINARY

1. (1 ) This Act may be called the Gujarat Tax on Entry of Specified Goods into Local Areas Act , 2001 .

Shorttitle, extent and commencement.

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

(3) It shall come in to force on the 1st September , 2001 .

29-1

IV-Ex. 29-1

INDEX 29-2

GUJAI AT GOVERNMENT GAZETTE, EX. , 31-8-2001

[PART IV Definitions.

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

( a) " Appellate Authority " means an Appellate Authority appointed under section 6 ;

(b) " Appellate Tribunal " means the Gujarat Sales Tax Tribunal constituted under section 28 of the Gujarat Sales Tax Act, 1969 ;

Guj . 1 of 1970.

( c) "Assessing Authority " means any officer appointed under section 5;

(d) " entryof specified goods into a local area" with all its grammatical variations and cognate expressions means entry of specified goods into a local area from any place outside the State but not being a place outside the territory of the Union of India , for consumption , use or sale therein ;

( e) " importer " means a person who brings any of the specified goods into a local area from any place outside the State but not being a place outside the territory of the Union of India, for consumption , use or sale therein;

(f) " local area " means ,-

Bom . LIX of 1949, (i) a citywithin the meaning of the Bombay Provincial Municipal Corporations Act, 1949;

Guj. 34of 1964.

(ii ) a municipal borough , transitional area, small urban area or a notified area within the meaning of the Gujarat Municipalities Act, 1963;

( iii) a village, within the meaning of the Gujarat Panchyats Act , 1993;

Guj . 18 of 1993.

II of1924.

(iv) a cantonment within the meaning of the Cantonment Act, 1924; ".

(g) "person " includes any company or association orbody of individuals, whether incorporated' or not , a society, a club or an institution and also a Hindu Undivided Family, a firm, a local authority , the Central Government or any StateGovernment ;

(h) "prescribed" means prescribed by rules;

( i ) "purchase value " means the value of the specified goods as ascertained from the original invoice and includes insurance , excise, duties , counter-vailing duties, sales tax, transport fee, octroi , freight charges and all other charges incidentally, levied on the purchase of the specified goods and in the case of the specified goods mentioned at serial number 1 of the Schedule also the value of accessories fitted therein: Provided that where purchase value of the specified goods is not ascertainable on account of non - availability or non - production of the original invoice, or when the invoice produced is proved to be false, or if the specified goods are acquired or obtained otherwise then by way of purchase, then the purchase value shall be the value or price at which the specified goods of the like kind or quality are sold or are capable of being sold. in open market in the local area:

(j ) " rules " means rules made under this Act ;

(k) " specified goods " means goods specified in column 2 of the Schedule;

( 1) " State " means the State of Gujarat;

(m) "tax " means the tax payable under this Act.

INDEX PART IV]

29-3 GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

CHAPTERII

INCIDENCE AND LEVY OF TAX

Incidence of tax.

3. ( 1 ) Subject to the other provisions of this Act, on and from the 1st day of September, 2001 , there shall be levied and collected on the entry of specified goods into a local area, a tax on the purchase value thereof at such rates as may be fixed by the State Government by notification in the Official Gazette, but not exceeding the maximum rates specified in column 4 of the Schedule; and different rates may be fixed for different specified goods, :

( 2) The tax shall be payable and paid by an importer in such manner and . within such time as may be prescribed...

Bom. LIX of 1949.

(3) The tax shall be in addition to the tax levied and collected as octroi by: amunicipal corporation of a city constituted under the Bombay Provincial Municipal Corporations Act, 1949 or any other local authority, as the case may be, within its local area.,

Reduction in tax liability.

4.1. ( 1 ) The amount of tax leviable under this Act shall , subject to such conditions as may be prescribed , be reduced to the extent of the amount of tax paid, if any, under the law relating to Sales Tax as may be in force in any other State or Union Territory by an importer who had purchased the specified goods in that State.

74 of1956.

(2) The amount of tax leviable under this. Act shall, subject to such conditions as may be prescribed, be reduced to the extent ofthe amount oftax paid, if any, under the Central Sales Tax, Act, 1956 on the purchase of the specified goods in the course of inter -State trade or commerce .

Guj . I of 1970. Bom. LXVI of1958.

(3)Where an importer of specified goods liable to pay tax- under this Act, being a dealer in the specified goods , becomes liable to pay tax under the Gujarat Sales Tax Act, 1969 or the Bombay Sales of Motor Spirit Taxation Act, 1958 by virtue of the sale of such specified goods , then his liability under theGujarat Sales TaxAct, 1969 or the Bombay" Sales ofMotor Spirit Taxation Act..1958 shall be reduced to the extent of tax paid under this Act...

CHAPTER III

TAX AUTHORITIES

Assessing Authorities .

:: 5. The State Government may, by notification in the Official Gazette , appoint such officers to be the Assessing Authorities for the purpose ofthisAct and may assign to them such local area or areas as may be specified in the. notification.

Appellate Authorities .

6. The State Government may, by notification in the Official Gazette, appoint such officers to be the Appellate Authorities for the purpose ofthisAct and may assign to them such local area or areas as may be specified in the notification

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

29-4

CHAPTER IV

RETURNS , ASSESSMENTS , PAYMENTS , RECOVERY AND REFUND OF TAX

Refurns.

7. ( 1 ) Every person liable to pay tax under this Act shall furnish returns in such form, for such period; by such dates , and to such authority as may be prescribed.

{ (2) If any person liable to pay tax under this Act , having furnished return under sub - section ( 1 ) discovers any ommission or incorrect statement therein , the may furnish a revised return before the expiry ofthree months from the last date prescribed for furnishing the original return .

Assessment ..

8.( l ) The amount of tax due from a person liable to pay tax under this Act shall be assessed separately for such period as may be prescribed

(2) If the Assessing Authority is satisfied that the return furnished by a person liable to pay tax under this Act is correct and complete , he shall assess the amount of tax due from the person on the basis of such return .

r.t

(3 ) If the Assessing Authority is not satisfied that the return furnished by a person liable to pay tax under this Act is correct and complete , and the Assessing Authority thinks it necessary to require the presence of the person or the production of further evidence , the Assessing Authority shall serve on the person in the prescribed manner a notice requiring him on a date and at a place specified therein , either to attend and produce or cause to be produced all evidence on which the person relies in support of his return , or to produce such evidence as is specified in the notice . On the date specified in the notice, or as soon as may be thereafter , the Assessing Authority shall , after considering all the evidence which may be produced, assess the amount of tax due from the person.

(4) If a person fails to comply with the requirements of any notice issued under sub - section (3 ) , the Assessing Authority shall determine the purchase value of the specified goods under the proviso to clause ( i ) of section 2 and assess to the best of his judgement, the amount of tax due from him.

(5) No order of assessment under sub -section (3) or (4) shall be made after the expiry of three years from the last date prescribed for furnishining of returns of the particular period . If for any reason , such order is not made within the period aforesaid, then the return so furnished shall be deemed to have been accepted as correct and complete for assessing the tax due from such person.

Reassessment .

9. If; after a person liable to pay tax under this Act has been assessed under section 8 for any period , the Assessing Authority has reason to believe that any purchase value or part thereofhas , in respect ofthat period, escaped assessment , or has been under assessed or assessed at a lower rate , then the Assessing Authority may , within five years from the date of the order of assessment of the partcular period , after giving the person a reasonable opportunity of being heard , reassess , to the best of his judgement , the tax due from him.

INDEX 29-5 GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

PART IV]

10. (1 ) The tax shall be paid in the manner hereinafter provided .

Payment of tax.

(2) Aperson liable to pay the tax , shall, before furnishing return as required by sub- section ( 1 ) of section7 , first pay into the Government treasury in the prescribed manner, the whole of the amount of tax due from him accordingto such return .

(3) If a person liable to pay the tax furnishes a revised return in accordance withsub -section (2) of section 7, and if such revised retrurn shows that the amount of tax is larger than the amount of tax already paid or payable , he shall firstpay into theGovernment treasury in the prescribed manner the additional amount of tax according to such revised return.

(4) The amount of-

(i) tax due where return has been furnished without full payment thereof, or

(ii) difference in the tax assessed under section 8 or reassessed under section 9 for any period and the sum already paid by the person in respect of such period, and

(iii ) penalty ( if any ) levied under section 17

shall be paid by the person into the Government treasury by such date asmay be specified in the notice issued by the Assessing Authority for this purpose, being a date not earlier than thirty days from the date of service of the notice .

(5)Any tax or penalty which remains unpaid after the date specified inthe notice for payment, shall be recoverable as an arrear of land revenue , and for that purpose all the Assessing Authorities shall have and exercise all the powers of a Collector under the provisions of the Bombay Land Revenue Code, 1879 . :

Bom, V of 1879.

Refund of tax.

11. The Assessing Authority shall, on an application made in such form and within such period as may be prescribed, refund to a person the amount of tax and penalty , if any, paid by such person in excess of the amount due from him. The refund may be either by cash payment , or at the option of such person , bydeduction of such excess from the amount of tax and penalty , if any due from such person in respect of any other period:

Provided that the Assessing Authority shall first apply such excess towards the recovery of any amount due in respect of which a notice under sub- section (4) of section 10 has been issued , and shall then refund the balance, if any, in such manner as may be prescribed.

Exemptions .

59 of 1988 .

12. (1 ) No tax shall be levied and collected in respect of motor vehicles mentioned at serial number1 in the Schedule if such motor vehicles are registered in any other, State or Union Territory of India under the Motor Vehicles Act, 1988 for a period exceeding fifteen months before their entry into a local area of the State .

H-891-2

INDEX 29-6

GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

[PART IV

(2) Subject to such conditions as it may impose , the State Government may, if it is necessary so to do in public interest, by notification in the Official Gazette, exempt any class of importers from payment of the whole or any part of the tax payable under this Act .

CHAPTER V

APPEAL

Appeal .

13.(1) An appeal from every original order under this Act or the rules made thereunder shall lie to the Appellate Authority appointed under section 6.

(2) In the case of an order passed in appeal by the Appellate Authority , a second appeal shall lie to the Appellate Tribunal .

(3 ) No appeal shall be entertained by the Appellate Authority or the Appellate Tribunal unless it is filed within thirty days from the date of receipt of the order , appealed against by the assessee and unless the entire amount of taxand penalty , if any , has been credited by the assessee in the Government treasury:

Provided that an Appellate Authority or the Appellate Tribunal may , if it thinks fit , for reasons to be recorded in writing , entertain an appeal against such order .

(a) without payment of tax with penalty (if any ) or , as the case may be, ofthe penalty, or

(b) on proof of payment of such smaller sum as it may consider reasonable , or

(c) on the appellant furnishing in prescribed manner , security for such amount as the Appellate Authority or as the case may be , the Appellate Tribunal may direct .

(4) Subject to such rules of procedure as may be prescribed , every Appellate Authority or as the case may be , the Appellate Tribunal shall have the following powers , namely:--

(a) in an appeal against an order of assessment , it may confirm , reduce , enhance or annul the assessment ; or it may set aside the assessment and refer the case back to the Assessing Authority for making a fresh assessment in accordance with the direction given by it and , after making such further inquiry as may be necessary , the Assessing Authority shall thereupon proceed to make such fresh assessment and determine , where necessary, the amount of tax payable on the basis of such fresh assessment ; and

(b) in any other case , the Appellate Authority or the Appellate Tribunal , as the case may be , may pass such orders on appeal as it deems justandproper.

INDEX 29-7 PART IV] GUJARAT GOVERNMENT GAZETTE, EX. , 31-8-2001

36of1963

14. In computing the period laid down under section 13 , the provisions of sections 4 and 12 of the Limitation Act, 1963 shall , so far as may be, apply.

Application of sections 4 and 12 of Limitation Act.

Extension of periodof limitation in certain cases .

15. An Appellate Authority and the Appellate Tribunal may admit any appeal under section 13 after the period of limitation laid down in the said section , if the appellant satisfies the Appellate Authority or the Appellate Tribunal , as the case may be , that he had sufficient cause for not preferring the appeal within such period.

Transfer to defraud revenue void.

16. Where, any person , after the tax has become due from him under this Act, creates a charge on, or parts with the possession by way of sale , mortgage , exchange or any other mode of transfer whatsoever of any of his property in favour of any other person with the intention of defrauding the Government revenue , such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the person under this Act:

Provided that such charge or transfer shall not be void if made for valuable consideration and without notice of any proceeding under this Act .

CHAPTER VI

PENALTY

Penalty.

17. ( 1 ) If any person liable to pay tax under this Act fails to comply with any of the provisions of this Act , then the Assessing Authority may , after giving such person a resonable opportunity of being heard, by order in writing, impose on him , in addition to any tax payable, a sum by way of penalty not exceeding twice the amount of tax .

(2) Ifthe person does not, without reasonable cause, pay the tax within the time , he is required by or under the provisions of this Act, to pay it, the Assessing Authority may , after giving such person a reasonable opportunity of being heard, by order in writing , impose upon him by way of penalty, in addition to the amount of tax and penalty under sub- section ( 1 ), a sum of equal to eighteen per cent . per annum for the period during the time the person continues to make default in the payment of tax.

(3) If any person commits breach of any rule punishable with penalty, the Assessing Authority may , after giving such person a reasonable opportunity of being heard, by order in writing impose upon him a sum by way of penalty not exceeding the sum of penalty specified in the rule.

CHAPTER VII

MISCELLANEOUS

XLV of1860 .

18.All officers and servants appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Officers and servants to bepublic servant.

INDEX 29-8

[PART IV GUJARAT GOVENMENT GAZETTE , EX. , 31-8-2001

19. No suit , prosecution or other legal proceedings shall lie against the Government , or any public servant for anything which is in good faith done. or purported to be done under this Act .

Protection of action taken in good faith .

Power to make rules,

20.(1 ) The State Government may, by notification in the Official Gazette , and subject to the condition of previous publication , make rules for carrying out the purposes of this Act:

Provided that if the State Government is satisfied that the circumstances exist which render it necessary for it to take immediate action , it may dispense with the previous publication of any rule to be made under thissection .

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

(a) the duties and powers of officers appointed for the purpose of enforcing the provisions of this Act ;

(b) all matters expressly required or allowed by this Act to be prescribed;

(d) any other matter including levy of fees for which there is no provision or no sufficient provision in this Act and for which provision is , inthe opinion of the State Government, necessary for giving effect to the purposes of this. Act ;,

(e) the procedure for any other matters (including fees ) incidental to the disposal of appeal , and the value of court-fee stamp which a memorandum of appeal should bear;

(f) the person who may appear or attend before any authority in connection with any proceedings under the Act, including , his qualifications , the conditions subject to which the person shall be entitled to appear and attend and the form of authorisation authorising such person to attend .

(3 ) In making any rules under this section , the State Government may direct that the breach thereof shall be punishable with penalty not exceeding two thousand rupees and when the breach is a continuing one , with a daily penalty not exceeding one hundred rupees during the continuarice of the breach...

(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and 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 .

INDEX 29-9 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 31-8-2001

SCHEDULE

(See section 2( k) and section 3 (1)): 1

PART I

Sr. No. Specified goods Entry in Schedule II , Maximum rate of tax

PartA of the Gujarat Sales Tax Act , 1969 .

1 .

128( 1)

Twelve per cent.

Motor Vehicles including Motor cars , motor taxi - cabs , motoettes , motor omnibuses , motor vans , motor lorries.

128(2)

Twelve per cent .

Motor cycles , motorcycle combinations , motor scooters , mopeds.

Chassis of motor vehicles

128(4)

Twelve per cent .

128(5)

Twelve per cent .

Body which is built on chassis ofmotor vehicles .

Cement

Fifteen per cent.

3. Marbles or granite ( raw or polished) 124

Twelve per cent .

Kota stones

163(1 )

Sixper cent .

Naphtha

Sixteen per cent.

6 .

LightDiesel Oil

Eight per cent.

PART II

The Bombay Sales of Motor Spirit Taxation Act, 1958 .

Sr. No.

Maximum rate of tax

Specified goods

7. High Speed Diesel Oil .

Eighteen per cent . and Additional tax at the rate of Twenty per cent of the amount of tax .

Explanation.-For the purposes of this Schedule . -

(1) Where sales of any of the specified goods at Sr. No. 1 to 6 of the Schedule is. by notification under sub- section (2 ) of section 49 of the Gujarat Sales Tax Act, 1969 exempt from whole or any part of the tax payable under that Act ..

Guj. 1 of 1970.

Bom . LXVI of1958 .

(2) the maximum rate of tax for such goods shall be reduced by such exemption . Where sales of the specified goods at Sr. No. 7 of the Schedule is , by notification under section 35 of the Bombay Sales of Motor Spirit Taxation Act. 1958, exempt from whole or any part of the tax payable under that Act,

the maximum rate of tax for such goods shall be reduced by such exemption .

H-891-3

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 30

REGISTERED NO . G/ GNR:2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

SATURDAY, SEPTEMBER 1 , 2001 /BHADRA 10, 1923

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

PART IV

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

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 1st September, 2001 is hereby published for general information ..

V. M. KOTHARE ,

Secretary to the Government of Gujarat,

Legislative and Parliamentary Affairs Department.

GUJARAT ACT NO . 23 OF 2001 .

(Firstpublished, after having received the assent of the Governor in the " Gujarat Government Gazette " , on the 1st September,2001) .

AN ACT

to regularise unauthorised development in urban development area or development area in the State.

It ishereby enacted in the Fifty - second Year ofthe Republic of India asfollows: --

1. (1) ThisAct may be called the Gujarat Regularisation of Unauthorised Development Act, 2001 .

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 22nd November, 2000 .

Definitions .

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

(a) "area development authority " means the authority constituted under section 5 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter in this section referred to as " the Gujarat Act") :

President's ActNo. 27 of 1976.

30-1

IV -Ex. 30-1

INDEX 30-2

GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

[PART IV

(b) "Commissioner " shall have the meaning assigned to it in clause (9) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 ( hereinafter in this section referred to as "the Bombay Act ") ;

Bom. LIX of 1949.

(c) "designated authority " means the Commissioner, the area development authority or , as the case may be, urban development authority;

(d) " development " shall have the meaning assigned to it in clause (viii) of section 2 of the Gujarat Act;

(e) "development area " shall have the meaning assigned to it in clause (ix) of section 2 of the Gujarat Act ;

(f) "prescribed" means prescribed by rules made under section 9 ;

(g) " the relevant law " means the Bombay Act or the Gujarat Act or any rules or bye- laws , regulations, standing orders or orders made thereunder;

(h) "urban development authority " shall have the meaning assigned to it in clause (xxviii) of section 2 of the Gujarat Act.

(2)Development shall be deemed to be unauthorised if no permission of authority competent to give such permission is obtained therefor, or having obtained such permission, the development is in contravention of the relevant law or of such permission.

of Regularisation unauthorised development.

3. ( 1 ) ( a) A notice issued to a person under the relevant law at any time before the 22nd November, 2000 requiring such person to remove or pull down or alter unauthorised development carried out, owned or occupied by him; or

Guj . Ord. 3 of 2001.

(b) any order issued or decision taken under the relevant law at any time before the 28th April , 2001, the date on which the Gujarat Regularisation ofUnauthorised Development Ordinance, 2001 was first published, directing removal or pulling down or alteration of unauthorised development carried out, owned or occupied by a person ,

shall-

( i) in the case of (a ) be deemed to have stood suspended with effect on and from the 22nd November, 2000, and

(ii ) in the case of ( b) be deemed to have stood suspended with effect on and from the 28th April , 2001.

unless and until such notice, order or decision stands revived undersub -section(5).

INDEX PART IV] GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

30-3

(2) (a) Notwithstanding anything contained in the relevant law or in the order issued or the decision taken under the relevant law , directing removal , pulling down or alteration of unauthorised development, where in the opinion ofthe designated authority-

(i) aperson has , at any time before the 22nd November, 2000 carried out any unauthorised development in urban development area or development area, and

(ii) such unauthorised development may, having regard to the provisions of section 4, be regularised,

;

thedesignated authority may, within such period and in such manner as maybe prescribed, serve on the personnaa notice requiring him withinsuch period not being less than a month as may be specified thereinto comply with such requisitions nade under section 4 and specified therein and to pay to the designated authority such fees per square metre ofeach category of unauthorised development as may, subject to the provisos, be determined by the designated authority and specified therein:

Provided that the designated authority shall fix fees , subject to the maxima and the minima specified in the Table below:

Provided furtherthat different rates of fees may be determined by the designated authority for different categories of unauthorised development in different areas and for different unauthorised uses.

(b) It shall be lawful for the designate & authority to form the opinion referred to in clause (a ) either on the basis of infomation available with it or an application made to it by a person who has caried out or who owns or occupies the unauthorised development.

(c) Thedesignated authority, shall, as soon as ray be, after service of notice to a person under clause ( a) , cause the subsance thereof to be published for the information of the public, in such manner as may be prescribed.

INDEX 30-4

GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

[PART IV

TABLE OF FEES

Category of unauthorised

development

Maximum and minimum fees per squaremetre .

A. For uses other than commercial.

1.Margin and set -backs Not more than Rs . 1200 and not less thanRs.600

2.Floor Space Index

Not more than Rs.2000 and not less thanRs.700

3. Covered projection

Notmore than Rs . 1100 and not less than Rs.400

4.Change ofuse

Not more than Rs . 1100 and not less than Rs.400

Notmore than Rs . 1100 and not less thanRs.400

5. Common plot and consolidated open plot .

6.Height ofbuilding

Not more than Rs . 1200 and not less thanRs.600

B. For commercial use: (i) Two times of the fees specified for use mentioned in clause A for ground floor and first floor,

(ii) One andhalf times of the fees specified for use mentioned in clause A for floors other than those specified initem(i).

C. In land measuring not exceeding one hundred squaremetres .

Fiftyper cent . ofthe fees specified foruse mentioned in clause A or as the case may be clauseB.

Explanation : For the purpose of this table, where development oftenements or of flats or ofboth the tenements and flats has taken place on common land the area ofwhich exceeds one hundred square meters , each owner or occupier of such tenements , flats or , as the case may be , both of tenements and flats , shall bedeemedto have held such area of land as is derived by dividing the commonland by the total number of Tenements , flats or as the case may be both the tenements and flats developed on such common land.

(3) ( a) Subject to the provisions of clause(b ) , upon the compliance of requisitions made under section 4 and specified in the notice, to the satisfaction ofthe designated authority and on the payment of fees under sub -section(2), such development shall cease to be unauthorised and a certificate to that effect shall be issued to the person by the designated authority in such form as may beprescribed.

(b) ( i) The designated authority shall, before receiving the fees and issuing of the certificate under clause(a ) , consult a committee of experts consisting ofthree persons , who have knowledge of and experience in structural engineering, fire fighting and town planning respectively, constitutedby the designated authority, on the question as to whether the person has , while

INDEX 30-5 PART IV] GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 1-9-2001

complyingthe requisitions complied with the fire safety measures and structural stability requirements as per the National Building Code and the Indian Standard Specifications for the time being in force and it shall be the duty of the committee to advise the designated authority on the question so referred.

(ii) The.Committee shall follow such procedure for disposal of its business as may be determined by the designated authority.

(4) An amountdeposited by a person with the municipal corporation of a city, the area development authority or, as the case may be , the urban area development authority against unauthorised development, shall be set off against the fees to be paid by him under sub -section (2) .

(5) Where no notice is served upon a person under sub - section ( 2) within the period prescribed under that sub - section or where a notice is served upon a person under sub - section (2) but a certificate is not obtained. by him under sub - section (3) within such period as may be prescribed, the notice , order or , as the case may be , decision referred to in sub - section ( 1) shall stand revived.

4. (1) An unauthorised development shall not be regularised under sub - section (2) of section 3 in the case where unauthorised development is carried out on any of the following lands , namely:--

Circumstances inwhich unauthorised development regularised. may or may notbe (i) land belonging to Government, local authority or statutorybody or land in respect ofwhich a dispute exists in relation to its title or tenure,

(ii) land allotted by the Government , local authority or statutory body for a specific purpose ,

(ⅲ) landunder alignment of roads indicated in development plan or a town planning scherme or under alignment of a public road or an internal road, of approved lay out ,

(iv) landdesignated or reserved under a development plan or a townplanning scheme,

(v) water courses and water bodies like tank beds , river beds , natural drainage and such other places ,

(vi) areas earmarked for the purpose of obnoxious and hazardous industrial development.

(2) Unauthorised development may not be regularised if it is inconsistent with-

Bom. LIX of1949. President's Act No. 27 of1976.

(a) any law other than the Bombay Provincial Municipal Corporations Act, 1949 and theGujarat Town Planning and Urban Development Act, 1976 and any rules , bye-laws , regulations , standing orders or orders made thereunder (hereinafter in clause (b) referred to as "the relevant laws" ) for the time being in force relating to control or regulation of development,

(b) fire safety measures under the relevant law, and

(c) structural stability requirements as per the National Building Code and the Indian Standard Specifications (prescribed by the Bureau of Indian Standards) for the time being in force:

IV-Ex. 30-2

INDEX 30-6

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

Provided that a certificate from the structural engineer authorised by thedesignated authority certifying.compliance of provisions of clause ( c ) is obtained and submitted to that authority.

(3 ) ( a) The designated authority may regularise any unauthorised development in respect of the following matters , namely:

(1) Margins and setbacks ,

(ii) Floor space index ,

(iii) Coveredprojection ,

(iv) Change ofuse ,

(v) Acommon plot and a consolidated open plot ,

(vi) Height of a building:

(b) The designated authority may regularise any unauthorised development in so far as parking and sanitary facilities are concerned subject to the following conditions , namely:

(i) Aperson shall provide such necessary parking facilities in unauthorised development and where it is not so feasible, withinsuch distance not exceeding five hundred metres from the unauthorised development as directed by the designated. authority within a period of six months from such direction:

Provided that the designated authority may permit provision of parking facilities at a common place by more than oneperson.

(ii )Aperson shall provide such necessary sanitary facilities in unauthorised development as directed by the designated authority within a period of three months from such direction.

(4) Notwithstariding anything contained in clause (b) of sub - section (2) , the designated authority may for the purpose of regularisation ,direct making ofprovisions in the unauthorised development as follows , namely:-

(a) In the case of buildings with 100 per cent . built -up area with no space for water storage tank and installation of fire pumps and no provision ofalternate means of escape or no provision for fixed fire - fighting installations , the designated authority may, in consultation with the Chief Fire Officer ofthe municipal corporation , direct the person to provide such fire safety measures as may be specified in the direction within a period of three months from the date of such direction..

(b ) In the case of buildings where no space is available within the complex in which they are situated for the construction of underground water storage tanks and installation of fire pumps but adequate means of escapes are available, the designated authority may direct the person to provide common underground water storage tank and fire pumps in such complex at suitable location within a period of three months from the date of direction .

INDEX 30-7 PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

(c) In the case ofhigh - rise buildings having height of fifteen metres or exceeding fifteen metres , the designated authority may permit a person to install diesel -generating set instead of electric supply to the main fire pump within aperiodof three months.

Appeal.

5. ( 1 ) Any person aggrieved by the notice served upon him or notice published under sub - section (2 ) of section 3 may, within sixty days from the date ofthe receipt or, as the case may be , the publication ofthe notice, prefer an appeal to an Appellate Officer, who shall be a person who has held the office of District Judge for a period not less than three years and appointed in this behalf by the State Government for each City or development area:

Provided that the Appellate Officer may entertain the appeal after the expiry ofthe said period of sixty days if he is satisfied that the appellant was preventedby sufficient cause from filing the appeal in time.

(2) Onreceipt of an appeal under sub - section (1 ) , the Appellate Officermay, after giving the appellant an opportunity of being heard , pass an ordermodifying or cancelling the notice as expeditiously as possible.

(3) The decision of the Appellate Officer under sub - section (2) shall be final and shall not be questioned in any court of law:

Providedthat where in the opinion of the Appellate Officer deposit of the amount by the appellant is likely to cause undue hardship to him, the AppellateOfficer may in his discretion unconditionally or subject to such conditions as he may think fit to impose, dispense with a part of the amount deposited so however that the part of amount so dispensed with shall not exceed fiftyper cent . of the amount deposited or required to be deposited.

(5) TheAppellate Officer shall receive from the Municipal Fund oftheMunicipal Corporation of the City or, as the case may be , the Fund of the areadevelopment authority or the urban development authority, such monthly salary and allowances as the State Government may, from time to time after consultation with the Corporation of the City or, as the case may be , the authority of the development area for which he is appointed, determine .

Bom . LIX of 1949.

Explanation.- For the purposes of this section , the expression "City " shall have the meaning assigned to it in clause (8) of section 2 of the Bombay Provincial Municipal Corporations Act, 1949 .

Constitution

Infrastructure Development Fund.

6. Subject tothe rules made under this Act, all fees received under this. Act shall be credited to a fund which shall be called the Infrastructure of Development Fund and which shall be held by the designated authority in trust for the purpose of augmentation, improvement or creation of an infrastructure facility.

INDEX 30-8

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

7 . (1 )No suit, prosecution or other legal proceedings shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

Protection of action taken under the Act.

(2) No suit or other legal proceedings shall lie against the State Government or any officer or authority for any damage caused or likely to be causedby anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. :

Removal of doubt.

8 . It is hereby clarified that regularisation of unauthorised development under this Act shall be without prejudice to any civil or the criminal liability to which a person may be subject to under any law.

Power to make rules .

9. ( 1 ) The StateGovernment may , by notification in the Official Gazette , and subject to condition of previous publication , make rules for carrying out the purposes of this Act:

Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action , it may dispense with the previous publication of any rule to be made under this Act .

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

(a) the period within which and the manner in which a notice shall be served under sub - section ( 2) of section 3 and the manner of publication of substance of notice under clause ( c) of that sub-section ;

(b) the form in which a certificate shall be issued under sub -section(3) of section 3 ;

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

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

Repeal and savings.

Guj . Ord . 3 of2001 .

10. (1 ) The Gujarat Regularisation of Unauthorised Development Ordinance , 2001 is hereby repealed.

(2) Notwithstanding such repeal , anything done or any action taken under the saidOrdinance , shall , in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under this Act .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 31

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

SATURDAY, SEPTEMBER 1 , 2001 /BHADRA 10, 1923

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

PART - IV

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

Thefollowing Act of the Gujarat Legislature , having been assented to. by the Governor on the 1st September , 2001 is hereby published for general information .

2 . V. M. KOTHARE,

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

GUJARAT ACT NO . 24 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the"Gujarat Government Gazette " , on the 1st September , 2001 ) .

AN ACT

to repeal the Gujarat Legislative Assembly Members ' Pension Act, 1984 .

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

1. (1) This Act may be called the Gujarat Legislative Assembly Members ' Pension (Repeal ) Act, 2001 .

She title and commence- ment.

(2) It shall be deemed to have come into force on the 8th August , 1989 .

IV -Ex. 31-1

31-1

INDEX 31-2

[PART IV

GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

(1)

Guj . 18of 1989.

Repeal and 2. savings.

The Gujarat Legislative Assembly Members ' Pension Act, 1984 shall stand repealed.

(2) The repeal of the said Act shall not affect any payment already made by the State Government under the said Act in pursuance of any direction , judgement or order of the court.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR .

INDEX Extra No. 32

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

SATURDAY, SEPTEMBER 1, 2001 /BHADRA 10, 1923

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

PART- IV

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

The following Act of the Gujarat Legislature , having been assented. to by the Governor on the 1st September, 2001 is hereby published for ge eral information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 25 OF 2001 .

(Firstpublished , after having received the assent of the Governor in the"Gujarat Government Gazette ", on the 1st September , 2001 ) .

AN ACT

to provide for the promotion and development of public libraries in the State ofGujarat and for that purpose to constitute State Library Development Council andfor the matters connected therewith or incidental thereto .

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

CHAPTER I

PRELIMINARY

1. ( 1 ) This Act may be called the Gujarat Public Libraries Act , 2001 . 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) "Book" includes ,-

(i) every volume, part or division of a volume and pamphlet in any language;

32-1

INDEX

IV-Ex. 32-1 32-2

[PART GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

( ii ) manuscript in any form;

(iii) every sheet of music , map, graph, chart or plan separately printed or lithographed ; 2.

(iv) newspapers , periodicals , paintings , posters , photographs , photographic reproduction, gramophonic records , audio- video tapes, floppy, compact discs , slides , microfilms and film scripts for audio visual information and such other materials ;

(v) computer output in any form and computer programmes ;

(b) "Book deposit center " means a center where books are deposited and members of the public can borrow ;

(d) " Council " means the Gujarat State Library Development Council constituted under section 3 ;

(e) "Director" means the Director of Public Libraries ;

(f) "District" means a revenue district ;

Guj . 18 of 1993 (g) " Education Committee " means an Education Committee of a district panchayat constituted under clause ( iii) of sub - section ( 1 ) of section 145 of the Gujarat Panchayats Act, 1993;

(h) " Extension service " means and includes the activities pertaining to preservation and promotion of cultural heritage and encouraging the intellectual , literary and scientific character of the community;

( i) " Library " means and includes collection of books , book deposit center or book service center providing library service or extension service ;

(j ) "Library service" means and includes providing reading facilities , lending out Books to the members of the library and assisting the readers to procure book and relevant information ;

(k) "Members of the library " means registered members of the library;

(1) "Local Authority " means a municipal corporation, a municipality, apanchayat, including, notified area and cantonment constituted under the relevant local authority law;

(m) "Municipal School Board " means a Municipal School Board as defined in clause ( ii ) of sub - section ( ii) of section 2 of the Bombay Primary Education Act, 1947;

Bom . 61 of 1947

Guj . 34 of 1964 (n) "Municipality " includes the person or committee appointed under clause (c) of sub -section( 1 ) of section 264B of the Gujarat Municipalities

Act, 1963 for any notified area;

(o) " prescribed " means prescribed by rules ;

(p ) "President " means the President of the Council ;

(q) "Public library " means ;

(i ) a library, within the public library system of the State.

(ii) a library recognised by the Director under section 20;

INDEX PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

32-3

( iii ) any other library which the State Government may, by notification in the Official Gazette, declare to be a public library for the purposes of this Act;

(r) "Public library system" means a set up of public libraries in the State with the State Central Library at the apex and village libraries at the bottom;

(s) "Public library association " means a public library association recognised under section 21 ;

(t) "Relevant local Authority law" means,

Bem. LIX of 1949.

(i) in relation to a municipal corporation; the Bombay Provincial Municipal Corporations Act , 1949 ;

Guj . 34 of 1964 .

( ii) in relation to a Municipality, the Gujarat MunicipalitiesAct , 1963;

Guj. 18 of 1993.

(iii) in relation to a district panchayat, the Gujarat Panchayats Act, 1993 ; .:

2 of1924.

(iv) in relation to a cantonment , the Cantonment Act, 1924.

(u) "rules" or " regulations " means the rules or regulatioris made under thisAct;

(v) "State" means the State of Gujarat ;

(w) "taluka" means the revenue taluka ;

(x) "year" means the financial year.

CHAPTER II

STATE LIBRARY DEVELOPMENT COUNCIL

Constitution of State Library Development Council.

3. (1) As soon as may be after the commencement of this Act, the State Government shall , by notification in the Official Gazette, constitute for the purposes of this Act, a Council to be called the Gujarat State Library Development Council with effect from such date as may be specified in the notification.

(2) The Council shall consist of the following members, namely: -

(i) The Minister - in-charge of Libraries , Gujarat State, who shall be the ex- officio president of the council ;

( ii ) The Secretary to the Government of Gujarat, in charge of Libraries;

(iii) Two members to be nominated by the Gujarat Legislative Assembly from amongst its members ;

(iv) Two members to be nominated by the State Government from amongst the Chairpersons of all the District Education Committees ;

(v) One member to be nominated by the State Government from amongst the Chairpersons of all Municipal School Boards;

(vi) One representative of public library associations to be nominated by the State Government ;

XXI of 1860.

BomXXIX of

(vii) Three representatives from public libraries run by voluntary agencies registered under the Societies Registration Act, 1860, or under the Bombay Public Trusts Act , 1950 or under INDEX [PART IV 32-4

GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

GujaratCo-operative Societies Act , 1961 , to be elected from amongst Guj . X of 1962. themselves in such manner as may be presented;

(viii) Two persons from amongst renowned educationists having atleast ten years experience in the field of higher education to be nominated by the State Government ;

(ix) Two persons to be nominated by the State Government, each one from amongst persons having special knowledge and experience in library services and library and information science respectively ;

(x) Officer- in -charge of the State Central Library ;

(xi ) The Chairperson of Gujarat Sahitya Academy;

(xii) The Chairperson of Gujarati Sahitya Parishad ;

(xiii) One representative to be nominated by the State Government from amongst the registered public trusts mainly carrying out the activities of the publication of books ;

(xiv) One person to be co - opted by the Council .

(xv) The Director of Public Libraries , who shall be the Secretary ofthe Council .

(3) The State Government shall appoint one of the members to be the Vice- President of the Council .

(4) The powers , duties and functions of the President of the Council shall be such as may be prescribed .

Head quarters of the Council .

4. The Head quarters of the Council shall be at Gandhinagar or at such other place as the State Government may, by notification in the Official Gazette, specify.

5. The powers and functions of the Council shallbe as follows , namely: -

Powers and functions of Council.

(i) to advise the State Government on a reference made to it or on its own motion, in regard to all matters connected with the administration of this Act and the rules ;

(ii ) to approve the expenditure out of the State Library Development Fund in accordance with the rules;

(iii) to direct the measures to be taken for promotion of use of books and to cultivate the reading habits among the community ;

(iv) to consider the annual report on the working, administration and progress of public libraries prepared under section 24 and to make suggestions and recommendations thereon ;

(v) to review from time to time, based upon the reports and inspections made under sections: 22 and 23 respectively, the working and administration of all public.libraries and public library associations and to suggest such ways and means to remove difficulties in becoming more useful and effective instruments of public education and library service ;

(vi) to make recommendations to the State Government às regards the measures to be taken for the improvement of the administration of public libraries ;

(vii) to suggest the norms and standards of performance as criteria for eligibility for the purpose of grant - in- aid or other financial assistance to

INDEX 32-

AZETTE, EX , 1-9-200

PART IV] GUJARAT GOVERNM

public libraries and public library associations ;

(viii ) to suggest the formula for fixing the quantum ofgrant - in - aid ;

(ix) to advise the State Government with regard to the objects and purposes for financial assistance other than grant- in- aid and the terms and conditions to be fulfilled for such assistance;

(x) to make suggestions and recommendations for annual development plan for libraries ;

(xi ) to organise and conduct library seminars , meetings and . conferences;

(xii )to prepare consoliated programme in the sphere of library service in accordance with the guidelines issued by the State Government from time to time ;

(xiii) to suggest for organisation and promotion of efficient library service in the State;

(xiv) to suggest for raising finances and for promotion of library service ;

(xv)toprepare long term and short term plans for improving the library service in the State ;

(xvi ) to exercise such powers , and to perform such functions , as are conferred on , or entrusted to it by or under this Act or the rules made thereunder.

Term of office ofmembers .

6. ( 1 ) Every member of the Council shall hold office during the pleasure of the State Government

(2) When a member ceases to hold the post by virtue of which he was so nominated or elected , he shall cease to be a member of the Council .

Filling up of vacancy.

7. Any vacancy arises in the office of a nominated or elected member of the Council on account of death , resignation or otherwise , the same shall be filled up , as soon as possible , by nomination or election , as the case may be .

Meetings of Council .

8. ( 1 ) The Council shall meet on such dates , at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum of such meeting ) as may be provided by regulations: 1

Provided that the Council shall meet atleast twice in a year but six months shall not intervene between two successive meetings .

(2) The President of the Council may, whenever he thinks fit call a meeting of the Council ; and shall, upon written request of not less than one-third of the total numbers of members of the Council , call a special meeting of the Council on a date not later than thirty days after the receipt of such request :

Provided that no special meeting shall be demanded within a period of two months from the date of last meeting of the Council .

IV - EX. 32-2

INDEX [ PART IV 32-6

GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

(3 ) The President or in his absence , Vice- President or in absence of both, any member chosen by the members present from among themselves shall presidė over a meeting of the Council .

Constitution of Committees.

9. The Council may constitute such committees consisting of such number of members for performing such functions , as may be provided by regulations .

10. For the performance of their duties under this Act , the members of the Council or its committee shall be paid such allowances , at such rates as may be prescribed .

Payment of allowances to members of Council .

CHAPTER II

DIRECTOR OF PUBLIC LIBRARIES

11. For the purposes of this Act, the existing Director of Libraries shall be the Director of Public Libraries .

Director of Public Libraries.

Functions of Director.

12. ( 1 ) Subject to superintendence , direction and control of the State Government , the Director shall be responsible for the administration of this Act ,

(2) In particular and without prejudice to the generality of the provision contained in sub- section ( 1 ) , the Director shall perform the following duties and functions , namely : -

(a) supervise all matters relating to public libraries ;

(b) promote the establishment and development of public libraries ;

(c) be responsible for planning , maintenance , promotion and development ofpublic libraries , organisation of public library system ;

(d) recognise any institution or service conducting the training courses in library service and library and information science , and organise programmes for training of the staff of public libraries and other persons ;

(e) maintain a register of recognised libraries and publish names and addresses of such libraries ;

(f) administer and maintain accounts of the State Library Development Fund and ensure its proper utilisation ;

(g) arrange for collecting and preserving old and rare books , manuscripts and other documents of educative value in public libraries ;

(h) conduct inspection of and render advisory service to the public libraries and public library associations ;

(i) to implement recommendations of the Council as have been approved by the Government ;

(j ) administer the schemes and rules and regulations for grant- in- aid and other financíal assistance to public libraries , public library associations and recognised training institutions and sanction and disburse such amount in accordance with the scheme , rules and guidelines made in this behalf, fro time to time ;

INDEX 32-7 PART IV] GUJARAT GOVERNMENT GAZETIE , EX. , 1-9-2001

(k) prepare and submit report as required under section 24 ;

(1 ) exercise such other powers and perform such other functions and duties , as may be conferred or imposed on him by or under this Act and the rules .

CHAPTER IV

PUBLIC LIBRARY SYSTEM

Public Libraries .

13. Subject to such rules , the State Government may, by order, designate one or more library as State Central Library and establish District Library for a district and Taluka Library for a taluka .

14. ( 1) The State Government may establish and maintain a District library at the head -quarter of District and Taluka library at the head quarter of the taluka or at such other place in the taluka.

Establishment and management of the district and Taluka Libraries .

(2) Every such District Library and Taluka Library shall be managed, organised and developed by the Director.

15. ( 1)The Director shall constitute for each district library a District Library Advisory Committee consisting of the following members , namely : -

Constitution ofDistrict and Taluka Library Advisory Committees .

(i) the Collector of the district, who shall be the ex - officio Chairman of the committee;

(ii) one representative of the public library association of the district;

(iii) one expert in library services or library and information science;

(iv) one Principal of a college in the district ;

(v) one Principal or Head - master of a high - school or higher secondary school in the district ;

(vi ) one Head-master of a primary school in the district;

(vii) one representative of the public libraries run by voluntary agencies in the district;

(viii) one lady librarian in the district;

(ix) the Assistant Director of Public Libraries in - charge of the district;

(x) The Librarian of the district library, who shall act as the secretary of the Committee;

(2) The Director shall constitute for each taluka library a Taluka Library Advisory Committee consisting of the following members , namely:-

(i) the Mamlatdar of the Taluka concerned , who shall be the ex- officio Chairman of the committee;

(ii ) one representative of the public library association of the district;

INDEX 32-8

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 1-9-2001

( iii) one expert in library services or library and information science;

(iv) one Principal of a college in the taluka, if any ;

(v) one Head master of high school in the taluka ;

(vi) one Head master of a primary school in the taluka ;

(vii) one lady librarian in the taluka, if any ;

(viii) one representative of the public libraries run by voluntary agencies in the taluka;

( ix) the librarian of the taluka library, who shall act as the secretary of the committee .

Functions of Advisory Committees.

16. The functions of the District Library Advisory Committees and the Taluka Library Advisory Committees shall be such as may prescribed.

CHAPTER V

FINANCE FOR PUBLIC LIBRARIES

Budget for. public libraries .

17. ( 1 ) The Director shall prepare, every year , the annual budget proposal for the Directorate of Public Libraries for plan and non - plan expenditure and submit it to the State Government .

(2) The Director shall utilise the grant so sanctioned to defray the expenditure for the following purposes , namely: -

(a) to carry out the purposes of this Act and rules ;

(b) to establish new public libraries in the State ;

(d) payment of grant - in - aid and other financial assistance to the public libraries , public litrary associations and recognised institutions conducting training courses in library services and library and information science;

(e) such other purposes as may be prescribed.

StateLibrary Development

Fund.

18. (1 ) There shall be a fund to be called the State Library Development Fund for modernisation and development of public libraries in the State .

(2) The State Library Development Fund shall consist of-

(a) grant received from the State Government other than grant specified in sub - section ( 2) of section 17 ;

(b) any contributions or special grants from the Central Government for modernisation and development of public libraries ;

(c) all money received by way of contributions or gifts made by the public or any other agency for modernisation and development of public libraries .

(3) The money in the State Library Development Fund shall be utilised by the Director in consultation with the Council to defray the expenditure for the following purposes , namely : -

(a) modernisation and development of public libraries in the State:

INDEX 32-9

PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

(b) payment of allowances to the members of the Council under

section 10;

19. All property movable and immovable held or acquired for the purpose ofany public library established and maintained by the State shall vest in the State Government .

Vesting of property held for purpose of public libraries .

CHAPTER VI

RECOGNITION OF PUBLIC LIBRARIES AND PUBLIC LIBRARY ASSOCIATIONS .

Recognition of libraries . public

XXI of 1860. Bom. XXIX of1950 .

20. The Director may, in accordance with the rules and subject to any general or special orders of the State Government made in this behalf, recognise any library run by the voluntary agencies registered under the Societies Registration Act , 1860 or under the Bombay Public Trusts Act, 1950 or under the Gujarat Co - operative Societies Act, 1961 or any library run by local authority, open for use to the public, as a public library for the purpose of payment of grant - in - aid or other financial assistance to it .

Guj . X 1962.

Recognition of public library association .

XXI of 1860 . Bom . XXIX of1950.

21. With a view to providing an incentive to library activities in the State , the Director may, in accordance with the rules , recognise any public library association in the State , registered either under the Societies Registration Act , 1860 or the Bombay Public Trusts Act, 1950 or the Gujarat Co-operative Societies Act , 1961 , for the purpose of payment of grant- in - aid or other financial assistance to it .

Guj . X 1962.

CHAPTER VII

REPORTS AND INSPECTION

Reports and returns .

22. Every person who is in charge of the management of a public library and every person who is in charge of public libraries association shall submit `` such reports and returns and furnish such information as the Director may, from time to time require , to the Director or any person authorised by him in this behalf.

Inspection of Public Libraries and Public Library Associations .

23. The Director or an officer authorised by him in this behalf shall have powers to inspect public libraries and public libraries associations or any institution attached thereto or any institution conducting the training courses in library service and library and information science receiving financial assistance , for the purpose of satisfying himself that the provision of this Act and the rules made thereunder are carried out

Submission of Annual report.

24. Within six months from the end of every year , the Director shall prepare an annual report, on the working and administration of and the progress made by public libraries and public libraries associations in that year together with such information and particulars as may be prescribed and submit the same to the State Government.

IW- EX. 32-3 .

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

32-10

CHAPTER VIII

MISCELLANEOUS

XLV of 1860.

Member of Council tobe public servant.

25. All the members of the Council while acting or purporting to act in pursuance of the provisions of this Act or any rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 ofthe Indian Penal Code .

Protection of action taken in good faith.

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

27. No act or proceeding of the Council or of any of its committees shall be invalid merely by reason of -

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

Acts and proceedings of Council presumed to be valid.

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

Power to make rules .

28. ( 1 ) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act .

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

(a) manner for electing representatives from public libraries under clause ( vii) of sub- section (2 ) of section 3 ;

(b) the powers , duties and function to be performed by the President under sub -section (4) of section 3 ;

(d) such other powers and functions which may be exercised and performed by the Council under clause (xvi) of section 5;

(e) the allowances payable to members of the Council and its committee and the rates at which they shall be payable under section 10 ;

(f) other powers, functions and duties to be exercised and performed by the Director under clause (1 ) of sub- section (2) of section 12;

(g) subjct to which the State Government may designate Library as State Central Library under section 13;

(h) the functions to be performed by the District Library Advisory Committee and the Taluka Library Advisory Committee under section16;

(i ) other purposes' for which the sanctioned grant may be utilised inder clause ( e ) of sub- section (2) of section 17;

(i ; oher purposes for which State Library Development Fund maybe uudised under clause (c) of sub section (3 ) of section. 18 ;

Ki lector fecognising public libraries under section 20 ;

INDEX 32-11 PART IV] GUJARAT GOVERNMENT GAZETTE , EX. , 1-9-2001

ميدم

(! ) rules for recognising public library associations under section 21 ;

(m) the information and particulars to be included in the annual report under section 24;

(n) any other matter which is to be or may be prescribed under this Act.

(3) All rules made under this section shall be laid for not less than thirty days beforethe 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..

Power to make regulations .

29. ( 1 ) The Council may make regulations not inconsistent with the provisions of this Act and the rules made thereunder enabling it to discharge its function under this Act .

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

(a) the time , date and place at which the Council shall meet and the rules ofprocedure the Council shall observe in regard to transaction of its business at its meeting under sub- section ( 1 ) of section 8 ;

(b) other committees which council may constitute, the number ofmembers which the committee may consist of and functions which may be performed by such committee under section 9.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 33

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

WEDNESDAY, SEPTEMBER 5 , 2001 /BHADRA 14, 1923

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the President on the 4th September, 2001 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO.26 OF 2001 .

(First published , after having received the assent of the President in the "Gujarat Government Gazette " , on the 5th September , 2001 ) .

AN ACT

furtherto amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

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

1. (1) This Act may be called the Bombay Rents , Hotel and Lodging House Rates Control (Gujarat Amendment) Act, 2001 .

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 30th March, 2001 .

IV -Ex . 33-1

33-1

INDEX [PART. IV 33-2

GUJARAT GOVERNMENT GAZETTE, EX. , 5-9-2001

Bom. LVII of1947.

Amendment of section 3 ofBom . LVII of 1947.

2. In the Bombay Rents , Hotel and Lodging House Rates Control Act , 1947 (hereinafter referred to as "the principal Act") , in section 3 , in sub - section (2) , for the words , figures and letters " the 31st day of March, 2001 " , the words , figures and letters "the 31st day of March, 2011 " shall be substituted.

3. In the principal Act, after section 11A , the following new section shall be inserted, namely:-

Insertion of new section 11B in Bom . LVII of1947.

"11B . Notwithstanding anything contained in this Act, where by reason ofearthquake or any other natural calamity, any material part of the premises is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let,-

Right of tenants in new building when premises damaged or destroyed due to natural calamity.

(a) the landlord shall erect new building at the original site, subject to the provisions of any rules , bye- laws or regulations , made by a local authority, not later than twelve months from the date on which material part of premises of the building is wholly destroyed or rendered substantially and permanently unfit :

Provided that the State Government may for sufficient reasons extend the said period of twelve months to such further period not exceeding twelve months as it thinks fit .

(b) the tenant shall have the right to occupy a tenement in the new building erected at the original site by the landlord, and

the provisions of sections 17B and 17C shall , so far as may be, apply. " .

4. In the principal Act, in section 12, after sub -section (IA) , the following sub - section shall be inserted , namely :-

Amendment of section 12 of Bom.LVII of1947.

"( 1B) Notwithstanding anything contained in this Act,where by reason ofearthquake or any other natural calamity, any material part of premises is wholly destroyed or rendered substantially and permanently unfit for the purpose for which itwas let, the landlord shall not be entitled to--

(a) standard rent and permitted increases due for the premises,

(b) recover possession of such premises merely on the ground of non payment of standard rent and permitted increases que,

during the period in which such premises remained so destroyed or unfit." .

INDEX PART IV] GUJARAT GOVERNMENT GAZETTE, EX. , 5-9-2001

5. In the principal Act, in section 17D ,-

Amendment of section 17D of Bom.LVII of1947.

(1) sub - section (1) shall be renumbered as clause (a) of that sub - section and in clause (a) as so renumbered ,-

(i) after the words , figure and letter " of section 11A " , the words , brackets , figure and letters " or as the case may be , in clause (a) of section 11B " shall be inserted;

(ii) for the words " exist or not " , the words , figure and letter " or section 11B exist or not " shall be substituted;

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

11 (b) The terms and conditions for providing accommodation to tenants after erection of new building shall be such as may be prescribed . " .

Amendment of section 49 ofBom.LVII of1947.

6. In the principal Act, in section 49 , in sub- section (2) , after clause (aai) , the following clause shall be inserted , namely:--

" (aaai) the terms and conditions for providing accommodation to tenants under clause ( b ) of sub - section ( 1 ) of section 17D . " .

Repeal and savings.

Guj, Ord. 1 of2001 .

7. ( 1 ) The Bombay Rents , Hotel and Lodging House Rates Control (Gujarat Amendment) Ordinance , 2001 is hereby repealed.

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

! GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 34

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLII ]

TUESDAY, OCTOBER 30 , 2001 /KARTIKA 8 , 1923

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

PART - IV

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

The following Act, of the Gujarat Legislature , having been assented to by the President on the 16th October, 2001 is hereby published for general information .

V. M. KOTHARE ,

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

Gujarat Act No.27 of 2001 .

(Firstpublished, after having received the assent of the President in the " Gujarat Government Gazette" , onthe 30th October, 2001) .

AN ACT

further to amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

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

Short title .

1. This Act may be called the Bombay Rents , Hotel and Lodging House Rates Control (Gujarat Second Amendment ) Act, 2001 .

Bom . LVII of1947.

2.In theBombay Rents , Hotel and Lodging House Rates Control Act, 1947 , in section 4 , after sub- section ( 1 ) , the following sub - section shall be inserted , namely :--

Amend- ment of section 4 of Bom . LVII of1947 .

"(1A) This Act shall not apply to

34-1

.34-1

INDEX 34-2

30-10-2001 [ PART IV GUJARAT GOVERNMENT GAZETTE, EX. ,

Guj . 27 of 2001 .

(a) any premises constructed on or after the commencement of the Bombay Rents , Hotel and Lodging House Rates Control (Gujarat Second Amendment) Act, 2001 (hereinafter referred to as "the amending Act " ) ;

(b) any existing premises which is self- occupied by the owner or vacant on or after the commencement of the amending Act , and is let after such commencement ;

for a period of ten years from the date of the commencement of the amending Act .

Explanation . For the purposes of this section , " existing premises " means any premises which exists on the date of the commencement of the amending Act.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX REGISTERED NO . G/GNR/2 Extra No. 35

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL . XLIF ] SUNDAY, NOVEMBER 25, 2001 /AGRAHAYANA 4 , 1923

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

PART - IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT Sachivalaya , Gandhinagar, Dated the 25th November ,2001 ..

GUJARAT ORDINANCE NO . 8 OF 2001 .

AN ORDINANCE

further to amend the Gujarat Regularisation of Unauthorised DevelopmentAct, 2001.

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

AND WHEREAS the Governor of Gujarat is satisfied that the circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Regularisation of Unauthorised Development Act , 2001;

Guj.23 of 2001.

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

35-1

IV-EX . 35-1

INDEX 35-2

GUJARAT GOVERNMENT GAZETTE , EX. , 25-11-2001 [PART IV 1. Short title and commencement.- ( 1 ) This Ordinance may be called the Gujarat Regularisation of Unauthorised Development (Amendment) ( Second) Ordinance, 2001.

(2) Itshall come into force at once .

Guj . 23 of 2001 .

2. Guj. 23 of 2001 to be temporarily amended. During the period of operation of this Ordinance , the Gujarat Regularisation of Unauthorised Development Act, 2001 ( hereinafter referred to as "the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 5.

3. Amendment of section 3 of Guj.23 of 2001.- In the principal Act , in section. 3 , in sub- section (2) , after clause (a) , the following shallbe inserted , namely:-

"(aa) Where an unauthorised development in urban development area or development area has been carried out at any time before the 22nd November, 2000 and the development has been wholly destroyed by the earthquake or rendered substantially and permanently unfit for the purpose of occupation due to the earthquake in the month of January , 2001 and the owner or occupier of such development intends to carry out development at the same place and with the same built up area as existed prior to such destruction , the designated authority may, notwithstanding anything contained in the relevant law but having regard to the provisions of section 4, by an order allow him to carry out such unauthorised development subject to such terms and conditions as may be prescribed and may regularise the same in accordance with the provisions of this Act, as if such unauthorised development had been carried out before the 22nd November , 2000 : :

Provided that the designated authority, while regularising such unauthorised development shall not charge any fee prescribed in the Table. ".

INDEX PART IV]

35-3

GUJARAT GOVERNMENT GAZETTE , ΕΧ . 20-11-2001

4. Amendment of section 5 of Guj . 23 of 2001.-In the principal Act , in section 5 , --

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

.... " ( 1 ) ( i ) Any person aggrieved by the notice served upon him or notice published under sub-section (2) of section 3 may, within sixty days from the date of the receipt or , as the case may be , the publication of the notice, or

(ii) the owner or occupier aggrieved by an order made under clause ( aa ) of sub-section (2) of section 3 , may , within sixty days from the date of the order ,

prefer an appeal to an Appellate Officer, who shall be a person who has held the office of District Judge for a period not less than three years and appointed in this behalf by the State Government for each City or development area:

Provided that the Appellate Officer may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient , cause from filing the appeal in time . " ;

(2) in sub-section (2) , after the words "the notice " , the words , letters , brackets and figures " or , as the case may be , the order made under clause ( aa) of sub-section (2) of section 3 " shall be inserted.

5. Amendment of section 9 of Guj. 23 of 2001.- In the principal Act , in section 9, in sub-section (2), after clause (c) , the following clause shall be inserted , namely:-

"(cc) the terms and conditions subject to which unauthorised development may be allowed to carry out and regularised under clause ( aa) of sub-section (2) of section 3. " .

INDEX 35-4

[ PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 25-11-2001

STATEMENT

It has been represented to the State Government by the persons who have lost their houses and have become homeless due to the severe earthquake of 26th January, 2001 that they may be allowed to construct the houses at the original site with the same built up area as existed prior to such destruction so as to accommodate all the owners or the occupiers with the same built up area in the reconstructed houses . It has also been represented that their cases would have been governed under the provisions of the Gujarat Regularisation of Unauthorised Development Act, 2001 had their houses not collapsed due to earthquake . They have demanded not to charge any fees for such regularisation .

In order to provide . accommodation to the bonafide owner or occupier of houses who are victims of earthquake , it is considered necessary to make, provision in the said Act that the unauthorised construction which have been destroyed due to earthquake may be allowed. to be carried out and may be regularised by an order of designated authority in accordance with the provisions of the said Act . It has also been provided that no fees shall be charged for regularisation of such unauthorised construction . A provision has also been made entitling the owner or occupier to file an appeal against the order of the designated authority.

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the said Act to achieve the aforesaid object .

Gandhinagar, gar Dated the 25th November, 2001 .

SUNDAR SINGH BHANDARI , Governor of Gujarat.

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

SMT. SUDHA ANCHALIA , Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX EXTRA NO . 36

REGISTERED NO . G /GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLII ]

WEDNESDAY, DECEMBER 12 , 2001 / AGRAHAYANA 21 , 1923

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

PART- IV

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

URBAN DEVELOPMENT AND URBAN HOUSING DEPARTMENT ' achivalaya , Gandhinagar , Dated the 12th December , 2001 .

GUJARAT ORDINANCE NO . 9 OF 2001 .

AN. ORDINANCE

further to amend the Gujarat Town Planning and Urban Development Act, 1976.

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Town Planning and Urban Development Act, 1976;

President's Act 27 of 1976.

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

36-1

IV- EX.36-1

INDEX [PART- IV- 36-2

GUJARAT GOVERNMENT GAZETTE EX.12-12-2001

1. Short title and commencement- ( 1 ) This Ordinance may be called the Gujarat Town Planning and Urban Development (Amendment) (Second) Ordinance , 2001 .

(2) It shall come into force at oncé .

President's 1976. Act27 of President's Act 27 of 1976 to be temporarily amended. - During the period of operation of this Ordinance , the Gujarat Town Planning and Urban Development Act , 1976 (hereinafter referred to as "the principal Act " ) shall have effect subject to the amendments specified in sections 3 to 6 .

3. Amendment of section 17 of President's Act 27 of 1976. In the principal Act , in section 17, in sub - section ( 1 ) , the proviso to clause (e ) shall be deleted.

4. Amendment of section 47 of President's Act 27 of 1976. In the principal Act, to section 47, the following proviso shall be added, namely: -

"Provided that the appropriate authority may, in such circumstances as may be prescribed and with the previous sanction of the State Government , reduce the aforesaid period of one month to fifteen days for inviting objections to the draft scheme. ".

5. Amendment of section 65 of President's Act 27 of 1976. In the principal Act, in section 65 , in sub - section (2) , in clause (b) , the brackets and words " (which shall not be earlier than one month after the date of publication of the notification)" shall be deleted..

6. Amendment of section 118 of President's Act 27 of 1976.- In the principal Act, in section 118 , -

INDEX 36-3 GUJARAT GOVERNMENT GAZETTE EX.12-12-2001 :

PART - IV- ]

(1) to sub -section (1 ) , the following proviso shall be added, namely: -

"Provided that if the State Government is satisfied that the circumstances exist which render it necessary to take immediate action , it may dispense with the previous publication of any rule to be made under this section." ;

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

"(xxi - a) the circumstances in which the period for inviting objections to the draft scheme may be reduced to fifteen days under section 47; " .

INDEX [PART - IV- GUJARAT GOVERNMENT GAZETTE EX.12-12-2001

36-4

STATEMENT

The existing provisions of sections 17, 47 and 65 of the Gujarat Town Planning and Urban Development Act , 1976 prescribe time limits for town planning schemes .

In the State of Gujarat, there had been a devastating earthquake in the month of January, 2001 which had highly destructive effect on the buildings in the State and particularly in four towns of Kachchha district viz . Bhuj , Anjar, Bhachau and Rapar . A large part of the old city areas which had been destroyed are to be re-built and reconstructed immediately . For the safety of people , rescue operation and minimum dislocation , it is necessary to prepare a new town planning scheme in these areas . In order to complete the reconstruction work on priority basis , to provide houses to the people and to finalise the town planning scheme in short period, it is considered necessary to reduce the time limits prescribed in the Act.

1 The proviso to clause (e) of sub - section ( 1 ) of section 17 provides that the final development plan sanctioned by the State Government, shall not be effective for the period of one month from the date of publication of the notification . The amendment to section 17 empowers the State Government to bring into force .. immediately the final development plan so sanctioned by it . Similarly, because of the time limit prescribed in clause (b) of sub- section (2) of section 65, the preliminary town planning scheme or the final town planning scheme sanctioned by the State Government does not become effective for a period of one month from the date of publication of the notification . The amendment to section 65 empowers the State Government to bring into force immediately the preliminary town planning scheme , as the case may be , or the final town planning scheme so sanctionedby it.

INDEX 36-5 GUJARAT GOVERNMENT GAZETTE EX.12-12-2001

PART - IV - C ]

In order to submit the draft scheme by the appropriate authority to the State Government early , it is considered necessary to empower the appropriate authority to reduce the period of one month to fifteen days for inviting objections to the proposed draft scheme . The appropriate authority can exercise such powers only in such circumstances as may be prescribed and with the previous sanction of the Government . The proviso added to section 47 provides accordingly .

With a view to enforcing the rules immediately , the power has been taken to dispense with the previous publication of the rules . The proviso added to section 118 provides accordingly.

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

* Gandhinagar .

SUNDER SINGH BHANDARI , Governor of Gujarat .

Dated the 11th December . 2001.

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

SMT . SUDHA ANCHALIA , Principal Secretary to Government

Government Central Press , Gandhinagar .

INDEX REGISTERED NO . G/GNR/ 2 Ext No. 37

Fil

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY DECEMBER 29 , 2001 / PAUSA 8, 1923

VOL XLII ]

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

PART - IV

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

SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT Sachivalaya , Gandhinagar , Dated the 29th December, 2001 .

GUJARAT ORDINANCE NO . 10 OF 2001 .

AN ORDINANCE

to provide for the constitution of a State level Commission for women and for the matters connected therewith or incidental thereto .

WHEREAS it is expedient to give effect to the policy of the State towards securing principles enshrined in articles 38 , 39, 39A and 42 of the Constitution of India to eliminate inequality in the status of women and to maintain the dignity of women in every sphere of society;

AND WHEREAS it is expedient to provide for the constitution of a Commission for women with a view to extend the rights due to them in furtherance of the fundamental rights guaranteed under articles 14, 15 and 16 with respect to women and to empower the Commission to investigate into and to take or to suggest suitable remedial measures against practices derogatory to women and to monitor and implement efficiently the laws affecting women and to advise the Government on all matters related to improvement and upliftment of status and dignity of wornen in the society;

AND WHEREAS it is considered necessary to make a law immediately for the same;

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GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

[PART - IV

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to provide for the constitution of a State level Commission for women and for the matters connected therewith and incidental thereto;

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

1. Short title, extent and commencement.-( 1 ) This Ordinance may be called the Gujarat State Commission for Women Ordinance , 2001 .

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

(3) It shall come into force at once .

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

(a) "Commission " means the Gujarat State Commission for Women constituted under section 3;

(b) "member" means a member of the Commission and includes the Chairperson and the member - secretary;

(d) "women " includes female- child and adolescent girl .

3. Constitution of Commission-- ( 1 ) The StateGovernment shall , by notification in the Official Gazette , constitute a body to be known as "the Gujarat State Commission for Women" .

(2) The Commission shall consist of,-

(a) a Chairperson , who shall be an eminent woman committed to the causes of women , to be nominated by the State Government;

INDEX 37-3 GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

PART - IV ]

(b) five members to be nominated by the State Government from amongst persons of ability , integrity and standing , who have served the cause of women and who have had sufficient knowledge and experience in law or legislation , sociology, advancement of women nutrition , trade unionism , management of an industry or organisation committed to increase the employment potential of women , women's voluntary organisations ( including women activists ) , administration , economic development , health , education or social welfare:

Provided that one member shall be from amongst persons belonging to the Scheduled Castes or Scheduled Tribes:

Provided further that one member shall be from amongst the advocates ;

(i ) Director General of Police , Gujarat State,

(ii ) Secretary to Government, Social Justice and Empowerment Department ,

(iii) Secretary to Government, Finance Department,

(iv) Secretary to Government , Legislative and Parliamentary Affairs Department ,

(v) Secretary to Government , Legal Department ,

(vi ) Secretary to Government ( Family Welfare) , Health and Family Welfare Department, (d) one Member -secretary to be nominated by the State Government from amongst the officers of the State Government , who is not below the rank of Joint Secretaryto Government .

4. Terms of office and conditions of service of Chairperson and members . ( 1 ) The Chairperson and the members other than those nominatedby virtue of their office shall hold office for a period of three years .

(2) The salaries and allowances payable to , and the other terms and conditions of service of the Chairperson and the members , shall be such as may be prescribed.

INDEX 37-4

GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

[PART- IV

5. Resignation of Chairperson and member. The Chairperson or a member may at any time resign his office by writing under his hand addressed to the State Government and on such resignation being accepted, he shall be deemed to have vacated his office .

6. Removal of. Chairperson and member. Notwithstanding anything contained in sub-section ( 1 ) of section 4, the State Government may remove the Chairperson , or as the case may be , a member from his office , ifhe,-

(a) is or has become subject to any disqualification mentioned in section 7;

(b) remains absent , without leave of the Commission for more than three consecutive meetings of the Commission ;

(d) in the opinion of the State Government , has so abused the position of the Chairperson or, as the case may be , member, as to render his continuance in office detrimental to the public interest , or is otherwise unfit or unsuitable to continue as such Chairperson or , as the case maybe , member:

Provided that the Chairperson or, as the case may be , any member shall not be removed under this clause until he has been given a reasonable opportunity of being heard .

7. Disqualification for being a Chairperson or a member.--A person shall be disqualified for being nominated as or for being a Chairperson or a non - official member , if he ,

(a) is or becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which , in the opinion of the State Government, involves moral turpitude;

8. Filling up of Vacancies . A vacancy arising by reason of death , resignation or removal of the Chairperson or any member under section 6 or otherwise shall be filled up in accordance with provisions contained in section 3 .

9. Officers and other employees of the Commission.-( 1 ) The State Government shall provide the Commission with such officers and

INDEX 37-5 PART- IV]

GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

employees as may be necessary for the efficient performance of the functions of the Commission under this Ordinance .

(2) The salaries and allowances payable to , and the other terms and conditions of service of the officers and other employees , shall be such as may be prescribed .

10. Salaries and allowances to be paid out of grants . The salaries and allowances payable to the Chairperson and members and the administrative expenses , including salaries and allowances payable to the officers and other employees , shall be paid out of the grants made to the Commission under section 18 .

11. Defect in appointment of Chairperson or member not to invalidate acts or proceedings. (1 ) No act or proceeding of the Commission shall be questioned or invalid on the ground merely of the existence of any vacancy in , or any defect in the constitution of the Commission.

(2) No act done by any person acting in good faith as Chairperson or member shall be deemed to be invalid merely on the ground that he was disqualified to be a Chairperson or a member or that there was any other defect in his nomination .

12. Constitution of ad hoc committee.-( 1 ) The Commission may , for the purpose of transacting any business before it or for any special issue, constitute an ad hoc committee consisting of

(a) not more than two members of the Commission ; and

(b ) not more than two experts on the particular subject before the Commission ;

(2) If the Chairperson is a member of the committee , the Chairperson or in her absence any other member shall preside over the meeting of the Committee.

(3) The final report of the ad hoc 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 so associated shall be entitled to receive such allowances for attending the meeting of the Committee at such rate as may be prescribed..

13. Procedure to be regulated by Commission .( 1 ) The Commission or ad hoc committee thereof shall meet at such time and such place as the Chairperson may think fit:

Provided that the Commission shall meet at least every quarter.

IV. EX. 37-2

INDEX 37-6

GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001 [PART - IV

(2) The Commission shall determine procedure in regard to the transaction of its business at its meeting and meetings of the ad hoc committee appointed under section 12.

(3) Any order or decision of the Commission shall be authenticated by the member - secretary or any other officer of the Commission authorised in this behalf by the Chairperson . ,

14. Functions of Commission. The Commission shall have the following functions , namely :-

( a) to examine all matters relating to the safeguards provided for women under the Constitution of India and other laws;

(b) to present to the State Government annually and at such other times as the Commission may think fit , reports upon the working of such safeguards ;

to make in such reports recommendations for the effective implementation of such safeguards for improving the conditions of women by the State; (c)

A (d) to review from time to time , the existing provisions of laws relating to women and recommend amendments therein for the purpose of providing remedial legislative measures to meet with inadequate provisions of such laws ;

(e) to take up the cases of violation of the provisions of the Constitution of India and of other laws relating to women with the appropriate authorities;

(f) to look into complaints and take suo moto notice of matters relating,-

(i) deprivation of women's rights ;

(ii ) non- implementation , of laws enacted to provide protection to women and to achieve the objects of equality and development ;

( iii) non -compliance of policy decisions , guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women , and to take up the issues arising out of such matters with appropriate authorities;

(g) to call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and to identify the constraints so asto recommend strategies for their removal;

(h) to undertake promotional and educational research for the purposes of ,-

INDEX PART- IV]

37-7 GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

(i ) suggesting ways of ensuring due representation of women in all spheres ;

(ii) identifying factors responsible for impeding their advancement , such as , lack of access to housing and basic services , inadequate support services and technology for reducing drudgery and occupational health hazards and for increasing their productivity ;

(i ) to participate and advise on the planning of socio - economic development of women;

(0) to evaluate the progress of the development of women under the State;

(k) to inspect or cause to be inspected a jail , remand home, women's institution or other place of custody where women are kept as prisoners or otherwise , and to take up with the concerned authorities for remedial action , if necessary ;

(1) to provide fund for litigation involving issues affecting a large body ofwomen ;

(m) to endeavour to promote through the media a more positive image or balanced depiction of women in society and continuously to interact , and try to educate the public opinion through media to enhance sensitivity to gender issues and bring about gender parity;

(n) to any other matter which may be referred to it by the State Government.

V of1908 .

15. Powers of Commission . The Commission shall , for the purposes of any inquiry under this Ordinance , have the same powers as are vested in 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 witness and examining him;

(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 examination of witnesses:

Provided that the Commission shall not exercise aforesaid powers in respect of the matter which might be in conflict with said matter pending before the court of law .

16. Consultation with Commission. The State Government may consult the Commission in respect of major policy matters affecting women.

INDEX 37-8

GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001 [PART-IV

17. Protection of action taken in good faith .-No suit , prosecution or other legal proceedings shall be instituted against the Chairperson or any member or any officer or other employee of the Commission or any person acting under the direction either of the State Government or of the Commission for anything which is in good faith done , or intended to be done under this Ordinance or the rules or orders made thereunder .

18. Grants by State Government .-( 1 ) The State Government shall pay such amount to the Commission by way of grants , as it may think fit for the purposes of this Ordinance.

(2) The Commission may , with the previous sanction of the State Government and subject to such terms and conditions as may be specified in this behalf by the Government accept funds from any national or international organization working in the field of women and child. development , for achieving the objects of this Ordinance.

(3) The Commission may spend such sums as it thinks fit for the performance of the functions under this Ordinance out of the grants made to it and such sum shall be treated as the expenditure out of the grants.

19. Preparation and submission of Programme of Work and Annual Statement of Accounts . ( 1 ) The Commission shall before such date as may be specified by the State Government, in each year , prepare and forward to the State Government,

(i ) a programme of work for the next year;

(ii) an Annual Statement of Accounts for the next year .

The programme of its work shall contain , --

(2)

(i ) activities to be taken during the succeeding year ;

(ii ) such other particulars as may be prescribed ;

(3) The Annual Statement of Accounts shall contain a statement showing the receipt and expenditure on capital and revenue accounts for the next year.

(4) The State Government may sanction the programme and the Annual Statement of Accounts forwarded to it with such modification as it thinks fit.

(5) The Annual Statement of Accounts shall be prepared in such form as may be prescribed in consultation with the Accountant General of the State of Gujarat.

INDEX PART- IV]

37-9

GUJARAT GOVERNMENT GAZETTE Ex. , 29-12-2001

20. Accounts and Audit. (1 ) The Commission shall maintain proper accounts and other relevant record in such manner as may be prescribed.

(2) The accounts of the Commission shall be audited by the Accountant General of the State at such intervals as may be specified by him and any expenditure incurred in connection with such audit shallbe payable by the Commission to the Accountant-General .

(3) The Accountant General and any person appointed by him for the purpose of the audit of the accounts of the Commission under this Ordinance shall have the same right and the privileges and the authority for such audit as the Accountant-General generally has for such audit of the Government accounts and in particular, shall have the right to demand production of books , accounts connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

(4) The accounts of the Commission , as certified by the Accountant- General or any other person duly appointed by him in this behalf , together with the audit report thereon, shall be forwarded annually to the State Government .

21. Concurrent and Special Audit of Accounts. ( 1 ) Notwithstanding anything contained in section 20, the State Government may order that there shall be a concurrent audit of the accounts of the Commission by such person , as it thinks fit. The State Government may also direct a special audit to be made by such person , as it thinks fit , of the accounts of the Commission relating to any particular transaction or a class of series of transactions or to a particular period...

(2) When an order is made under sub-section ( 1 ) the Commission shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section ( 1) such information as the said person may require for the purpose of audit.

22. Annual Report. The Commission shall prepare , its annual report for each financial year giving a full account of its activities during the previous financial year in such form and at such time as may be prescribed and forward a copy thereof to the State Government.

23. Annual report and audit report to be laid before the State Legislature.- The State Government shall cause ,

(1) The annual report together with a memorandum of action taken on the recommendations contained therein , in so far as they relate to the State Government and the reasons for non - acceptance , if any , of such recommendation , and

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INDEX 37-10

[PART-IV

GUJARAT GOVERNMENT GAZETTE Ex. , 29-12-2001

(2) The audit report

to be laid as soon as may be , after the reports are received , before the State Legislature .

24. Chairperson , members and staff of the Commission to be public servants. The Chairperson , members , officers and other employees of the Commission shall be deemed , when acting or purporting - to act in pursuance of any of the provisions of this Ordinance , to be public servants within the meaning of section 21 of the Indian Penal Code.

XLV of 1860 .

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

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

(a) salaries and allowances payable to , and other terms and conditions of services of, the Chairperson and members , officers and other employees under sub-section (2) of section 4;

( b) allowances payable for attending the meeting of the ad hoc committee by the persons appointed under sub-clause (i ) of . sub -section ( 1 ) of section 12;

(c) particulars of programmes of the work of Commission to be . submitted to the State Government under sub - section ( 2) of section 19; :

(d) the form in which the Annual Statement of Accounts shall be maintained under sub- section ( 5) of section 19;

(e) the maintenance of accounts and other relevant record under sub- section ( 1 ) of section 20;

(f) any other matter which is to be or may be prescribed under this Ordinance .

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and 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 .

INDEX 37-11 GUJARAT GOVERNMENT GAZETTE Ex . , 29-12-2001

PART - IV ]

26. Power to remove difficulties- (1 ) If any difficulty arises in giving effect to the provisions of this Ordinance , the State Government may, by order published in the Official Gazette , make such provision not inconsistent with the provisions of this Ordinance , as may appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of five years from the date of commencement of this Ordinance.

(2) Every order made under this section shall , as soon as may be , after itismade , be laid before the State Legislature .

27. Power of the State Government to give directions:-The State Government may, if it thinks fit, give directions to the Commission as to carrying out execution of any of the provisions of this Ordinance and the Commission shall be bound by such directions .

INDEX 37-12

GUJARAT GOVERNMENT GAZETTE Ex. , 29-12-2001

[PART - IV

STATEMENT

Vedic era was the golden era so far as the equality of status and personal freedom of women are concerned , but gradually the status and position of women has deteriorated . The framers of the Constitution had realised the unequal social position of the women and assured to improve the status and dignity of women in the society . The State Government attaches great importance to the protection and advancement of women in all walks of life , fields of societies andto the upliftment of status and dignity of women in general in the society. The revolution towards gender equality must be propelled by a concrete strategy for accelerating programmes . Unequal status of women , ill - treatment and derogatory practices against the women and violation of the Constitutional provisions and other women welfare legislations make bare necessity to set up an independent statutory agency to carry out surveillance functions and to facilitate effective redressal of grievances of women . With a view, to make regular surveillance on such violation of rights of women , the Government of India has set up a Commission for women at a national level . On the same lines , it is considered necessary to set up State level Commission for women for check on deprivation of such rights and having powers to recommend legislative amendments in women welfare legislations and judicial actions for redressal of grievances of women against deprivation of their rights and to take up such issues with the State Government or appropriate authority for effective remèdial measures . It is also considered necessary that such body shall adequately be supported by the Government machinery. :

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

Gandhinagar, Dated the 29th December , 2001 .

SUNDARSINGH BHANDARI , Governor of Gujarat.

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

R.M. Patel ,

Secretaryto Government .

Government Central Press , Gandhinagar

INDEX