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Gujarat Gazette · Government of Gujarat

Gujarat Gazette, Part Part -V Extra, 2002

Published 2002

Department
This Gazette may contain multiple departments/offices.
Type
Extraordinary
Part
Part -V Extra
Publisher
Government Central Press, Gandhinagar
Identifier
in.gazette.gujarat.2002.202111241146448085
Languages
English, Gujarati
Published at
Original source ↗

Extra Ordinary Part - V / 2002

Extra No.

Date

Department

Extra No.1   20-02-2002   Legislative & Parliamentary Affairs Department
Extra No.2   21-02-2002  Legislative & Parliamentary Affairs Department
Extra No.3   21-02-2002   Legislative & Parliamentary Affairs Department
Extra No.4   22-02-2002   Legislative & Parliamentary Affairs Department
Extra No.5   26-02-2002   Legislative & Parliamentary Affairs Department
Extra No.7   26-02-2002  Legislative & Parliamentary Affairs Department
Extra No.8   15-03-2002  Legislative & Parliamentary Affairs Department
Extra No.9   16-03-2002  Legislative & Parliamentary Affairs Department
Extra No.10   21-03-2002 Legislative & Parliamentary Affairs Department
Extra No.11   21-03-2002 Legislative & Parliamentary Affairs Department
Extra No.12   21-03-2002 Legislative & Parliamentary Affairs Department
Extra No.13   21-03-2002 Legislative & Parliamentary Affairs Department
Extra No.14   21-03-2002 Legislative & Parliamentary Affairs Department
Extra No.15   21-03-2002  Legislative & Parliamentary Affairs Department

21-03-2002 Gujarat Legislature Secretariat

Extra No.16

21-03-2002 Gujarat Legislature Secretariat

Extra No.17

21-03-2002 Gujarat Legislature Secretariat

Extra No.18

Extra No.19 21-03-2002 Gujarat Legislature Secretariat

Extra No.20  27-03-2002 Legislative & Parliamentary Affairs Department
Extra No.21  27-03-2002 Legislative & Parliamentary Affairs Department
Extra No.22  28-03-2002  Legislative & Parliamentary Affairs Department
Extra No.23  02-04-2002 Legislative & Parliamentary Affairs Department
Extra No.24  26-12-2002  Legislative & Parliamentary Affairs Department

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

Soling

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLIII ]

WEDNESDAY, FEBRUARY 20 , 2002/PHALGUNA 1 , 1923

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

> translated into Gujarati and the translation to be published in the at Government Gazette . The date of publication to be reported . ( :.

ولاية

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

1

THE GUJARAT CO - OPERATIVE SOCIETIES (AMENDMENT)

BILL, 2002.

Gujarat Bill No. 1 of 2002.

ABILL

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.

Insertion of new Chapter XB in Guj . X of1962 .

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

1-1

V - Ex.1-1

INDEX 1-2

[ PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 20-2-2002

a

"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 ; :

(c) " committee member " means a member of a , committee;

(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 .

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

Qualifications and disqualifica- tions for : being committee member.

(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 so deposit .

(2) ( a) A personson 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) 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 committee member by reason of the provisions of sub - section (2) .

INDEX PART V]

GUJARAT GOVERNMENT GAZETTE, EX . , 20-2-2002 1-3

(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 .

vote. Right to 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 elécted) 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 .

115F . A committee shall ensure that

Ensurance of certain 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 ;

(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 ;

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

(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 1-4

GUJARAT GOVERNMENT GAZETTE, EX. , 20-2-2002 [ PART V

10 of1949 .

(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 each bank a fund to be called " Urban Bank Credit Equalization Fund " consisting of the 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 Credit Equalization 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 barnik 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 .

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.

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

(2) Where an offence under this section has been committedby 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 PART V]

1-5 GUJARAT GOVERNMENT GAZETTE, EX. , 20-2-2002

(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 ;

( 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 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 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 .

INDEX 1-6

[ PART V. GUJARAT GOVERNMENT GAZETTE, EX. , 20-2-2002

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 Prosecution 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 of 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 ;

(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.

2of1934.

Chapterto 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.

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 .

Guj .... of2002.

Transitory provision.

of 2002 . Guj....

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 ." .

3.

Repeal and savings.

Guj . Ord. 1 of 2002 .

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

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

INDEX 1-7 PART V]

GUJARAT GOVERNMENT GAZETTE, EX. , 20-2-2002

STATEMENT OF OBJECTS AND REASONS

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 was considered necessary to make certain other provisions relating to urban co - operative banks in the Gujarat Co - operative Societies Act , 1961 .

As the Gujarat Legislative Assembly was not in session , the Gujarat Co-operative Societies ( Amendment) Ordinance , 2002 was promulgated to amend the said Act to achieve the aforesaid objects . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

The following notes on clauses of new Chaper XB explain the important provisions of the Bill : -

Clause 2. - This clause seeks to insert new Chapter XB containing new sections 115B to 115L .

( 1 ) Section 115B.- Defines certain terms used in this Chapter.

(2) Section 115C.- 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 whodo not fulfil the requirements mentioned hereabove 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 . Section 115C provides accordingly .

(3) Section 115D. 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. Section 115D provides accordingly.

(4) Section 115 E.- ( i ) Sub- section ( 1 ) of this section provides that a Chairman , Vice-chairman and elected Managing Director shall not be entitled to hold office continuously for more than two terms ,

( ii ) Sub - section ( 2) of this section provides that a person who has held the office of a Chairman or Vice- chairman or Managing Director 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 .

(5) Section 115F - This section provides for certain things to be ensured by a committee of a bank and section 115H provides for imposition of punishment on members of the committee for failure to comply with provisions of section 115F.

INDEX 1-8

GUJARAT GOVERNMENT GAZETTE, EX. , 20-2-2002 [ PART V

(6) Section 115G. - This section provides that a bank shall establish a fund to be called " Urban Bank Credit Equalization Fund " and pay into it each year a sum of fifteen per cent . of it's profits .

(7) Section 115 I.- This section provides for application of the provisions of section 84 to a specified bank and explains the term " specified bank" .

(8) Section 115J.- This section provides for override effect of this Chapter to other provisions of the Act .

(9) Section 115K. This section prohibits the application of sub - section ( 2 ) of section 115C to a person who is a committee member on the date of the commencement of this Act...

( 10) Section 115L. - This section provides for the transitory provision.

VADIBHAI PATEL

INDEX 1-9- GUJARAT GOVERNMENT GAZETTE, EX . , 20-2-2002

PART VJ

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

Clause 2.- ( i ) Sub-section (a ) of section 115F of new Chapter XB proposed to be inserted by this clause empowers the State Government to prescribe by rules the form in which the information shall be furnished to the Registrar.

(ii ) Sub - section (3 ) of section 115G empowers the Gujarat State Co - operative Bank Limited to make the rules with the previous approval of the Government for maintaining the Urban Bank Credit Equalization Fund.

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

VADIBHAI PATEL .

Dated the 19th February, 2002 .

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

V.M. Kothare ,

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

Gandhinagar, Dated the 20th February , 2002 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

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

©

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, FEBRUARY 21 , 2002 /PHALGUNA 2, 1923

* VOL XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

::

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

THE GUJARAT REGULARISATION OF UNAUTHORISED

DEVELOPMENT (AMENDMENT) BILL, 2002

GUJARAT BILL NO . 2 OF 2002 .

ABILL

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 :-

Short title and commence- 1. (1) This Act may be called the Gujarat Regularisation of Unauthorised Development (Amendment ) Act , 2002.

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

2001.

Amendment of section 3 ofGuj . 23 of 2001.

2. In the Gujarat Regularisation of Unauthorised Development Act , 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

2-1

V Ex.2-1.

INDEX 2-2-

GUJARAT GOVERNMENT GAZETTE, EX. , 21-2-2002 [ PART V

area or development area has been carried out at any time before the 22nd November, 2000 and the development has been wholly destroyed by the earthquake or rendered substantially and permanently unfit for the purpose of occupation due to the earthquake in the month of January, 2001 and the owner or occupier of such development intends to carry out development at the same place and with the same built up area as existed prior to such destruction , the designated authority may, notwithstanding anything contained in the relevant law but having regard to the provisions of section 4, by an order allow him to carry out such unauthorised development subject to such terms and conditions as may be,prescribed and may regularise the same in accordance with the provisions of this Act, as if such unauthorised development had been carried out before the 22nd November, 2000:

Provided that the designated authority , while regularising such unauthorised development shall not charge any fee prescribed in the Table ." .

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

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

Amendment of section 5 ofGuj .23of 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

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

Amendment of section 9 ofGuj . 23of 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 thisAct.

INDEX GUJARAT GOVERNMENT GAZETTE, EX. , 21-2-2002 2-3 PART V]

STATEMENT OF OBJECTS AND REASONS

It had been represented to the State Government by the persons who have lost their houses and have become homeless due to the severe earthquake of 26th January , 2001 that they may be allowed to construct the houses at the original site with the same built up area as existed prior to such destruction so as to accommodate all the owners or the occupiers with the same built up area in the reconstructed houses. It had also been represented that their cases would have been governed under the provisions of the Gujarat Regularisation of Unauthorised Development Act , 2001 had their houses not collapsed due to earthquake . They had demanded not to charge any fees for such regularisation.

Inorder to provide accommodation to the bonafide owners or occupiers of houses who are victims of earthquake , it was considered necessary to make provision in the said Act that the unauthorised construction which have been destroyed due to earthquake may be allowed to be carried out and may be regularised by an order of designated authority in accordance with the provisions of the said Act . It has also been provided that no fees shall be charged for regularisation of such unathorised construction. A provision has also been made entitling the owner or occupier to file an appeal against the order of the designated authority.

As the Gujarat Legislative Assembly was not in session , the Gujarat Regularisation of Unauthorised Development ( Amendment ) ( Second) Ordinance , 2001 was promulgated to amend the said Act to achieve the * aforesaid object .

This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

INDRAVIJAYSINH JADEJA ,

INDEX [ PART V 2-4

GUJARAT GOVERNMENT GAZETTE, EX. , 21-2-2002

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

Clause 2.- New clause ( aa) proposed to be inserted after clause (a) of sub-section (2) in section (3) by this clause empowers the State Government to prescribe by rules the terms and conditions subject to which the designated authority may allow the owner or occupier to carry out unauthorised development by an order under proposed new clause (aa) .

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

Dated the 21st February, 2002.

INDRAVIJAYSINH JADEJA ,

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

;

V.M. Kothare,

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

Gandhinagar, Dated the 21st February, 2002.

Government Central Press , Gandhinagar.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, FEBRUARY 21 , 2002 /PHALGUNA 2, 1923

VOL XLIII ]

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

PART - V

Bills introduced in the. Gujarat Legislative Assembly.

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

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

THE GUJARAT TOWN PLANNING AND URBAN DEVELOPMENT (AMENDMENT) BILL, 2002 .

GUJARAT BILL NO.3 OF 2002 .

ABILL

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

Itis 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.

5

Short title and commence- ment.

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

V Ex.3-1

3-1

INDEX 3-2

GUJARAT GOVERNMENT GAZETTE, ΕΧ. , 21-2-2002

[PART V

President's Act 27 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. Inthe principal Act, to section 47, the following proviso shall be added , namely : -- Amendment of section 47 of President's Act 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. " .

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 5. section 65 of President's Act etof 1976

6. In the principal Act, in section 118, - .

:

Amendment of 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 savings.

Guj . Ord . 9 of 2001 .

7.. ( 1 ) The Gujarat Town Planning and Urban Development (Amendment) ( Second) Ordinance , 2001 is hereby repealed.

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

INDEX PARTV]

3-3

GUJARAT GOVERNMENT GAZETTE, EX. , 21-2-2002

STATEMENT OF OBJECTS AND REASONS

The existing provisions of sections 17, 47 and 65 of the Gujarat Town Planning and Urban Development: Act, 1976.prescribe time limits for town planning schemes .

In the State of Gujarat , there had been a devastating earthquake in the month of January, 2001 , which had highly destructive effect on the buildings in the State and particularly in four towns of Kachchha district viz . Bhuj , Anjar, Bhachau and Rapar . A large part of the old city areas which had been destroyed are to be re- built and reconstructed immediately. For the safety of people , rescue operation and minimum dislocation , it is necessary to prepare a new town planning scheme in these areas . In order to complete the reconstruction work on priority basis , to provide houses to the people and to finalise the town planning schemes.in short period , it was considered necessary to reduce the time limits prescribed in the Act .

The proviso to clause ( e) of sub - section ( 1 ) of section 17 provides that the final development plan sanctioned by the State Government shall not be effective for the period of one month from the date of publication of the notification . Amendment to section 17 empowers the State Government to bring into force immediately the final development plan so sanctioned by it . Similarly , because of the time limit prescribed in clause (b ) of sub - section (2) of section 65 , the preliminary town planning scheme or the final town planning scheme sanctioned by the State Government does not become effective for a period of one month from the date of publication of the notification . Amendment to section 65 also empowers the State Government to bring into force immediately the preliminary town planning scheme , as the case may be , or the final town planning scheme , so sanctioned by it .

In order to submit the draft scheme early by the appropriate authority to the State Government , it was considered necessary to empower the appropriate authority to reduce the period of one month to fifteen days for inviting objections to the proposed draft scheme . The appropriate authority can exercise such powers only in such circumstances as may be prescribed and with the previous sanction of the Government. The proviso proposed to be added to section 47 provides accordingly.

With a view to enforcing the rules immediately, the power has been taken to dispense with the previous publication of the rules . The proviso proposed to be added to section 118 provides accordingly .

Anopportunity is taken to correct the error of the reference of ' sub - section ( 1 ) ' in sub - section ( 4) of section 6B .

As the Gujarat Legislative Assembly was not in session , the Gujarat Town Planning and Urban Development (Amendment ) ( Second ) Ordinance , 2001 was promulgated to amend the said Act to achieve the aforesaid objects . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

INDRAVIJAYSINH JADEJA

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, EX. , 21-2-2002

3-4

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

Clause 4- The proviso proposed to be added to section 47, by this clause empowers the. State Government to prescribe by rules , the circumstances in which The appropriate authority may reduce the period of one month to fifteen days for inviting objections to the draft scheme .

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

Dated the 21st February, 2002.

INDRAVIJAYSINH JADEJA .

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

V.M. Kothare,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department. Gandhinagar , Dated the 21st February, 2002.

::

Government Central Press , Gandhinagar.

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

©

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

FRIDAY, FEBRUARY 22 , 2002 /PHALGUNA 3 , 1923

VOL XLIII ]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT STATE COMMISSION FOR WOMEN BILL , 2002..

GUJARAT BILL NO . 4 OF 2002 .

A BILL

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 of Gujarat.

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

Definitions .

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

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

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

(c): "prescribed" means prescribed by rules ;

4-1

V Ex. 4-1

INDEX [PART V 4-2

GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

(d) " women" includes female-child and adolescentgirl.

Constitution 3. 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 ofwomen, 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;

(c) following ex- officio members

(i) Director General of Police , Gujarat State ,

(ii) Secretary to Government, Women and Child Development Department,

(iii). Secretaryto Government; Finance Department,

(iv) Secretary to Government, Legal Department,

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

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

INDEX 4-3

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2002 PART V]

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 office and 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 StateGovernment 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 section 7;

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

(c) refuses to act or becomes incapable of acting;

(d) 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 may be, member:

Provided that the Chairperson or, as the case may be , any member shall not be removed under this clause until he has been given a reasonable opportunity ofbeing heard.

.7. Aperson shall be disqualified for being nominated as or for being a Chairperson or a non -official member, ifhe ,-

Disqualifica- tionfor being Chairperson or member.

(a) is or becomes an undischarged insolvent;

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

(c) becomes ofunsound mind and stands so declared by a competent

court.

vacancies. Filling up of 8. Avacancy arising by reason of death , resignation or removal of the Chairpersonor any member under section 6 or otherwise shall be filledup in accordance with the provisions contained in section3.

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

4-4

Officers and other employeesof 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 ofthe Commission under this Act .

(2) The salaries and allowances payable to , and the other terms and conditions of service ofthe officers and other employees , shall be such as may be prescribed.

Salaries and allowances to bepaidoutof 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 theground merely of the existence of any vacancy in; or any defect in the constitution of the Commission .

Defectin appointment ofChairper- son or member not to invalidate acts or proceedings.

(2) No actdone 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 byCommis- 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 4-5 GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

PART V]

(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.

ne

(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 women by the State;

(d) to review fromtime 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 ofviolation ofthe provisions of the Constitution of Midia and of other laws relating to women with the appropriate ""authorities;"

(f) to look into complaints and take suo moto notice of matters relating, dw song )

(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 ofpolicy 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 recominend strategies for theirremoval; :

(h) to undertake promotional and educational research for the purposes of,

INDEX 4-6

GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2002 [PART V

(i) suggesting ways of ensuring due representation of women in all spheres;

(ii) identifying factors responsible for impeding their advancement, such as , lack ofaccess to housing and basic services , inadequate support services and technology for reducing drudgery and occupational health hazards and for increasing their productivity;

(i) to participate and advise on the planning of socio- economic development of women;

(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 anydocument;

(c). receiving evidence on affidavits;

(d) requisitioning any public records or copy thereof from any.public office;

(e) issuing commissions for examination of witnesses:

INDEX 4-7 PART V]

GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

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

16. The State Government may consult the Commission in respect of major policy matters affecting women.

Consultation withCom- mission.

Protection of action taken ingood faith .

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 inade thereunder.

18. ( 1 ) The State Government shall pay such amount to the Commission by way ofgrants , as it may think fit for the purposes of this Act.

Grants by State Government.

(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 ofthisAct.

(3) The Commission may spend such sums as it thinks fit for the performance ofthe 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- sionof 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 ...

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

(4) The State Government may sanction the programme and the annual statement of accounts forwarded to it with such modification as it thinks fit .

(5) The annual statement of accounts shall be prepared in such form as may be prescribed in consultation with the Accountant General of the State of Gujarat.

INDEX 4-8

[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

20.

Accounts and audit.

(1 ) The Commission shall maintain proper accounts and other relevant record insuch 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 byhim for the purpose ofthe audit of the 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 orany other person duly appointed by him in this behalf, together with the audit report thereon , shall be forwarded annually to the State Government .

21.

Concurrent and special audit of accounts.

(1) Notwithstanding anything contained in section 20, the State Government may order that there shall be a concurrent audit of the accounts of the Commission by such person, as it thinks fit. The State Government may also direct a special audit to be made by such person, as itit thinks fit, of the accounts of the Commission relating to any particular transaction or a class of series oftransactions 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 appointedunder 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 giving a full account of its activities during the previous financial year in such form and at such time as may be prescribed and forward a copy thereof to the State Government..

23. The State Government shall cause ,-

Annual reportand auditreport tobe laid before State 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 ariy , of such recommendation , and

INDEX 4-9 GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2002

PART V]

(2) the audit report

to be laid as soon as may be , after the reports are received , Lefore the State Legislature.

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 of section 21 of the Indian Penal Code .

XLV of 1860 ..

Chairperson, staffof members and Commission tobepublic servants .

Power to make rules .

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

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

(a) salaries and allowances payable to, and other terms and conditions of services of, the Chairperson and members , officers and other employees under sub- section (2) of section4 ;

(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 section 19;

(d) the form in which the annual statement of accounts shall be maintained under sub - section (5) of section 19;

(e) the maintenance of accounts and other relevant record under sub- section ( 1 ) of section 20;

(f) any other matter which is to be or may be prescribed under this 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 shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

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

INDEX [PART V GUJARAT GOVERNMENT GAZETTE, EX. , 22-2-2002

4-10

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 State Government 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 .

Power of State Government togive directions.

Guj . Ord. 10 of2001 .

Repealand 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.

INDEX 4-11 PART V]

GUJARAT GOVERNMENT GAZETTE , EX. , 22-2-2002

STATEMENT OF OBJECTS AND REASONS

Vedic erawas golden era so far as the equality of status and personal freedom ofwomen are concerned, but gradually the status and position of women has deteriorated . The framers of the Constitution had realised the unequal social position. ofthe women and assured to improve the status and dignity ofwomen in the society. The StateGovernment attaches great importance to the protection and advancement ofwomen in all walks of life , fields of societies and to the upliftment of status and dignity ofwomen in general in the society. The revolution towards gender equality mustbe propelled by a concrete strategy for accelerating programmes . Unequal status of women, ill-treatment and derogatory practices against the women and violation of the Constitutional provisions and other women welfare legislations make bare necessity to set up an independent statutory agency to carry out surveillance functions and to facilitate effective redressal of grievances of women. With a view to . making regular surveillance on such violation of rights of women, the Government of India has set up a Commission for women at a national level . On the same lines , it was considered necessary to set up State level Commission for women for check on deprivation of such rights and having powers to recommend legislative amendments inwomenwelfare legislations andjudicial actions for redressal ofgrievances of women againstdeprivation oftheir rights and to take up such issues with the State Government orappropriate authority for effective remedial measures . It was also considered necessary that such body shall adequately be supported by the Government machinery.

Section3 of the said Ordinance provides that the Commission shall consist of six ex - officio members . In the Bill, it is proposed to have five ex - officio members instead of six ex - officio members to the Commission .

As theGujarat Legislative Assembly was not in session , the Gujarat State Commission for Women Ordinance, 2001 was promulgated to achieve the aforesaid objects . This Bill seeks to replace the said Ordinance by an Act of the State Legislature.

The following notes on clauses explain the important provisions of the Bill: -

Clause 2. This clause defines certain terms used in theBill .

:

Clause 3.-This clause provides for constitution of the Gujarat State Commission forWomen.

Clause 4. This clause provides for the term of office and the conditions of service ofChairperson and members of the Commission.

Clause 5. This clause provides for the manner to be adopted for resignation by the Chairperson and member.

Clause6. This clause empowers the State Government to remove the Chairperson and member of the Commission.

Clause 7. This clause provides for disqualification incurred by a person for being nominated as or for being a Chairperson or a non-official member.

Clause 8.-This clause provides for occurrence of vacancy of Chairperson or member and filling up of such vacancies .

Clause 9. This clause provides for the appointment , salary and allowances payable to and terms and conditions of service of officers and employees of the Commission.

INDEX [ PART V 4-12

GUJARAT GOVERNMENT GAZETTE, EX . , 22-2-2002

Clause 10.-This clause provides that salary and allowances payable to the Chairperson , members , officers and other employees shall be paid out of the grants made to the Commission.

Clause 12. This clause provides for the Constitution of ad hoc committee by the Commission for the purpose of transaction of any business before it or for any' special issue thereof .

Clause 14.-This clause provides for the functions to be performed by the Commission .

Clause 15. This clause provides for the powers of the Commission for holding inquiry under this Act .

Clause 16. This clause provides for consultation by the State Government with the Commission on major policy matter affecting women.

Clause 17.- This clause provides for usual indemnity for acts done in good faith .

Clause 18.- This clause provides for payment of grants to the. Commission by the State Government, acceptance of funds by the Commission and expenditure to be incurred out of the grants by the Commission.

Clause 19. This clause provides for preparation of programme of work and annual statement of accounts by the Commission.

Clause 20.-This clause provides for maintenance of accounts and other records and audit thereof.

Clause 21. This clause empowers the State Government to make order for the concurrent and special audit of accounts to be presented by the Commission to the State Government .

Clauses 22 and 23.- These clauses provide for preparation of an annual report of the Commission and laying the same before the State Legislature.

Clause 25.-This clause empowers the State Government to make rules generally for carrying out the purposes of the Act and particularly for matters specified in sub- clause (2) .

Clause 27. This clause empowers the State Government to give directions to the Commission for carrying out execution of provisions of the Act.

ANANDIBEN PATEL

FINANCIAL MEMORANDUM

The Bill provides for payment of grant by the State Government, as it thinks fit, to enable the Commission to discharge its functions .Initially, the State Government intends to make a provision of rupees 40 lakhs by way of grant to the Commission for carrying out the purposes of the Act . The provision of clause 18, if enacted and brought into operation , would involve non - recurring expenditure of rupees 40 lakhs from the Consolidated Fund of the State.

...

ANANDIBEN PATEL

INDEX 4-13 GUJARAT GOVERNMENT GAZETTE, EX . , 22-2-2002

PART V]

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

Clause 3.-Sub-clause ( 1 ) of this clause empowers the State Government to constitute, by notification in the Official Gazette, the Gujarat State Commission for Women.

Clause 4. Sub-clause (2) of this clause empowers the State Government to ' prescribe by rules , the salaries , allowances and other terms and conditions of service ofthe Chairperson and members .

Clause 9.- Sub- clause (2) of this clause empowers the State Government to prescribe by rules, the salaries , allowances and the terms and conditions of services ofthe officers and employees of the Commission .

Clause 12. Sub-clause (4) of this clause empowers the State Government to prescribe by rules , the rates of allowances payable to the person associated to the adhoc Committee for attending the meeting .

Clause 19.-( i ) Sub - clause (2 ) of this clause empowers the State Government . to prescribe by rules , such other particulars to be included in programme of work;

(ii ) sub -clause (5) of this clause empowers the State Government to prescribe by rules, form in which the annual statement of accounts shall be prepared .

Clause 20. Sub- clause (1 ) of this clause empowers the State Government to prescribe by rules , the manner in which accounts and other relevant record shall be maintained by the Commission.

Clause 22. This clause empowers the State Government to prescribe by rules , the form in which and the time at which the annual report shall be prepared by the Commission .

Clause 25. This clause empowers the State Government to make , by -notification in the Official Gazette , rules generally for carrying out the purposes of theAct, and particularly for all or any of the matter specified in sub -clause (2).

Clause 26.-Sub-clause (1 ) of this clause empowers the State Government to make an order for removing the difficulty arising in giving effect to the provisions of the Act.

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

ANANDIBEN PATEL .

Dated the 22nd February, 2002 .

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

V.M. Kothare ,

Dated the 22nd February, 2002 .

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

Government Centeal Press , Gandhinagar.

INDEX Extra No. 5

REGISTERED NO . G /GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, FEBRUARY 26 , 2002/PHALGUNA 7, 1923

VOL XLIII ]

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE BOMBAY CIVIL COURTS ( GUJARAT AMENDMENT )

BILL, 2002 .

GUJARAT BILL NO . 5 OF 2002 .

A BILL

further to amend the Bombay Civil Courts Act, 1869 .

Itis 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 Amendment ) Act , 2002 .

Short 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.

Amend- ment of section 16 ofXIV of 1869 .

V Ex. 5-1

5-1

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 26-2-2002

5-2

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- ment of 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- ment of section 28A of XIV of1869 .

Transfer of pending cases .

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 oné lac rupees pending in a Court of Civil Judge ( Senior Division ) immediately before the commencement of the Bombay Civil Courts (Gujarat Amendment) Guj. Act , 2002 , shall after such commencement , stand transferredto , and be of 2002. disposed of by a Civil Judge ( Junior Division ) within the local limits of his ordinary jurisdiction.

INDEX PART V]

5-3 GUJARAT GOVERNMENT GAZETTE , EX . , 26-2-2002

STATEMENT OF OBJECTS AND REASONS

Sirice 1993 , under the existing provisions of the Bombay Civil Courts Act , 1869 , the pecuniary jurisdiction of a Civil Judge ( Junior Division ) extends to all original suits and proceedings of a civil nature is upto rupees fifty thousand . Considering this aspect and in view of the fall in the purchase value of the rupee and the appreciation in value of immovable property in- cluding land, and rise in the price of goods , it is considered necessary to raise such pecuniary jurisdiction of Courts of Civil Judge ( Junior Division ) from fifty thousand rupees to one lac rupees .

objects . This Bill seeks to amend the said Act to achieve the aforesaid

HEMANT CHAPATWALA

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative power in the following respect :-

Clause 1.-Sub- clause ( 2) of this clause empowers the State Government to appoint by notification in the Offical Gazette , the date on which the Act shall come into force .

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

HEMANT CHAPATWALA .

Dated the 25th February, 2002 .

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

V.M. Kothare,

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

Dated 26th February, 2002 .

Government Centeal Press , Gandhinagar.

INDEX REGISTERED NO . G /GNR/ 2 Extra No. 7

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOL XLIII ]

TUESDAY, FEBRUARY 26 , 2002 /PHALGUNA 7 , 1923

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE PROVINCIAL SMALL CAUSE COURTS ( GUJARAT AMENDMENT) BILL , 2002 .

GUJARAT BILL NO . 7 OF 2002 .

A BILL

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

Itis 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) Itshall 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.

V Ex . 7-1

7-1

INDEX 7-2

[ PART V GUJARAT GOVERNMENT GAZETTE, EX. , 26-2-2002

Transfer of pending cases .

of 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 . disposed of by the Judge , Small Cause Court within the local limit of his 2002 . ordinaryjurisdiction .

INDEX PART V]

7-3

GUJARAT GOVERNMENT GAZETTE , EX. , 26-2-2002

STATEMENT OF OBJECTS AND REASONS

Since 1961 , under the existing provisions of the Provincial Small Cause Courts Act , 1887 , the pecuniary jurisdiction of the all suits of a civil nature is upto rupees two thousand . Considering this aspect and in view of the fall in the purchase value of the rupee and the appreciation in value of immovable property including land , and rise in the price of goods , it is considered necessary to raise such pecuniary jurisdiction of Courts of Small Cause from two thousand rupees to two lacs rupees . This Bill seeks to amend the said Act to achieve the aforesaid object .

HEMANT CHAPATWALA

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative power in the following respects : -

Clause 1.- Sub- clause (2) of this clause empowers the State Government to appoint , by notification in the Official Gazette , the date on which this Act shall come into force .

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

HEMANT CHAPATWALA .

Dated the 25th February, 2002.

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

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

Gandhinagar, Dated 26th February, 2002.

Government Centeal Press . Gandhinagar

INDEX Extra No. 8

REGISTERED NO . G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XLIII ]

FRIDAY, MARCH 15 , 2002 /PHALGUNA 24 , 1923

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE BOMBAY MOTOR VEHICLES TAX ( GUJARAT AMENDMENT)

BILL , 2002 .

GUJARAT BILL. NO . 8 OF 2002 .

A BILL

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:-

commencement .

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

Bom . LXV of 1958.

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

Amendment ofFirst Schedule of Bom. LXV of 1958 .

-V-EX INDEX

8-1 [PART V 8-2

GUJARAT GOVERNMENT GAZETTE , EX . , 15-3-2002

" IVAA . Sleeper designated omnibuses-

(a)

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

Sleeper designated omnibuses licensed to carry not more than twenty passengers

(b)

Rs . 18,000 per passenger which the vehicle is licensed to carry. " ;

Sleeper designated' omnibuses licensed to carry more than twenty passengers .

(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. " .

INDEX PART

GUJARAT GOVERNMENT GAZETTE , EX. , 15-3-2002 8-3

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend the Bombay Motor Vehicles Tax Act , 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Legislative Assembly on the 27th February, 2002 .

NARAYANBHAI PATEL .

Dated the 14th March , 2002 .

By order and in the name of the Governor of Gujarat

V. M. Kothare ,

Secretary to the Government of Gujarat , Legislative and Parlamentary Affairs Depgrtment.

Gandhinagar, Dated the 15th March , 2002 .

Government Centeal Press , Gandhinagar.

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 9

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

SATURDAY, MARCH 16, 2002/PHALGUNAS, 1923

Vol . XLIIIJ

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE BOMBAY MOTOR VEHICLES TAX (GUJARAT AMENDMENT AND VALIDATION ) BILL , 2002 .

GUJARAT BILL NO . 9 OF 2002 .

ABILL

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

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 Motor Vehicles Tax Short title and (Gujarat Amendment and Validation) Act , 2002.

(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 section 9 shall be deemed to have come into force on the 17th August, 2001 .

Amendment of section 3 of Bom.

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 .

LXV of 1958.

Bom. LXV of 1958.

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

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

V-EX. 9-1

9-1

INDEX 9-2

[PART V GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-2002

4. Inthe principal Act, in section 4,

Amendment of section 4 of Bom.

(1). insub -section ( 1AA) , in the table,-

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 following entry shall be substituted, namely: --

"(b):designated omnibuses specified in clauses IVAA. and IVAAA in Part I of the First Schedule . Annually or in monthly instalments of one- twelfth of the annual rate. " ;

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

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

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

(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 9-3 GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 16-3-2002

PART V]

(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 18of 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 so leviable.

(IB) 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 ). " ;

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

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

Amendment of First Schedule of Bom . LXV of 1958.

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

(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 " )-

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

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

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

(ii) Ordinary designated omnibuses 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 V 9-4

GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-2002

licensed to 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 IA , the following explanation shall be inserted , namely: --

"Explanation 1AA .--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 ofmore than four seats . "

Validation of imposition and collection of tax on designated 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 omnibus under the principal Act,

(b) nó 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 V]

9-5 GUJARAT GOVERNMENT GAZETTE , EX. , 16-3-2002

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

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 1 day 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 .

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

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

2

(b) Ordinary designated omnibuses licensed to carry more than twenty passengers 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 is 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 31 day of March , 2000 at the

INDEX

V. EX 9.2 9-6

[PART V GUJARAT GOVERNMENT GAZETTE, EX. , 16-3-2002

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

1

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

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

Rs.4500 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 licensedto carry.

2 ( 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 omnibuses

1

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

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

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

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

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 .

INDEX : PART V]

9-7 GUJARAT GOVERNMENT GAZETTE , EX . , 16-3-2002

(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 carry .

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 . of

2002 .

Adjustment of the amount of tax paid on designated under section omnibuses 3 of the principal Act .

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 .

INDEX 9-8

[PART V GUJARAT GOVERNMENT GAZETTE , EX . , 16-3-2002

STATEMENT OF OBJECTS AND REASONS

In the case of Akhil Gujarat Pravasi Vahan Sanchalak Mahamandal Vs. State of Gujarat being Special Civil Applications No.1288 of 2001 , No.1421 of 2001. and, No.3137 of 2001 , the Gujarat High Court . by its judgement delivered on 17th August , 2001 , has held sub - sections ( 1 ) and (2 ) of section 3A of the Bombay Motor Vehicles Tax Act , 1958 to be ultra vires and beyond the competence of the State Legislature on the ground that the tax levied under sub-section ( 1 ) of the said section 3A being a composite tax is violative of entries 56 and 57 in List II of the Seventh Schedule to the Constitution and sub - section (2) of the said section 3A to be ultra vires the Constitution and bad in law and violative of article 19 ( 1 ) (g) . of the Constitution . This decision of the Gujarat High Court invalidates the levy and collection of tax on designated omnibuses under sub -section ( 1 ) of the said section 3A. The total tax collected by the State Government on designated omnibuses ' since the 1st April , 1991 runs to about 492 crores of rupees . Unless the tax levied and collected under the impugned provision is validated, the State Government would have to- refund the entire amount of tax so levied and collected . As the State Legislature is competent to levy the tax on motor vehicles under the said entry 57 read with clause ( 1 ) of article 245 and clause (3 ) of article 246 of the Constitution , this Bill seeks to validate the tax imposed , assessed or collected on the designated omnibuses during the period from the 1stApril . 1991 to 16th August , 2001 , the date immediately before the date of the judgement .

2. Clauses 2 and 4 of the Bill seek to make amendments in sections 3 and 4 of the said Act ; clause 3 seeks to delete section 3A of the said Act and clause 7 seeks to amend the First Schedule to the said Act to add a new clause IVAAA in the said Schedule , as a consequence of sub - sections ( 1 ) and ( 2) of the said section 3A being held invalid by the High Court by the said judgement.

3. Clause 5 of this Bill seeks to add new sub - section (6) in section 9 of the Act so as to provide for refund in the case of a designated omnibus being not used or kept for use in the State or such omnibus being taken out of the State.

4. Clause 6 of this Bill seeks to insert a new sub- section ( 1A) in section 18 of the said Act with a view to levying a penalty equal to twice the amount of tax on the registered owner or any person in possession or control of a motor vehicle for use or keeping for use such vehicle in respect of which such owner or person has given a declaration to the Taxation Authority that he is not to use or to keep for use such vehicle .

5. Clause 8 of this Bill seeks to make a validating provision .

6. Sub- clause ( 1 ) of clause 9 of this . Bill seeks to levy tax retrospectively for different periods from 1st April , 1991 to 16th August. 2001 for the purpose of validating the same . Sub- clause ( 2 ) of the said clause 9 seeks to levy tax till the rates are fixed by the State Government by notification in the Official Gazette, under sub - section ( 1 ) of section 3 of the Act. The said sub - clause (2) is given retrospective effect from 17th August , 2001 .

INDEX PART V ] GUJARAT GOVERNMENT GAZETTE ,

9-9

EX . , 16-3-2002

7 . Onthe invalidation of sub - sections ( 1 ) and (2 ) of section 3A of the said Act , the State Government has levied and collected tax on designated omnibuses under sub- section ( 1 ) of section 3 of the said Act read with clause IV in Part I of the First Schedule to the said Act from the period commencing from 17th day of August , 2001. It is , therefore, considered necessary to provide for the adjustment of the tax so collected against the tax levied on designated omnibuses under sub-clause ( 2) of clause 9 of this Bill . Clause 10 of this Bill provides accordingly. :

8. This Bill seeks to amend the said Act and to validate the levy and . collection of tax on designated omnibuses held invalid by the said judgement.

Dated the 15th March , 2002.

NARAYANBHAI PATEL .

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

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

Gandhinagar , Dated the 16th March , 2002 .

Government Centeal Press , Gandhinagar.

V- Ex . 9-3

INDEX REGISTERED NO . G/GNR/2

Extra No. 10

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002/PHALGUNA 30 , 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT ( SUPPLEMENTARY) APPROPRIATION

BILL, 2002 .

GUJARAT BILL NO . 10 OF 2002 .

ABILL

to authorise payment and appropriation of certain further sums from and out ofthe Consolidated Fund ofthe State ofGujarat for the services ofthe financial year ending on the thirty - first day ofMarch, 2002.

:

It is hereby 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.

from and out of Issue of Rs.1,28,86,11,47,000 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 sums 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.

10-1

V-EX. 10-1

INDEX [PART V

10-2

GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

Services and purposes

Voted

Total

Charged on the Consolidated Fünd

No. of Vote/ Appro- priation

3

2

1

Rs .

Rs.

Rs .

0

-8,000

8,000

Revenue.

2

Agriculture

0

11,67,000

11,67,000

3

Minor Irrigation , Soil Conservation Revenue and Area Development

0

5,80,41,000

5,80,41,000

4

Revenue

0

1,30,84,000

1,30,84,000

Capital

Aniamal Husbandry and Dairy Development

0

2,000

Revenue

2,000 5

Co-operation.

12,00,00,000

1,000

12,00,01,000

Revenue

8

Education

0

Revenue

2,57,37,00,000.

12

2,57,37,00,000

Energy Projects

0

9,83,20,000

9,83,20,000

Capital

0

2,48,75,000 15

Revenue

2,48,75,000

Tax Collection Charges (Finance Department)

0

3,000 16

Revenue

3,000

Treasury and Accounts Administration

0

18

1,000

1,000

Revenue

Other expenditure pertaining to . Finance Department

Revenue

19

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

1,21,36,75,49,000

0 1,21,36,75,49,000

Capital

Repayment of debt pertainingto Finance Department and its servicing :

25

Revenue

Forests

7,59,79,000

1,59,000

7,61,38,000

0

1,000

1,000

Capital

0.

Revenue

3,000.

3,000 Elections

30 :

31

23,70,000

17,000

Public Service Commission

Revenue

23,87,000

32

Revenue

0

1,000

1,000 General Administration Department

0

34

1,64,85,000

1,64,85,000

Capital

Other expenditure pertaining to General Administration Department

Revenue

38.

Medical and Public Health

4,000

19,000

15,000

39

0

Revenue

5,34,41,000

5.34,41,000 FamilyWelfare

INDEX PART VI

GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-2002 10-3

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro-. priation

Charged on the Consolidated Fund

1

2

3.

Rs.

Rs .

Rs.

44

Transport

Revenue

72,49,000

0

72,49,000

46

Revenue

2,000

0

2,000 Otherexpenditure pertainingto HomeDepartment

47

Revenue

1,000

0

1,000 Industries and Mines Department

49

Industries

Revenue

0

1,000

1,000

54

Revenue

Information and Publicity

1,06,51,000

0

1,06,51,000

57

Revenue

Labour and Employment

1,000

0

1,000

60

Administration of Justice

Revenue

3,000

89,21,000

89,24,000

65

0

Narmada Development Scheme Capital

25,000

25,000

66

Irrigation and Soil Conservation

2,000

7,27,000

7,29,000

0

Revenue Capital

49,39,000

49,39,000.

67

Water Supply

Revenue 15,00,00,000

0

15,00,00,000

Capital

0

85,70,15,000

85,70,15,000

68

Revenue

0

95,39,000

95,39,000 Other expenditure pertaining to to Narmada , Water Resources and Water Supply Department

70

Community Development

Revenue 11,05,69,000

0 11,05,69,000

71

Revenue 45,60,07,000

0

45,60,07,000 Rural Housing and Rural. Development

72

Revenue

Compensation and Assignments

0

6,51,55,000

6,51,55,000

76

Revenue Department

Revenue

19,50,000

0

19,50,000

78

District Administrartion

Revenue

1,000

64,000

65,000

79

Revenue

1,000

0

1,000 Relief on account of Natural Calamities

80

DangsDisrict

Revenue

2,83,97,000

0

2,83,97,000

81

Revenue

Compensation and Assignments

1,80,97,000

1,43,000

1,82,40,000

0

28,62,000

Capital

28,62,000

82

Revenue

0

1,65,000

1,65,000 Other expenditure pertainingto Revenue Department

INDEX [PART V

GUJARAT GOVERNMENT GAZETTE ,, ΕΧ . , 21-3-2002 .

10-4

Services and purposes No. of Vote/ Appro- priation

2

1

Non-Residential Buildings 84

Sums not exceeding

Total Voted

Charged on the Consolidated Fund

3

Rs .

Rs.

Rs.

10,59,000 0

10,59,000

51,81,000

46,69,000

5,12,000

Revenue Capital

16,000 0

16,000

Revenue

85

Residential Buildings

86

Roads and Bridges

2,42,000 0

2,42,000

46,10,000

35,58,000

10,52,000

Revenue Capital

87

3,47,000 0

3,47,000

Capital

Gujarat Capital Construction Scheme

0

75,31,000

75,31,000

Revenue

88

Other expenditure pertaining to Roads and Buildings Department

88,000

88,000

0

Revenue

90

Social Security and Welfare

93

0 .

4,000 4,000

0

1,07,000

1,07,000

Revenue Capital

Special Component Plan for Scheduled Castes

3,000

73,04,000

73,07,000

Revenue

Tribal Area Sub -Plan

94.

17,31,000

17,31,000

0

Capital

0

4,000 4,000

Revenue .

96

Youth Services and Cultural Activities

0 1,43,90,81,000

Revenue

100

Urban Development

1,43,90,81,000

0

7,20,000

Revenue

102

Other expenditure pertaining to Urban Development and Urban Housing Department

Total:

7,20,000

6,48,88,91,000 5,07,53,05,000 1,41,35,86,000

Revenue :

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

98,94,38,000

Capital :

Grand Total: -

INDEX

1,22,79,64,04,000 1,28,86,11,47,000 6,06,47,43,000 PART V ]

10-5 .

GUJARAT GOVERNMENT GAZETTE , EX . , 21-3-2002

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance of article 204 of the Constitution of India read with article 205 thereof, to provide for the appropriation out of the Consolidated Fund of the State of Gujarat of the moneys required to meet the supplementary expendi- ture on certain services and purposes in relation to the finaricial year ending on the thirty-. first day of March , 2002.

Rs.

The amounts are shown below : -

6,48,88,91,000

Revenue Expenditure

(a)

1,22,37,22,56,000

(b) Capital Expenditure

Total :

1,28,86,11,47,000

NITIN PATEL .

Dated the March, 2002.

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

V.M. Kothare ,

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

Gandhinagar,

Dated the 21st March , 2002 .

Government Centeal Press , Gandhinagar.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XLIII ]

THURSDAY, MARCH 21 , 2002 / PHALGUNA 30. 1923

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT STATE TAX ON PROFESSIONS , TRADES, CALLINGS AND EMPLOYMENTS

(AMENDMENT) BILL , 2002 .

GUJARAT BILL NO . 11 OF 2002 .

A BILL

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

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

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

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

2. 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 ), President's Act11 of -1976.

( 1 ) item ( e) shall be deleted ;

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

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

Automobile Brokers .

"(h)

(i) Tour Operators or Travel Agents .

(j ) Cable TV Operators .

(k) Film Distributors .

(1) Owners ofAdvertising Agencies .

V- EX . 11-1

INDEX [PART V 11-2

GUJARAT GOVERNMENT GAZETTE , EX . , 21-3-2002

(m) Owners ofTuition 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 ofMarriage Halls and Party Halls ..

(q) Angadia or Courier Service Providers .

(r) Owners of Health Clubs and Recreation Clubs ." .

INDEX 11-3

PART VJ GUJARAT GOVERNMENT GAZETTE , EX . , 21-3-2002

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend the Gujarat State Tax on Professions , Trades, Callings and Employments Act , 1976 , with a view to giving effect to the proposal contained in the Budget speech of the Finance Minister in the Gujarat Legislative Assembly on the 27th February, 2002.

NITIN PATEL .

Dated the 21st March , 2002 .

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

1

V.M. Kothare, Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department. Garidhinagar , Dated the 21st March , 2002 .

Government Centeal Press, Gandhinagar .

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XLIII ]

THURSDAY, MARCH 21 , 2002/ PHALGUNA 30. 1923

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

PART- V

Bills introduced in the Gujarat Legislative Assembly .

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

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

THE GUJARAT SALES TAX ( AMENDMENT) BILL, 2002.

GUJARAT BILL NO.12 OF 2002 .

A BILL

further to amend the Gujarat Sales Tax Act, 1969.

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 Gujarat Sales Tax (Amendment) Act, 2002 .

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

Guj . 1 of 1970.

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

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.

V -EX . 12-1

12-1

INDEX [PART V 12-2

GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

Amendment ofsection 4AofGuj: 1 of.1970.

:

3. Inthe 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 Guj . 9 of figures "for the period beginning from the date of commencement of the 2000. Gujarat Sales Tax (Second Amendment) Act , 2000 and ending on the 28th Guj. 9 of February , 2003 , " shall be substituted. 2000.

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

Amendment 30 Guj . ofsection 1of1970.

"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 ofsection 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 1stApril , 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 ór 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 . 1of 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:

Inthe 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 . 1of 1970.

INDEX 12-3

EX.. 21-3-2002

GUJARAT GOVERNMENT GAZETTE ,

PART VI

(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: -

4.

3.

2.

1.

Four paise in the rupee.";

Fourpaise in the rupee .

"(ii ) Coconut (Copra) excluding tender Coconuts

(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.

INDEX 12-4

[PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 21-3-2002

STATEMENT OF OBJECTS AND REASONS

.This Bill seeks to amend the Gujarat Sales Tax Act, 1969, with a view to giving effect to the proposal contained in the Budget speech of the Finance Minister in the Legislative Assembly on the 27th February, 2002 .

NITIN PATEL.

Dated the 21st March , 2002 .

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

V.M. Kothare,

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

Gandhinagar, Dated the 21st March , 2002 .

Government Centeal Press , Gandhinagar .

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 / PHALGUNA 30 , 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT TAX ON SALE OF ELECTRICITY (REPEAL)

BILL , 2002 ...

GUJARAT BILL NO.45 OF 2002 .

A BILL

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 .

5 of1985.

Onandfrom the 1 April , 2002 , the Gujarat Tax on Sale of Electricity Repeal ofGuj. Act, 1985. shall stand repealed. 2.

Guj . 5 of 1985.

V-EX. 13-1

13-1

INDEX 13-2

[PART V GUJARAT GOVERNMENT. GAZETTE , EX . , 21-3-2002

STATEMENT OF OBJECTS AND REASONS

: ThisBill seeks to repe the Gujarat Tax on Sale ofElectricity Act, 1985 , with a view to giving effect to the proposal contained in theBudget speech ofthe Finance Minister in the Gujarat Legislative Assembly on the 27th February, 2002.

KAUSHIK PATEL .

Dated the 21st March , 2002.

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

V.M. Kothare,

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

Gandhinagar, Dated the 21st March , 2002.

Government Centeal Press, Gandhinagar.

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

सत्यमेवजयते

The Gujarat Government Gazette EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 /PHALGUNA 30, 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE BOMBAY ELECTRICITY DUTY (GUJARAT AMENDMENT) BILL , 2002.

GUJARAT BILL NO.14 OF 2002 .

A BILL

further to amend the Bombay Electricity Duty Act , 1958 .

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

Short title and commencement.

1. eisThis Act may be called the Bombay Electricity Duty (Gujarat Amendment) Act, 2002 .

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

Bom . XL of

:

Schedule I to Bom . XL of 1958 .

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 andword "45 per cent. " shall be substituted.

14-1

V-EX . 14-1

INDEX 14-2

[PART-V GUJARAT GOVERNMENT GAZETTE , ΕΧ . , 21-3-2002

STATEMENT OF OBJECTS AND REASONS

This Bill seeks to amend the Bombay Electricity Duty Act, 1958, with a view to giving effect to the proposal contained in the Budget speech of the Finance Minister in the Gujarat Legislative Assembly on the 27th February, 2002 .

KAUSHIK PATEL .

Dated the 21st March , 2002.

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

V.M. Kothare ,

Secretary to the Government of Gujarat , Legislative and Parliamentary Affairs Department. Gandhinagar , Dated the 21st March, 2002.

Government Centeal Press , Gandhinagar..

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 /PHALGUNA 30 , 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE BOMBAY STAMP ( GUJARAT AMENDMENT) BILL , 2002 .

Gujarat Bill No. 15 of 2002 .

A BILL

further to amend the Bombay Stamp 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 Stamp (Gujarat Amendment) Act, 2002.

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

1958.

Amendment of section 3 of Bom. LX of 1958..

2. IntheBombay 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 : -

"(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; ".

V-EX . 15-1

15-1

INDEX [PART V 15-2

GUJARAT GOVERNMENT GAZETTE , EX . , 21-3-2002

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 section46 ofBom. LX of1958.

In the principal Act, in Schedule I,

(1) in article 5, after clause (ga) , the following clause shall be inserted,

Amendment 4 . ofSchedule ItoBom. 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 partthereof on the amount of consideration of such agreement." ;

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

Subject to maximum of ten crores rupees -

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

Iof1956 . 394 of the Companies Act , 1956.

75

(i) an amount equal to 0.75 per cent . of the aggregate amount comprising of the 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 ofthe 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 . " .

INDEX 15-3

EX . , 21-3-2002

PART V ] GUJARAT GOVERNMENT GAZETTE ,

STATEMENT OF OBJECTS AND REASONS

This Bill seeksto amend the Bombay Stamp Act , 1958 with a view to giving effect to the proposal contained in the Budget Speech of the Finance Minister in the Gujarat Legislative Assembly on the 27th Febrиагу , 2002 ..

Dated the 21st March , 2002.

HAREN PANDYA .

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

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

Gandhinagar, Dated the 21st March , 2002 .

ے

Government Centeal Press , Gandhinagar..

INDEX REGISTERED NO . G/GNR/2 Extra No. 16.

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 / PHALGUNA 30 , 1923

Vol XLIII ] .

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 21st March, 2002 by. Shri Usmangani Devadiwala M.I.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for general information.

Gujarat Bill No. 16 of 2002.

THE GUJARAT WELFARE AND PROTECTION OF MINORITIES BILL , 2002 .

A BILL

to provide for the welfare and protection of life and properties of minority communities in the State of Gujarat and for matters connected therewith.

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 Welfare and Protection of Minorities , Act , 2002 .

Short title, extent and commence- ment.

(

It extends to the whole of the State of Gujarat .

(2)

Itshall come into force at once .

(3)

Definitions .

2:

In this Act , unless the context otherwise requires .

(a)

"Family Member " means and includes a husband, wife , son , daughter , mother, father, brother , sister or any other person with whom the deceased was residing .

16-1

V- EX. 16-1

INDEX ১

[PART V 1.6-2

GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

(b) "Minority Community " means a group of persons belonging to a community based on religion other than Hindus .

Special care to protect minority.

3. The State Government shall take special care to protect the life and properties of minority community from any attack or assault thereon and for this purpose the State Government may arrange for special squads of police .

Responsibility 4 . for communal disturbance.

(1 ) It shall be the paramount duty of the District Magistrate to maintain communal harmony and to keep a carefull watch and vigilance over the communal atmosphere in his district.

(2) The District Magistrate shall be responsible for any communal disturbance in his District and shall be liable for summary suspension during the Pendency of the investigation about his vigilance .

Offence and Penalties therefore.

5. (1) Any attack or assault on the life or properties of the minority community shall be a cognizable offence under this Act and shall be tried in the Court of the Magistrate not inferior to the Judicial Magistrate of First Class and any person directly or indirectly involved therein shall, on conviction , be punished with imprisonment for the term of not less than seven years .

(2) Any person or institution belonging to the minority community may lodge a complaint for any offence under this Act .

Compensation . 6. The State Government shall pay as a compensation in cash and within three months of the incident , if it is a loss of life Rs . 5 Lacs each , if it is a physical injury Rs . 50,000 each and if it is a loss or damage of properties the actual market value of the properties lost or damaged during the communal disturbance or violence .

Department. Separate 7. There shall be set up a separate and full- fledged Department at the Sachivalaya level at Gandhinagar entrusted for looking after and implementing the ways and means and the schemes of the educational , cultural , social economic and all - round development and welfare of minority communities and the Urdu and other languages of the minority communities .

8.

Power to make Rules .

( 1 ) The State Government may, make rules for carrying out the purposes of this Act.

(2) All rules made under this Act , shall be published in the Official Gazette and unless they all are expressed to come into force on a particular day, shall come into force on the day on which they are so published .

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

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

INDEX 4.

16-3 GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

PART V ]

STATEMENT OF OBJECTS AND REASONS

The lives and properties of persons belonging to the Minority communities deserve to be protected meticulously. Indian is a secular State and hence all communities are equal . In communal disturbances and riots the minority communities have generally to suffer. The District authorities in most of the cases are aware of the communal tension prevailing. They however , do not take prompt preventive measures , which result into heavy loss of lives and properties of the minorities . The summary action is, therefore , proposed against the District Magistrate who is responsible for maintaining law and order situation in the District .

The Government of a secular State should also look into the developmental and welfare activities of minority communities who are living economically , socially and educationally backward life since the Independence .

During the communal disturbances or violence many a persons of minority communities become the victims either in the form of physical injuries or loss or damage of properties and have to live a pitiable life thereafter . It is therefore proposed to provide for payment of compensation in cash and immediately within three months of the incident in which a person of minority communities has to lose life or either suffer physical injuries or loss or damage of properties either in communal disturbances , anti - minority violence or police firing . This provision will help to provide some compensation or relief to the persons affected and it will also discourage the forces behind the communal disturbances or violence in the State . It is also proposed to set up a separate Department at Sachivalaya level for the welfare activities of the minority communities in the State on the line of the Scheduled Castes and Scheduled Tribes in the Government Department of Social Justice and Empowerment Department . The States of U.P. and West Bengal and some other States in India have also set up such Departments .

For the all - round development of Gujarat and for the upliftment and welfare of the people of Gujarat, it is essential to maintain law and order and peace in the State of Mahatma Gandhi , Father ofthe Nation and great saint and propounder of non- violence .

Hence this Bill .

Dated : - 4/02/2002

USMANGANI DEVADIWALA

M.L.A.

Gandhinagar .

INDEX [PART V 16-4

GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-2002

MEMORANDUM REGARDING DELEGATED LEGISLATION .

Clause 8 of the Bill empowers the State Government to make rules for carrying out the purposes of the Act .

The delegation of Legislative powers is essential and is of normal character .

USMANGANI DEVADIWALA

Dated: 4/02/2002

M.L.A.

GANDHINAGAR

FINANCIAL MEMORANDUM

For the implementation of the provisions of the Bill and for its efficient functioning, a financial provision for a recurring expenditure of Rs . 50 lacs is estimated from the Consolidated Fund of the State .

USMANGANI DEVADIWALA

Date : 4/02/2002

M.L.A

GANDHINAGAR.

T. K. Doria ,

Gandhinagar.

Dated the 21st March . 2002 .

Secretary, Gujarat Legislative Assembly.

Government Centeal Press , Gandhinagar.

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

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 /PHALGUNA 30 ; 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 21st March, 2002 by Shri Usmangani Devadiwala M.I..A. is published under rule 127-A of the Gujarat Legislative Assembly Rules for general information.:

Gujarat Bill No. 17 of 2002 .

THE GUJARAT CO - OPERATIVE SOCIETIES ( AMENDMENT)

BILL, 2002

ABILL

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

It ishereby 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 Gujarat Co- operative Societies (Amendment) Act, 2002

(2) It shall come into force at Once .

2

Gujarat Xof 1962.

Amendment of section 2 of Gujarat, Xof 1962.

In the Gujarat Co-operative . Societies Act, 1961 (hereinafter referred to as " the principal Act in section 2, after clause (4) , the following clause shall be inserted namely : -

: "(4A) " Commission " means the Gujarat Co- operative Service Commission constituted under Section 156 A"

Amendment of Section76Aof Gujarat. Xof 1962.

3. In the principal Act, in section 76A, in sub- section ( 1 ) and (2) for the words "previous approval of the Registrar " the words "Previous approval of the Commission " shall be substituted.

17-1

V-EX. 17-1

INDEX [ PART V 17-2

GUJARAT GOVERNMENT GAZETTE , EX , 21-3-2002

4. In the principal Act, in section 76B , after sub- section (2) , the following sub- section shall be added , namely :

Amendment of Section 76B of Gujarat X of 1962.

"(3) No order under sub -section ( 1 ) or (2) shall be made except after consultation, with the Commission. "

5.

In the principal Act , after section 156 , the following section shall be inserted, namely: -

Insertion of new section 156A in Gujarat X of 1962.

" 156A . ( 1 ) There shall be constituted for the purpose of selection of candidates for appointment in co - operative Societies , a Commission to be called the Gujarat Co -operative Service Commission .

Constitution.. of Coperative Service Commission.

(2) The Commission shall consist of a Chairman and not less than two and not more than four other members as the State Government may think fit to appoint.

(3) The Chairman of the Commission shall be the person who has been , or is a judge of the High court or a person who holds or has held a post not below the rank of a Secretary to the State Government .

(4) Members of the Commission shall be persons who , in the opinion of the State Government , have sufficient experience in the field of personnel management and Co - operation.

(5) The qualifications and experience of the members of the Commission shall be such as may be determined by the State Government .

(6) The Chairman and members of the Commission shall hold office for a term of five years from the date of their appointment and on ceasing to hold office after the expiration of their term , they shall be ineligible for reappointment as such Chairman and members .

(7) The Commission shall have a Secretary and such other officers and servants as may be required to enable the Commission to discharge its functions under this Act who may be appointed by the State Government.

(8) The Salary and allowances and other conditions of services of the Chairman and other members of the Commission and of the Secretary and other officers and servants of the Commission shall be such as the State Government may , by order determine.

(9) It shall be the duty of the Commission to select candidates for appointment in such societies as may be specified by the State Government by notification in the Official Gazette.

(10) Every Society , shall consult the Commission: -

(a) On all matters relating to methods of recruitment in society , and

(b) On all disciplinary matters affecting a person serving under the society who is appointed on the recommendation of the Commission.

( 11 ) The procedure to be followed in respect of the selection of candidates and the internal working of the Commission shall be such as may be determined by the State Government . "

INDEX 17-3 PART V] GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

STATEMENT OF OBJECTS AND REASONS .

At present each Co- operative Society selects its employees at its own way . In order to make Co- operative movement effective in the State and with a view to avoiding the complaints regarding irregularities and malpractices in the selection of staff . of the Co -operative Societies , it is considered necessary to establish a. Co - operative Service Commission . Moreover , in the matters regarding disciplinary action , it is also considered necessary to consult the Commission . This Bill seeks , to amend the Gujarat Co- operative Societies Act , 1961 so as to achieve the aforesaid objects .

USMANGANI DEVDIWALA Date : 4/2/2002 .

M.L.A.

Gandhinagar

FINANCIAL MEMORANDUM

Sub -section ( 8 ) of new section 156 - A proposed to be inserted by clause 5 of the Bill provides for the salary and allowances and other conditions of service of the Chairman , members , officers and servants of the Co - operative Service Commission . This provision if enacted and brought into operation would involve an estimated annual expenditure of about rupees fifteen lakhs from the Consolidated Fund of the State , out of which about rupees ten lakhs would be of a recurring nature and about rupees five lakhs would be of a non recurring nature .

USMANGANI DEVADIWALA Date 4/02/2002 .

M.L.A.

Gandhinagar .

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

17-4

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 :-

(1) Sub -section (5) of new Section 156A proposed to be inserted by this clause empowers the State Government to determine the qualifications and experience of the members of the Co -operative Service Commission .

(2) Sub-section (8) of the said new section 156A, empowers the State Government to determine by order the salary and allowances payable to , and other conditions of service of the Chairman , Secretary other officers and servants of the Commission .

(3) Sub-section (9) of the said new Section , 156A, empowers the State Government to specify by notification the societies for which the Commission shall select candidates for appointment in such societies .

(4) Sub-section ( 11 ) of the said new Section , 156A, empowers the State Government to determine the procedure to be followed, by the Commission in respect of the ' selection of candidates and the internal working of the Commission .

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

USMANGANI DEVADIWALA Date 4/02/2002.

M.L.A.

Gandhinagar .

INDEX 17-5 GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-2002

PART V ]

ANNEXURE .

Extracts from the Gujarat Co - operative Societies Act , 1961 (Gujarat . X of 1962.) .

Appointment Managing Director or Chief Executive or removal of Officer to approved.

"76A ( 1 ) No managing Director or Chief Executive Officer of such , society or a society falling within such class of societies as the State Government may by notification in the Official Gazette specify (hereinafter in this section referred to as "the notified society " ) or person exercising the powers and performing the functions and duties of the Managing Director or Chief Executive Officer of such notified society by whatever designation know , shall be appointed or removed by such notified society except with the previous approval of the Registrar.

(2) Any appointment of removal of a Managing Director or a Chief Executive Officer or a person exercising the powers and performing the functions and duties of such Director or Officer made without the previous approval of the Registrar shall be void .

Removal of Officer .

76B . ( 1 ) If ; in the opinion of the Registrar , any officer makes persistent default or is negligent in performance of the duties imposed on him by this Act or the rules of the bye - laws or does anything which is prejudicial to the interests of the society or where he stands disqualified by or under this Act, the Registrar may, after giving the officer an opportunity of being heard , by order remove such officer and direct the society to elect or appoint a person or a qualified member in the vacancy caused by such removal and the officer so elected or appointed shall hold office so long only as the officer in whose place he is elected or appointed would have held if the vacancy had not occurred .

(2) The Registrar may, by order , direct that the officer so removed shall be disqualified to hold or to contest election for any office in the society from which he is removed and in any other society for a period not exceeding four years from the date of the order and such office shall stand disqualified accordingly.

T. K. Doria , Gandhinagar.

Secretary, Dated the 21st March , 2002 .

Gujarat Legislative Assembly.

EX. 17: 2

V-

Government Centeal Press , Gandhinagar .

INDEX Extra No. 18

REGISTERED NO . G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 / PHALGUNA 30 , 1923

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

The following Bill which was introduced on the 21st March , 2002 by Shri Usmangani Devadiwala M.1.A. is published under rule 127 -A of the Gujarat Legislative Assembly Rules for. general informat" on :

Gujarat Bill No. 18 of 2002 ,

THE GUJARAT STATE SPORTSMEN ENCOURAGEMENT BILL , 2002

A BILL

to provide assistance and encouragement to the leading sportsmen of the State and matters.connected therewith.

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

1. ( 1) This Act may be called the Gujarat State Sportsmen Encouragement Act, 2002.

Short title, extent and commence- ment (2) It extends to the whole of the State of Gujarat .

18-1

>

V- EX. 18-1

INDEX [PART V 18-2.

GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 21-3-2002

(3) It shall come into force at once.

Definitions.

In this Act, unless the context otherwise requires: -

2.

(a) "Government Servant " means any person appointed to any civil service or post in connection with the affairs of the State of Gujarat and includes also the following -

(i) a Government servant on deputation to other Governments in India.

(ii ) Government servant on foreign Service .

(b) "Prominent Sportsman or Promising Sportsman who has secured first, second and third place in any National or International level event of the Sports or Games .

(c) "Promising Sportsman " means ' a Sportsman who has secured first , second or third place in State level competition of the Sports or games.

(d) "Sportsman " includes Sportswoman .

Free hostel 3: facility.

Prominent Sportsman or Promising Sportsman may be provided free Lodging, Boarding and practice facility in the Sports Hostels established by the State Government .

Scholarship . 4. Prominent Sportsman shall be given Scholarship of Rupees five thousand for the year in which he has secured first , second or third place .

Loan Facility . 5 . Prominent Sportsman and Promising Sportsman on applicationi made on this behalf may be granted a loan without interest up to rupees ten thousand repayable in maximum fifty monthly installments .

Encourage- ment amount.

6. Prominent Sportsman or . Promising Sportsman who is called for selection trial for any international sportsmeet may be granted a sum of rupees ten thousand as an encouragement amount.

Special assistance award.

7. A Sportsman who has represented or selected for representing India in any international Sportsmeet may be granted a sum of Rupees 25,000/ - as a special assistance award.

Free residential Plot.

8. i A Prominent Sportsman or Promising Sportsman shall be allotted free residential plot measuring 200 sq.m. at the place where he ordinarily resides .

INDEX 3

18-3 PART V ] GUJARAT GOVERNMENT GAZETTE, EX. , 21-3-2002

Encourage-ment to Government Servants.

9. A Government Servant who is participating in the district level , State level or National level Sports competition shall be given

(a) Kitallowance upto Rs . 1000/- and

(b) One month special leave for preparation for competition ; and

(c) Travelling allowance and daily allowance for the days of actual participation in the competition.

Leave Facility.

10. A Government Servant who is a Prominent Sportsman or Promising Sportsman may be allowed upto six months special leave in service for preparation for National Level or International Level Sports Competition.

Light Duty .

11. A Prominent Sportsman or Promising Sportsman who is in Government Service may be assigned light duty and he may be transferred at suitable place where he can promote his sports .

12. (1 ) A Government servant who is a Prominent Sportsman may be granted out ofturn promotion to next higher rank once in his service period.

Out of turn promotionand seniority in promotion.

(2). A Government servant who is a promising Sportsman may be given six months seniority in his promotion to next higher rank .

Power to make rules .

13. (1 ) The State Government may make rules for carrying out the purposes of this Act.

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

(a) The authority by which and the manner in which the free Lodging , Boarding and practice facility is to be provided. (b ) Rules regulating the award to be given to Prominent Sportsman and Promising Sportsman .

(c) Rules regulating grant of loans , encouragement award and special assistance award.

(d) Rules regulating assignment of suitable transfer, light duty and special leave.

(e) Rules regulating the kit allowance , on duty leave , travelling and daily allowance under section 9 .

(f) Rules regulating promotion to next higher rank, and seniority in promotion.

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. ८

INDEX [PART V GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

18-4

STATEMENT OF OBJECTS AND REASONS .

Many promising and prominent sportsmen of the State of Gujarat are facing difficulties of finance . Such Sportsmen who are representing Gujarat State or India and earning glory for the State and National deserve encouragement, as well as assistance from the State. The present facility like nominal scholarship is highly inadequate . No loan or scholarship is available to them . Adequate facility for practice free lodging and boarding facility etc. should be provided to the leading sportsmen: Government should help such sportsmen who earns glory for State and National and thereby put name of the State of Gujarat on the top of the medal tally of the Nation and International level sports meet .

Date : 4/2/2002

Gandhinagar.

USMANGANI DEVADIWALA

M.LA.

INDEX PART VI

18-5 GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

FINANCIAL MEMORANDUM

The Bill involves expenditure in the following respects : -

(1). Clause 4 of the Bill provides for granting of scholarship of Rs . 5000/- to prominent sportsman.

(2) Clause 5 of the Bill provides for loan facility to both prominent as well as Promising Sportsman .

(3) Clause 6 of the Bill provides for granting a sum of Rs . 10,000/- as an encouragement amount .

(4) Clause 7 of the Bill provides for granting of a sum of Rs . 25,000/- as a special assistance award.

(5) Clause 9 of the Bill provides for granting of sum of Rs . 1000/ - as kit allowance . It also provides for travelling and daily allowance to Government Servant .

These provisions if enacted and brought into operation , would involve an estimated annual expenditure of about Rs . 25,00,000/- from the Consolidate Fund of the State , which would of recurring nature .

Date : 4/2/2002

Gandhinagar .

USMANGANI DEVADIWALA

M.LA.

INDEX [PART V

EX:, 21-3-2002

GUJARAT GOVERNMENT GAZETTE ,

18-6

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

:

Clause 13 : ( 1 ) Sub - clause ( 1) of this clause empowers the State Government to make rules for carrying out the purposes of this Act.

(2) Sub-clause (2) of this clause empowers the State Government to make rules in all or any ofthe following matters: -

(a) the authority by which and the manner in which the free lodging, boarding and practice facilities to be provided.

Regulating the award to be given to prominent sportsman and promising ( b)

sportsman; Regulating grant of loans , encouragement amount and special assistance awards ;

(c)

(d) Regulating assignment of suitable transfer , light duty and special leave ;

(e) Rules regulating the kit allowances , on duty leave travelling and daily allowance under section 9 ;

(f) Regulating out of turn promotion and giving seniority .

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

Date : 4/2/2002

USMANGANI DEVADIWALA Gandhinagar .

M.LA.

T. K. Doria ,

Gandhinagar

Dated the 21st March , 2002 .

Secretary,

Gujarat Legislative Assembly.

Government Centeal Press , Gandhinagar.

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

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, MARCH 21 , 2002 /PHALGUNA 30 , 1923-

Vol XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

Gujarat Bill No. 19 of 2002 .

THE GUJARAT PREVENTION OF EXTENSION OR RE- EMPLOYMENT OF GOVERNMENT EMPLOYEES AFTER SUPERANNUATION.

BILL 2002 .

ABILL

to provide for the prevention of extension or re -employment of Government employees after attaining the age of superannuation in the State of Gujarat and for matters connected therewith.

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 Prevention of Extension or Re- employment ofGovernment Employees after Superannuation Act, 2002.

Shorttitle extent and commence- ment.

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

(3) It shall come into force at once.

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

(i) "Extension or re - employment " means giving extension for a particular period or giving re-employment for a particular period to Government employees , who have retired on attaining the age of superannuation.

(ii ) "Government Employee " means and includes any Class - 1 , Class - II , or Class - III . employee ofthe State Government

(iii) "Government " means the Government of the State ofGujarat .

19-1

V- EX . 19-1

INDEX 19-2

GUJARAT GOVERNMENT GAZETTE , EX. , 21-3-2002

[PART V

Prevention of 3. extension or

No. Government Employee shall be given extension or re-employment after attaining the age of superannuation in any Government or Semi-Government office of in any Board of Corporation constituted or owned by the State Government.

re- employment .after

superannua- tion.

STATEMENT OF OBJECTS AND REASONS

The State Government now- a-days in many cases has started giving extension or re- employment to Government employees on their original posts or in Government Board/Corporations after attaining their superannuation age. This has created unhealthy atmosphere and depressions amongst their next juniors , who are otherwise , eligible for promotion and waiting for their turn. It may sometimes happen that such juniors retire without getting promotion, though they are eligible for it. Hence this has badly affected the administration, reflecting the bad picture of the administration in the minds of general public.

This has also created unemployment position as well as unhealthy atmosphere amongst educated younger generation, waiting for job opportunity in the State administration,

The State Government has to bear more financial burden, as the employee getting extension or re- employment are drawing highest pay by this time, hence no benefit on the part of the State Government .

V

It is, therefore, bigli time now that steps should be taken through legislation to prevent this practice, as there is no such effective Laws and Rules, which can prevent Government to do so .

Hence, thisBill:

Dated: 14th March, 2002.

ARVINDBHAI PATEL

M.L.A.

Gandhinagar

T. K. Doria,

Gandhinagar. Dated the 21st March , 2002.

Secretary, GujaratLegislative Assembly,

Government Centeal Press , Gandhinagar.

INDEX REGISTERED NO. G/GNK/ ?

Extra No. 20

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ] WEDNESDAY MARCH 27 , 2002 /CAITRA 6. 192

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

PART- V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT SECONDARY EDUCATION (AMENDMENT ) BILL, 2002.

GUJARAT BILL NO . 20 OF 2002 .

A BILL

further to amend the Gujarat Secondary Education Act, 1972 .

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

Short title and commencement.

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

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

Amendment of long title of Guj . 18 of 1973.

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 ..

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

Amendment of section 1 of Guj . 18 of 1973. 1973.

20-1

V. Ex . 20-1

INDEX 20-2

PART V GUJARAT GOVERNMENT GAZETTE, EX . , 2-3-3-2002

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;

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

1

(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 inclüding 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 20-3 PART VI GUJARAT GOVERNMENT GAZETTE, EX . 27-3-2002

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

(vii ) The Director, Gujarat State Council of Educational Research and 'Training.

(viii ) The Director of Employment and Training.

(ix) Two officers of Education Department not below the rank of Deputy 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 of 1860 . Bom . XXIX of1950.

"(vii) four members elected by the representatives of the management ofregistered 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) inclause (ix) and in para ( 1 ) of the Explanation thereunder , after the words " secondary schools " , the words " and registered private higher secondary schools " shall be inserted;

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

INDEX [PART V 20-4

GUJARAT GOVERNMENT GAZETTE , EX , 277-3-2002

(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 ofsection 8 of Guj .18 of 1973;

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

Amendment ofsection 17 ofGuj . 18 of 1973 .

( 1) in clause ( 1 ) , after the words " sccondary 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 Higher Secondary 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 be added;

(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 VI

20-5

GUJARAT GOVERNMENT GAZETTE , EX.. 27-3-2002 ..

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

Ainendment of section 31 of Guj . 18 of 1973.

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

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

Guj . of. 2002 .

"(2A) As soon as may be after the commericement 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 ;

Guj . of 2002.

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

of section 33 Amendment ofGuj . 18 of 1973,

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

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, -

Amendment ofsection 35 of Guj . 18 of 1973.

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

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

INDEX 20-6

[ PART V GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002,

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 .

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 ofreferences 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 by this Act.

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

INDEX PART VI

20-7

GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-2002

SCHEDULE

( See section 18)

Shorttitle

Sr. No.

2

1

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 Universitý Act, 1965 .

(Guj . 38 of 1965)

INDEX

Extent of Amendment

3

In section 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 .

section 42 , in clause ( i ) , - In

(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;

20-8

GUJARAT GOVERNMENT GAZETTE . EX..27-3-2002

PART V

(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 1-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 :

Áct, 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 .

INDEX 20-9 GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002

PART V]

STATEMENT OF OBJECTS AND REASONS

After the introduction of new pattern of secondary education ( 10 + 2) , the education imparted in standards VIII to X is treated as ' secondary education ' and the education imparted in standards XI and XII is treated as ' higher secondary education' . The secondary education in the State is regulated by the Gujarat Secondary Education Board established under the Gujarat Secondary Education Act, 1972. It is considered . necessary to entrust the regulation of the Higher Secondary Education to the said Gujarat Secondary Education Board.

ThisBill seeks to amend the Gujarat Secondary Education Act , 1972 to achieve the aforesaid object .

ANANDIBEN PATEL .

MEMORANDUM REGARDING DELEGATED LEGISLATION

This Bill involves delegation of legislative power in the following respect : -

Clause 1.-Sub-clause (2) of this clause empowers the State Government to appoint by notification in the Official Gazette , the date on which this Act shall come into force.

Clause 5. Clause (vii ) under the heading "Class B -Elected Members" in sub-section (2) of section 3 proposed to be inserted by item (iii ) of para (b ) of sub -clause (2 ) of this clause empowers the State Government to prescribe by rules , the manner in which the State Government shall appoint four members , amongst the 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 .

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

ANANDIBEN PATEL .

Dated the 22nd March, 2002.

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

V. M. Kothare,

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

Gandhinagar ,

Dated the 27th March , 2002 .

Government Centeal Press, Gandhinagar.

V- Ex - 20-3 .

INDEX REGISTERED NO. G/GNR/ 2 Extra No. 21 .

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

WEDNESDAY MARCH 27 , 2002 / CAITRA 6 , 1924-

Vol . XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

Y

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

THE GUJARAT APPROPRIATION BILL, 2002.

GUJARAT BILL NO . 21 OF 2002 .

ABILL

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:-- Itishereby 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, fourhundred forty -three crores , forty- eight lakhs , ninety- nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2002-2003 in repect 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.

:

21-1

V Ex 21-1

INDEX [ PART V

21-2

GUJARAT GOVERNMENT. GAZETTE , EX. , 27-3-2002

SCHEDULE

(See sections 2 and 3 )

Sums not exceeding

No. of

Total

Voted

Services and purposes

Charged on the Consolidated Fund

Vote/ Appro- priation

3

2

Rs .

Rs .

Rs.

4,66,14,000

4,66,14,000

1

Revenue,

Agriculture and Co- operation Department

4,69,94,23,000

4,69,94,23,000

Revenue

2

-Agriculture

55,01,000

55,01,000

Capital

29,13,01,000

29,13,01,000 /

Revenue

10,000

10,000

Capital

3 Minor Irrigation , Soil Conservation and Area Development

64,27,46,000

Revenue 64,27,46,000

4

Animal Husbandry and. Dairy Development

Revenue

35,73,39,000 5

35,73,39,000

Co-operation

12,99,63,000

12,99,63,000

Capital

2,98,25,000 6

2,98,25,000

Capital

Other expenditure pertaining to Agriculture and Co- operation Department

7 .

2,91,85,000

Revenue

2,91,85,000

Education Department

8

38,23,87,67,000

39,91,08,17,000 Education

Revenue

1,67,20,50,000

9

4,90,86,000

4,90,86,000

Revenue

99,24,45,000

99,24,45,000

Other expenditure pertaining to Education Department

Capital

10

Revenue

1,81,57,000

1,81,57,000

Energy and Petro- Chemicals Department

Revenue 6,33,82,000

6,33,82,000 11

Tax Collection Charges (Energy and Petro -Chemicals Department)

12

21,51,56,50,000

21,49,31,50,000

2,25,00,000

Revenue

Energy Projects

3,33,35,50,000

Capital

3,33,35,50,000

13

Revenue

15,00,000

15,00,000

11,01,56,000

11,01,56,000

Capital

Other expenditure pertaining to Energy and Petro -Chemicals Department

INDEX PART VJ

21-3

27-3-2002

GUJARAT GOVERNMENT GAZETTE , EX. ,

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1

2

3

Rs .

Rs .

Rs .

14

Revenue

6,34,40,000

Finance Department

6,34,40,000

Capital

15

Revenue 66,05,89,000

66,05,89,000 Tax Collection Charges (Finance Department)

16

Revenue 40,63,90,000

40,63,90,000 Treasury and Accounts Administration

17

10,00,000

Revenue 12,05,71,00,000

12,05,81,00,000 Pensions and other Retirement Benefits

18

Revenue 3,00,16,38,000

3,00,16,38,000 Other expenditure pertaining to Finance Department

3,01,80,000

Capital

3,02,80,000

19

Revenue

45,22,98,74,000 45,22,98,74,000

Capital

14,82,99,09,000

14,82,99,09,000

Repayment of debt pertaining to Finance Department and its servicing

20

Revenue

6,70,60,000

6,70,60,000 Food, Civil Supplies and ConsumerAffairs Department

21

Revenue 1,26,09,10,000

1,26,09,10,000 CivilSupplies

22

Food

Revenue

12,12,90,000

12,12,90,000

Capital

23

39,10,000

39,10,000

Capital

Other expenditure pertaining to Food, Civil Supplies and ConsumerAffairs Department

24

Revenue

1,86,25,000

1,86,25,000 Forest and Environment Department

Revenue

Forests

25

1,16,01,50,000

1,16,01,50,000

1,02,12,08,000

Capital

1,02,12,08,000

26

Revenue

5,84,00,000

Environment

5,84,00,000

27

Capital

1,84,60,000

1,84,60,000 Other expenditure pertaining to Forest and Environment Department

INDEX [PART V

21-4

GUJARAT GOVERNMENT GAZETTE , EX , 27-3-2002

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

3

2

1

Rs .

Rs .

Rs .

2,31,16,000

2,31,16,000

Revenue

Governor

28

3.96,50.000

3,96,50,000

Revenue

Council of Ministers

29

71,83,24,000

71,83,24,000

Revenue

Elections

30

97,60,000

3,77,50,000

Revenue

2,79,90,000

Public Service Commission

31

84,01,14,000

Revenue 84,01,14,000

32

General Administration Department

7,54,35,000

7,54,35,000

Revenue

Economic Advice and Statistics

33

5,92,000 18,94,55.88,000

18,94,49,96,000

Revenue

34

13.25.12.80,000

13,25,12,80,000

Capital

Otherexpenditure pertaining to General Administration Department

9.04.82.000

10.34,000

Revenue

8.94.48.000

35

State Legislature

11,70,000

11,70,000 36

Capital

Loans and Advances to Government Servants in Gujarat Legislature Secretariat

37

Revenue

3,82,75.000

3,82,75,000 Health and Family Welfare Department

38

Medical and Public Health

Revenue 7.02.92.79,000

7.02.92.79,000

39

FanilyWelfare

Revenue 1,44.91.72.000

1,44,91.72.000

40

Revenue

13.50.000

13.50.000

4.36.70.000

4,36,70.000

Capital

Other expenditure pertaining to Health and Family Welfare Department

41

Home Department

Revenue

4.74.75.000

4.74,75,000

42

Police

Revenue 7.37.28.09.000

7.37.28.09,000

43

Jails

Revenue 23,86,39,000

23.86.39.000

44

Transpon

Revenue 1.8.3.21.85.000

1.83.21.85.000

Capital 20.11,00,000

20.11.00.000

45

StateExcise

Revenue

4.89.55,000

4,89.55.000

INDEX 21-5 PART VI GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002

Sums not exceeding

Total

Voted

Services and purposes

Charged on the Consolidated Fund

No. of Vote/ Appro- priation

3

2

Rs .

Rs .

Rs .

58,88,61,000 46

58,85,61,000

Revenue

1,32,73,06,000

1,32,73,06,000

Capital

Other expenditure pertaining to Home Department

4,53,60,000 47

4,53,60,000

Revenue

Industries and Mines Department

40,06,44,000

48

Revenue 40,06,44,000

Stationery and Printing

4,81,41,71,000

Revenue 4,81,41,71,000

49

Industries

46,50,50,000

46,50,50,000

Capital

23,01,34,000

Revenue 23,01,34,000

50

Mines and Minerals

22,91,67,000

51

Tourism

Revenue 22,91,67,000

Capital

6,26,17,000

6,26,17,000

Revenue

52

7,02,75.000

7,02.75,000

Capital

Other expenditure pertaining to Industries and Mines Department

71,50,000

71,50,000

Revenue

53

Information and Broadcasting Department

25,74,00,000

25,74,00,000

Revenue

54

Information and Publicity

2,52,50,000

2,52,50,000

Revenue

55

50,40,000

50,40,000

Capital

Otherexpenditure pertaining to Information and Broadcasting Department

2,41,00,000

2,41,00,000

Revenue

56

Labour and Employment Department

1,64,86,64,000

1,64,86,64,000

Revenue

57

Labour and Employment

2,10,85,000

2,10,85,000

Capital

58

Other expenditure pertaining to Labour and Employment Department

2,15,55,000

2,15,55,000

Revenue

59

Legal Department

Revenue

12,99,85,000 1,18,54,15,000

1,05,54,30,000

60

Administration of Justice

Revenue

4,87,65,000

4,87,65,000 61

2,03,20,000

2,03,20,000

Capital

Other expenditure pertaining to Legal Department

Revenue

1,96,80,000

1,96,80,000 62

Legislative and Parliamentary AffairsDepartment

V- Ex.21-2.

INDEX 21-6

GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002

[PART V

Sums not exceeding

Services and purposes

Voted

Total No. of Vote/ Appro- priation

Charged on the Consolidated Fund

1

2

3

Rs.

Rs .

Rs.

63

6,60,000

Capital

6,60,000 Other expenditure pertaining to Legislative and Parliamentary AffairsDepartment

64

Revenue

5,23,20,000

5,23,20,000 Narmada , Water Resources and Water Supply Department

65

Narmada Development Scheme Capital 7,20,25,74,000

7,20,25,74,000

66

Irrigation and Soil Conservation

19,34,25,47,000

19,34,25,47,000

2,72,92,90,000

Revenue

Capital

2,72,92,90,000

67

WaterSupply

Revenue 1,46,62,00,000

1,46,62,00,000

4,50,11,00,000

Capital

4,50,11,00,000

68

Revenue

25,000

25,000 Other expenditure pertaining to Narmada , Water Resources and Water Supply Department

Capital

5,89,40,000

5,89,40,000

69

Revenue

2,73,40,000

2,73,40,000 Panchayats , Rural Housing and RuralDevelopment Department

70

Revenue

Community Development

2,58,51,24,000

2,58,51,24,000

71

Revenue 3,77,62,07,000

5,28,94,87,000

1,51,32,80,000

Rural Housing and Rural Development

Capital

:. 22,50,000

22,50,000

72

Revenue

Compensation and Assignments

76,46,16,000

76,46,16,000

73

Revenue 62,19,30,000

62,19,30,000

21,99,50,000

Capital

21,99,50,000 Other expenditure pertaining to Panchayats , Rural Housing and Rural Development Department

74

Fisheries

Revenue 14,68,65,000

14,68,65,000

Capital

4,51,01,000

4,51,01,000

75

Revenue

83,50,000

83,50,000 OtherExpenditure pertaining to Ports and Fisheries Department

68,02,000

Capital

68,02,000

76

Revenue Department

Revenue

7,28,85,000

7,28,85,000

77

Revenue

54,56,60,000

54,56,60,000 Tax Collection Charges (Revenue Department )

INDEX 21-7 GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002

PART V ]

No. of                                                                Sums not exceeding
Vote/        Services and purposes                                                                  Total
                                                          Voted               Charged on
 Appro-                                                                    the Consolidated
 priation                                                                        Fund
 1                          2                                                      3
                                                                                  Rs .            Rs .
                                                             Rs.
 78
            District Administration          Revenue     68,70,50,000                       68,70,50,000
 79
            Relief on account of Natural     Revenue    4,04,13,00,000                    4,04,13,00,000
             Calamities
 80         DangsDistrict                    Revenue                                        18,93,75,000
                                                          18,93,75,000
 81          Compensation and Assignments    Revenue      23,62,15,000        12,50,000     23,74,65,000
                                             Capital
  82         Other expenditure pertaining to Revenue        38,60,000                          38,60,000
             Revenue Department              Capital       7,40,30,000                       7,40,30,000
  83         Roads and Buildings Department  Revenue       5,34,00,000                       5,34,00,000
  84         Non-Residential Buildings       Revenue    2,23,05,69,000                    2,23,15,69,000
                                             Capital      84,90,87,000                      84,90,87,000
   85         Residential Buildings          Revenue      73,70,88,000                      73,70,88,000
                                             Capital      19,14,12,000                      19,14,12,000
   86         Roads and Bridges              Revenue    4,62,05,37,000                    4,62,05,37,000
                                             Capital     5,51,64,13,000                   5,51,64,13,000
   87         Gujarat Capital Construction   Revenue       8,01,95,000                       8,01,95,000
              Scheme                         Capital      17,23; 00,000                     17,23,00,000
   88         Otherexpenditure pertaining to  Revenue     10,99,03,000                      10,99,03,000
              Roads and Buildings Department  Capital      3,60,85,000                       3,60,85,000
   89          Social Justice and Empowerment Revenue      2,31,85,000                       2,31,85,000
              Department
    90         Social Security and Welfare    Revenue    1,92,70,03,000                   1,93,25,03,000
                                              Capital      1,37,31,000                       1,37,31,000
    91         Welfare of Scheduled Tribes    Revenue     62,74,07,000                      62,74,07,000
                                              Capital      1,05,00,000                       1,05,00,000
     92        Other expenditure pertaining to Capital      1,74,25,000                      1,74,25,000
                Social Justice and Empowerment
               Department
     93         SpecialComponent Plan for     Revenue    2,86,45,03,000                   2,86,45,03,000
                Scheduled Castes              Capital      14,27,10,000                     14,27,10,000

INDEX [PART V

GUJARAT GOVERNMENT GAZETTE , EX. , 27-3-2002

21-8

Sums not exceeding

Total Services and purposes

Voted

No. of Vote/ Appro- priation

Charged on the Consolidated Fund

2

3

1

Rs .

Rs .

Rs .

Revenue 8,84,07,80,000

Tribal Area Sub - Plan

94

8,84,07,80,000

1,20,66,32,000

1,20,66,32,000

Capital

Revenue

97,73,000

95

97,73,000 Sports, Youth and Cultural Activities Department

Revenue

96

26,56,67,000

26,56,67,000 Youth Services and Cultural Activities

97

37,35,000

37,35,000

Capital

Other expenditure pertaining to Sports , Youth and Cultural Activities Department

Revenue

98

1,64,80,000

1,64,80,000 Urban Development and Urban Housing Department

99

Revenue 11,04,35,000

57,42,75,000

68,47,10.000 UrbanHousing

100

Revenue 3,61,03,02,000

Urban Development

3,61,03,02,000

2,33,00,000

Capital

2,33,00,000

101

Revenue

74,36,00,000

24,00,03,000

98,36,03,000 Compensation , Assignments and Tax Collection Charges

102

Revenue

1,19,40,000

1,19,40,000

Capital

60,38,000-

60,38,000 Other expenditure pertaining to Urban Development and Urban Housing Department

103

Revenue

65,30,000

65,30,000 Women and Child Development Department

104

Revenue

1,52,42,60,000

30,00,000 1,52,72,60,000

9,90,000

Capital

9,90,000 Other expenditure pertaining to Womenand Child Development Department

Total:

Revenue 1,96,04,21,82,000 49,44,67,49,000 2,45,48,89,31,000

Capital 44,11,56,59,000

14,83,03,09,000 58,94,59,68,000

Grand Total :

2,40,15,78,41,000

64,27,70,58,000 3,04,43,48,99,000

INDEX 21-9 PART V ] GUJARAT GOVERNMENT GAZETTE, EX. , 27-3-2002

STATEMENT OF OBJECTS AND REASONS

Article 204(1 ) of the Constitution of India requires that as soon as may be after the grants have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State , of all moneys required to meet-

(a) the grants so made by the Assembly, and

(b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the Statement previously laid before the Legislative Assembly.

The Bill accordingly specifies the gross amount required to meet grants made by the Assembly and the expenditure charged on the Consolidated Fund of the State for the financial year ending on the 31st March , 2003 .

Rs .

The amounts are shown below : -

2,45,48,89,31,000

(a) Revenue Expenditure

58,94,59,68,000

(b) Capital Expenditure

Total :

3,04,43,48,99,000

NITIN PATEL .

Dated the 27th March, 2002 .

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

V. M. Kothare ,

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

Dated the 27th March , 2002 .

Government Central Press , Gandhinagar .

V- EX- 21-3,

INDEX Extra No. 22

REGISTERED NO . G/ GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol XLIII ]

THURSDAY, MARCH 28 , 2002/ CAITRA 7 , 1924

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT SALES TAX ( AMENDMENT AND VALIDATION)

BILL 2002 .

GUJARAT BILL NO . 22 OF 2002 .

ABILL

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:-

1. د ThisAct may be called the Gujarat Sales Tax (Amendment and Validation) Short title. Act, 2002 .

Guj . 1 of 1970.

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

Amendment ofsection 57A ofGuj . 1 of 1970.

(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

V EX. 22-1

22-1

INDEX 7

[PART V GUJARAT GOVERNMENT GAZETTE , ΕΧ. , 28-3-2002

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 on 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 1st day of April , 2002 .

3. i 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 . 1 of 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 samé 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 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) .

INDEX PART V ]

22-3 GUJARAT GOVERNMENT GAZETTE , EX. , 28-3-2002

(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 ofthe 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 dedücted 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 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 on them under section 47A .

INDEX 22-4

GUJARAT GOVERNMENT GAZETTE , EX. 28-3-2002

[ PART V

(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 süb- 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 1stApril , 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 atsource.

57D. Notwithstanding anything contained in section 57B , with effect from the 1st 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 salė price." .

Validation of levy and 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 pürsuance 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

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

INDEX PART V ]

22-5 GUJARAT GOVERNMENT GAZETTE , EX . , 28-3-2002

(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 or collection 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.

V- Ex, 22-2

INDEX [PART V

EX .. 28-3-2002

22-6

GUJARAT GOVERNMENT GAZETTE .

STATEMENT OF OBJECTS AND REASONS

A

The Gujarat Sales Tax Act, 1969 was amended with effect from 1st April , 1997 to provide for deduction at source in respect of tax on sales of goods involved in execution of works contracts .Accordingly , any person responsible for paying price to a contractor in relation to transfer of property in goods involved in execution of works contract was required to deduct as a tax from such price, an amount equal to two per cent . of such payment .

In the Special Civil Application No. 13344 of 2000 (M/s Larsen and Tubro Ltd. V/s the State of Gujarat) , the Gujarat High Court by its judgement dated 18th July, 2001 has struck down the provisions contained in section 57B of the Gujarat Sales Tax Act, 1969 holding it to be beyond the legislative competence of the State Legislature on the ground that State cannot impose tax on inter- State transaction .

With a view to remove the infirmities pointed out in the aforesaid judgement and to explicit the intent of State Government, it is proposed to substitute with retrospective effect , section 57B and the definition of ' specified sale price' in clause (c) of section 57A so as to provide that the labour charges and the price 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 the execution of works contract shall be deducted while computing the specified sale price for the purpose of deduction of the amount as a tax and to validate the levy and collection of tax .

An opportunity has been taken to amend clause (d) of section 57A of the said Act with effect from the 1st April , 2002 so as to apply it to the works contract wherein the specified sale price exceeds one crore rupees . It is proposed to insert new section 57D , with a view to provide that no tax shall be deducted at source in the case of the specified works contract of the State Government where the payment is to be made by the State Government .

This Bill seeks to amend the Gujarat Sales Tax Act, 1969 to achieve the aforesaid object .

NITIN PATEL

INDEX PART V ] GUJARAT GOVERNMENT GAZETTE .

22-7

EΧ .. 28-3-2002

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

Clause 3.- This clause substitutes section 57B of the Act.

(i) clause ( c) of sub- section (3 ) of section 57B empowers the State Government to prescribe by rules , the Statement to be furnished by the contractor or sub - contractor to the person responsible for paying specified sale price ;

(ii) clause (b ) of sub - section (5) empowers the State Government to prescribe by rules , the form in which the certificate is to be given by the Commissioner for non - liability of tax of the contractor ;

( iii) clause (a) of sub -section (7 ) empowers the State Government to prescribe by rules , the manner in which and the period within which the amount of tax deducted by a person shall be paid into a Goverriment treasury;

(iv) sub -section ( 8) empowers the State Government to prescribe by rules , the certificate and other particulars to be furnished by the person deducting the amount of tax .

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

NITIN PATEL.

Dated the 28th March , 2002.

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

V.M. Kothare ,

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

Gandhinagar,

Dated the 28th March , 2002.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

2

INDEX REGISTERED NO . G/GNR/ 2 Extra No. 23

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TUESDAY, APRIL 2, 2002 /CAITRA 12, 1924

Vol . XLIII ]

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT NEW CAPITAL (PERIPHERY) CONTROL (REPEAL) BILL , 2002.

GUJARAT BILL NO . 23 OF 2002 .

ABILL

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

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

Short title.

1. This Act inay be called the Gujarat New Capital ( Periphery ).Control (Repeal ) Act , 2002 .

Guj . Xof 1960.

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

Repeal of Guj . X of 1960.

23-1

V Ex . 23-1

INDEX PART V] GUJARAT GOVERNMENT GAZETTE , EX. , 2-4-2002

23-2

STATEMENT OF OBJECTS AND REASONS

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 ofthe 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. Thereafter , the Gujarat Town Planning and Urban Development Act, 1976 was enacted for execution of development plans and town planning schemes in 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 areascovered 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 is considered necessary to repeal the Gujarat New Capital (Periphery) Control Act, 1960.

This Bill seeks to repeal the Act of 1960 to achieve the aforesaid object .

INDRAVIJAYSINH JADEJA , Dated the 1st April , 2002 .

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

V.M. Kothare,

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

Gandhinagar,

Dated the 2nd April , 2002 .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR

INDEX REGISTERED NO . G/ GNR/2 Extra No. 24

Fish

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIII ] THURSDAY, DECEMBER 26, 2002/PAUSA 5 , 1924

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

PART - V

Bills introduced in the Gujarat Legislative Assembly.

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

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

THE GUJARAT NEW CAPITAL (PERIPHERY) ) CONTROL (REPEAL) (SECOND) BILL, 2002 ..

GUJARAT BILL NO . 24 OF 2002 .

ABILL

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

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

Short title and commencement .

1. (1) This Act may be called the Gujarat New Capital (Periphery ) Control (Repeal ) Act , 2002 .

(2) It shall be deemed to have come into force on the 1st July , 2002.

Repeal of Guj . X of 1960 .

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

Guj . Xof 1960.

Guj . Ord.of 2002 .

3. The Gujarat New Capital (Periphery ) Control (Repeal ) Ordinance, Repeal . 2002 is hereby repealed.

INDEX

24-1

Ex.-24-1 24-2

GUJARAT GOVERNMENT GAZETTE , EX . , 26-12-2002

[PART V

STATEMENT OF OBJECTS AND REASONS

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 nowto 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 .

As the Gujarat Legislative Assembly was not in session, the Gujarat New Capital (Periphery ) Control (Repeal) Ordinance, 2002 was promulgated to achieve the aforesaid object . This Bill seeks to replace the said Ordinance by an Act of the State Legislature .

INDRAVIJAYSINH JADEJA .

Dated the 24th December, 2002.

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

V. M. KOTHARE,

Secretary to the Government of Gujarat .

Legislative and Parliamentary Affairs Department.

Gandhinagar,

Dated the 26th December, 2002.

Government Central Press , Gandhinagar.

INDEX

Cite this issue. Gujarat Gazette, Government of Gujarat, 2002. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.gujarat.2002.202111241146448085/. Archive identifier in.gazette.gujarat.2002.202111241146448085.