Gujarat Gazette, Part Part -IV Extra, 2002

Extra Ordinary Part - IV / 2002

Extra No.

Extra No.1 Date

Department

22-01-2002 Agriculture , Farmers Welfare & Co - operation Department

Extra No.2 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.3 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.4 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.5 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.6 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.7 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.8 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.9 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.10 31-03-2002 Legislative & Parliamentary Affairs Department Extra No.11 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.12 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.13 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.14 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.15 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.16 06-04-2002 Legislative & Parliamentary Affairs Department Extra No.16 05-06-2002 Legislative & Parliamentary Affairs Department Extra No.17 05-06-2002 Legislative & Parliamentary Affairs Department Extra No.18 05-06-2002 Legislative & Parliamentary Affairs Department Extra No.19 01-07-2002 Urban Development & Urban Housing Department REGISTERED NO . G/GNR/ 2 Extra No. 1

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, JANUARY 22, 2002 /MAGHA 2 , 1923

VOL XLIII ]

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

PART IV

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

AGRICULTURE AND CO - OPERATION DEPARTMENT

Sachivalaya, Gandhinagar , Dated the 22nd January , 2002 .

GUJARAT ORDINANCE NO . 1 OF 2002 .

AN ORDINANCE

further to amend the Gujarat Co- operative Societies Act, 1961.

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 Co - operative Societies Act, 1961 ;

Guj . X of 1962.

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

1. Short title and commencement. ( 1 ) This Ordinance may be called the Gujarat Co - operative Societies (Amendment ) Ordinance , 2002.

(2) It shall come into force at once .

1-1

IV -Ex . 1-1

INDEX [PART IV 1-2

GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

Guj . X of 1962.

2. Guj . X of 1962 to be temporarily amended . During the period of operation of this Ordinance, the Gujarat Co - operative Societies Act, 1961 (hereinafter referred to as "the principal Act " ) shall have effect subject to the amendment specified in section 3 .

3. Insertion of new Chapter XB in Guj . X of 1962. In the principal Act, after Chapter XA, the following Chapter shall be inserted, namely:-

" CHAPTER XB

CERTAIN OTHER PROVISIONS RELATING TO URBAN

CO - OPERATIVE BANKS

Definitions . 115B. In this Chapter, unless the context otherwise requires,-

(a) "Bank" means an Urban Co - operative Bank ;

(b) " committee" means a committee of an Urban Co -operative Bank ;

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

(e) "member of a family " in relation to a committee member means a wife , or, as the case may be, a husband , father , mother, son who is dependent for his maintenance , and unmarried daughter;

10 of 1949.

(f) "Urban Co - operative Bank " means a society registered under this Act and doing the business of banking, as defined in clause (b) of section 5 of the Banking Regulation Act, 1949.

INDEX 1-3 PART IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

115C . ( 1 ) A person shall not be eligible for being chosen as a committee member unless he,-

Qualifications and disqualifications forbeing committee member.

(a) is continuously a member of the bank for a period of not less than three years and continues to be such member , and

(b) has continuously deposited in the bank an amount of not less than twenty thousand rupees for a period of three years and continues to sodeposit.

(2) (a) A person shall be disqualified for being a committee member if he ceases to possess any of the qualifications mentioned in clauses (a) and (b) of sub- section (1 ).

(b) A person shall be disqualified for. being chosen as or for being a committee member , --

(i) if such a person has made default in repayment of any loan taken from any bank or other society,

(ii) if a company in which the person or. any member of his family has any interest has made default in repayment of any loan taken from any bank or other society after the date when repayment of the loan has become due,

(iii) if such person is convicted of an offence under section 115 Η .

(3) A committee member shall cease to hold office as such if at any time during the term of office, he becomes disqualified for being a member by reason of the provisions of sub - section (2) .

INDEX 1-4

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 22-1-2002

(4) If any question arises as to whether a committee member has ceased to hold office as such under sub - section (3 ) , the Registrar may after giving an opportunity to the committee member of being heard, determine the question and where the Registrar determines that a committee member has ceased to hold office , may by order remove such member .

Right to vote..

115D. No person shall exercise the right to vote at an election of a member of a committee in a financial year unless he is a member of the bank for the whole of the financial year preceding the financial year in which the election is held and continues to be such member ,

Term of office of officers .

115E . ( 1 ) A Chairman , Vice- chairman or Managing Director (if such Director is elected) of a committee shall , unless he resigns or is removed earlier , be entitled to hold office continuously for not more than two terms .

(2) A person who has held the office of a Chairman or Vice- chairman or Managing Director (if he is elected) continuously for two terms , shall be eligible to hold that office after a lapse of a period of not less than two terms after he ceases to hold that office .

Explanation . For the purpose of this section, the expression, " term " means a term consisting of three years commencing from the date of the first meeting of a committee in which a Chairman , Vice- chairman or, as the case may be , Managing Director ( if he is elected) is elected.

INDEX 1-5 PART IV]

GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

115F . A committee shall ensure that -

Ensurance ofcertain things by committee.

(a) information is furnished every month to the Registrar in such form as may be prescribed , regarding the loans taken from the bank by each committee member , members of the family and companies with which he is associated, in any manner ;

47 of1961.

(b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 ;

(c) defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise are remedied;

(d) action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due;

(e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered;

(f) civil and criminal proceedings against a person who , in the opinion of the committee, has misappropriated any fund of the bank are initiated;

10 of 1949 .

(g) the provisions of sections 18 and 24 of the Banking Regulation Act, 1949, as applicable to co- operative societies and of section 71 are complied with and if in its opinion any of the said provisions is contravened , such contravention is forthwith reported to the Registrar .

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 22-1-2002

1-6

Urban Bank Credit Equalization Fund.

115G . ( 1 ) There shall be established by each bank a fund to be called " Urban Bank Credit Equalization Fund" consisting ofthe payments made into it under sub - section (2) .

(2) After providing for the reserve fund as provided in section 67 , for the dividend as provided in section 68, for the educational fund as provided in section 69 and for contribution for the public purpose as provided in section 70, the bank shall each year set aside a sum of fifteen per cent. of its profits and pay the same into the Urban Bank CreditEqualization Fund.

(3) Urban Bank Credit Equalization Fund shall be maintained in accordance with rules made by the Gujarat State Co-operative Bank Limited with the previous approval of the Government (which it is hereby authorised).

(4) Where in any circumstances the bank ceases to function, such amount of the fund shall be paid to the depositors as the Registrar may, in consultation with the Reserve Bank of India, determine .

Offences and their punishment and cognizance .

115 H. (1 ) ( a) It shall be an offence ifa committee fails to comply with the provisions of any of the clauses (a) to (g) of section 115F .

(b) It shall be an offence if a committee fails to ensure that information under clause (a) of section 115F is true .

(2) Where an offence under this section has been committed by a committee of a bank , every person who , at the time the offence was committed , was a member of such committee ,

INDEX 1-7

GUJARAT GOVERNMENT GAZETTE , EX. , 22-1-2002 PART IV]

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 as provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(3) Every committee member who is deemed to be guilty of an offence under sub-section ( 1 ) , read with sub- section (2 ) shall, on conviction, be punished-

(a) if it is an offence under clause (a) of sub -section ( 1 ) for failure to comply with the provisions of-

(i) clause (a) of section 115F with fine which may extend to twenty thousand rupees ;

(ii) clause (b) of section 115F with imprisonment for à term which may extend to six months or with fine which may extend to one lakh rupees or with both;

(iii) clause (c) of section 115F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;

(iv) clause (d) of section 115F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;

(v) clause (e) of section 115F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;

INDEX 1-8

[ PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

(vi) clause (f) of section 115F with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both; :

(vii) clause (g) of section 115F with . imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both .

(b) If it is an offence under clause (b ) of sub- section ( 1 ) , with imprisonment for a term which may extend to two years or with fine which may. extend to two lakh rupees or with both .

(c) If it is an offence under clause (c) of sub- section ( 1) , with imprisonment which may extend to two years or with fine which may extend to two lakh rupees or with both.

(4) Whoever after having been convicted of an offence under clause (a) of sub -section ( 1 ) for failure to comply with the provisions of clause (a) of section 115F is again convicted thereunder shall , on every such conviction, be punished with fine which may extend to fifty thousand rupees ..

(5) Whoever , after having been convicted of an offence under clause (a) ofsub- section ( 1 ) for failure to comply with the provisions of clause (c) of section 115F continues to commit such offence shall be punished for each day after the first, during which he continues so to offend, with fine which may extend to one thousand rupees .

(6) No court inferior to that of the Metropolitan Magistrate or the Magistrate of the First Class shall try any offence under , this section .

INDEX 1-9 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX . , 22-1-2002

2 of1974.

(7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 , it shall be lawful for the Metropolitan Magistrate or the Magistrate of the First Class to pass a sentence of imprisonment or a fine on any person in excess of his powers under section 29 of that Code .

(8) No prosecution under this section shall be lodged except with the previous sanction of the Registrar .

Application of the provisions of section 84 to specified bank.

115 I. The provisions of section 84 shall apply to a specified bank as if in sub - section ( 1 ) of that section for the words " at least once in each year " , the words " at least once in each quarter of a year " had been substituted .

Explanation. For the purposes of this section, the expression " specified bank " means ;-

(i) a bank having deposits of not less than fifty crores rupees ;

نتر

2 of1934.

(ii) a bank which is a Scheduled Bank within the meaning of clause (e) of section 2 of the Reserve Bank of India Act, 1934.

Chapter to override other provisions of Act.

115J. The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained in the other provisions of this Act or the rules made thereunder or the bye- laws of the bank .

Savings.

Guj . Ord . 1 of2002 .

115K. Nothing in sub -section (2) of section 115C shall apply to a person who is a committee member on the date of the commencement of the Gujarat Co- operative Societies (Amendment) Ordinance, 2002 .

Transitory provision .

Guj . Ord. 1 of2002 .

INDEX 1-10

GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

[ PART IV

(if such Director is elected) of a committee continuously for a period not less than six years shall , unless he resigns or is removed earlier , cease to hold that office either on the date when the new Chairman , Vice -chairman or, as the case may be,Managing Director is elected or on the 30th June , 2002 , whichever is earlier ." .

noita

107sinod Vizag-

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 22-1-2002

STATEMENT

Recently serious irregularities have taken place in the working of certain urban co-operative banks in the State so as to threaten their very existence . With a view to preventing such serious irregularities taking place in the working of banks in future, it is considered necessary to make the following provisions : -

(1) In order that the management of the bank may vest in a committee consisting of persons who are interested in good and efficient functioning of the bank, only such persons may be permitted to be on the committee who have been members of the bank continuously for a minimum period of three years and who have continuously deposited in the bank an amount of not less than twenty thousand rupees for a minimum period of three years .

Persons who do not fulfil the requirements mentioned in the aforesaid sub -paragraph ( 1 ) and persons who have made default in repayment of loans taken from the banks or persons who or whose family members have interest in a company which has made default in repaying loans taken from the bank, are also to be debarred from being members of a committee .

(2) In order to prevent the unscrupulous activity of enrolling persons as members of a bank at the time of elections of members of a committee, it is necessary to prohibit a person from voting at an election of a member of a committee unless he is member of the bank for the whole of the financial year preceding the financial year in which the election is held .

(3) The term of office of a Chairman , Vice-chairman and Managing Director is to be fixed upto three years from the date of the first meeting of the committee.

(4) A Chairman, Vice-chairman and elected Managing Director are to be debarred from holding office continuously for more than two terms , each term being of three years .

INDEX [PART IV 1-12-

GUJARAT GOVERNMENT GAZETTE, EX. , 22-1-2002

(5) Certain duties are to be imposed on a committee of a bank and for imposition- of punishment on members of the committee for failure to carry out the duties .

(6) Abank is to be required to establish a fund called Urban Bank Equalization Fund and pay into it each year a sum of fifteen per cent of its profits .

As the Gujarat Legislative Assembly is not in session , this Ordinance is promulgated to amend the Gujarat Co - operative Societies Act, 1961 to achieve the aforesaid objects .

Gandhinagar,

SUNDAR SINGH BHANDARI , Governor ofGujarat.

Dated the 22nd January, 2002 .

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

V.H. SHAH, Secretary to Government.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO . G/GNR/ 2 EXTRA NO . 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SUNDAY, MARCH 31 , 2002 / CAITRA 10 , 1924

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 March , 2002 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 2002 .

(First published, after having received the assent of the Governor in the "GujaratGovernment Gazette " , on the 31st March , 2002) .

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 , 2002.

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

1. This Act may be called the Gujarat ( Supplementary) Short title . Appropriation Act , 2002 .

Issue of Rs.1,28,86,11,47,000 from and out of. theConsolidated Fund of the State of Gujarat for the financial year 2001-2002 .

2. From and out of the Consolidated Fund of the State of Gujarat , there shall be paid and applied şums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of twelve thousand eight hundred eighty - six crores , eleven lakhs , forty - seven thousand rupees towards defraying the several , charges which will come in course of payment during the financial year ending on the thirty- first day of March , 2002 , in respect of the services and purposes specified in column 2 of the Schedule.

Appropriation .

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

2-1

IV -EX.2-1

INDEX 2-2

GUJARAT GOVERNMENT GAZETTE

EX.31-3-2002

[PART- IV

SCHEDULE

(See sections 2 and 3)

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Rs .

Revenue

8,000

Agriculture

8,000

Revenue

11,67,000

11,67,000 MinorIrrigation , Soil Conservation and Area Development

Revenue

5,80,41,000

1,30,84,000

Aniamal Husbandry and Dairy Development

Capital

1,30,84,000

Revenue

Co-operation

2,000

Education

Revenue

1,000 12,00,00,000 12,00,01,000

Revenue

EnergyProjects

2,57,37,00,000

9,83,20,000

Capital

9,83,20,000

Revenue

2,48,75,000

2,48,75,000 Tax Collection Charges (Finance Department)

Revenue

3,000

3,000 Treasury and Accounts Administration

Revenue

1,000

1,000 Other expenditure pertainingto Finance Department

Revenue

1,25,54,06,000 1,25,54,06,000

Capital

0 1,21,36,75,49,000 1,21,36,75,49,000 Repayment of debt pertaining to Finance Department and its servicing-

Forests

Revenue

7,59,79,000

1,59,000

7,61,38,000

1,000

Capital

1,000

Elections

Revenue

3,000

Public ServiceCommission

Revenue

23,70,000

17,000

23,87,000

Revenue

1,000

1,000 General Administration Department

1,64,85,000

Capital

1,64,85,000 Other expenditure pertaining to General Administration Department

Medical and Public Health

Revenue

4,000

19,000

15,000

FamilyWelfare

Revenue

5,34,41,000

INDEX 2-3

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

PART - IV]

Services and purposes

No. of Vote/ Appro- priation

Revenue 44

Sums not exceeding

Voted

Total

Charged on the Consolidated Fund

Rs .

Rs.

Rs .

72,49,000 72,49,000

Transport

46        Other expenditure pertaining to Revenue          2,000               0            2,000
          Home Department
47         Industries and Mines          Revenue           1,000               0            1,000
          Department
49         Industries                    Revenue           1,000               0            1,000
54                                       Revenue                               0       1,06,51,000

1,06,51,000

Information and Publicity

Revenue 57.

Labour and Employment

Revenue 60

Administration of Justice

Narmada Development Scheme Capital

Revenue

Irrigation and Soil Conservation

Capital

Revenue 67

1,000

89,24,000 3,000

89,21,000

25,000 0

25,000

7,29,000

7,27,000

2,000

49,39,000

15,00,00,000 15,00,00,000

WaterSupply

85,70,15,000 85,70,15,000

Capital

Revenue

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

Revenue 0

95,39,000

0 11,05,69,000 11,05,69,000

Community Development

Revenue

45,60,07,000 45,60,07,000

Rural Housing and Rural Development

Revenue

6,51,55,000 6,51,55,000

Compensation and Assignments

Revenue 76

Revenue Department

DistrictAdministrartion

Revenue

Revenue 79

Relief on account of Natural Calamities

Revenue

19,50,000 19,50,000

65,000

64,000

1,000

2,83,97,000 2,83,97,000

DangsDisrict

1,82,40,000

1,43,000

1,80,97,000

Revenue

Compensation and Assignments

28.62.000

28,62,000

Capital

Revenue

Other expenditure pertaining to Revenue Department

INDEX

1,65,000

1,65,000 2-4

EX.31-3-2002

GUJARAT GOVERNMENT GAZETTE

[PART - IV

Sums not exceeding

Services and purposes

Total

Voted

Charged on the Consolidated:

No. of Vote/ Appro- priation

Fund

Rs .

Rs.

Rs..

.0 .

10,59,000

Non-Residential Buildings

46,69,000

51,81,000

5,12,000

Revenue Capital

Revenue

16,000

16,000 85

Residential Buildings

2,42,000

2,42,000 86

Roads and Bridges

35,58,000

46,10,000

10,52,000

Revenue Capital

3,47,000

Capital

Gujarat Capital Construction . Scheme

75,31,000

Revenue

Other expenditure pertaining to.. Roads and Buildings Department

88,000

Revenue

88,000

Social Security and Welfare

4,000,

4,000

1,07,000,

1,07,000

Special Component Plan for Scheduled Castes

Revenue Capital

73,07,000

73,04,000.

3,000:

Tribal Area Sub -Plan

17,31,000

Revenue Capital

4,000

Revenue

4,000

Youth Services and Cultural " Activities

Revenue

1,43,90,81,000 100

1,43,90,81,000

Urban Development

7,20,000

102

Revenue

Other expenditure pertaining to Urban Development and Urban Housing Department

6,48,88,91,000

1,41,35,86,000

5,07,53,05,000

Total:

Revenue :

Capital:

1,21,38,28,18,000 1,22,37,22,56,000

98,94,38,000

GrandTotal:-

1,28,86,11,47,000

1,22,79,64,04,000

6,06,47,43,000

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO . G /GNE/ ?

EXTRA NO . 3

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SUNDAY, MARCH 31 , 2002 / CAITRA 10, 1924

Vol . XLIII ]

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 March , 2002 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 2002 .

(Firstpublished, after having received the assent of the Governor in the "Gujarat GovernmentGazette " , on the 31st March , 2002).

AN ACT

to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty - first day of March , 2003 .

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

Short title .

1. This Act may be called the Gujarat Appropriation Act , 2002.

Withdrawal of Rs.3,04,43,48,99,000 Consolidated Fund of the State of Gujarat for the 2002-2003 . from and out of the financial year 2. From and out of the Consolidated Fund of the State of Gujarat , there may be withdrawn sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of thirty thousand, four hundred forty- three crores , forty -eight lakhs , ninety-nine thousand rupees towards defraying the several charges which will come in course ofpayment during the financial year 2002-2003 in respect of the services and purposes specified in column 2 ofthe Schedule.

Appropriation .

3-1

IV - EX.3-1

INDEX [PART-IV

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

3-2

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

Rs .

Rs.

Rs .

4,66,14,000

Revenue 4,66,14,000

Agriculture and Co - operation Department

4,69,94,23,000

Revenue

Agriculture

55,01,000

Capital

29,13,01,000

Revenue

10,000

Capital

Minor Irrigation, Soil Conservation and Area Development

64,27,46,000

Revenue

Animal Husbandry and Dairy Development

35,73,39,000

Revenue

Co-operation

12,99,63,000

Capital

2,98,25,000

Capital

Other expenditure pertaining to Agriculture and Co- operation Department

2,91,85,000

Revenue

Education Department

39,91,08,17,000

38,23,87,67,000、1,67,20,50,000

Revenue

Education

4,90,86,000

Revenue

4,90,86,000

99,24,45,000

Capital

Other expenditure pertaining to Education Department

1,81,57,000

Revenue

1,81,57,000

Energy and Petro -Chemicals Department

6,33,82,000

Revenue

* Tax Collection Charges (Energy and Petro - Chemicals Department)

21,51,56,50,000

2,25,00,000

21,49,31,50,000

Revenue

Energy Projects

3,33,35,50,000

Capital.

15,00,000

Revenue

15,00,000

11,01,56,000

11,01,56,000-

Capital

Other expenditure pertaining to Energy and Petro -Chemicals Department

INDEX 3-3

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

PART- IV]

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

Rs.

Rs .

6,34,40,000

Revenue 6,34,40,000

Finance Department

Capital

66,05,89,000

Revenue 66,05,89,000

Tax Collection Charges (Finance Department)

40,63,90,000

Revenue 40,63,90,000

16.

Treasury and Accounts Administration

12,05,81,00,000

-10,00,000

12,05,71,00,000

Revenue

Pensions and other Retirement Benefits

3,00,16,38,000

Revenue

3,02,80,000

3,01,80,000

Capital

Other expenditure pertaining to Finance Department

45,22,98,74,000

Revenue

45,22,98,74,000

14,82,99,09,000

Capital

Repayment of debt pertaining to Finance Department and its servicing

6,70,60,000-

6,70,60,000

Revenue

Food, Civil Supplies and ConsumerAffairs Department

1,26,09,10,000

Revenue 1,26,09,10,000

Civil Supplies

12,12,90,000

Revenue 12,12,90,000

Food

Capital

39,10,000

Capital

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

1,86,25,000

Revenue 1,86,25,000

Forest and Environment Department

1,16,01,50,000

Revenue 1,16,01,50,000

Forests

1,02,12,08,000

Capital

5,84,00,000

Revenue 5,84,00,000

Environment

1,84,60,000

Capital

Other expenditure pertaining to Forest and Environment Department

INDEX [PART-IV

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

3-4

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

Rs .

Rs.

2,31,16,000

Revenue

2,31,16,000

Governor

3,96,50,000

Council ofMinisters

Revenue 3,96,50,000

71,83,24,000

Revenue

Elections

71,83,24,000

3,77,50,000

2,79,90,000

Revenue

Public Service Commission

97,60,000

Revenue

84,01,14,000

General Administration Department

7,54,35,000

Revenue

7,54,35,000

Economic Advice and Statistics

18,94,55,88,000

18,94,49,96,000

5,92,000

Revenue

13,25,12,80,000

Capital

Other expenditure pertaining to General Administration Department

10,34,000 9,04,82,000 35

Revenue

8,94,48,000

StateLegislature

11,70,000 36

11,70,000

Capital

Loans and Advances to Government Servants in Gujarat Legislature Secretariat

3,82,75,000

Revenue

3,82,75,000

Health and Family Welfare Department

7,02,92,79,000

Revenue

Medical and Public Health

1,44,91,72,000

Revenue

1,44,91,72,000

FamilyWelfare

13,50,000 40

Revenue

13,50,000

4,36,70,000

Capital

Other expenditure pertaining to Health and Family Welfare Department

4,74,75,000

Revenue

4,74,75,000

HomeDepartment

7,37,28,09,000 42

Police

7,37,28,09,000

Revenue

Revenue 23,86,39,000

23,86,39,000 43 Jails

1,83,21,85,000 44

1,83,21,85

Revenue

Transport

20,11,00,000

Capital

4,89,55,000

Revenue

StateExcise

INDEX 3-5

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

PART - IV ]

Sums not exceeding

Services and purposes

Total

Voted

No. of Vote/ Appro- priation

Charged on theConsolidated Fund

Rs .

Revenue

58,88,61,000

58,85,61,000

1,32,73,06,000

Capital

Other expenditure pertaining to Home Department

4,53,60,000

Industries and Mines Department Revenue

40,06,44,000

Revenue

40,06,44,000 48

Stationery and Printing

4,81,41,71,000 Industries

4,81,41,71,000

46,50,50,000

Revenue Capital

23,01,34,000

Revenue 23,01,34,000

Mines and Minerals

22,91,67,000

Tourism

Revenue Capital

6,26,17,000

7,02,75,000

Revenue Capital

Other expenditure pertaining to Industries and Mines Department

71,50,000

Revenue

71,50,000

Information and Broadcasting Department

25,74,00,000

Revenue 25,74,00,000

Information and Publicity

2,52,50,000

Revenue 2,52,50,000

50,40,000

Capital

Other expenditure pertaining to Information and Broadcasting Department

2,41,00,000

Revenue

2,41,00,000

Labour and Employment Department

Revenue

1,64,86,64,000 57

1,64,86,64,000

Labour and Employment

2,10,85,000

Capital

Other expenditure pertaining to Labour and Employment Department

2,15,55,000

Revenue 2,15,55,000

Legal Department

1,18,54,15,000

12,99,85,000

1,05,54,30,000

Revenue

Administration of Justice

4,87,65,000

Revenue

2,03,20,000

Capital

Other expenditure pertaining to Legal Department

1,96,80,000

Revenue

Legislative and Parliamentary AffairsDepartment

IV - Ex- 3-2

INDEX [PART - IV

EX.31-3-2002

GUJARAT GOVERNMENT GAZETTE

3-6

Sums not exceeding

Total Services and purposes

Voted

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

Rs.

Rs .

Rs.

6,60,000

Capital

Other expenditure pertaining to Legislative and Parliamentary AffairsDepartment

5,23,20,000

Revenue

Narmada , Water Resources and Water Supply Department

7,20,25,74,000

Capital

Narmada Development Scheme

19,34,25,47,000

Revenue

Irrigation and Soil Conservation

2,72,92,90,000

Capital

1,46,62,00,000

Revenue 1,46,62,00,000

Water Supply

4,50,11,00,000

Capital

25,000

Revenue

5,89,40,000.

5,89,40,000

Capital

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

2,73,40,000

Revenue

2,73,40,000

Panchayats , Rural Housing and RuralDevelopment Department

2,58,51,24,000

Revenue

Community Development,

5,28,94,87,000

1,51,32,80,000

3,77,62,07,000

Revenue

22,50,000

Capital

Rural Housing and Rural Development

76,46,16,000

Revenue 76,46,16,000

Compensation and Assignments

62,19,30,000

Revenue

21,99,50,000

Capital

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

14,68,65,000

Revenue 14,68,65,000

Fisheries

4,51,01,000

Capital

83,50,000

Revenue

68,02,000

Capital

Other Expenditure pertaining toPorts and Fisheries Department

7,28,85,000

Revenue

76" 1- Revenue Department

54,56,60,000

Revenue 54,56,60,000

Tax Collection Charges (Revenue Department)

INDEX 3-7

EX.31-3-2002

GUJARAT GOVERNMENT GAZETTE

PART - IV]

Sums not exceeding

Total Services and purposes

Voted

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

Rs.

Rs .

Rs.

68,70,50,000

Revenue 68,70,50,000

District Administration

4,04,13,00,000

Revenue

Relief on account of Natural Calamities

18,93,75,000 .

18,93,75,000

Revenue

DangsDistrict

23,74,65,000

Revenue 23,62,15,000

12,50,000

Compensation and Assignments

Capital

38,60,000

Revenue

38,60,000

7,40,30,000-

7,40,30,000

Capital

Other expenditure pertaining' to Revenue Department

5,34,00,000

Roads and Buildings Department Revenue

2,23,15,69,000

2,23,05,69,000

Non-Residential Buildings

84,90,87,000

Revenue Capital

73,70,88,000

Residential Buildings

19,14,12,000

Revenue Capital

4,62,05,37,000

Roads and Bridges

5,51,64,13,000

Revenue Capital

8,01,95,000

17,23,00,000

Gujarat Capital Corństruction Scheme

Revenue Capital

10,99,03,000

Revenue 10,99,03,000

3,60,85,000

Capital

Other expenditure pertaining to Roads and Buildings Department

2,31,85,000

Revenue

SocialJustice and Empowerment Department

1,93,25,03,000

Revenue 1,92,70,03,000

Social Security and Welfare

1,37,31,000

Capital

62,74,07,000

Revenue

Welfare of Scheduled Tribes

1,05,00,000

Capital

1,74,25,000

Capital

Other expenditure pertainingto Social Justice and Empowerment Department

2,86,45,03,000

14,27,10,000

Revenue Capital

Special Component Plan for Scheduled Castes

INDEX [PART- IV

3-8

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

Sums not exceeding

Total Services and purposes

Voted

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

Rs.

Rs .

Rs.

8,84,07,80,000

Tribal Area Sub -Plan

1,20,66,32,000

Revenue Capital

97,73,000

Revenue

Sports, Youth and Cultural Activities Department

26,56,67,000

Revenue

Youth Services and Cultural Activities

37,35,000

Capital

Other expenditure pertaining to Sports , Youth and Cultural Activities Department

1,64,80,000

Revenue

Urban Development and Urban Housing Department

68,47,10,000

57,42,75,000

11,04,35,000

Revenue,

UrbanHousing

3,61,03,02,000

Revenue 3,61,03,02,000

100

Urban Development

2,33,00,000

Capital

98,36,03,000

24,00,03,000

74,36,00,000

Revenue

101

Compensation, Assignments and Tax Collection Charges.

1,19,40,000

Revenue

102

Other expenditure pertaining to :

60,38,000

Capital

Urban Development and Urban Housing Department

65,30,000

103

Revenue

Women and Child Development Department

1,52,72,60,000

1,52,42,60,000

Revenue

104

9,90,000

Capital

Other expenditure pertaining to Women and Child Development Department

2,45,48,89,31,000

49,44,67,49,000

Total :

Revenue 1,96,04,21,82,000

58,94,59,68,000

14,83,03,09,000

44,11,56,59,000

Capital

3,04,43,48,99,000

64,27,70,58,000

2,40,15,78,41,000

Grand Total:

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX EXTRA NO . 4

REGISTERED NO . G/GNR/ Z

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SUNDAY, MARCH 31 , 2002/ CAITRA 10 , 1924

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 March , 2002 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 2002 .

(Firstpublished, after having received the assent of the Governor in the "GujaratGovernment Gazette " , on the 31st March , 2002) .

AN ACT

further to amend the Gujarat Sales Tax Act , 1969 .

Itishereby enacted in the Fifty- third Year of the Republic of India asfollows :-

1. (1) This Act may be called the Gujarat Sales Tax (Amendment ) Short title and Act, 2002. commencement .

(2 ) It shall come into force on the 1st April , 2002 .

Guj . 1 of 1970.

section 2 of 2. In the Gujarat Sales Tax Act , 1969 ( hereinafter referred to as the Amendment of "the principal Act " ) , in section 2 , in clause 21, -

Guj . 1 of1970.

(i) the figures " 20 , 21 , shall be deleted;

(ii) for the words and figures "entries 1 and 7 " , the word and figure " entry 7 " shall be substituted .

IV -EX.4-1

4-1

INDEX [PART- IV GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

4-2

Amendment of section 4A ofGuj . 1 of1970.

Guj . 9 of 2000.

Guj . 9 of 3 . In the principal Act, in section 4A, in sub - section(1 ), for the words and figures " for a period of two years from the date of commencement of the Gujarat Sales Tax ( Second Amendment) Act , 2000 " , the words and figures " for the period beginning from the date of commencement of the Gujarat Sales Tax (Second Amendment) Act , 2000 and ending on the 28th February , 2003 , " shall be substituted. 2000 .

In the principal Act , in section 30A , to sub - section (4) , following proviso shall be added , namely:- 4.

Amendment ofsection 30A ofGuj . 1 of1970.

"Provided that where any registered dealer who failed to make an application under sub - section (2) within the period prescribed therefor but has applied before the 31st March, 2002 , the Commissioner shall impose upon such dealer by way of penalty, a sum of rupees fifty for every day after the expiry of the period prescribed under sub - section (2) , subject to maximum of rupees one thousand , for making such application after the prescribed period. " .

5. In the principal Act, in section. 30AA , after sub - section (2A) the following sub - section shall be inserted, namely : -

Amendment of section 31AA of Guj . 1 of 1970 .

" ( 2B ) Where any registered dealer fails to make an application as required under sub- section (2) of section 30A on or before the 31st March , 2002, the Commissioner shall cancel his registration with effect from the 1st April , 2002:

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 cancelling the certificate of registration. " .

In the principal Act , in section 41AA, –

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

Amendment 6. ofsection 41AA of Guj . 1 of 1970.

" ( 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 and whose tax payable for the specified period to which the declaration or return relates does not exceed five lakh rupees , the amount of tax due from the 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 the amount equal to five per cent. of the tax so payable for each specified period in the Government treasury on or before the 30th September , 2002. " ;,

(2 ) in sub - section ( 2 ) , the words , brackets and letters clause (a) or (b) of " shall be deleted.

In the principal Act , in Schedule II , in Part A

(1 ) in the entry at serial No. 73 , in columns 3 and 4, for the words " Six paise " , the words "Four paise " shall be substituted;

Amendment 7. of Schedule II PartA to Guj . 1 of 1970..

INDEX PART- IV]

4-3

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

(2) the entry at serial No. 133A shall be renumbered as sub -entry ( i ) of that entry and after the sub - entry (i ) as so renumbered , the following sub - entry shall be added , namely: -

"( ii ) Coconut (Copra) excluding tender Coconuts

Fourpaise in the rupee." ;

Fourpaise in the rupee.

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

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

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

(4) in the entry at serial No. 166 , in columns 3 and 4, for the words "Six paise" , the words " Four paise " shall be substituted .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR

INDEX EXTRA NO . 5

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SUNDAY, MARCH 31 , 2002/ CAITRA 10 , 1924 .

Vol . XLIII ]

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 31st March , 2002 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 2002 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002) .

AN ACT

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

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

Short title and commencement.

1. (1) ThisAct may be called the Gujarat State Tax on Professions , Trades , Callings and Empolyments (Amendment) Act , 2002.

(2) It shall come into force on the 1st April , 2002 .

In the Gujarat State Tax on Professions , Trades , Callings and Empolyments Act , 1976 , in Schedule I , in entry at Sr. No. 2, in clause ( 1 ), 2.

President's Act11 of 1976.

(1) item (e) shall be deleted ;

Amendment of Schedule I to President's Act 11 of 1976.

after item (g) , the following items shall be added, namely : -- (2)

Automobile Brokers .

"(h)

(i) Tour Operators or Travel Agents .

(j ) Cable TV Operators .

Film Distributors .

(k)

(1) Owners of Advertising Agencies .

IV- EX.5-1

5-1

INDEX

2                GUJARAT GOVERNMENT GAZETTE EX.31-3-2002:                      [PART- IV
                 (m)    Owners of Tuition Classes or Tutorial Institutions.
                 (n)   Owners of Institutes or Service Providers engaged in
                        computer education or training , or online information and
                       database service through computer network.
                (0)    Owners ofDriving Schools .
                 (p)   Owners of Marriage Halls and Party Halls .
                (q)    Angadia or Courier Service Providers .
                 (r)   Owners of Health Clubs and Recreation Clubs ." .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

A INDEX EXTRA NO.6

REGISTERED NO . G /GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SUNDAY, MARCH 31 , 2002/ CAITRA 10 , 1924

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 March , 2002 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 2002 .

(Firstpublished, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002) .

AN ACT

further to amend the Bombay Stamp Act , 1958 .

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

commencement.

(1 ) This Act maybe called the Bombay Stamp (Gujarat Amendment ) Short title and Act , 2002.

(2) It shall come into force on the 1st April , 2002.

Amendment of section 3 of Bom . LX of 1958.

2. Inthe Bombay Stamp Act, 1958 ( hereinafter referred to as " the principal Bom . LX of Act " ) , in section 3 , after clause (a ) , the following clause shall be inserted , namely: - 1958.

"( aa) every instrument mentioned in Schedule. I , which not having been previously executed by or on behalf of or in favour of, the Government or any local authority , is executed by or on behalf of or in favour of, the Government or any local authority;" .

IV - EX.6-1

6-1

INDEX [PART- IV GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

6-2

3 . Inthe principal Act , in section 46, in sub-section (1 ), for the words "twenty four per cent. " , the words "fifteen per cent . " shall be substituted.

Amendment of section 46 ofBom . LX of 1958.

Inthe principal Act, in Schedule I, -

Amendment 4. of Schedule I toBom .

(1) in article 5, afterclause (ga), the following clause shall be inserted, LX of 1958. namely:-

"(gb) if relating to advertisement on radio, television , cinema , cable network or any media other than newspapers.

Subject to maximum of twenty- five thousand rupees , twenty - five paise for every hundred rupees or part thereof on the amount of consideration of such agreement.";

(2) in article 20, for clause ( d) , the following shall be substituted, namely:-

Subject to maximum often crores rupees -

I of1956.

"(d ) CONVEYANCE , so far as it relates to reconstruction or amalgamation of companies by an order of the High Court under section 394 of the Companies Act, 1956.

(i) an amount equal to 0.75 per cent . of the aggregate amount comprising ofthe market value of share issued or allotted in exchange of or otherwise , or the face value of such shares , whichever is higher and the amount of consideration , if any, paid for such amalgamation , or

(ii) an amount equal to 0.75 per cent . of the true market value of the immovable property. situated in the State of Gujarat of the transferor company,

whichever is higher." ;

(3) in article 30, in clause (a) , -

( i) in sub-clause ( i) , for the words , brackets and figures , "The same duty as a Bond (No. 14)" , the words "One rupee for every hundred rupees , or part thereof" shall be substituted;

(ii) in sub-clause (ii ) , for the words , brackets and figures "The same duty as a Bond (No. 14) " , the words "Three rupees for every hundred rupees or part thereof' shall be substituted;

(4) after article 30, the following article shall be inserted, namely : -

" 30A. LEAVE AND LICENCE AGREEMENT relating to immovable property other than the residential property..

Fifty paise for every hundred rupees or part thereof on the whole amount payable or deliverable plus the total amount of fine or premium or money advanced or to be advanced irrespective of the period for which such leave and licence agreement is executed . " .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX EXTRA NO.7

REGISTERED NO . G/ GNR/

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SUNDAY, MARCH 31 , 2002/ CAITRA 10 , 1924

Vol . XLIII ]

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 March , 2002 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 2002 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002).

AN ACT

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

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

Short title and commencement.

1. (1) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Amendment ) Act , 2002.

(2) It shall come into force on the 1st April, 2002 .

2. In the Bombay Motor Vehicles Tax Act, 1958, in the First Schedule, in Part- I ,

Bom. LXV of 1958.

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

Amendment ofFirst Schedule of Bom. LXV of 1958.

IV- EX.7-1.

INDEX GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

7-2

[PART- IV

" IVAA . Slecper designated omnibuses

(a) Sleeper designated omnibuses licensed to carry not more than twenty passengers

Rs . 13,000 per passenger which the vehicle is licensed to carry.

(b) Sleeper designated omnibuses licensed to carry more than twenty passengers .

Rs . 18.000 per passenger which the vehicle is licensed to carry " :

(2) beforeExplanation 1 , the following Explanation shall be inserted, namely

"Explanation IA. For the purposes of clause IVAA " sleeper designated omnibus " means a contract carriage constructed or adapted to provide berths for passengers to sleep thereon." .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR ....

INDEX EXTRA NO . 8

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SUNDAY, MARCH 31 , 2002/ CAITRA 10 , 1924

Vol . XLIII ]

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 March , 2002 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 2002 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002) .

AN ACT

further to amend the Bombay Electricity Duty Act , 1958 .

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

commencement .

1. (1) This Act may be called the Bombay Electricity Duty ( Gujarat Short title and Amendment) Act , 2002.

(2) It shall come into force on the 1st April , 2002 .

Bom. XL of 1958.

Bom. XL of

1958 .

2 . In the Bombay Electricity Duty Act, 1958 , in Schedule I, in Part I , Amendment of in item (7) , in column 2, for the figure and word " 60 per cent . " , the figure Schedule I to and word "45 per cent . " shall be substituted .

: 8-1

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

IV - EX.8-1

INDEX REGISTERED NO . G/GNR/ 2 EXTRA NO.9

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SUNDAY, MARCH 31 , 2002/ CAITRA 10, 1924

Vol . XLIII ]

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 March , 2002 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO . 8 OF 2002 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002) .

AN ACT

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

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

1. This Act may be called the Gujarat Tax on Sale of Electricity Short title. (Repeal ) Act, 2002 .

5of1985.

On and from the 1 " April , 2002 , the Gujarat Tax on Sale of Electricity Repeal of Guj . Act, 1985 shall stand repealed. 2.

Guj . 5 of 1985.

9-1

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

IV-EX.9-1

INDEX EXTRA NO . 10

REGISTERED NO . G/ GNR/?

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SUNDAY, MARCH 31 , 2002/ CAITRA 10, 1924

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 March , 2002 is hereby published for general information.

V. M. KOTHARE ,

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

GUJARAT ACT NO . 9 OF 2002 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 31st March , 2002.

AN ACT

further to amend the Bombay Motor Vehicles Tax Act , 1958 and to validate imposition and collection of tax on designated omnibuses .

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

1. (1 ) This Act may be called the Bombay Motor Vehicles Tax (Gujarat Amendment and Validation ) Act , 2002 .

Short title and commencement.

(2) This section and sections 2 and 3 , sub - clause ( a) of clause ( 1 ) of section 4 and sections 5 , 6, 8 and 9 except sub-section (2) thereof , and section 10 shall come into force at once , and section 4 except sub - clause (a) of clause ( 1 ) thereof, section 7 and sub - section (2) of sectión 9 shall be deemed tohave come into force on the 17th August , 2001 .

Bom. LXV of 1958 .

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

Amendment of section 3 of Bom. LXV of 1958 .

3. In the principal Act , section 3A shall be deleted.

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

-EX.10-1

INDEX

10-1 [PART- IV 10-2.

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

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

(1) in sub-section (1AA ), in the table,-

Amendment of section 4 of Bom . LXV of 1958 .

(a) in entry ( a) , in column 1 , the words and letter " under the heading A. Motor vehicles fitted solely with pneumatic tyres" shall be deleted;

(b) for entry (b) , the foliowing entry shall be substituted, namely: --

Annually or in monthly instalments of one- twelfth of the annual rate . " ;

"(b) designated omnibuses specified in clauses IVAA and IVAAA in Part I of the First Schedule .

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

"( 1AAA) Notwithstanding anything contained in entry (b) , in the table below sub-section ( 1AA )

(a) the amount of tax leviable on designated omnibus brought for use in the State for a temporary period not exceeding seven days shall be four per cent . of the annual rate of tax per passenger which the designated omnibus is licensed to carry;

A (b) where such designated omnibus is to be used or kept for use in the State for a period exceeding seven days , the tax shall be leviable on such vehicle at the rate of one- twelfth of the annual rate of tax for each . month or part thereof. ";

(3) the following Explanation shall be added at the end , namely: --

"Explanation. For the purposes of this section , sub - section (6) of section 9 and clause IV in Part - I of the First Schedule , the expression " designated omnibus " means . an omnibus which is used or kept for use in the State exclusively as contract carriage and includes a sleeper designated omnibus ." .

5. In the principal Act , in section 9 , after sub - section (5 ), the following sub - section shall be added, namely:-

Amendment of section 9 of Bom. LXV of 1958 .

" (6) Where a registered owner or any person in possession or control of a designated omnibus has paid tax at the annual rate or in monthly instalments of one- twelfth of the annual rate in respect of that designated omnibus and proves to the satisfaction of the Taxation Authority that, -

(a) that designated omnibus has not been used or kept for use for a continuous period of not less than one month (hereinafter referred to as "the period of non - use " ) , or

(b) that designated omnibus has been taken out of the State for a continuous period of not less than fifteen days in a month -

INDEX 10-3 GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

PART- IV ]

(i) in the case of (a) , such owner or person shall be entitled to refund of an amount at the rate of one-twelfth of the annual rate of tax paid for each complete month of the period of non - use , and

(ii) in the case of (b) ; such owner or person shall be "entitled to refund of an amount equal to one day's tax of the monthly installment of tax paid for each day of the period for which the designated omnibus is taken out of the State ." .

6.. In the principal Act, in section 18,-

Amendment of section 18 of Bom. LXV of 1958.

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

"( 1A). Where a registered owner or any person in possession or control of a motor vehicle who is required not to use or to keep for use such vehicle for a specified period in accordance with a declaration given by him to the Taxation Authority uses or keeps for use such vehicle at any time during such period , the Taxation Authority may levy in addition to the tax leviable on the vehicle for the period for which the vehicle was used or kept for use a penalty equal to twice the amount of tax leviable .

(1B) Where penalty is leviable under both sub - sections ( 1 ) and (1A) , it shall be levied under sub- section (1A) and not under sub - section ( 1 ) . " ;

(2) in sub - section (2) , after the words , brackets and figure "sub - section ( 1 ) " , the words , brackets , figure and letter " or sub- section (1A) " shall be inserted.

7. In the principal Act, in the First Schedule , in Part - I, --

(1) in clause IV , in the heading , the words " other than designated omnibuses " shall be added at the end;

Amendment of First Schedule of Bom. LXV of 1958.

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

"IV -AAA. Omnibuses which are used or kept for use exclusively as contract carriages (hereinafter in this clause referred to as " the designated omnibuses " )-.

(a)

3800 for every passenger which the vehicle is so licensed to carry .

(i ) Ordinary designated omnibuses licensed to carry not more than twenty passengers

6000 for every passenger which the vehicle is so licensed to carry .

( ii ) Ordinary designated omnibúses licensed to carry more than twenty passengers

6500 for every passenger which the vehicle is so (b) (i ) Luxury or tourist designated omnibuses

INDEX [PART - IV- 10-4

GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

licensedto carry.

licensed to carry not more

than twenty passengers

9000 for every passenger which the vehicle is so licensed to carry. " ;

( ii) Luxury or tourist designated omnibuses licensed to carry more than twenty passengers

(3) after Explanation 1A , the following explanation shall be inserted, namely: --

"Explanation IAA.--For the purpose of clause IV- AAA "Luxury designated omnibus " means any omnibus having seating lay out of two and two or one and three or one and two or one and one on either side with a gang way of any width in between though any one row of seats in such omnibus may consist of more than four seats . "

Validation of imposition and collection of tax ondesignated omnibuses.

8. (1) Notwithstanding any judgement , decree or order of any court, tax imposed, assessed or collected or purporting to have been imposed, assessed or collected under the principal Act , on designated omnibuses during the period beginning with 1st day of April , 1991 and ending on the 16th day of August, 2001, shall be deemed to have been validly imposed, assessed or collected in accordance with law as if at all material times when such tax was imposed, assessed or collected, the principal Act as amended by sections 2 , 3 , and 4 except sub- clause ( a) of clause ( 1 ) thereof and section-7 of this Act and section 9 had been in force and accordingly-

(a) no suit or other proceeding shall be maintained or continued in any court for the refund of any tax paid in respect of designated ömnibus under the principal Act ,

(b) no court shall enforce a decree or order directing the refund of any tax paid in respect of designated omnibus under the principal Act,

(c) any tax imposed or assessed in respect of designated omnibus under the principal Act during the period beginning from the 1st day of April , 1991 and ending on the 16th day. ofAugust , 2001 but not collected before 17th day of August , 2001 may be recovered (after assessment of tax where necessary ) in the manner provided in the principal Act.

(2) For the removal of doubts , it is hereby declared that nothing in sub-section ( 1 ) shall be construed as preventing any person--

(a) from questioning in accordance with the provisions of the principal Act and rules made thereunder the assessment of tax on designated omnibus for any period, or

(b) from claiming refund of any tax paid by him on designated omnibuses in excess of the amount due from him under the principal Act and the rules made thereunder.

INDEX PART- IV]

10-5 GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

(1 ) Subject to the other provisions of the principal Act as amended 9. by this Act -

Levy of tax on designated omnibuses .

(a) on and from 1st day of April , 1991 till the 31st day of July, 1995 there shall be deemed to have been levied and collected on all designated omnibuses which were used or kept for use in the State during the said period a tax at the rates specified in the table below: -

TABLE

Annual rate of tax

Description of designated omnibuses

1. Ordinary designated omnibuses Rs.1500 for every passenger which the vehicle was licensed to carry.

2. Luxury or tourist designated omnibuses

Rs.2700 for every passenger which the vehicle was licensed to carry.

(b) (i) on and from 1stday of August, 1995 till the 31st day of March , 2000 there shall be deemed to have been levied and collected on all designated omnibuses which were used or kept for use in the State during the said period, a tax at the rates specified in the table below: -

TABLE

Annual rate of tax

Description of designated omnibuses

Rs.2000 for every passenger which the vehicle was licensed to carry.

1 ( a) Ordinary designated omnibuses licensed to carry not more than twenty passengers

(b) Ordinary designated omnibuses licensed to carry more than twenty passengers

Rs.3000 for every passenger which the vehicle was licensed to carry.

Luxury or tourist designated omnibuses licensed to carry more than twenty passengers

Rs.4000 for every passenger which the vehicle was licensed to carry .

(ii ) there shall be deemed to have been levied and collected on all luxury or tourist omnibuses used or kept for use in the State and licensed to carry not more than twenty passengers a tax

(a) during the period commencing on and from 1st day of August , 1995 and ending on the 31st day of March , 1996 at the annual rate of Rs . 3600 for every passenger which the vehicle was licensed to carry, and

(b) during the period commencing on and from 1st day of April , 1996 and ending on the 31st day of March , 2000 at the

INDEX [PART- IV GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

10-6

annual rate of Rs . 3000 for every passenger which the vehicle was licensed to carry ;

(c) on and from 1st day of April , 2000 till the 24th day of October , 2000 , there shall be deemed to have been levied and collected on all designated omnibuses which were used or kept for use in the State during the said period , a tax at the rates specified in the table below: -

TABLE

Annual rate of tax

Description of designated omnibuses

Rs.3000 for every passenger which the vehicle was licensed to carry.

( a) Ordinary designated omnibuses licensed to carry not more than twenty passengers :

(b) Ordinary designated omnibuses licensed to carry more than twenty passengers

Rs.4500 for every passenger which the vehicle was. licensed to carry.

2 (

Rs.4500 for every passenger which the vehicle was licensed to carry.

a) Luxury or tourist designated omnibuses licensed to carry not more than twenty passengers

(b) Luxury or tourist designated omnibuses licensed to carry more than twenty passengers

Rs.6000 for every passenger which the vehicle was licensed to carry.

(d) on and from 25th day of October , 2000 till the 16th day of August , 2001 there shall be deemed to have been levied and collected on all designated omnibuses which were used or kept for use in the State during the said period , a tax at the rates specified in the table below: -

TABLE

Annual rate of tax

Description of designated omnibusës

Rs.2700 for every passenger which the vehicle was licensed to carry.

1 (a) Ordinary designated omnibuses licensed to carry. not more than twenty passengers

Rs.4050 for every passenger which the vehicle was licensed to carry .

(b) Ordinary designated omnibuses licensed to carry more than twenty passengers

Rs.4500 for every passenger which the vehicle was licensed to carry.

(a) Luxury or toürist designated omnibuses licensed to carry not more than twenty passengers :

(b ) Luxury or tourist designated omnibuses licensed to carry more than twenty passengers

Rs.6000 for every passenger which the vehicle was licensed to carry .

INDEX 10-7 GUJARAT GOVERNMENT GAZETTE EX.31-3-2002

PART - IV]

(2) Subject to the other provisions of the principal Act as amended by this Act there shall be levied and collected on all designated, omnibuses used or kept for use in the State , a tax at the rates specified in the table below till the rates are fixed by the State Government , by notification in the Official Gazette, under section 3 of the principal Act as amended by this Act: -

TABLE

Annual rate of tax

Description of designated omnibuses

1 (a) Ordinary designated omnibuses licensed to carry not more than twenty passengers

Rs.2700 for every passenger which the vehicle is licensed to carry.

(b) Ordinary designated omnibuses licensed to carry more than twenty passengers

Rs.3600 for every passenger which the vehicle is licensed to саггу.

2 (a) Luxury or tourist designated omnibuses licensed to carry not more than twenty, passengers

Rs.4500 for every passenger which the vehicle is licensed to carry.

(b) Luxury or tourist designated omnibuses licensed to carry more than twenty passengers

Rs.6000 for every passenger which the vehicle is licensed to carry.

Explanation I.- For the purposes of this section and section 10 "designated omnibus " means an omnibus which is used or kept for use in the State exclusively as contract carriage ;

Explanation II. - For the purposes of this section "Luxury designated omnibus " means any omnibus having seating layout of two and two or one and three or one and two or one and one on either side with a gangway of any width in between though any one row of seats in such omnibus may consist of more than four seats .

Guj . 9 of 2002 .

Adjustment of the amount of tax paid on designated under section) 3 of the principal Act. omnibuses 10. Any amount of tax paid on designated omnibuses under section 3 of the principal Act read with clause IV in Part - I of the First Schedule thereof in respect of the period commencing from the 17th day of August, 2001 and ending on the date of the first publication of the Bombay Motor Vehicles Tax (Gujarat Amendment and Validation) Act , 2002 in the Official Gazette or part of such period shall be reckoned as the amount of tax paid on such designated omnibuses in respect of the said period or part thereof under sub- section (2) of section 9 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX G/ GNR/ 2

REGISTERED No. Extra No. 11 .

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SATURDAY, APRIL 6 , 2002/ CAITRA 16 , 1924

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 6th April , 2002 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 2002 .

( First published , after having received the assent of the Governor in the "GujaratGovernment Gazette ", on the 6th April , 2002) .

AN ACT

further to amend the Gujarat Regularisation of Unauthorised Development

Act, 2001 .

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

1. ( 1 ) This Act may be called the Gujarat Regularisation of Unauthorised Development ( Amendment ) Act , 2002.

Short title and commence-

(2) It shall be deemed to have come into force on the 25th November , ment .

2001 .

of section 3 ofGuj .23 of 2. In the Gujarat Regularisation of Unauthorised Development Act . Amendment Guj . 23 of 2001 ( hereinafter referred to as "the principal Act " ) . in section 3. in sub- section ( 2 ) , after clause ( a) , the following shall be inserted , namely: --- 2001 .

" ( aa ) Where an unauthorised development in urban development

IV-Ex- 11-1

INDEX 11-2

GUJARAT GOVERNMENT GAZETTE , EX . , 6-4-2002

[PART IV

area or development area has been carried out at any time before the 22 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 ." .

3. In the principal Act , in section 5, -

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

Amendment of section 5 ofGuj .23 of 2001 .

" ( 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

A ( 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.

4. In the principal Act , in section 9 , in sub - section ( 2 ) , after - clause. ( c ) . following clause shall be inserted , namely :

Amendiment of section 9 the ofGuj . 23 of 2001

( 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 : " .

Repeal and savings .

5. ( 1 ) The Gujarat Regularisation of Unauthorised Development (Amendment ) ( Second) Ordinance , 2001 is hereby repealed ..

Guj . Ord . 8 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.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, APRIL 6, 2002/ CAITRA 16 , 1924

Vol . XLIII ]

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 6th April , 2002 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 2002 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 6th April , 2002) .

AN ACT

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

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

1. ( 1 ) This Act may be called the Gujarat Town Planning and Urban Development ( Amendment ) Act , 2002.

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 12th December, 2001 .

IV.Ex.12-1

12-1

INDEX 12-2

GUJARAT GOVERNMENT GAZETTE , EX.,6-4-2002

[PART - IV

President's Act27 of 1976 .

2 . In the Gujarat Town Planning and Urban Development Act , 1976 ( hereinafter referred to as " the principal Act " ) , in section 6B , in sub- section ( 4) , for the words , brackets and figure " sub - section ( 1 ) " ; the words , brackets and figure " sub - section ( 2 ) " shall be substituted.

Amendment of section 6B of President's Act 27 of 1976.

3 . In the principal Act, in section 17 , in sub- section ( 1 ) , the proviso to clause ( e ) shall be deleted.

Amendment of section 17 of President's Act 27 of 1976 .

4. In the principal Act , to section 47 , the following proviso shall be added . namely

Amendment of section 47 of President's- Aet 27 of 1976 .

"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. 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.

Amendment of section 65 of President's Aet 27 of 1976 .

In the principal Act, in section 118 ,-

Amendment of 6 . section 118 of President's Act 27 of 1976.

( 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 ; " .

Repeal and 7 . savings.

( 1 ) The Gujarat Town Planning and Urban Development ( Amendment ) ( Second ) Ordinance . 2001 is hereby repealed..

Guj . Ord . 9 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.

Government Central Press , Gandhinagar .

INDEX Extra No. 13

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

and of pollid

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SATURDAY, APRIL 6 , 2002/ CAITRA 16 , 1924

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

PART - IV

Acts of the Gujarat Legislat ure and Ordinances promulgated and regulations made by the Governor

The followingAct of the Gujarat Legislature , having been assented to by theGovernor on the 6th April , 2002 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 2002.

(Firstpublished , after having received the assent of the Governor in the "GujaratGovernment Gazette ", on the 6th April , 2002) .

AN ACT

to provide for the constitution of a State level Commission for women and for the matters connected therewith or incidental thereto .

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

1. (1 ) This Act may be called the Gujarat State Commission for Women Act, 2002.

Short title, extent and commence- ment.

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

(3) It shall be deemed to have come into force on the 29th December , 2001 .

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

Definitions .

(a) "Commission " means the Gujarat State Commission for Women constituted undersection 3;

(b) "member " means a member of the Commission and includes the Chairperson and the member- secretary;

IV-Ex- 13-1

13-1

INDEX [PART- IV GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

13-2

(d) "women" includes female -child and adolescent girl .

Constitution ofCommis- sion.

(1 ) The State Government 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;

(b) five members to be nominated by the State Government from amongst persons of ability, integrity and standing , who have served the cause ofwomen 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, Women and Child Development Department,

(iii) Secretary to Government, Finance Department ,

(iv) Secretary to Government, Legal Department,

(v) Secretary to Government (Family Welfare) , Health and Family WelfareDepartment,

(d) oneMember- secretary to be nominated by the State Government from amongst the officers of the State Government, who is not below the rank of Joint Secretary to Government .

INDEX 13-3 GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

PART- IV]

4. (1) The Chairperson and the members other than those nominated by virtue of their office shall hold office for a period of three years .

Terms of officeand conditions of service of Chairperson andmem- bers.

(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.

Resignation ofChairper- sonand member.

5. 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 .

Removal of Chairperson andmember.

6. 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 , if he ,-

(a) is or has become subject to any disqualification mentioned in section7;

(b) remains absent, without leave of the Commission for more than three consecutive meetings of the Commission;

(4) in the opinion of the State Government , has so abused the position ofthe 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:

Providedthat 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. Aperson 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;

Disqualifica- tionfor being Chairperson ormember.

(b) is convicted and sentenced to imprisonment for an offence which , in the opinion of the State Government, involves moral turpitude ;

vacancies. Filling up of 8. Avacancy arising by reason of death , resignation or removal of the Chairperson or any member under section 6 or otherwise shall be filled up inaccordance with the provisions contained in section 3 .

INDEX 13-4

GUJARAT GOVERNMENT GAZETTE EX.6-4-2002 UD

[PART- IV

Officers and other employees of Commission.

9. (1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act .

(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.

Salaries and allowances to bepaid out of grants.

10. 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. (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 .

Defect in appointment ofChairper- son or member not to invalidate acts or proceedings . (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 tobe a Chairperson or a member or that there was any other defect in his nomination.

12. ( 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- Constitution ofadhoc committee.

(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. (1 ) The Commission or ad hoc Committee thereof shall meet at such time and such place as the Chairperson may think fit:

Procedure to beregulated by Commis- sion.

Provided that the Commission shall meet at least every quarter .

(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 .

INDEX PART- IV]

GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

13-5

(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. (1) The Commission shall have the following functions , namely:-

Functions of Commission.

(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;

(c) to make in such reports recommendations for the effective implementation of such safeguards for improving the conditions of womenby the State ;

(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 ofwomen'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 as to recommend strategies for theirremoval;

(h) toundertake promotional and educational research for the purposes of,-

Hb-45-2

INDEX [ PART - IV- DIAS

TAMALUD

GUJARAT GOVERNMENT GAZETTE EX.6-4-200200

13-6

(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 ofwomen;

(j ) 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 of women;

(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.

15.

Powers of Commission.

V of 1908 .

The Commission shall , for the purposes of any inquiry under this Act, 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;

pudinabi or bas

( c ) receiving evidence on affidavits ;

(d) requisitioning any public records or copy thereof from any public

bna

(e) issuing commissions for examination of witnesses:

S-a -dH

INDEX 8-21

TASLALUD

13-7 GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

PART- IV]

Provided that the Commission shall not exercise aforesaid powers in respect of the matter which might be in conflict with said ISTSUSD106to matter pending before the court of law .

16.

00 The State Government may consult the Commission in respect of major policymatters affecting women .

Consultation withCom- mission .

action taken ingoodfaith. Protection of 17. 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 Act or the rules or orders made thereunder.

18. (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 Act.a

Grants by State Government.

Introge has (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 Act.

(3) The Commission may spend such sums as it thinks fit for the performance of the functions under this Act out of the grants made to it and such sum shall be treated as the expenditure out of the grants .

19. ( 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.

Preparation and submis- sion of programme ofwork and annual statement of accounts.

(2) The programme of its work shall contain ,

(i) activities to be taken during the succeeding year ;

(ii) such other particulars as may be prescribed.

mogen Nhun (3) The annual statement of accounts shall contain a statement showing the receipt and expenditure on capital and revenue accounts for the next year .

bial adol

(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 13-8-

GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

[PART- IV

TARATUO

Accounts and audit.

20. (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 ofthe State at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant- General .

(3) The Accountant General and any person appointed by him for the purpose ofthe audit ofthe accounts of the Commission under this Act 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 .

Concurrent and special auditof accounts.

21. (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 .

Annual report.

22. The Commission shall prepare , its annual report for each financial year givinga 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. The State Government shall cause ,-

Annual reportand auditreport tobe laid beforeState Legislature.

( 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

INDEX PART - IV]

GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

13-9

(2) the audit report

to be laid as soon as may be , after the reports are received , before the StateLegislature.

24. The Chairperson , members , officers and other employees of the Commission shall be deemed, when acting or purporting to act in pursuance ofany of the provisions of this Act, to be public servants within the meaning ofsection 21 of the Indian Penal Code .

XLV of1860.

Chairperson , members and staff of Commission tobepublic servants .

Power to makerules.

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

(2) Inparticular, 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- 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 section19;

(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 Act .

(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 shallbe 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 .

Hb-45-3

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GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

[PART- IV 13-10

Powerto remove difficulties .

26. (1) Ifany 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 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 Act.

(2) Every order made under this section shall , as soon as may be , after it is made, be laid before the State Legislature .

27. The StateGovernment may, if it thinks fit, give directions to the Commission for carrying out execution of any of the provisions of this Act and the Commission shall be bound by such directions .

Powerof State Government togive directions.

Guj .Ord. 10 of2001.

Repeal and savings.

28. (1) The Gujarat State Commission for Women Ordinance , 2001 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.

Governement Central Press , Gandhinagar.

INDEX VI TRA

REGISTERED No. G/GNR/ 2 Extra No. 14

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SATURDAY, APRIL 6, 2002 /CAITRA 16 , 1924

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 6th April , 2002 is hereby published for general information .

V. M. KOTHARE ,

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

GUJARAT ACT NO. 13 OF 2002 .

(Firstpublished, after having received the assent of the Governor in the "GujaratGovernment Gazette ", on the 6th April , 2002) .

AN ACT

further to amend the Gujarat Co- operative Societies Act, 1961 .

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

1. ( 1 ) This Act may be called the Gujarat Co- operative Societies (Amendment) Act , 2002 .

Short title and commence- ment .

(2) It shall be deemed to have come into force on the 22nd January , 2002.

Guj. X of 1962.

2. In the Gujarat Co - operative Societies Act , 1961 ( hereinafter referred to as " the principal Act " ) , after Chapter XA , the following Chapter shall be inserted, namely :-

Insertion of new Chapter XB in Guj . X of1962.

IV-Ex.- 14-1

14-1

due to anoiserong

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 6-4-2002

14-2

"CHAPTER XB

CERTAIN OTHER PROVISIONS RELATING TO URBAN

CO - OPERATIVE BANKS

Definitions .

115B . In this Chapter , unless the context otherwise requires,-

(a) "Bank " means an Urban Co - operative Bank ;

(b) " committee " means a committee of an Urban Co- operative Bank;

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

(e ) " member of a family " in relation to a committee member means a wife or , as the case may be , a husband, father , mother , son who is dependent for his maintenance and unmarried daughter;

10 of1949.

(f) "Urban Co- operative Bank " means a society registered under this Act and doing the business of banking, as defined in clause (b ) of section 5 of the Banking Regulation Act, 1949 .

Qualifications

115C . ( 1 ) A person shall not be eligible for being chosen as a committee member unless he ,-

(a) is continuously a member of the bank for a period of not less than three years and continues to be such member, and

and disqualifica- tions for being committee member.

(b) has deposited in the bank an amount of not less then twenty thousand rupees and continues to so deposit .

(2) (a) A person shall be disqualified for being a committee member if he ceases to possess any of the qualifications mentioned in clauses ( a) and (b) of sub -section (1) .

(b) A person shall be disqualified for being chosen as or for being a committee member ,-

(i) if such a person has made default in repayment of any loan taken from any bank or other society,

(ii) if a company in which the person or any member of his family has any interest has made default in repayment of any loan taken from any bank or other society after the date when repayment of the loan has become due ,

(iii) if such person is convicted of an offence under section 115H .

(3) Acommittee member shall cease to hold office as such if at any time during the term of office , he becomes disqualified for being a committee member by reason of the provisions of sub - section (2) .

INDEX 14-3 GUJARAT GOVERNMENT GAZETTE , EX . , 6-4-2002

PART IV]

(4) If any question arises as to whether a committee member has ceased to hold office as such under sub - section (3), the Registrar may after giving an opportunity to the committee member of being heard , determine the question and where the Registrar determines that a committee member has ceased to hold office , may by order remove such committee member .

Right to vote .

Term of office of officers .

115E. ( 1 ) A Chairman , Vice- chairman or Managing Director (if such Director is elected) of a committee shall, unless he resigns or is removed earlier , be entitled to hold office continuously for not more than two terms .

(2) A person who has held the office of a Chairman or Vice- chairman or Managing Director ( if he is elected) continuously for two terms , shall be eligible to hold that office after a lapse of a period of not less than two terms after he ceases tohold that office .

Explanation- I-For the purpose of this section , the expression, "term" means a term consisting of three years commencing from thedate of the first meeting of a committee in which a Chairman, Vice- chairman or , as the case may be , Managing Director (if he is elected) is elected .

Guj. 13 of 2002.

Explanation - II- Where any person holding the office of the Chairman, Vice- Chairman or Managing Director (if such Director is elected) of a Committee for a period exceeding three years but not exceeding six years at the commencement of the Gujarat Co- operative Societies (Amendment) Act, 2002 is again elected to that office after such commencement , he shall , for the purpose of this section, be deemed to have held office for one term before such election

115F. A committee shall ensure that -

Ensurance of certain things by committee.

(b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 ;

47 of 1961.

(c) defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise are remedied;

(d) action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due ;

(e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered;

(f) civil and criminal proceedings against a person who, in the opinion of the committee , has misappropriated any fund of the bank are initiated ;

INDEX 14-4

GUJARAT GOVERNMENT GAZETTE , EX . , 6-4-2002

[PART IV

10 of 1949.

(g) the provisions of sections 18 and 24 of the Banking Regulation Act, 1949 as applicable to co -operative societies and of section 71 are complied with and if in its opinion any of the said provisions is contravened, such contravention is forthwith reported to the Registrar.

Urban Bank Credit Equalization Fund.

115G. ( 1 ) There shall be established by the Gujarat State Co-operative Bank Limited (hereinafter in this section reffered to as " the State Co- operative Bank " ) a fund called " Urban Bank Credit Equalization Fund " consisting of payments made into it under sub - section (2) .

(2) After providing for the reserve fund as provided in section 67 , for the dividend as provided in section 68 , for the educational fund as provided in section 69 and for contribution for the public purpose as provided in section 70, the bank shall each year set aside a sum of fifteen per cent . of its profits and pay the same to the Sate Co- operative Bank for the purpose of crediting it into the Urban Bank Credit Equalization Fund .

(3) The Urban Bank Credit Equalization Fund shall be maintained and utilised by the State Co- operative Bank in such manner as may be prescribed .

115H. ( 1) ( a) It shall be an offence if a committee fails to comply with the provisions of any of the clauses ( a) to (g ) of section 115F .

Offences and their punishment and cognizance.

(b) It shall be an offence if a committee fails to ensure that information under clause ( a) of section 115F is true .

(2) Where an offence under this section has been committed by a committee of a bank , every person who , at the time the offence was committed , was a member of such committee, 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 as provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence .

(3) Every committee member who is deemed to be guilty of an offence under sub - section ( 1 ) , read with sub - section (2) shall , on conviction , be punished , -

(a) If it is an offence under clause ( a ) of sub - section ( 1 ) for failure to comply with the provisions of-

INDEX 100

14-5 GUJARAT GOVERNMENT GAZETTE , EX . , 6-4-2002

PART IV ] of

(i ) clause ( a) of section 115F with fine which may extend to twenty thousand rupees ;

(ii) clause (b) of section 115F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;

bsi

(iii) clause (c) of section 115F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;

(iv) clause (d) of section 115F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both ;

(v) clause (e) of section 115F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both ;

(vi) clause (f) of section 115F with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both ;

(vii ) clause ( g) of section 115F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or withboth.

(b) If it is an offence under clause (b ) of sub - section ( 1 ) , with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both .

(c) If it is an offence under clause (c) of sub - section ( 1 ) , with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both .

(4) Whoever after having been convicted of an offence under clause ( a) of sub - section ( 1 ) for failure to comply with the provisions of clause (a) of section 115F is again convicted thereunder shall , on every such conviction , be punished with fine which may extend to fifty thousand rupees .

(5) Whoever , after having been convicted of an offence under clause ( a) of sub - section ( 1) for failure to comply with the provisions of clause (c) of section 115F continues to commit such offence shall be punished for each day after the first, during which he continues so to offend , with fine which may extend to one thousand rupees .

(6) No court inferior to that of the Metropolitan Magistrate or the Magistrate of the First Class shall try any offence under this section .

IV-Ex.-14-2

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX . ,6-4-2002

14-6

2 of 1974 .

(7) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 , it shall be lawful for the Metropolitan Magistrate or the Magistrate of the First Class to pass a sentence of imprisonment or a fine on any person in excess of his powers under section 29 of that Code .

(8) No procecution under this section shall be lodged except with the previous sanction of the Registrar .

115 I. The provisions of section 84 shall apply to a specified bank as if in sub - section ( 1 ) of that section , for the words " at least once in each year " , the words " at least once in each quarter of a year " had been substituted.

Application ofthe provisions of section 84 to specified bank.

Explanation . For the purpose of this section , the expression , " specified bank " means ,-

(i) a bank having deposits of not less than fifty crores rupees ;

2of1934.

(ii ) a bank which is a Scheduled Bank within the meaning of clause (e) of section 2 of the Reserve Bank ofIndia Act , 1934.

115J . The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained in the other provisions of this Act or the rules made thereunder or the byelaws of the bank .

Chapter to override other provisions of Act.

Savings .

Guj.13 of2002.

115K. Nothing in sub - section (2) of section 115C shall apply to a person who is a committee member on the date of the commencement of the Gujarat Co - operative Societies (Amendment) Act, 2002 .

Transitory provision.

Guj . 13 of 2002.

115L . Notwithstanding anything contained in this Act or the rules made thereunder or the bye - laws of the bank , a person who at the commencement of the Gujarat Co - operative Societies (Amendment) Act, 2002 is holding the office of the Chairman , Vice-chairman or Managing Director ( if such Director is elected) of a committee continuously for a period not less than six years shall , unless he resigns or is removed earlier , cease to hold that office either on the date when the new Chairman , Vice - chairman or, as the case may be , Managing Director is elected or on the 30th June , 2002, whichever is earlier . " .

Guj . Ord. 1of2002.

Repeal and savings .

( 1 ) The Gujarat Co - operative Societies (Amendment ) Ordinance , 2002 is hereby repealed .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 15

REGISTERED No. G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII]

SATURDAY, APRIL 6, 2002/CAITRA 16, 1924

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

PART - IV

Acts of the Gujarat Legislature and Ordinances promulgated and regulations made by the Governor

The following Act of the Gujarat Legislature , having been assented to by theGovernor on the 6th April , 2002 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 2002 .

(Firstpublished, after having received the assent of the Governor in the "GujaratGovernment Gazette " , on the 6th April , 2002) .

AN ACT

further to amend the Gujarat Secondary Education Act , 1972 .

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

Short title and commencement.

2002. 1. (1 ) This Act may be called the Gujarat Secondary Education (Amendment ) Act,

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

Guj. 18 of 1973 .

2. In the Gujarat Secondary Education Act, 1972 ( hereinafter referred to as " the principal Act" ) , in long title , after the word " secondary " , the words " and higher secondary" shall be inserted .

Amendment oflongtitleof Guj. 18 of 1973.

3. In the principal Act, in section 1, in sub - section ( 1 ) , after the word " Secondary " , the words " and Higher Secondary " shall be inserted .

Amendment of section 1 of Guj . 18 of 1973.

IV- Ex .-15-1

15-1

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 6-4-2002

15-2

4. In the principal Act, in section 2, -

Amendment of section 2 of Guj . 18 of 1973.

(1) in clause (b ) , after the word " Secondary", the words " and Higher Secondary " shall be inserted;

(2) in clause (g ), -

(i) after the words "Government secondary school " , the words " or a Government higher secondary school " shall be inserted;

D (ii) after the words " private secondary school " , the words " or private higher secondary school " shall be inserted;

(3 ) in clause (h) , after the words " secondary school " , the words " or of a higher secondary school " shall be inserted;

(4) after clause (h) , the following clauses shall be inserted , namely: -

"(hh) "higher secondary education " means education including post basic education from eleventh standard to twelfth standard;

(hhh) "higher secondary school " means a school imparting higher secondary education ;

(hhhh) "Higher Secondary School Certificate Examination " means an examination of the students in the twelfth standard; " ;

(5) in clause (1 ) , after the words " secondary education " , the words " or higher secondary education " shall be inserted;

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

"(nn) "private higher secondary school " means higher secondary school which is not owned , managed or sponsored by the Central or State Government; " ;

(7) in clause (r) , after the words " Secondary Schools " , the words " or the Register of Higher Secondary Schools " shall be inserted;

(8) in clause (s ) , after the words " a secondary school " , the words " or a higher secondary school " shall be inserted;

(9) for clause (u), the following clause shall be substituted , namely: -

"(u) " secondary education " means education including post basic education from eighth standard to tenth standard; " ;

(10) for clause (w) and the Explanation thereunder , the following clause shall be substituted , namely: -

"(w) " Secondary School Certificate Examination " means an examina- tion of the students in the tenth standard;" .

5. In the principal Act , in section 3 , -

Amendment of section 3 of Guj.18 of 1973.

(1) in sub - section ( 1 ) , after the word " Secondary " , the words " and Higher Secondary " shall be inserted;

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

(a) under the heading " Class A- Ex- Officio Members . " , for clauses (i) to (x), the following clauses shall be substituted, namely:-

"(i) The Commissioner of Higher Education .

(ii) The Commissioner of Schools and Mid-day meal .

(iii) The Director of Technical Education .

(iv) The Joint Director ( 10+2) .

(v) The Director of Primary Education.

INDEX 15-3 PART IV]

GUJARAT GOVERNMENT GAZETTE, EX . , 6-4-2002

(vi) The Director, Gujarat State Board of School Text Books .

(vii) The Director, Gujarat State Council of Educational Research andTraining.

(viii) The Director of Employment and Training .

(ix) Two officers of Education Department not below the rank ofDeputy Secretary as designated by the State Government .

(x) The Chairman , State Board of Examination.

(xi) The Chairman, Technical Education Board.

(xii) The Secretary , Post Basic Education Board .

(xiii) The Director of Examination , Gujarat Secondary and Higher Secondary Education Board.

(xiv) The Director , Gujarat State Institute of Educational Technology.

(xv) The Officer on Special Duty, Gujarat Secondary and Higher Secondary Education Board ." ;

(b) under the heading " Class B- Elected Members " , -

(i) after clause (vi - a) , the following clause and Explanation thereunder shall be inserted , namely : -

"(vi - ab ) One member elected by non - teaching staff of registered secondary and higher secondary schools from amongst themselves .

Explanation. The member elected under clauses ( iv - a) and (iv-ab) shall not be eligible to be nominated as the member of the school staff selection committee for teachers and principals." ;

(ii) after clause (vi - aa) , the following clause shall be inserted , namely:-

"(vi - aaa ) One member elected from amongst teachers of Government secondary and higher secondary schools .";

(iii) for clause ( vii ) , the following clause shall be substituted, namely:-

XXI of1860. Bom. XXIX of1950.

"(vii) four members elected by the representatives of the management of registered Secondary and Higher Secondary Schools registered under the Societies Registration Act , 1860 and the Bombay Public Trusts Act, 1950 from amongst themselves in such manner as may be prescribed." ;

(iv) clause (viii ) shall be deleted;

(v) in clause (ix ) and in para ( 1 ) of the after the words " secondary sch registered private higher secondary inserted; ination thereunder , the words " and schools " shall be

(vi) in clause (ix) , in the Explanation, in para (2) , after sub - para (b) , the following sub - para shall be added , namely :-

"(c) A member of the Parent's Association shall cease to be such member on completion of his child's Secondary or , as the case may be , higher secondary education . " ;

(vii) in clause (x ) , -

(i) in the third proviso, after the word " schools " , the words "and registered private higher secondary schools " shall be inserted;

INDEX 15-4

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 6-4-2002

(ii) in the fourth proviso, -

(a) after the words " private secondary schools " , the words " registered private higher secondary schools" shall be inserted;

(b) for the words " registered secondary schools ", the words " registered schools " shall be substituted .

6. In the principal Act , in section 8, in clause ( a) , in sub - clause ( i ) , for the words " Secondary School Certificate Examination", the words " Secondary School Certificate Examination ,the Higher Secondary School Certificate Examination " shall be substituted.

Amendment of section 8 of Guj . 18 of 1973.

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

Amendment of section 17 ofGuj . 18 of 1973.

(1) in clause ( 1 ) , after the words " secondary education" wherever they occur , the words " and higher secondary education " shall be inserted;

(2) in clauses ( 2) , (6 ) , and ( 8 ) , after the words " secondary education " , the words " and higher secondary education" shall be inserted;

(3) in clause (7 ) , after the words " secondary school " , the words " or higher secondary school " shall be inserted;

(4) in clause ( 16) , after the words " secondary schools " , the words " and registered private higher secondary schools " shall be inserted;

(5) after clause ( 16) , the following clause shall be inserted , namely: -

"( 16A) to direct the school managements and the staff of the registered schools to perform the duties related to examination conducted by the Board ." ;

(6) after clause( 17) , the following clause shall be inserted , namely: -

"( 17A) to register , in accordance with the prescribed procedure , higher secondary school for teaching such subjects in standards eleventh and twelfth leading to the Higher Secondary School Certificate Examination as it deems fit and to grant permission for opening additional divisions of existing standards in such schools ;" ;

(7) in clause (18 ) , after the words " secondary schools " , the words " or higher secondary schools " shall be inserted;

(8) in clause (26 ) , after the words " secondary schools " , the words " and registered private higher secondary schools " shall be inserted;

(9) in clauses (27) to ( 33 ) , for the words "Secondary School Certificate Examination" , the words " Secondary School Certificate Examination , the HigherSecondary School Certificate Examination " shall be substituted ;

(10) in clause (34 ) , after the words " Secondary School Certificate Examination" , the words " and the Higher Secondary School Certificate Examination " shall beadded;

(11) in clause (36 ) , for the words " Secondary School Certificate Examination " , the words " Secondary School Certificate Examination , the Higher Secondary School Certificate Examination " shall be substituted;

(12) in clause(42) , after the words " secondary school " , the words " and registered private higher secondary school " shall be inserted .

8. In the principal Act, in section 18 , in sub- section ( 1 ) , for the words "Executive Committee" , the words "Executive Committee , Education Committee " shall be substituted.

Amendment of section 18 ofGuj . 18 of 1973 .

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE , EX. , 6-4-2002

15-5 9. In the principal Act , in section 31 , -

( 1) in sub - section ( 1 ) , after the words " secondary education " , the words " or higher secondary education " shall be inserted;

Amendment of section31 ofGuj . 18 of 1973.

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

Guj . 14of 2002.

"(2A) As soon as may be after the commencement of the Gujarat Secondary Education (Amendment) Act, 2002 , the Board shall prepare and maintain thereafter, a register of Higher Secondary Schools in accordance with the provisions of this Act; " ;

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

(a) after the words " secondary education " , the words " or higher secondary education " shall be inserted;

(b) after the words " secondary schools " , the words " or , as the case may be, higher secondary schools" shall be inserted;

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

Guj .14 of 2002.

"(5A) Notwithstanding anything contained in sub - section (4) , the name of every higher secondary school which immediately before the commencement of the Gujarat Secondary Education (Amendment) Act, 2002, is a recognised school shall be entered in the register and shall be deemed to have been entered in the register from the date of such commencement and shall continue thereon until removed under the provisions of this Act; " ;

(5) in sub - section ( 7) , after the words " secondary schools " , the words " and higher secondary schools " shall be inserted;

(6) in the marginal note , after the words " secondary education " , the words " and higher secondary education" shall be inserted .

10. In the principal Act , in section 33 , in sub - section ( 1 ) , after the words "registered private secondary school", the words " or registered private higher secondary school " shall be inserted.

Amendment of section 33 ofGuj . 18 of 1973 .

11. In the principal Act, in section 34, -

Amendment of section 34 ofGuj . 18 of 1973.

(1) in sub - section ( 1 ) , after the words " registered private secondary school " , the words " and a registered private higher secondary school " shall be inserted;

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

( a) after the words " registered private secondary schools " , the words " and registered private higher secondary schools " shall be inserted;

(b) in the second proviso , after the words " any registered private secondary school " , the words " or registered private higher secondary school " shall be inserted;

(3) in the marginal note , after the words " registered private secondary schools " , the words " or registered private higher secondary schools" shall be inserted.

12. In the principal Act, in section 35, -

(1) in sub - section ( 1 ) , after the words "registered private secondary school" , the words" and every registered private higher secondary school " shall be inserted;

Amendment ofsection 35 of Guj . 18of 1973.

(2) in the marginal note , after the words " registered private secondary schools" , the words " and registered private higher secondary schools " shall be inserted.

IV-Ex.-15-2

INDEX [PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 6-4-2002

13. In the principal Act, in section 41 , in sub - section (1 ) , after the words " registered private secondary school " , the words " or registered private higher secondary school " shall be inserted.

15-6 Amendment of section 41 of Guj . 18 of 1973.

14. In the principal Act, in section 44, in sub- section ( 1 ) , after the words "registered private secondary school " , the words " or registered private higher secondary school" shall be inserted .

Amendment of section 44 of Guj. 18 of 1973.

Amendment ofsection 53 of Guj . 18 of 1973 .

15. In the principal Act , in section 53, in sub - section (2) , in clause ( f) , for the words " Secondary School Certificate Examination " , the words " Secondary School Certificate Examination , Higher Secondary School Certificate Examination " shall be substituted..

16. ( 1) Any reference to the Gujarat Secondary Education Board in any law for the time being in force or in any instrument or other document shall be construed as a reference to the Gujarat Secondary and Higher Secondary Education Board.

Construction of references to Gujarat Secondary Education Board in laws , etc.

(2) Any act done by or any suit or other proceeding filed by or against the Gujarat Secondary Education Board before the commencement of this Act shall be deemed to have been done or , as the case may be , filed by or against the Gujarat Secondary and Higher Secondary Education Board.

Transitory provision.

17. The Gujarat Secondary Education Board functioning immediately before the commencement of this Act shall , notwithstanding that its constitution has been rendered inconsistent with the provisions of the principal Act as amended by this Act continue after such commencements subject to other provisions of the principal Act as amended bythisAct.

18. Each of the Acts specified in the second column of the Schedule shall be amended in the manner and to the extent , specified against it in the third column thereof.

Amendment ofcertain provisions of Acts relating to certain Universities in the State.

INDEX 15-7

GUJARAT GOVERNMENT GAZETTE , EX. , 6-4-2002

PART IV]

SCHEDULE

(See section 18)

Shorttitle

Sr. No.

1. The Maharaja Sayajirao University of Baroda Act , 1949.

(Baroda Act XVII of 1949 )

2. The Gujarat University Act, 1949.

(Bom . L of 1949)

3. The Sardar Patel University Act, 1955.

(Bom. XL of 1955)

4. The South Gujarat University Act, 1965 .

(Guj . 38 of 1965)

INDEX

Extent of Amendment

Insection 44, in clause ( i ) , -

(a) the words " in the eleventh standard" shall be deleted;

(b) for the words " conducted by the Secondary School Certificate Examination Board " , the words "conducted by the Gujarat Secondary and Higher Secondary Education Board" shall be substituted .

In section 42, in clause ( i ) , -

(a) the words " in the eleventh standard" shall be deleted;

(b) for the words " conducted by the Secondary School Certificate Examination Board" , the words "conducted by the Gujarat Secondary and Higher Secondary Education Board" shall be substituted.

(1) In section 15, under the heading "I. Ex - Officio fellows " , in paragraph (B) , for clause (xiii ) , the following clause shall be substituted, namely: -

"(xiii ) The Chairman of the Gujarat Secondary and Higher Secondary Education Board" .

(2) In section 33 , in clause (i ) , -

(a) the words " in the eleventh standard" shall be deleted;

(b) for the words " conducted by the Secondary School Certificate Examination Board" , the words " conducted by the Gujarat Secondary and Higher Secondary Education Board " shall be substituted .

(1) In section 16, in sub - section (1 ) , under the heading " Class I - Ex - Officio Members " , in paragraph ( B ) , for clause ( vi ) , the following clause shall be substituted, namely: -

"( vi ) The Chairman of the Gujarat Secondary and Higher Secondary Education Board" .

(2) In section 43 , in clause (i ) , -

(a) the words " in the eleventh standard" shall be deleted;

15-8

[PART IV GUJARAT GOVERNMENT GAZETTE , EX . , 6-4-2002

(b) for the words " conducted by the Secondary School Certificate Examination Board" , the words " conducted by the Gujarat Secondary and Higher Secondary Education Board" shall be substituted ,

5. The Saurashtra University Act, 1965 .

(Guj . 39 of 1965 )

(1) In section 16 , in sub - section ( 1 ) , under the heading "Class I - Ex - Officio Members" , in paragraph ( B) , for clause ( vi ) , the following clause shall be substituted , namely:-

"(vi) The Chairman of the Gujarat Secondary and Higher Secondary Education Board" .

(2) In section 43 , in clause (i) , -

(a) the words " in the eleventh standard " shall be deleted;

(b) for the words " conducted by the Secondary School Certificate Examination Board " , the words " conducted by the Gujarat Secondary and Higher Secondary Education Board " shall be substituted .

6. The Bhavnagar University Act, 1978 .

(Guj . 26 of 1978 )

(1) In section 15, in sub - section ( 1 ) , under the heading "Class - I EX - OFFICIO MEMBERS " , in paragraph ( B ) , for clause (iv),the following clause shall be substituted, namely:-

" ( iv ) The Chairman of the Gujarat Secondary and Higher Secondary Education Board" .

(2) In section 44, in clause ( i) , -

(a) the words " in the eleventh standard " shall be deleted;

(b) for the words " conducted by the Gujarat Secondary Education Board" , the words "conducted by the Gujarat Secondary and Higher Secondary Education Board " shall be substituted .

7 . The North Gujarat University Act, 1986 .

(Guj . 22 of 1986)

(1) In section 16, in sub - section ( 1 ) , under the heading "Class - I Ex- Officio Members " , in paragraph ( B ) , for clause ( iv ) , the following shall be substituted , namely: -

" ( iv) The Chairman of the Gujarat Secondary and Higher Secondary Education Board .".

(2) In section 50 , in clause ( i ) , -

(a) the words " in the eleventh standard" shall be deleted;

(b) for the words " conducted by the Gujarat Secondary Education Board" , the words " conducted by the Gujarat Secondary and Higher Secondary Education Board " shall be substituted.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 16

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ]

SATURDAY, APRIL 6 , 2002 /CAITRA 16 , 1924

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 6th April , 2002 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 2002 .

(Firstpublished , after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 6th April , 2002) .

AN ACT

further to amend the Gujarat Sales Tax Act, 1969 and to validate the levy and collection of tax in respect of a specified works contract under the said Act .

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

Short title.

1. ThisAct maybe called the Gujarat Sales Tax (Amendment and Validation) Act, 2002 .

Guj .1of 1970.

2. In the Gujarat Sales Tax Act , 1969 ( hereinafter referred to as "the principal Act " ) , in section 57A,-

Amendment ofsection 57A ofGuj . 1of1970.

(i) for clause (c) , the following clause shall be and shall be deemed always to have been substituted with effect from the 1st April , 1997, namely :-

"( c) " specified sale price" in relation to the transfer of property in goods (whether as goods or in some other form) involved in the execution of IV -Ex- 16-1

16-1

INDEX [PART- IV GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

16-2MNAS

a works contract , means such amount as is arrived at by deducting from the amount of valuable consideration paid or payable to a person for execution of such works contract , the amount representing labour charges for such execution and the price paid or payable for the goods purchased in the course of inter - State trade or commerce or in the course of import into the territory of India for the use in execution of such works contract ; and" ;

(ii) in clause (d) , for the words " ten lakh rupees " , the words " one crore rupees " shall be and shall be deemed always to have been substituted with effect from the 1 day of April , 2002 .

3. In the principal Act , for section 57B , the following section shall be and shall be deemed always to have been substituted with effect from the 1st April , 1997, namely :

Substitution of section 57B ofGuj . 1of 1970.

Deduction at source in certain cases .

"57B . ( 1 ) Notwithstanding that the assessment in respect of the specified sales is to be made for a year or part of a year , the tax on such sales shall be payable at source in accordance with the provisions of this section.

(2) Nothing in sub - section (1 ) shall prejudice the levy of tax on the specified sales under sections 7 and 8 .

(3) (a) Any person responsible for paying specified sale price to a contractor for carrying out any work in pursuance of a specified works contract , shall at the time of payment of the whole or part of the specified sale price , deduct from such price an amount equal to two paise in a rupee of such payment as a tax on specified sales .

(b) Any person being a contractor responsible for paying specified sale price to a sub- contractor in pursuance of a contract with the sub - contractor for carrying out the whole or part of the work undertaken by the contractor in respect of a specified works contract, shall at the time of payment of the whole or part of the specified sale price deduct from such price an amount equal to two paise in a rupee of such payment as a tax on specified sales .

(c) The contractor , or as the case may be , sub - contractor shall furnish the prescribed Statement to the person or, as the case may be, contractor responsible for paying specified sale price and thereupon such person or contractor shall deduct the amount referred to in clause ( a) or ( b) on the basis of such Statement .

(4) If a person has entered into works contract with a contractor and the contractor has entered into a contract with a sub - contractor entrusting to the sub -contractor for carrying out of the whole or part of the work (hereinafter referred to as " the sub- contract " ) relating to the said works contract and the contractor has at the time of payment of the specified sale price in respect of the said sub - contract to the sub- contractor deducted an amount as a tax under clause (b ) of sub - section (3 ) and has paid the same under sub - section (7 ) , then notwithstanding anything contained in clause ( a ) of the said sub - section (3), the person shall not at the time of payment of the specified sale price to

INDEX 16-3 GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

PART - IV ]

the contractor deduct an amount under clause ( a) of sub - section ( 3 ) equal to the amount of tax paid by the contractor under sub - section (7 ) .

(5) (a) Where the contractor or sub- contractor is not liable to pay tax under this Act on specified sales involved in any specified works contract , he shall make an application to the Commissioner in this behalf .

(b) On receipt of the application under clause ( a ) , if the Commissioner is satisfied that the contractor or sub - contractor is not liable to pay tax under this Act on specified sales involved in the specified works contract , he shall give a certificate to that effect in such form as may be prescribed.

(c) Where any such certificate is given under clause ( b ) , the person responsible for paying any specified sale price under clause ( a ) or clause (b ) of sub- section (3 ) , shall not deduct any amount as a tax in respect of the specified works contract mentioned in the certificate .

(6) Any amount deducted as a tax in accordance with the provisions of sub - section (3 ) , shall be deemed to be an amount received by the contractor or the sub- contractor as part of the specified sale price in pursuance of the specified works contract .

(7) Any person deducting the amount as a tax in accordance with the provisions of sub- section (3 ) shall -

(a) pay such amount into Government treasury in such manner and within such period as may be prescribed,

(b) obtain treasury receipt therefor , and

(c) furnish a copy of such receipt to the contractor or, as the case may be , the sub -contractor within thirty days from the date on which he obtains the receipt .

(8) Every person deducting the amount as a tax in accordance with the provisions of sub- section (3 ) shall , at the time of payment of the whole or part of the specified sale price , furnish to the contractor or, as the case may be , the sub - contractor a certificate specifying the amount so deducted and such other particulars as may be prescribed .

(9) Any deduction made in accordance with the provisions of sub - section (3) and paid into the Government treasury under sub - section (7 ) shall be treated as a payment of tax or, as the case may be , lump sum by way of composition under section 55A , on behalf of the contractor or , as the case may be , the sub- contractor, and , on the production of a certificate furnished to him under sub- section ( 8 ) , alongwith a copy of a treasury receipt given to him under sub - section (7) , credit shall be given to him for the amount so deducted in the assessment of tax, if any , made under this Act for the relevant year or, as the case may be , in the payment of the lump sum .

(10) Where an amount as a tax on specified sales has not been deducted in accordance with the provisions of this section , the tax on specified sales shall be payable by the contractor or , as the case may be , the sub - contractor directly.

(11) Where any amount deducted under sub- section (3 ) remains unpaid after expiry of the time specified in sub - section (7) , such amount shall be

INDEX 16-4

[PART - IV GUJARAT GOVERNMENT GAZETTE EX.6-4-2002 , ЯА

recoverable as an arrear of land revenue and the Sales Tax authorities shall , for the purpose of effecting recovery of the amount , exercise the powers conferred onthem under section 47A .

(12) ( a) If any person does not deduct an amount under sub - section (3) or after deducting the amount under that sub - section , fails to pay the same into the Government treasury under sub - section (7 ) within the time specified therein , he shall be liable to pay such penalty not exceeding twenty - five per cent . of the amount required to be deducted by him under sub - section (3 ) as may be imposed by the Commissioner.

(b) The Commissioner shall , for the purpose of imposing penalty under clause ( a) , exercise the same powers as are conferred on him under sub - sections (3) and (4) of section 46 in relation to imposing of penalty under that section .

(13) Where a person deducting the amount of tax in accordance with the provisions of sub- section ( 3 ) does not pay the amount so deducted into the Government treasury under sub - section (7) within the time specified therein , there shall be paid by such person , in addition to the penalty imposed on him under sub- section ( 12) , for the period commencing on the date of expiry of the time specified in sub - section (7) and ending on the date of payment of the amount into the Government treasury , simple interest at the rate of twenty - four per cent . during the period from 1st April , 1997 to 31st August , 2001 and thereafter at the rate of eighteen per cent . of the amount not so paid or any less amount remaining unpaid during that period." .

4. In the principal Act, after section 57C, the following section shall be added, namely : -

Insertion of new section 57D in Guj . I of1970.

No deduction at source .

"57D. Notwithstanding anything contained in section 57B , with effect from the 1" April , 2002 tax shall not be deducted at source where payment is to be made by the State Government in case of the specified works contract of the State Government , at the time of payment of the whole or part of the specified sale price ." .

Validation of levyand collection of tax on specified works contract.

5. (1) Notwithstanding anything contained in any judgement , decree or order of any court , tribunal or authority, the tax deducted , levied, assessed, reassessed or collected or purported to have been deducted, levied, assessed , reassessed or collected under the principal Act on specified sales in pursuance of a specified works contract under section 57B shall be and shall be deemed always to have been validly deducted , levied , assessed , reassessed or collected in accordance with law as if the provisions of the principal Act as amended by this Act had been in force at all material times when such tax was deducted, levied , assessed , reassessed or collected and accordingly-

(a) no suit, appeal , application or other proceedings shall be maintained or continued in any court or before any tribunal or authority whatsoever for the refund of the said tax ,

(b) no court, tribunal or other authority shall enforce any decree or order directing refund of the said tax , and

INDEX PART - IV]

GUJARAT GOVERNMENT GAZETTE EX.6-4-2002

16-5

( c) recoveries shall be made in accordance with the provisions of the principal Act as amendedby this Act as if said provisions had been in force at all material times.

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

(a) nothing in sub- section ( 1) shall be construed as preventing any person -

(i)from questioning, in accordance with the provisions of the principal Act as amended by this Act, the deduction, levy, assessment , re - assessment orcollection of the aforesaid tax, or

(ii) from claiming , in accordance with the provisions of the principal Act as amended by this Act, refund of the aforesaid tax paid by him in excess of the amount due from him .

(b) no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this Act had not come into force.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX Extra No. 16

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLIII ] WEDNESDAY, JUNE 5 , 2002 / JYAISTHA 15 , 1924

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 24th May , 2002 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 2002 .

(Firstpublished , after having received the assent of the President in the"Gujarat Government Gazette " , on the 5th June , 2002) .

AN ACT

further to amend the Bombay Civil Courts Act , 1869 .

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

1. ( 1) This Act may be called the Bombay Civil Courts ( Gujarat Short Amendment) Act , 2002 .

title and commence- ment.

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

XIV of 1869 .

2. In the Bombay Civil Courts Act , 1869 (hereinafter referred to as " the principal Act " ) , in section 16 , for the words " fifty thousand rupees " , the words " one lac rupees " shall be substituted.

ment of Amend- section 16 ofXIV of 1869.

16-1

I-V EX . 16-1

INDEX GUJAL PART IV ERNMENT O 16-2 GUJARAT GOVERNMENT GAZETTE , EX. , 5-6-2002

ncipal Act, 3. In the principal Act, in section 24 , for the words " fifty thousand rupees " , the words " one lac rupees " shall be substituted.

Amend- ment of section 24 of XIV of 1869 .

4. In the principal Act , in section 26 , for the words " fifty thousand rupees " , the words " one lac rupees " shall be substituted.

Amend- mentof section 26 ofXIV of 1869 .

5. In the principal Act , in section 28A, in sub - section ( 2) , for the words "fifty thousand rupees " , the words " one lac rupees " shall be substituted.

Amend- mentof section 28A of XIV of1869.

AISTH

procee Transfer of pending cases.

Che

a Count of ete Compilath

of 2002.

Ordinances

jurisdiction 6. All suits and proceedings of a civil nature wherein the subject matter exceeds in amount or value fifty thousand rupees but does not exceed one lac rupees pending in a Court of Civil Judge ( Senior Division ) immediatelyne in before the commencement of the Bombay Civil Courts ( Gujarat Amendment) Guj . of the Act, 2002, shall after such commencement , stand transferred to , and be 16 promulg disposed of by a Civil Judge (Junior Division ) within the local limits of his ordinary jurisdiction.

by the Governo

is he.eby published for gunели пот

COVERIMENT CON GOVERNMENT CENTRAL PRESS , GANDHINAGAR

KOTHARL

rliamentary Zyttairs Departsutayo

16 OF 2002.

ved the assem of the Poussicht be

Heal Court Acd 18

Bombay Givil Conds Ahajana Shan

P- III-D-C: \Eng An Act/46J 6-6-2002 INDEX Extra No. 17

REGISTERED NO . G/GNR/

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

basacont

PUBLISHED BY AUTHORITY P

VOL XLIII ] WEDNESDAY, JUNE 5 , 2002 /JYAISTHA 15 , 1924

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

PART - IV

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

The following Act of the Gujarat Legislature , having been assented to by the President on the 24th May, 2002 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 2002 .

(Firstpublished , after having received the assent of the President in the" Gujarat Government Gazette ", on the 5th June, 2002) .

AN ACT

further to amend the Presidency Small Cause Courts Act, 1882 in its application to the City of Ahmedabad, for the purposes hereafter appearing .

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

1. ( 1 ) This Act maybe called the Presidency Small Cause Courts (GujaratAmendment ) Act , 2002 .

Short title and commence- ment.

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

XV of 1882.

2. In the Presidency Small Cause Courts Act . 1882. in its application to the City ofAhmedabad ( hereinafter referred to as " the principal Act " ) , in section 18. for the words " five thousand rupees " wherever they occur. the words " two lacs rupees " shall be substituted.

ment of Amend- section 18 ofXV of 1882.

INDEX

17-1

I V EX. 17-1 17-2 GUJARAT GOVERNMENT GAZETTE , EX . , 5-6-2002 [PART IV

3. In the principal Act, in section 20 , for the words " five thousand rupees " wherever they occur . the words " two lacs rupees " shall be substituted .

Amend- ment of section 20 ofXV of 1882.

4. In the principal Act , in section 22 , in clause (b ) , for the words " five thousand rupees " , the words " two lacs rupees" shall be substituted .

Amend- mentof section 22 ofXV of 1882.

АЯТИЯ.

5. In the principal Act, in section 41 , for the words " five thousand rupees" , the words " two lacs rupees " shall be substituted .

Amend- ment of section 41 ofXV of 1882 .

6. In the principal Act , for section 71 , the following section shall be substituted, namely : -

Substitu- tionof section 71 ofXV of 1882 . Court fees. "71. The Court fees leviable in suits , appeals and applications under this Act shall be the same as are leviable under Chapter III of the Bombay Court- fees Act, 1959 and the provisions of that Act shall , mutatis mudandis , apply to the recovery of such court -fees ." .

Bom . XXXVI of1959 .

7. In the principal Act , for section 72, the following section shall be substituted , namely:-

Substitu- tionof section 72 of XV of 1882 .

Process fees.

"72. Save as otherwise provided by or under any provision of this Act , the fees chargeable for serving and executing any processes issued by the Small Cause Court , Ahmedabad shall be the same as are prescribed by the High Court ofGujarat under section 32 of the Bombay Court- fees Act , 1959. " . Bom.XXXVI of1959 .

Transfer of pending cases .

Guj . 17 of 2002 .

8. All suits and applications of a civil nature wherein the subject matter exceeds in amount or value five thousand rupees but does not exceed two lacs rupees pending in the Courts of City Civil , Ahmedabad immediately before the commencement of the Presidency Small Cause Courts (Gujarat Amendment) Act , 2002 shall after such commencement , stand transferred to, and be disposed of by the Judge , Court of Small Cause , Ahmedabad within the local limit of his ordinary jurisdiction .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLIII WEDNESDAY, JUNE 5 , 2002 /JYAISTHA 15 , 1924

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 President on the 24th May, 2002 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 2002 .

(Firstpublished, after having received the assent of the President in the "Gujarat Government Gazette " , on the 5th June , 2002) .

AN ACT

further to amend the Provincial Small Cause Courts Act , 1887 in its application to the State of Gujarat .

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

1. ( 1 ) This Act may be called the Provincial Small Cause Courts (Gujarat Amendment) Act, 2002.

Short title and com- mence- ment.

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

IX of1887 . 2. In the Provincial Small Cause Courts Act , 1887 ( hereinafter referred to as "the principal Act" ) , in its application to the State of Gujarat , in section 15, in sub - section (3 ) , for the words "two thousand rupees " , the words " two lacs rupees " shall be substituted .

Amend- ment of section 15 ofIX of 1887.

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INDEX PART IV 18-2 GUJARAT GOVERNMENT GAZETTE , EX . , 5-6-2002

Transfer of pending cases.

3. All suits and applications of a civil nature wherein the subject matter exceeds in amount or value two thousand rupees but does not exceed two lacs rupees pending in the District Court immediately before the commencement of the Provincial Small Cause Courts (Gujarat Amendment) Act, 2002, shall after such commencement stand transferred to , and be Guj . 18 of disposed of by the Judge , Small Cause Court within the local limit of his 2002 . ordinary jurisdiction.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

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1-81-3-

INDEX Extra No. 19

REGISTERED NO . G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MONDAY, JULY 1, 2002 /ASADHA 10, 1924

VOLXLIII ]

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 1st July, 2002 .

GUJARAT ORDINANCE NO . 2 OF 2002.

AN ORDINANCE

to repeal the Gujarat New Capital (Periphery ) Control Act, 1960 .

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 repeal the Gujarat New Capital (Periphery) Control Act , 1960;

Guj . X of 1960.

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:-

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IV EX. 19-1

INDEX [PART. IV GUJARAT GOVERNI

ΓΤΕ, ΕΧ , 1-7-2002

19-2

1. Short title and commencement. ( 1 ) This Ordinance may be called the Gujarat New Capital (Periphery ) Control (Repeal ) Ordinance , 2002

(2) It shall come into force at once .

Guj .X of 1960 .

2. Repeal of Guj . X of 1960. The Gujarat New Capital ( Periphery ) Control Act, 1960 is hereby repealed.

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INDEX PART IV] GUJARAT GOVERNMENT GAZETTE, EX. , 1-7-2002

19-3

STATEMENT

The Gujarat New Capital (Periphery) Control Act, 1960 was enacted for controlling and regulating development in the periphery of the site of the permanent capital of the State of Gujarat . It also extends to the area adjacent to and within a distance of five miles on all sides from the outer boundary of the new capital of the State . The said Act provides for obtaining previous permission of the Collector for erecting any building or to make or extend any excavation or lay out any means of access to a road in the controlled area. It also provides for obtaining the permission of the State Government for the change of use of land. In the year 1976 , the Gujarat Town Planning and Urban Development Act , 1976 was enacted for execution of development plans and town planning schemes in the whole of the State . In the year 1996, the Gandhinagar Urban Development Authority has been constituted under section 22 of the Act of 1976. Since the Gandhinagar Urban Development Authority is looking after the development in the areas covered under the Act of 1960 , it is not necessary now to have two authorities for the same purpose in the areas of the capital and adjacent areas thereto . With a view to remove the hardship of the people in approaching two different authorities for the same purpose , it was considered necessary to repeal the Gujarat New Capital (Periphery) Control Act , 1960 .

For this purpose , a Bill called the Gujarat New Capital (Periphery) Control (Repeal) Bill , 2002 was published in the Gujarat Government Gazette dated the 2nd April , 2002 as the Gujarat Bill No. 23 of 2002, but could not be introduced in the Gujarat Legislative Assembly for want of time .

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

Gandhinagar,

Dated the 29th June, 2002 .

SUNDAR SINGH BHANDARI , Governor ofGujarat.

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

SMT, SUDHA ANCHALIA , Principal Secretary to Government .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX