Gujarat Gazette, Part Part -IV Extra, 2008

Extra Ordinary Part - IV / 2008

Date

Extra No.

Department

Extra No.1    23-01-2008  Legislative & Parliamentary Affairs Department
Extra No.2    07-03-2008 Legislative & Parliamentary Affairs Department
Extra No.3    07-03-2008 Legislative & Parliamentary Affairs Department
Extra No.4    07-03-2008 Legislative & Parliamentary Affairs Department
Extra No.5    15-03-2008 Legislative & Parliamentary Affairs Department
Extra No.6    29-03-2008  Legislative & Parliamentary Affairs Department
Extra No.7    29-03-2008 Legislative & Parliamentary Affairs Department
Extra No.8    29-03-2008 Legislative & Parliamentary Affairs Department
Extra No.9    29-03-2008  Legislative & Parliamentary Affairs Department
Extra No.10   29-03-2008  Legislative & Parliamentary Affairs Department
Extra No.11   29-03-2008 Legislative & Parliamentary Affairs Department
Extra No.12   29-03-2008  Legislative & Parliamentary Affairs Department
Extra No.13   29-03-2008  Legislative & Parliamentary Affairs Department
Extra No.14   05-06-2008  Legislative & Parliamentary Affairs Department
Extra No.15   10-06-2008  Legislative & Parliamentary Affairs Department
Extra No.16   30-09-2008  Legislative & Parliamentary Affairs Department
Extra No.17   30-09-2008  Legislative & Parliamentary Affairs Department
Extra No.18   30-09-2008 Legislative & Parliamentary Affairs Department
Extra No.19   30-09-2008 Legislative & Parliamentary Affairs Department
Extra No.20   30-09-2008  Legislative & Parliamentary Affairs Department
Extra No.21   30-09-2008  Legislative & Parliamentary Affairs Department

Extra No. 1

REGISTERED No. G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX]

WEDNESDAY , JANUARY 23 , 2008 /MAGHA 3 , 1929

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

PART IV

Acts of Gujarat Legislature and Ordinance Promulgated and Regulations made by the Governor .

The Following Act of the Gujarat Legislature , having been assented to by the Governor on the 23rd January , 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 1 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 23rd January, 2008).

AN ACT

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

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

1. (1 ) This Act may be called the Gujarat Co-operative Societies (Amendment ) Act, 2008 .

Short title and commencement .

(2) It shall be deemed to have come into force on the 8th October, 2007.

Guj .X of 1962.

2. In the Gujarat Co- operative Societies Act , 1961 (hereinafter referred to as " the principal Act " ) , in section 2 , -

Amendment of section 2 of Guj . X of1962 .

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

" (7A) " co- operative credit structure " means (i) the Primary Agricultural Credit Co - operative Societies ; ( ii ) the Central Co- operative Banks ; and (iii) the State Co - operative Bank; ";

61 of1981 .

(2) after clause ( 13 ) , the following clause shall be inserted, namely: - "( 13A) "National Bank " means the National Bank for Agriculture and Rural Development established under section 3 of the National Bank for Agriculture and Rural Development Act, 1981 ; " .

IV- Ex. - 1-1

1-1

INDEX 1-2

[PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

3. In the principal Act, in section 6 , after sub - section (1 ) , the following sub - section shall be inserted, namely: -

Amendment of section 6 of Guj . X of 1962 .

"( 1A) In case of the society in co - operative credit structure registered under sub - section ( 1) , the society shall have power to decide their respective area of operation without any restrictions. "

4 . In the principal Act, in section 13 , to sub - section (2) , after the existing proviso, the following proviso shall be added, namely

Amendment of section 13 of Guj . X of1962 .

: "Provided further that the application for registration of amendment of bye- laws of a society shall be disposed of within sixty days from the date of its receipt." .

In the principal Act , in section 22 , -

Amendment of 5. section 22 of Guj .

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

"(g) a group of the individuals eligible under clause ( a) , whether incorporated or not and whether established or not by or under any law: " ;

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

"(2 ) Every person seeking admission as a member of a society, if duly qualified for membership of such society under the provisions of this Act, the rules and the bye - laws of the society, may make an application to the society for membership . The society shall take decision on the application and shall communicate the decision within a period of three months from the date of the receipt of the application." ;

(3) after sub - section (3 ) , the following sub- sections shall be added, namely:-

" (4) All the depositors having deposits of rupees ten thousand or above for a minimum period of one year and the borrowers shall be compulsorily made members in the Primary Agricultural Credit Co - operative Societies :

Provided that the depositors having deposits less than rupees ten thousand shall be made nominal members..

(5) The State Government may, by notification in the Official Gazette, alter the limit of rupees ten thousand specified by sub- section (4) and also specify such amount of deposit as it deems necessary for a class of society and different amount may be specified for different classes of societies . In the case of . borrowing members , the society shall prescribe in its bye- laws , linking shares subject to minimum of two and half per cent . of the loan taken by the borrowers . ".

INDEX PART IV]

1-3 GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

Amendment of section 27 of Guj . X of1962.

6. In the principal Act, in section 27 , the existing section shall be renumbered as sub - section ( 1 ) of that section and after sub -section ( 1 ) as so renumbered, the following sub- section shall be added, namely: -

"(2) The person who has committed a default and remains as such defaulter in making repayment of loan or interest thereon for a period of one year from the due date of repayment of such loan or interest or installment shall not be entitled to exercise voting rights of a member of a society till all such repayments are made. " .

7. Inthe principal Act , after section 44, the following section shall be inserted , namely:-

Insertion of new section 44A in Guj . X of 1962 .

Power of Committee of co- operative credit structure.

"44A. Notwithstanding anything contained in this Act or the rules or the bye- laws made thereunder , the committee of every society in a co- operative credit structure shall have freedom to decide its financial and internal administrative matters , especially: -.

(i) interest rates on deposits and loans, subject to the directives issued by the Reserve Bank of India;

(ii) borrowing, investment , depositing its surplus funds , loaning policies (including individual loans) and other business policies;

(iii) personnel policies including issues relating to recruitment , promotion, staffing , training, posting and compensation to staff as per business requirement of the society,

(iv) internal checks and control systems , appointment of auditors , their compensation and other internal administrative issues ; and

(v) borrowing from any financial institution regulated by the Reserve Bank of India, keeping in mind the interest of the society and its members ." . ٠٩,٠٠

8. In the principal Act, in section 45, after sub - section (2) , the following sub - section shall be added, namely: -...

Amendment of section 45 of Guj . X of1962 .

: "(3 ) Notwithstanding anything contained in this Act, no person or group of persons other than a member or members shall be eligible to borrow from or make deposit in a Primary Agricultural Credit Co - operative Society. "..

9. In the principal Act, in section 51 , to sub - section ( 1) , the following proviso shall be added, namely: -

Amendment of section 51 of Guj . X of1962.

"Provided that in the case of societies in the co- operative credit structure , the State Government shall not subscribe for more than twenty - five per cent. of the total share capital and the State Government or the society shall have the option to reduce the share capital contributed by the State Government ." .

10. In the principal Act , after section 67, the following section shall be inserted, namely: -

Insertion of new section 67A in Guj . X of 1962 .

INDEX 1-4

[PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

Bad Debt Reserve Fund .

"67A.. (1 ) Every society which earns profit from its transactions , shall maintain a Bad Debt Reserve Fund .

(2) Every year , the society shall carry at least fifteen per cent. of the net profit to the Bad Debt Reserve Fund .

(3) All debts which are found to be irrecoverable and certified as such by a certified auditor and expenses incurred in recovering the same shall first be written off against the Bad Debt Reserve Fund..

(4) Notwithstanding anything contained in section 67-

(a) the balance of bad debts , if any, remaining after first writing them off under sub - section (3 ) ; and

(b) all losses incurred by a society including those suffered on account of settlement of disputes under section 98 which are certified as such by a certified auditor,

may be written off against the reserve fund maintained under section 67 to the extent of not more than thirty per cent . of the balance in that fund:

Provided that no bad debt or loss shall be written off against the bad debt fund or, as the case may be , the reserve fund, unless the society in the general meeting passes a resolution approving the same by a majority of total membership of the society and by a majority of not less than two - third of the members of the society present and voting .

(5) Notwithstanding anything contained in the Act, no society in co - operative credit structure shall be directed by the State Government or otherwise required to contribute to any fund other than those for improving the net worth and owned fund of the society." .

In the principal Act, for section 68 , the following section shall be substituted, namely : -

Substitution of 11 . section 68 of Guj . X of1962 .

Restriction on dividend .

"68. No society shall pay dividend to its members at a rate exceeding the rate as may be prescribed by the State Government , by notification in the Official Gazette, from time to time for all societies generally or a class of societies in particular :

Provided however that the dividend payable in case of co- operative credit structure shall be subject to the guidelines of the Reserve Bank of India or , as the case may be , the National Bank. " .

12 . In the principal Act, in section 69 , after sub -section (3 ) , the following sub- section shall be added, namely:-

Amendment of of1962. section 69 of Guj . X

"(4) The provisions of sub- sections ( 1 ) to (3 ) shall not apply to the societies in the co - operative credit structure . " .

INDEX 1-5 GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

PART IV]

13. Inthe principal Act, -

Amendment of section 70 of Guj . X of 1962 .

(i) in section 70 , after the words and figures " section 67 and " , the words , figures and letter "for the bad debt reserve fund as provided in section 67A and " shall be inserted ;

(ii) to section 70, the following proviso shall be added , namely : -

"Provided that the provisions of this section shall not apply to the societies in the co - operative credit structure. " .

14. In the principal Act , in section 71 , in sub- section ( 1) , for the clauses (f) and (g) , the following clauses shall be substituted, namely: -

Amendment of section 71 of Guj . X of1962 .

2 of1934.

" (f) in a Scheduled co - operative bank as defined in clause (2) of section 2 of the Reserve Bank of India Act , 1934 and having its registered office within the State or in any nationalised bank , (ff) in any land or building-

(i) where the money in a building fund established by a society is sufficient for the purpose, or

(ii) where the money in such a fund is insufficient for the purpose or where a society has not established such fund, with the previous sanction of the Registrar:

Provided that the Registrar shall endeavor to decide the question as to previous sanction be given or not, within ninety days of the receipt of an application for such sanction ,

(g) in any corporation owned or controlled by the Government of Gujarat and other Scheduled Banks not covered under clause, (f) , with the prior approval of the State Government subject to such terms and conditions as may be prescribed in this behalf: :

Provided that in the case of the State Co - operative Bank, the Central Co - operative Banks and the Primary Agricultural Credit Co - operative Societies , the Reserve Bank of India may issue further guidelines restricting or enlarging the scope of investment in any institutions approved for the purpose under this section . " .

15. Inthe principal Act, after section 73 , the following section shall be inserted , namely :

Insertion of new section 73A in Guj . X of 1962 .

"73A.

Freedom for affiliation or disaffiliation with a federal society of choice .

rules Notwithstanding anything contained in this Act or the for the time being in force , the societies in the co- operative credit structure shall be at liberty to affiliate or disaffiliate with any federal society of its choice provided a resolution approving such affiliation or disaffiliation with a federal society is passed in the annual general meeting held for the purpose with three fourth majority of total members , and subject to the rules as may be prescribed and the guidelines issued by the Reserve Bank of India. " .

IV- Ex.1-2

INDEX 1-6

[PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

Amendment of section 74 of Guj . X of1962 .

16 . In the principal Act, section 74 shall be rénumbered as sub- section ( 1 ) of that section and after sub - section ( 1 ) as so renumbered , the following sub - section shall be inserted, namely : -

" (2) There shall be two professionals on the committee of the Central Co- operative Bank and the State Co- operative Bank having qualification prescribed by the Reserve Bank of India or , as the case may be , the National Bank . If such members are not elected on committee of the Central Co - operative Bank and the State Co - operative Bank, the Registrar shall direct the concerned bank to co- opt such professional on the committee within the time limit specified in such direction of the Registrar. If the bank fails to comply with the aforesaid directions , the Registrar ' shall appoint such professional member on the committee of the concerned bank . The professional member shall have all the rights of members inclusive of voting right and the term of such member shall be co - extensive with the term of other elected members ." .

17. In the principal Act , in section 74D, -

Amendment of section 74D of Guj . X of1962 .

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

(i) for the words " or having been elected not functioning within a period of six months after ", the word "before" shall be substituted;

(ii) before the words " the Registrar may " , the words " or having been elected not functioning " shall be "inserted;

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

" ( 1A) The Registrar shall hold election of such society within a period of two months and the Committee shall be constituted before the expiration of that period ." .

18 . Inthe principal Act , in section 76 , after the existing proviso, the following proviso shall be added , namely:-

Amendment of section 76 of Guj . X of 1962 .

"Provided further that the qualifications for appointment of the Chief Executive Officer and the Directors of the Central Co- operative-Banks and the State Co - operative Bank shall be such, as may be determined by the Reserve Bank of India from time to time :

Guj . 1 of 2008.

Provided also that the Registrar of the Co - operative Societies or the Board of the Central Co - operative Banks or the State Co - operative Bank shall remove , at the request of Reserve Bank, such Directors and Chief Executive Officers who do not fulfill the criteria stipulated by Reserve Bank . However, the existing elected Directors holding their post as such Directors on the date of the commencement of the Gujarat Co - operative Societies (Amendment ) Act , 2008 , shall continue to hold their offices till the expiry of their current remaining term. ".

INDEX PART IV]

1-7 GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

19. In the principal Act, in section 80 , after sub - section (2) , the Amendment of following sub - section shall be added , namely: -

section 80 of Guj . X of1962 .

"(3 ) Notwithstanding anything contained in this Act or the rules or in the bye - laws , there shall be only one nominee of the State Government in the committee of the State Co - operative Bank or the Central Co - operative Banks where the State Government has subscribed to the share capital of such co - operative banks and no such nomination shall be made where the State Government has not subscribed to the share capital of such co - operative banks and no such nomination shall be made on the committee of a Primary Agricultural Credit Co- operative Society irrespective of whether the State Government has subscribed to the share capital of a society or not . " .

20. In the principal Act , in section 80A; after sub- section (3 ) , the following sub - section shall be added, namely : -

Amendment of section. 80A of Guj . X of1962.

"(4) The provisions contained in sub - sections ( 1 ) to (3 ) shall not apply to the societies in the co - operative credit structure ." .

21. In the principal Act, in section 81 , -

(1)

Amendment of section 81 of Guj . X in sub - section ( 1 ), -

of 1962 .

(a) in clause ( a) ; the word " or " appearing at the end shall be deleted;

(b) clause (b) shall be deleted;

(c) in sub - clause (i) , after the words " of the society " , the words " not being the members of the committee removed under this sub - section" shall be inserted;

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

"(ii) one or more administrators from amongst the members of the society, not being the members of the committee removed under this sub - section , or from amongst the officers of the co -operative department of the State Government ." ;

(ii) in paragraph below sub - clause (ii) , for the words "two years " and " four years ", the words " one year " and "two years" shall be substituted respectively;

(2) to sub -section (4) , the following proviso shall be added, namely: -

"Provided that the committee or the administrator shall make arrangements for constitution of a new committee of a society in the co- operative credit structure within a period of two months from the date of the order of removal of the said Committee.";

INDEX 1-8

[PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

(3) in sub - section (6) , for the words "Before taking any action " , the words "Before making an order in writing removing the committee and appointing another committee in its place or one or more administrators " shall be substituted ;

(4) after sub -section (6) , the following sub - section shall be added , namely:-

"(7) The remuneration of the Administrator appointed under sub- section ( 1 ) shall be such as may be determined by the Registrar and the same shall be paid from the fund of the society.".

22 . In the principal Act, after section 81 , the following section shall be inserted , namely : -

Insertion of new section 81A in Guj . X of1962 .

" 81A . ( 1 ) Notwithstanding anything contained in section 81 , the supersession of the committee of the State Co- operative Bank or a Central Co - operative Bank under any provision of the Act shall be done only in consultation with Reserve Bank of India.

Super session of Committee of Primary Agricultural Credit Co- operative Society.

(2) The committee of a Primary Agricultural Credit Co- operative Society shall be removed by the Registrar only under the following circumstances , namely : -

(i) ifa society incurs losses for three consecutive years ; or

(ii) if serious financial irregularities or frauds have been identified; or

(iii) ifthere is perpetual lack of quorum over a period of three months .

(3) The members of the committee of a Primary Agricultural Credit Co-operative Society which has been removed under sub - section (2) shall not be eligible to become a member of the committee for a period ofthree years from the date of such removal ." .

23. In the principal Act , in section 82 , after sub- section (3 ) , the following sub - section shall be added, namely : -

Amendment of section 82 in Guj . X of1962.

"(4) The provisions of sub - sections ( 1 ) to (3 ) shall apply to the societies in the co-operative credit structure subject to the guidelines , if any, issued by the Reserve Bank of India." .

μα

24 . In the principal Act, in section 84, -

Amendment of section 84 of Guj . X of1962 .

(1) to sub - section ( 1 ) , the following proviso shall be added, namely: - it

"Provided that the audit of the Central Co - operative Banks and the State Co - operative Bank shall be conducted only by the Chartered Accountants from the panel approved by the National Bank .";

INDEX PART IV]

1-9 GUJARAT GOVERNMENT GAZETTE, Ex . , 23-1-2008

(2) after sub - section (6), the following sub - section shall be inserted, namely: -

"(6A) The Registrar shall; by an order provide for a special audit of the co - operative credit structure on the basis of the recommendation of the Reserve Bank of India or, as the case may be , the National Bank.. A copy of the report of such special audit shall be submitted to the Reserve Bank of India or , as the case may be , the National Bank within the period specified by the Reserve Bank of India or, as the case may be, the National Bank . The provisions relating to audit of accounts of the society made under this section shall also apply. to such special audit . "

(3) after sub -section (9) , the following sub- sections shall be inserted, namely:-

"( 10) The Registrar shall, in consultation with the National Bank prescribe Prudential Norms including Capital to Risk Weighted Assets Ratio for Primary Agricultural Credit Co - operative Societies .

(11 ) The Registrar shall , by an order, provide for the periodical inspection by the officers subordinate to the Registrar or by federal society or by financing bank, for a class of society under section 87 or , section 88. " .

25. In the principal Act, in section 115A, after sub - section (2) , the following sub - section shall be inserted , namely : -

Amendment of section 115A of Guj . X of 1962 .

"(2A) Notwithstanding anything contained in this Act or the rules made thereunder, the Registrar shall ensure the implementation of regulatory prescription given by the Reserve Bank of India including supersession and winding up of the State Co - operative Bank and the Central Co - operative Bank and shall appoint the liquidator within a period of one month of being so advised by the Reserve Bank of India . " .

26. In the principal Act , in section 145F, after sub - section ( 1 ) , the following sub - section shall be inserted , namely: -

Amendment of section 145F of Guj . X of 1962 .

"( 1A) ( i) (a) No member of a society in the Central Co- operative Bank and the State Co -operative Bank shall be eligible to be elected as a member in the committee if he is in default for a period of twelve months in payment of dues to the society;

(b) no person elected as a member of a society in the Central Co -operative Bank and the State Co- operative Bank shall be continued as a member if he is in default for a period exceeding twelve months in payment of dues to the society unless the amount in default with due interest is paid to the society;

(c) no member of a Primary Agricultural Credit Co - operative Society shall be eligible to be elected as a member in the committee ofthe State Co - operative Bank or a Central Co - operative Bank if the society is in default in payment of dues to the co -operative bank unless the default with due interest is paid to the co - operative bank ;

IV- Ex. -3

INDEX 1-10

[PART IV GUJARAT GOVERNMENT GAZETTE , Ex . , 23-1-2008

(d) no member of a non - credit society who is a member in the committee of a Central Co- operative Bank or the State Co- operative Bank shall be continued as such member if the society commits default for a period exceeding 90 days in payment of dues to thebank.

( ii)

The above provisions shall be in addition to and not in derogation of any other provisions for disqualification contained in this Act . " .

In the principal Act, in section 146 , after sub - section (2) , the section 146 of following sub - section shall be added , namely: -

Amendment of 27.. Guj . X of 1962 .

" (3) No Primary Agricultural Credit Co-operative . Society shall use the word " bank ", "banker " , "banking " or any other derivative of the word "bank " in its name and the existing society using such name shall be deregistered by the Registrar. " .

Amendment of 28 . section 161 of Guj . X of 1962 .

In the principal Act, in section 161 , after the existing proviso , the following proviso shall be added , namely: - "Provided further that the aforesaid provision shall apply to societies in the co - operative credit structure subject to the

guidelines issued by the Reserve Bank of India. " .

to Power to remove difficulty.

29. (1) If any difficulty arises in giving effect to the amendments made by this Act , the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of the principal Act , as appears to it to be necessary or expedient for removing the difficulty :

Provided that no such order shall be made under this section after the expiry of two 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.

Repeal and 30 .

Guj . Ord. 2 of 2007.

(1) The Gujarat Co -operative Societies (Amendment) savings . Ordinance, 2007 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 thisAct.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX 1

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

FRIDAY , MARCH 7 , 2008/PHALGUNA 17 , 1929

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

PART IV

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

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 7th March, 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 2 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 7th March, 2008) .

AN ACT

to make special provision for regulation of admission in the professional technical educational colleges or institutions in the State and fixation of fees in such colleges or institutions and for matters connected therewith or incidental thereto .

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

1. (1) This Act may be called the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act , 2007 .

and Short title commence ment.

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

IV.Ex. - 2-1

2-1

INDEX 2-2

[PART- IV GUJARAT GOVERNMENT GAZETTE , Ex . 7-3-2008

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

(a) "Admission Committee " means the Admission Committee constituted in accordance with the provisions of section 4;

(b) "aided college or institution " means a professional educational college or institution, including the University, run or managed by the trust, society or association of persons or organization , receiving financial aid or grant - in -aid from the State Government or the Central Government;

(c) "Common Entrance Test" means the entrance test conducted for determination of merits of the candidates for the purpose of admission in the different professional courses ;

(d) "Fee Regulatory Committee " means the Fee Regulatory Committee constituted under section 9;

(

: e) . "Government college or institution " means a professional educational college or institution run and managed by the State Government ;

(f) "Government " means the Government of Gujarat ;

(g) "Government seats " means , -

(i) all the seats of the professional courses in the Government colleges or institutions and in the aided colleges or institutions; and

(ii) seventy - five per cent . seats of the professional courses of the total approved seats in the unaided colleges or institutions ;

(h) "Management seats " means twenty- five per cent. seats of the professional courses of the total approved seats, in the unaided colleges or institutions including fifteen per cent . Non - Resident Indian seats ;

(i) "Non-Resident Indian seats " means fifteen per cent . seats reserved for children or wards or the dependents for the education purpose , of the Non-Resident Indian , to whom admission is to be given in the professional educational colleges or institutions;

"prescribed " means prescribed by the rules made under this Act ; (j )

"Professional courses " means,

(k)

(i) Bachelor of Engineering and Technology, and the Diploma in Engineering;

Bachelor of Pharmacy and the Diploma in Pharmacy ;

(ii)

Bachelor of Architecture and the Diploma in Architecture;.

(iii)

INDEX 2-3 PART- IV]

GUJARAT GOVERNMENT GAZETTE, Ex . 7-3-2008

(iv) Bachelor of Hotel and Tourism Management and the Diploma in Hotel and Tourism Management ;

(v) Master of Business Administration ;

(vi) Master of Computer Application; and

(vii) such other courses as the State Government may , by notification in the Official Gazette, declare;

(1) "Professional Educational College or Institution " means a college or an institution including the University imparting professional courses by whatever name called, leadingto the award of a degree or diploma approved or recognised by the competent statutory authority ;

(m) "Unaided college or institution " means a professional educational college or institution including the University not receiving the financial aid or grant- in- aid from the State Government or the Central Government ;

(

n) "University" means a University established under a law made by the Legislature of the State .

3. (1) Notwithstanding anything contained in any other law for the time Admission in being in force or in any judgment, decree or order of any court or any professional educational authority or in any agreement , all the admissions to the professional courses in colleges or the professional educational colleges or institutions shall be made in institutions . accordance with the provisions of this Act .

(2) Any admission made in contravention of the provisions of this Act shall be invalid .

4. ( 1) The State Government shall , for the purpose of admission of Constitution students to the professional educational colleges and institutions , constitute of Admission one or more Admission Committees consisting of such number of members as Committee . may be prescribed . Different Committees may be constituted for the different professional courses .

(2) The term of office and other conditions of the members of the Committee shall be such as may be prescribed .

(3) The Admission Committee shall guide , supervise and control the entire process of admission of students to the professional educational colleges or institutions .

5. (1) For the purpose of admission in the professional courses , each Preparation Admission Committee shall prepare the merit list of students based on such criteria and in such ratio as may be prescribed.

of merit list for admission.

(2) For the purpose of preparing the list of students for admission under sub - section (1 ) , the authority or the body authorised by the State Government in this behalf, shall conduct the common entrance test in the manner as may be prescribed:

INDEX [PART- IV 2-4

:: GUJARAT GOVERNMENT GAZETTE , Ex . 7-3-2008

Provided that it shall not be necessary to conduct common entrance test for preparing merit list for the admission to such professional courses as may be prescribed .

The admission of students in the professional educational colleges or institutions shall be given in the following manner , namely, : -

Admission to 6 . Government seats and management seats.

(i) all the Government seats shall be filled on the basis of merit list prepared by the Admission Committee; and

(ii) the management seats to be filled by the management of the respective professional educational college or institution shall be on the basis of inter- se merit list of the students to be admitted against the management seats :

Provided that no student shall be admitted against the management seat unless his name appears in the merit list prepared by the Admission Committee :

Provided further that where any Non - Resident Indian seat remains vacant , such seat shall be filled in from the management seats :

Provided also that where any management seat remain vacant , such seat shall be filled in from the Government seats .

No student shall be admitted in the professional course unless he qualifying fulfills the eligibility criteria including the minimum qualifying marks , as may Minimum 7 . standard for be prescribed. admission .

Reservation in admission .

8. The admission against the Government seats in each course in each professional educational college or institution shall be made in accordance with the reservation policy of the State Government .

Constitution ofFee Regulatory Committee.

9. (1 ) The State Government shall, for the purpose of determining the fees for admission of students in the professional educational colleges or institutions , constitute a Fee Regulatory Committee consisting of the following members , namely : -

(i) a retired judge of the High Court nominated by the State Government , who shall be the Chairperson;

ex -Vice - Chancellor , to be nominated by the State Government; (ii)

(iii) the Commissioner or the Director , Technical Education , Gujarat State, or an officer of Education Department holding equivalent post , to be nominated by the State Government ex- officio, who shall be the Member - Secretary of the committee;

INDEX 2-5 PART- IV]

GUJARAT GOVERNMENT GAZETTE , Ex. 7-3-2008

(iv) one member representing unaided professional educational colleges or institutions , to be nominated by the State Government ; and

(v) a Chartered Accountant, to be nominated by the State Government;

(2) The term of office and other conditions of the members of the Committee shall be such as may be prescribed .

(3) The Fee Regulatory Committee may adopt its own procedure for the conduct of its business .

Committee. Powers of Fee Regulatory 10. ( 1 ) Notwithstanding anything contained in any other law for the time being in force or in any judgment , decree or order of any court or authority or in any agreement, the Fee Regulatory Committee shall determine the fee structure for admission of students in the professional courses . Different fee structure may be determined for admission of students in different professional courses and for different professional educational colleges or institutions .

(2) The Fee Regulatory Committee shall have power to , -

(a) require any unaided professional educational college or institution to place before it the proposed fee structure for such college or institution alongwith all the relevant documents and the books of accounts ;

(b) verify whether the fee structure proposed by such college or institution is justified;

(c) approve the fee structure for such college or institution or determine other fee structure which shall be charged by such college or institution for admission of students in the professional courses .

(3) The fee structure so determined by the Fee Regulatory Committee shall be binding to the unaided professional educational colleges or institutions for a period of three years . The fee so determined shall be applicable to a student who is admitted to a professional educational college or institution in that academic year and shall not be revised till the completion of his professional course in that college or institution .

(4) The unaided professional educational college or institution shall not be allowed to charge or collect any fee other than the fees determined by the Committee under sub - section (1 ) and shall not be allowed to collect the fee at a time amounting to more than one term fee from a student in an academic year;

5 of 1908.

(5) ( a) The Fee Regulatory Committee shall have powers for the purpose of making inquiry under this Act, of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters , namely:-

IV.Ex. -2-2

INDEX [PART- IV 2-6

GUJARAT GOVERNMENT GAZETTE, Ex . 7-3-2008

(i) summoning and enforcing the attendance of any witness and examining him on oath;

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

R (iii) receiving evidence on affidavit ; and

(iv) issuing commission for examination of witnesses for local inspection;

45 of 1860 .

(b) any proceeding before such committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code .

Factors for 11 . (1) The Fee Regulatory Committee shall determine and fix the fee or determination fees to be charged by an unaided professional educational college or of fee . institution taking into consideration the following factors , namely: -

(a) the location of the technical professional educational institution;

(b) the nature of professional course ;

(d) the expenditure on administration and maintenance ;

(e) the reasonable surplus required for the growth and development of the institution; and

(f) such other factors , as the Committee may decide or as directed by the State Government.

(2) The fees to be determined by the Committee shall includes , -

the tuition fees ;

(i)

library fees;

(ii)

(iii) laboratory fees ;

(iv) computer fees ;

(v) caution money; and

(vi) such other fees , as the Committee may decide or as directed by. the State Government .

Prohibition of capitation fee .

12 . No capitation fee shall be charged or collected by or on behalf of an unaided professional educational colleges or institution or by any person who is in charge of or is responsible for the management of such college or institution from or in relation to any student in consideration of his admission to or continuance in , any professional course of study in such college or institution .

Other course of action for contravention of provisions of Act .

13. ( 1 ) Where the Admission Committee, on receipt of any complaint or otherwise satisfied after due inquiry, that the unaided professional educational college or institution has given admission to a student in contravention of the provisions of this Act or has violated any of the provisions of this Act , it may, -

(i) direct the concerned college or institution to admit the student as per the merit list in place of the student who has been admitted in contravention of the provisions of this Act ;

INDEX 2-7 PART- IV]

GUJARAT GOVERNMENT GAZETTE , Ex . 7-3-2008

(ii) direct the concerned college or institution to refund the fee to the student so admitted in contravention of the provisions of this Act;

(iii) recommend to the State Government, concerned University or the statutory authority for taking appropriate action against such college or institution .

(2) Where the Fee Regulatory Committee , on receipt of any complaint or otherwise satisfied after due inquiry , that the unaided professional educational college or institution has collected the capitation fee or the fees in excess of the fee determined by the Fee Regulatory Committee under sub - section ( 1 ) of section 10 , it may, -

(i) direct the concerned college or institution to refund the fee so collected in excess of the fee determined by the Committee or the refund of capitation fee so collected;

(ii) recommend to the State Government , concerned University or the statutory authority for taking appropriate action against such college or institution .

14.. Whoever contravenes any of the provisions of this. Act or the rules Penalties . made thereunder shall , on conviction, be punishable with fine which may extend to rupees twenty lakhs .

Cognizance of offence.

15. No. court shall take cognizance of any offence punishable under this Act except on a complaint made by an officer authorized in this behalf by the State Government, by notification in the Official Gazette .

16. All the members of the Committee and the officers and employees while acting or purporting to act in pursuance of the provisions of this Act or rules made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code .

XLV of 1860.

Members of Committee, officers and employees to be public servant .

Protection of action taken in good faith .

17. No suit, prosecution or other legal proceeding shall lie against any member of the Committee, officer or employee for anything which is in good faith done or purported to be done in pursuance of the provisions of this Act or any rules made there under .

Power of State Government to give directions .

18. The State Government may , from time to time, issue such directions not inconsistent with the provisions of this Act, to any professional educational college or institution or to the Committee or the officer , as it may think fit in this regard, for the purpose of carrying out the provisions of this Act, rules or orders made thereunder and the professional educational colleges or institutions or the Committee or the officers shall be bound by such direction.

INDEX 2-8

[PART- IV

:

GUJARAT GOVERNMENT GAZETTE , Ex. 7-3-2008

other State Act to override laws.

19. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.

(1 ) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act . 20 .

Power of State Government to make rules .

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

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

Power to remove difficulties .

21. (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 provisions 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 order under sub - section ( 1 ) shall be made after the expiry of two years from the commencement of this Act.

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

Government Central Press , Gandhinagar .

INDEX Extra No .: 3

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

FRIDAY, MARCH 7 , 2008/PHALGUNA 17 , 1929

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

PART IV.

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 7th March , 2008 is hereby published for general information .

H. D. VYAS,

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

GUJARAT ACT NO . 3 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 7th March , 2008).

AN ACT

to make special provision for regulation of admission in the professional medical educational colleges or institutions in the State and fixation of fees in such colleges or institutions and for matters connected therewith or incidental thereto .

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

1. (1) This Act may be called the Gujarat Professional Medical Short title and Educational Colleges or Institutions (Regulation of Admission and Fixation of commencement . Fees) Act, 2007 .

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

IV.Ex. -3-1

3-1

INDEX 3-2

GUJARAT GOVERNMENT GAZETTE , Ex . , 7-3-2008

[PART- IV

Definitions . 2. Inthis Act, unless the context otherwise requires , -

( a) "Admission Committee " means the Admission Committee constituted in accordance with the provisions of section 4;

(b) "aided college or institution" means a professional educational college or institution, including the University, run or managed by the trust, society or association of persons or organization, receiving financial aid or grant - in-aid from the State Government or the Central Government;

(c) "Common Entrance Test" means the entrance test conducted for determination of merits of the candidates for the purpose of admission inthe different professional courses ;

(d) "Fee Regulatory Committee " means the Fee Regulatory Committee constituted under section 9;

(e) "Government college or institution " means a professional educational college or institution run and managed by the State Government;

"Government " means the Government of Gujarat ; (f)

(g ) "Government seats " means , -

(i) all the seats of the professional courses in the Government colleges or institutions and in the aided colleges or institutions ; and

(ii) seventy-five per cent . seats of the professional courses of the total approved seats in the unaided colleges or institutions ;

(h) "Management seats " means twenty- five per cent. seats of the professional courses of the total approved seats in the unaided colleges or institutions including fifteen per cent . Non -Resident Indian seats ;

(i) "Non-Resident Indian seats " means fifteen per cent . seats reserved for children or wards or the dependents for the education purpose, of the Non-Resident Indian, to whom admission is to be given in the professional educational colleges or institutions ;

;

(j) "prescribed " means prescribed by the rules made under this Act ;

INDEX PART- IV]

3-3 GUJARAT GOVERNMENT GAZETTE , Ex . 7-3-2008

: (k) "professional courses " means the courses conducted in any of the following disciplines , namely: -

(i) Medicine , Dentistry , Ayurveda , Homeopathy, Physiotherapy andNursing, and

(ii) such other courses as the State Government may, by notification in the Official Gazette, declare;

اثر

(1) "Professional Educational College or Institution " means a college or an institution including the University imparting professional courses by whatever name called , leading to the award of a degree or diploma approved or recognised by the competent statutory authority;

(m) "Unaided college or institution " means a professional educational college or institution including the University not receiving the financial aid or grant-in -aid from the State Government or the Central Government;

(n) " University " means a University established under any law made by the Legislature of the State .

Admission in educational professional institutions .

3. (1) Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any court or authority or in any agreement, all the admissions to the professional courses in the colleges or professional educational colleges or institutions shall be made in accordance with the provisions of this Act .

(2) Any admission made in contravention of the provisions of this Act shall be invalid.

Constitution of Admission 4. (1) The State Government shall , for the purpose of admission of students to the professional educational colleges and institutions , constitute one or more Admission Committees consisting of such number of members as Committee . may be prescribed . Different Committees may be constituted for the different professional courses .

(2) The term of office and other conditions of the members of the Committee shall be such as may be prescribed.

(3) The Admission Committee shall guide, supervise and control the entire process of admission of students to the professional educational colleges or institutions .

INDEX 3-4

[PART- IV GUJARAT GOVERNMENT GAZETTE, Ex . , 7-3-2008

Preparation ofmerit list for admission .

5. (1) For the purpose of admission in the professional courses, each Admission Committee shall prepare the merit list of students based on such criteria and in such ratio as may be prescribed.

(2) For the purpose of preparing the merit list of students for admission under sub - section ( 1) , the authority or the body authorised by the State Government in this behalf, shall conduct the common entrance test in the manner as may be prescribed:

Provided that it shall not be necessary to conduct common entrance test for preparing merit list for the admission to such professional course as may be prescribed.

6. The admission of students in the professional educational colleges or institutions shall be given in the following manner , namely , : -

Admission to Government seats and management seats .

all the Government seats shall be filled on the basis of merit list prepared by the Admission Committee ; and (i)

Provided that no student shall be admitted against the management seat unless his name appears in the merit list prepared by the Admission Committee:

Provided further that where any Non-Resident Indian seat remains vacant, such seat shall be filled in from the management seats :

Provided also that where any management seat remains vacant, such seat shall be filled in from the Government seats .

7. No student shall be admitted in the professional course unless he fulfills the eligibility criteria including the minimum qualifying marks , as may be prescribed.

Minimum qualifying standard for admission .

Reservation in 8 . admission .

The admission- against the Government seats in each course in each professional educational college or institution shall be made in accordance with the reservation policy of the State Government .

Constitution of Fee Regulatory Committee .

9. ( 1 ) The State Government shall, for the purpose of determining the fees for admission of students in the professional colleges or institutions, constitute a Fee Regulatory Committee consisting of the following members , namely : -

INDEX PART- IV]

GUJARAT GOVERNMENT GAZETTE, Ex . 7-3-2008

3-5

(i) a retired judge of the High Court nominated by the State Government, who shall be the Chairperson;

(ii) ex-Vice-Chancellor of a University, to be nominated by the State Government;

(iii)

the Commissioner of Health , Medical Services, Medical Education and Research, Gujarat State, or an officer of Health and Family Welfare Department holding equivalent post , to be nominated by the State Government ex- officio, who shall be the Member-Secretary of the Committee ;

( iv) one member representing unaided professional educational colleges or institutions, to be nominated by the State Government; and

( v) a Chartered Accountant , to be nominated by the State Government.

(2) The term of office and other conditions of the members of the Committee shall be such as may be prescribed.

(3) The Fee Regulatory Committee may adopt its own procedure for the conduct of its business .

Powers of Fee Regulatory Committee .

10. (1) Notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any court or authority or in any agreement , the Fee Regulatory Committee shall determine the fee structure for admission of students in the professional courses . Different fee structure may be determined for admission of students in different professional courses and for different professional educational colleges or institutions .

(2) The Fee Regulatory Committee shall have power to , -

(a) require any unaided professional educational, college or institution to place before it the proposed fee structure for such college or institution alongwith all the relevant documents and the books of accounts ;

(

b) verify whether the fee structure proposed by such college or institution is justified;

INDEX 3-6

GUJARAT GOVERNMENT GAZETTE, Ex. , 7-3-2008

[PART- IV

A (3) The fee structure so determined by the Fee Regulatory Committee shall be binding to the unaided professional educational colleges or institutions for a period of three years . The fee so determined shall be applicable to a student who is admitted to a professional educational college or institution in that academic year and shall not be revised till the completion of his professional course in that college or institution .

(4) The unaided professional educational college or institution shall not be allowed to charge or collect any other fees than the fees determined by the Committee under sub- section (1) and shall not be allowed to collect the fee at a time amounting to more than one term fee from a student in an academic year;

5 of 1908 .

(5) (a) The Fee Regulatory Committee shall have powers for the purpose of making inquiry under this Act , of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters , namely: -

(i) summoning and enforcing the attendance of any witness and examining him on oath;

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

(iii) receiving evidence on affidavit ; and

(iv) issuing commission for examination of witnesses for local inspection.

(b) Any proceeding before such Committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code.

45 of1860 .

Factors for determination of fee.

11. (1 ) The Fee Regulatory Committee shall determine and fix the fee or fees to be charged by an unaided professional educational college or institution for admission of students in the professional courses, taking into consideration the following factors , namely : -

the location of the professional educational college or institution; (a)

(b) the nature ofprofessional course;

(d) the expenditure on administration and maintenance ;

(e) the reasonable surplus required for the growth and development ofthe college or institution; and

(f) such other factors , as the Committee may decide or as directed by the State Government.

INDEX PART - IV ]

GUJARAT GOVERNMENT GAZETTE , Ex . 7-3-2008

3-7

(2) The fees to be determined by the Committee shall includes , -

the tuition fees ;

(i library fees;

(iii) laboratory fees;

(iv) computer fees ;

(v) caution money; and

(vi) such other fees , as the Committee may decide or as directed by the State Government ..

ایر

12. No capitation fee shall be charged or collected by or on behalf of an Prohibition of unaided professional educational colleges or institution or by any person who capitation fee . is in charge of or is responsible for the management of such college: or institution from or in relation to any student in consideration of his admission to or continuance in, any professional course in such college or institution.

13.

(1) Where the Admission Committee, on receipt of any complaint or Other course of otherwise , is satisfied after due inquiry that the unaided professional action for educational college or institution has given admission to a student in contravention of contravention of the provisions of this Act or has violated any of the provisions of Act . provisions of this Act, it may, -

(i) direct the concerned college or institution to admit the student as per the merit list in place of the student who has been admitted in contravention of the provisions of this Act;

(ii) direct the concerned college or institution to refund the fee to the student so admitted in contravention of the provisions of this Act;

( iii) recommend to the State Government, concerned University or the statutory authority for taking appropriate action against such college or institution.

(2) Where the Fee Regulatory Committee, on receipt of any complaint or otherwise, is satisfied after due inquiry that the unaided professional educational college or institution has collected the capitation fee or the fees in excess of the fee determined by the Fee Regulatory Committee under sub - section (1) of section 10, it may, -

(i) direct the concerned college or institution to refund the fee so collected in excess of the fee determined by the Committee or refund the capitation fee so collected;

(ii) recommend to the State Government, concerned University or the statutory authority for taking appropriate action against such college or institution.

14. Whoever contravenes any of the provisions of this Act or the rules Penalties . made thereunder shall, on conviction, be punishable with fine which may extend to rupees twenty lakhs .

15. No court shall take cognizance of any offence punishable under this Cognizance of Act except on a complaint made by an officer authorized by the State offence. Government in this behalf, by notification in the Official Gazette.

INDEX 3-8

GUJARAT GOVERNMENT GAZETTE, Ex . , 7-3-2008

[PART- IV

XLV of1860.

16. All the members of the Committee and the officers and employees while acting or purporting to act in pursuance of the provisions of this Act or rules made thereunder , be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code .

officers and Members of Committee, employees to be public servant .

Protection of 17 . action taken in good faith .

No suit, prosecution or other legal proceeding shall lie against any member of the Committee , officer or employee of the Government for anything which is in good faith done or purported to be done in pursuance of the provisions of this Act or any rules made there under .

Pewer of State Government to give directions .

18. The State Government may, from time to time, issue such directions not inconsistent with the provisions of this Act, to any professional educational college or institution or to the Committee or the officer, as it may think fit in this regard , for the purpose of carrying out the provisions of this Act, rules or orders made thereunder and the professional educational colleges or institutions or the Committee or the officers shall be bound by such direction.

Act to override other State laws .

19 . The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.

20. ( 1 ) The State Government may , by notification in the Official Gazette, make rules for carrying out the purposes of this Act .

Power of State Government to make rules .

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

Power to remove difficulties.

21 . (1) If any difficulty arises in giving effect to the provisions of this Act , the State Government may, by order published in the Official Gazette , make such provisions 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 order under sub- section (1 ) shall be made after the expiry of two years from the commencement of this A'ct .

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

Government Central Press , Gandhinagar .

INDEX Extra No.:4

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

FRIDAY , MARCH 7 , 2008/ PHALGUNA 17 , 1927

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 7th March , 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 4 OF 2008

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 7th Mach, 2008).

AN ACT

further to amend the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960.

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

Short title and commencement .

1. ( 1) This Act may be called the Gujarat Legislative Assembly Members (Removal of Disqualifications ) (Amendment) Act, 2008 .

(2)

It shall come into force at once.

Guj . I of 1960.

2. In the Gujarat Legislative Assembly Members (Removal of Disqualifications) Act, 1960, in the Schedule , -

Amendment of Scheduleto Guj . I of1960.

IV.Ex. -4-1

4-1

INDEX 4-2

[PART- IV GUJARAT GOVERNMENT GAZETTE , Ex. 7-3-2008

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

" 1A. Any office held by a Minister, Minister of State or Deputy Minister, whether ex - officio or by name. " ;

(2) in the entry 11 , -

(i) for the words " The office of Chairman or member of any Committee or body appointed by the Central or State Government " , the words " The office of Chairman, Vice- Chairman , Director, Secretary or Member of any Committee or Statutory body appointed by the Central or State Government " shall be substituted;

(ii) in the proviso , -

(a) for the words " Chairman or any Member of such Committee or body" , the words " Chairman , Vice- Chairman, Director, Secretary or Member of such Committee or Statutory body " shall be substituted ;

(b) the words " Chairman or Member" at the end shall be deleted;

(3) in the entry 24 , after the words "Government 'Chief Whip " , the words " Government Deputy Chief Whip or Government Whip " shall be added.

Government Central Press , Gandhinagar .

INDEX Extra No. 5

REGISTERED NO . G /GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX]

1929 SATURDAY , MARCH 15, 2008/ PHALGUNA 25 ,

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

PART IV

Acts of Gujarat Legislature and Ordinance Promulgated and Regulations made by the Governor .

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 15th March , 2008 is hereby published for general information.

H. D. VYAS,

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

GUJARAT ACT NO.15 OF 2008.

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 15th March, 2008)

AN ACT

to authorise payment and appropriation of certain further sums from and out ofthe Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty- first day of March, 2008.

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

1. 2008. This Act may be called the Gujarat (Supplementary) Appropriation Act , Short title .

IV-Ex. -5-1

5-1

INDEX 5-2

GUJARAT GOVERNMENT GAZETTE, Ex . , 15-3-2008

[PART IV

Issueof Rs . 28,56,09,75,000 from and out of the Consolidated Fund of the State of Gujarat for the financial year 2007-2008 .

2. From and out of the Consolidated Fund of the State of Gujarat, there shall be paid and applied sums not exceeding those specified in column 3 of the Schedule hereto annexed amounting in the aggregate to the sum of two thousand eight hundred fifty-six crores , nine lakhs , seventy- five 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, 2008, 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.

INDEX PART - IV]

GUJARATGOVERNMENT GAZETTE, Ex. , 15-3-2008

5-3

SCHEDULE

(See Section 2 and 3)

Services and Purposes. Revenue/ Capital.

Sums not exceeding

Voted.

Total.

No. of Vote/ Appro- priation.

Charged on the Consolidated Fund.

Rs .

Rs.

Revenue

8595000

8595000 Agriculture and Co- operation Department

2 Agriculture

Revenue

896972000

142000

897114000

Revenue

516250000

516250000 Minor Irrigation , Soil Conservation and Area Development

Revenue

49870000

310000

50180000 Animal Husbandry and DairyDevelopment

Co-operation

Revenue

118067000

Fisheries

Revenue

951127000

Revenue

94000

94000 Other Expenditure pertaining to Agriculture andCo-operation Department

Capital

1500000

Revenue

Education Department

3388000

9 Education

Revenue 2342569000 697806000

3040375000

Capital

1000

2125000

Revenue

2125000 OtherExpenditure pertaining to Education Department

Revenue

1388000

1388000 Energyand Petrochemicals Department

Revenue

6960000

6960000 Tax Collection Charges (Energy and Petrochemicals Department)

Revenue

EnergyProjects

909401000

2000

Capital.

2000

15 Finance Department

Revenue

4165000

Revenue

185467000

Tax Collection Charges (Finance Department)

Revenue

58630000

Treasury and Accounts Administration

18:

Revenue 2575343000

2575343000

Pension and other Retirement Benefits .

Revenue

3864000

Food, Civil Supplies and Consumer Affairs Department

INDEX 5-4

[PART IV GUJARAT GOVERNMENT GAZETTE, Ex. , 15-3-2008

Services and Purposes . Revenue/ Capital .

Voted .

Total .

No. of Vote/ Appro- priation.

Sums not exceeding Charged onthe Consolidated Fund.

Rs .

Rs.

Revenue

32797000

CivilSupplies

32797000

Food

Revenue

1325000

Revenue

1716000

1716000 Forest and Environment Department

Forest

Revenue

213619000

1050000

214669000

1116000

Capital

1116000

Environment

3250000

Revenue

3250000

29 Governor

Revenue

2815000

31- Election

Revenue

310444000

25850000

Revenue

12713000

38563000 Public Service Commission

Revenue

50413000

50413000 General Administration Department

17011000

Revenue

17011000 Economic Advice and Statistics

Revenue

265205000

2000

265207000

4113000

Capital -

4113000 Other Expenditure pertaining to General Administration Department

Revenue

StateLegislature

1340000

2650000

Revenue

2650000 Healthand Family Welfare Department

Revenue

323444000

12000

323456000 Medical and Public Health

41780000

Capital

59804000

Family Welfare

Revenue

59804000

Revenue

315000

5000000

Capital

5000000 OtherExpenditure pertainingto Health and Family Welfare Department

1490000.

Revenue

HomeDepartment

1490000

43 Police

1237151000

Revenue

235649000

1472800000

Jails

Revenue

47179000

100000

47279000

StateExcise

24215000

Revenue

24215000

Revenue

1170000

99000

1269000 OtherExpenditure pertainingto Home -Department

97811000

Capital

97811000

5165000

Revenue

5165000 Industries and Mines Department

505000

Revenue

505000 Stationery and Printing

49 Industries

Revenue

36700000

Capital

590000

INDEX PART - IV]

5-5 GUJARAT GOVERNMENT GAZETTE, Ex. , 15-3-2008

Services and Purposes. Revenue/. Capital.

Sums not exceeding

Voted.

Total .

No. of Vote/ Appro: priation.

Charged on the Consolidated Fund.

Rs .

Rs.

50 Mines and Minerals

Revenue

60000

Revenue

266000

OtherExpenditure pertaining to Industries andMines Department

Revenue

1126000

Information and Broadcasting Department

Revenue

118515000

Information and Publicity

Revenue

1198000

Other Expenditure pertaining to Information andBroadcasting Department

790000

Revenue

790000

Labour and Employment Department

12867000

Labour and Employment Revenue

12867000

59 Legal Department

Revenue

2920000

60 Administration of Justice Revenue

266885000

1000

266886000

Revenue

25164000

OtherExpenditure pertaining to Legal Department

Revenue

2693000

Legislative and Paliamentary Affairs Department

2200000

Capital

2200000

OtherExpenditure pertaining to Legislative and Paliamentary Affairs Department

Revenue

13765000 .

13765000

Narmada , Water Resources , Water Supply and Kalpsar Department

2000000000

Capital

2000000000

Narmada Development Scheme

Revenue

1213954000

4469000

1218423000

Irrigation and Soil Conservation

Capital

24979000

67 Water Supply

648093000

Capital

648093000

Revenue

1000000

70501000

71501000

Other Expenditure pertaining toNarmada, Water Resources , Water Supply and Kalpsar Department

Revenue

4950000

Panchayats, Rural Housing andRural Development Department

Revenue

321420000

Community Development

IV -Ex. , -5-2

INDEX 5-6

GUJARAT GOVERNMENT GAZETTE , Ex . , 15-3-2008

[PART IV

Services and Purposes. Revenue/ Capital.

Sums not exceeding

Voted,

Total .

No. of Vote/ Appro- priation.

Charged on the Consolidated Fund.

Rs .

3 Rs.

Rs.

113886000

Revenue

4436000

118322000 Rural Housing and Rural Development

Revenue

471342000

471342000 Compensation and Assignmnents

Revenue

Transport

153567000

Capital

350000000

Revenue

1695000

1695000 OtherExpenditure pertaining to Ports and Transport Department

Revenue 159823000

159823000 Tax Collection Charges (Revenue Department)

78 District Administration Revenue

11972000

Revenue

32000

Relief on account of Natural Calamities

80 DangsDistrict

Revenue

11388000

Revenue

1000

1000 Compensation and Assignments

Revenue

697293000

OtherExpenditure pertaining to Revenue Department

Capital

995000

Revenue

105194000

487000

105681000

Non-Residential Buildings

14000

Capital

22000

36000

Revenue

Residential Buildings

1005000

Roads and Bridges

Revenue

185874000

7867000

193741000

Capital.

23041000

Revenue

83339000

OtherExpenditure pertaining to Roads and Buildings Department

Revenue

1525000

Science and Technology Department

15220000

Revenue

15220000

Social Justice and Empowerment Department

112000

Capital

112000

OtherExpenditure pertaining to Social, Justice and Empowerment Department

Revenue

778688000

Scheduled Castes Sub Plan

1000

Capital

1000

96 Tribal Area Sub- Plan

523924000

Revenue

11308000

535232000

Capital

5322000

INDEX PART - IV]

5-7 GUJARAT GOVERNMENT GAZETTE , Ex. , 15-3-2008

Services and Purposes .

Sums not

Revenue/ Capital .

Voted.

Total .

No. of Vote/ Appro- priation.

exceeding Charged on the Consolidated Fund .

Rs .

Rs.

Rs .

Revenue

973000

Sports , Youth and Cultural Activities Department

Revenue

27815000

Youth Services and Cultural Activities

100

1735000

Revenue

1735000

Urban Development and UrbanHousing Department

101

Revenue

UrbanHousing

15910000

102

Revenue

Urban Development

7287846000

572000 7288418000

1000

Capital

1000

104

Revenue

349000

Other,Expenditure pertaining to Urban Development and Urban Housing Department

105

Revenue

363000

Women and Child Development Department

106

Revenue

368577000

1000

368578000

OtherExpenditure pertaining toWomen and ChildDevelopment Department

Total: Revenue 24204300000 1149982000 25354282000

3152739000

Capital

53954000

3206693000

Grand Total : -

27357039000 1203936000 28560975000

Government Central Press , Gandhinagar.

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX]

SATURDAY, MARCH 29 , 2008/CAITRA 9 , 1930

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

PART - IV

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

The Following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March, 2008. is hereby published for general information .

H. D. VYAS ,

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

GUJARAT ACT NO . 6 OF 2008 ..

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 29th March ,, 2008) .

AN-ACT

further to amend the Bombay Shops and Establishments Act , 1948 in its application to the State of Gujarat .

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

1. (1) This Act may be called the Bombay Shops and Establishments ( Gujarat Amendment) Act, 2008 .

Short title , extent and commencement .

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

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

Bom. LXXIX of 1948 .

Amendment of section 7 of Bom .

LXXIX of 1948 .

2. In the Bombay Shops and Establishments Act, 1948 , in its application to the State of Gujarat , in section 7, in sub- section (5) , for the words " three years " , the words " five years " shall be substituted .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

6-1

IV- Ex. -6-1

INDEX Extra No. 7

REGISTERED No. G/ GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX] SATURDAY , MARCH 29 , 2008 / CAITRA 9, 1930

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

PART - IV

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

The Following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March, 2008 is hereby published for general information .

H. D. VYAS ,

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

GUJARAT ACT NO . 7 OF 2008 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 29th March, 2008 ) .

AN ACT

further to amend the Gujarat Tax on Entry of Specified Goods into Local Areas Act, 2001 .

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

Short title and commencement .

1. (1) This Act maybe called the Gujarat Tax on Entry of Specified Goods into Local Areas (Amendment) Act, 2008 .

(2) It shall come into force on the 1st April , 2008 .

Guj . 22 of 2001 .

Amendment of section 2 of Guj . 22 of 2001 .

2. In the Gujarat Tax on Entry of Specified Goods into Local Areas Act, 2001 (hereinafter referred to as "the principal Act " ) , in section 2, in clause (k) , after the words "the Schedule " , the words , brackets , figures and letter " and such other goods as the State Government may, by notification .

IV- Ex . -7-1

7-1

INDEX 7-2

GUJARAT GOVERNMENT GAZETTE EX . 29-3-2008

[PART- IV

in the Official Gazette , specify under sub - section ( 1A) of section 3 " shall be added.

3. In the principal Act , in section 3 , after sub - section ( 1 ) , the following sub -section shall be inserted , namely: - Amendment of section 3 of Guj . 22 of 2001 .

" ( 1A) Subject to such conditions as it may impose , the State Government may, if it is necessary so to do in the public interest to redress an inequitable situation or for sufficient and reasonable cause for removing discrimination between goods entering into the local areas from any place outside the State but not being a place outside the territory of the Union of India, for consumption, use or sale therein and goods manufactured or produced in the State , specify by notification in the Official Gazette, such other goods as the specified goods. " .

4. In the principal Act , for the existing Schedule , the following Schedule shall be substituted , namely: - Substitution of Schedule to Guj . 22 of 2001 .

" SCHEDULE

(See sections 2(k) and-3 )

 Sr.               Specified Goods .              Maximum rate of Tax .
No.
 1                        2                                  3
 1.   Motor vehicles including chassis of motor   Twenty per cent.
       vehicles and the body which is built on
       chassis of motor vehicles .
 2.    Cement .                                   Twenty per cent .
 3.   Marbles or Granite (raw or polished) .      Twenty per cent .
 4.   Kota stones .                               Twenty per cent .
 5.    Naphtha.                                   Twenty per cent.
 6.   Light Diesel Oil .                          Twenty per cent.
 7 .  High Speed Diesel Oil .                     Twenty-five per cent .
 8.   Yarn of all types except Nylon Yarn ,       Twenty per cent .
       Polyester Viscose Yarn and Cotton Yarn .
 9.    Such other goods as may be specified by    Twenty per cent . " .
       the State Government by notification in
       the Official Gazette.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR .

INDEX Extra No. 8

REGISTERED No. G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

SATURDAY , MARCH 29 , 2008/ CAITRA 9 , 1930

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March , 2008 is hereby published for general information .

{

H. D. VYAS ,

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

GUJARAT ACT NO . 8 OF 2008 .

(First publiked, after having received the assent of the Governor in the " Gujarat Government Gazette ", on the 29th March, 2008).

AN ACT

further to amend the Gujarat Municipal Finance Board Act , 1979 .

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

Short title and commencement .

1. This Act may be called the Gujarat Municipal Finance (1) Board (Amendment) Act , 2008 .

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

8-1

IV-Ex. , 8-1

INDEX 8-2

GUJARAT GOVERNMENT GAZETTE EX. , 29-3-08

[PART IV

Guj . 12 of 1979 .

2. In the Gujarat Municipal Finance Board Act , 1979 , in section 4 , in sub -section ( 1 ) , -

Amendment of section 4 of Guj . 12 of1979.

(1) in clause ( ii) , the words " out of whom at least one shall be a woman" shall be added at the end ;

(2) in clause ( iii) , the words " out of whom at least one shall be a woman" shall be added at the end . " .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 9

REGISTERED No. G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

SATURDAY , MARCH 29 , 2008/ CAITRA 9 , 1930

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March, 2008 is hereby published for general information .

H. D. VYAS,

Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs

Department .

GUJARAT ACT NO . 9 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 29th March, 2008) .

AN ACT

further to amend the Gujarat Value Added Tax Act, 2003 .

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

1. (1) This Act may be called the Gujarat Value Added Tax (Amendment) Short title and Act, 2008 . commencement .

(2) It shall come into force on the 1st April , 2008.

IV -Ex-9-1

9-1

INDEX 9-2

[PART IV GUJARAT GOVERNMENT GAZETTE EX. , 29-3-08

Guj . 1 of 2005.

2. In the Gujarat Value Added Tax Act , 2003 (hereinafter referred to as "the principal Act" ) , in section 2, -

Amendment of section 2 ofGuj . 1 of2005 .

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

" ( 1A) " additional tax " means the additional tax leviable and payable under sub - section ( 1A) of section 7 or sub - section (6) of section 9;";

(2) after clause (36) , the following clause shall be inserted , namely : -

" (37) " zero rated sale" means a sale of goods by a registered dealer to another registered dealer on which the rate of tax leviable shall be zero but tax credit on the purchase related to that sale is admissible ." .

3. In the principal Act , after section 5, the following section shall be inserted, namely: -

Insertion of new section 5A in Guj . 1 of 2005 .

Zero rated sale.

"5A . The following sale shall be zero rated sale for the purpose of this Act and tax credit on the purchase related to such sale shall be allowed subject to such conditions as may be prescribed : -

Guj . 11 of 2004.

(1) Sale of goods to the Developer or Co - developer of Special Economic Zone as defined in the Gujarat Special Economic Zone Act, 2004; or

(2) sale of goods to a unit carrying on its business in the processing area or in the demarcated area of Special Economic Zone and approved as such by the Approval Committee as defined in the Gujarat Special Economic Zone Act , 2004:

Guj . 11 of 2004.

Provided that the sale of goods specified in Schedule III shall not be zero rated sale :

Provided further that the sale of certain goods or sale of goods by any dealer or class of dealers as may be specified by the State Government by notification in the Official Gazette, shall not be zero rated sale ." .

4. In the principal Act, in section 7, after sub - section ( 1 ), the following sub-section shall be inserted , namely: -

Amendment of section 7 of Guj . 1 of2005 .

"( 1A) Subject to the provisions of this Act , there shall be further levied an additional tax on the turnover of sales of goods liable to be taxed under sub - section ( 1 ) , at the rate of-

INDEX PART IV]

9-3 GUJARAT GOVERNMENT GAZETTE EX . , 29-3-08

(i) two and half paise in the rupee on the goods specified in the entries at serial numbers 25, 46B, 48A, 49A, 49B, 51A and 87 in Schedule II , and

(ii) one paisa in the rupee on the goods specified in the entries in Schedule II other than the entries mentioned in clause (i) above :

Provided that the additional tax shall not be levied on the sale of, -

74 of 1956 .

(a) goods declared to be of special importance in section 14 of the Central Sales Tax Act, 1956;

(b ) goods specified in entry at serial number 13 in Schedule II ; and

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

Amendment of section 9 ofGuj . 1 of 2005 .

"(5) Where a dealer liable to pay tax under this Act purchases taxable goods sale of which is zero rated under section 5A and the goods so purchased by him are-..

(1) consigned or dispatched for branch transfer or to his agent outside the State,,

(ii) used as raw materials in the manufacture or in the packing of goods so dispatched outside the State in the course of branch transfer or consignment or to his agent outside the State,

(

iii) used as fuel for the manufacture ofgoods,

(iv) used as raw materials or capital goods in manufacture of goods specified in Schedule I or goods exempt from the whole of the tax by a notification under sub - section (2) of section 5 or in the packing ofgoods so manufactured,

(v) used as fuel or capital goods in generation of electrical energy including captive power,

(vi) not connected with his business ,

(vii) used as fuel in motor vehicles ,

(viii) used as capital goods in transfer of property in goods (whether as goods or in some other form) involved in execution of works contract,

(ix) used for transferring the right to use for any purpose (whether or not for a specified period), for cash , deferred payment or other valuable considerations , or

(x) used for any other purpose as may be specified by the State Government by notification in the Official Gazette,

then such dealer shall be liable to pay purchase tax on the turnover of such purchases at the rate set out against each of such goods specified in Schedule II.

INDEX 9-4

[PART IV GUJARAT GOVERNMENT GAZETTE EX,, 29-3-08

(6) Subject to the provisions of this Act , there shall be further levied an additional tax on the turnover of purchases of goods liable to be taxed under sub - section (1 ), (2 ) , (3 ) , (4) or (5 ) , at the rate of -

(i) two and half paise in the rupee on the goods specified in the entries at serial numbers 25, 46B, 48A, 49A, 49B , 51A and 87 in Schedule II , and

(ii) one paisa in the rupee on the goods specified in the entries in Schedule II other than the entries mentioned in clause (i) above :

Provided that the additional tax shall not be levied on the purchase of, -

74 of 1956 .

(a) goods declared to be of special importance under section 14 of the Central Sales Tax Act, 1956;

(b) goods specified in entry at serial number 13 in Schedule II ; and (c) such goods as the State Government may, by notification in the Official Gazette , specify. " .

In the principal Act, in section 11 , -

Amendment of 6. section 11 of Guj .

1 of2005.

(1) in sub - section ( 1 ) , in clause (a) , in sub - clause ( ii ) , for the words , brackets and figures . " sub - section ( 1 ) or (2) " , the words , brackets and figures " sub -section ( 1 ) , (2) , (5) or ( 6) " shall be substituted ;

( 2) in sub - section (3 ) , in clause (b) and in the proviso to clause (b) , for the words " turnover of purchases " , the words "taxable turnover of purchases within the State " shall be substituted ;

(3) in sub -section (5) , the existing paragraph below clause (p) shall be numbered as paragraph ( I) and after paragraph ( I) as so numbered , the following paragraphs shall be inserted, namely: -

"(II ) Notwithstanding anything contained in clause (d) or (dd) in this sub- section and subject to such conditions and in such manner as may be prescribed , a registered dealer shall be allowed to claim tax credit for the taxable goods held in stock on the date of registration which are purchased after 1st April , 2008 and during the period of one year ending on the date of registration .

(III ) Notwithstanding anything contained in clause (nn) in this sub- section and subject to such conditions and in such manner as may be prescribed, a registered dealer , whose permission to pay lump sum tax under section 14 , -

(a) is no longer valid on account of total turnover exceeding rupees fifty lakhs , or

(b) is cancelled on request by such.dealer ,

INDEX PART IV]

9-5 GUJARAT GOVERNMENT GAZETTE EX. , 29-3-08

and becomes liable to pay tax under section 7, shall be allowed to claim tax credit for the taxable goods held in stock which are purchased after 1st April , 2008 and during the period of one year ending on the date of liability to pay tax under section 7. " .

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

Amendment of section 14 ofGuj . 1 of2005 .

(a) in sub -section ( 1 ) , in clause (a) , in the proviso , -

(1) inclause ( ii ) , -

(i)

before the words "purchases the goods " , the words " has purchased in the previous year or " shall be inserted;

(ii) before the words " imports " , the words "has imported in the previous year or " shall be inserted;

(2) in clause ( iii) , before the words "receives the goods " , the words "has received in the previous year or " shall be inserted;

(3) in clause (iv) , before the words "engaged in the " , the words "was engaged in theprevious year or " shall be inserted;

(4) in clause ( v) , before the words " effects the sales " , the words "has effected in the previous year or " shall be inserted ;

(b) in sub - section (4) , for the words , brackets and figures " purchase tax leviable under sub - sections ( 1 ) and (3 ) " , the words , brackets and figures " tax leviable under sub - sections ( 1 ) , (3 ) and (6) " shall be substituted.

Amendment of section 14B of Guj . 1 of 2005 .

8. In the principal Act , in section 14B, in sub- section (5) , for the words, brackets and figures "sub - sections ( 1 ) , (3 ) and (4) of section 9 " , the words , brackets and figures " sub - sections (1 ) , (3 ) , (4) and (6) of section 9 " shall be substituted .

9.. Inthe principal Act , in section 59B , -

(1)

Amendment of section 59B of Guj . 1 of 2005.

in sub -section (3) , in clauses (a) and (b) , for the words " equal to two paise in a rupee " , the words " at the rate as may be specified by the State Government by notification in the Official Gazette" shall be substituted ;

(2) sub - section ( 15 ) shall be deleted.

10. In the principal Act, in Schedule I, in the entry at serial No. 23 , the sub- entry (ii ) shall be deleted .

Amendment of Schedule I to Guj . 1 of 2005.

Ex. -9-2

INDEX 9-6

GUJARAT GOVERNMENT GAZETTE EX. , 29-3-08

[PART IV

11. Inthe principal Act, in Schedule II, -

Amendment ofSchedule IIto Guj . 1 of2005 .

(1) namely:- for the entry at serial No. 58A, the following entry shall be substituted,

" 58A Machinery (including spare parts , accessories and components thereof)

Four paise in the rupee" ;

used in manufacture of goods , excluding domestic appliances (whether fitted or not with electric motor) such as grinder , mixer , grinder- cum -mixer , juicer , blender, water purifier, flour mill , toaster , oven, etc.

(2) in the entry at serial No. 87, for the word and figure " Schedule I " , the words and figures " Schedule I or Schedule III " shall be substituted.

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 10

REGISTERED No. G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

SATURDAY , MARCH 29 , 2008/ CAITRA 9, 1930

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March, 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 10 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 29th March, 2008) .

AN ACT

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

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

commencement .

1. (1) This Act may be called the Gujarat State Tax on Professions, Short title and Trades, Callings and Employments (Amendment) Act, 2008 .

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

IV-Ex - 10-1

10-1

INDEX 10-2

GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

PART IV

President's Act No. 11 of1976.

Amendment of long title of President's Act No. 11 of 1976 .

2 . In the Gujarat State Tax on Professions , Trades , Callings and Employments Act, 1976 (hereinafter referred to as "the principal Act ") , in the long title, for the word "State " , the words " Panchayats , Municipalities , Municipal Corporations and the State " shall be substituted .

Inthe principal Act, in section 2, -

Amendment of 3 . section 2 of President's Act No. 11 of1976 .

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

"(aa) "Designated Authority " means , -

(i)

Bom . LIX of 1949 .

a Municipal Corporation of a City constituted under section 5 of the Bombay Provincial Municipal Corporations Act , 1949;

(ii)

Guj . 34 of 1964 .

a Municipality as defined in clause (14) of section 2 of the Gujarat Municipalities Act , 1963 ;

Guj . 18 of 1993 .

(iii) (a) a village panchayat constituted under section 9 of the Gujarat Panchayats Act, 1993;

(b) a taluka panchayat constituted under section 10 of the said Act ; and

0 (c) a district panchayat constituted under section 11 ofthe said Act;

or, as the case may be , the State Government, and includes, where such Municipal Corporation, Municipality or, as the case may be , Panchayat has been superseded or dissolved, a person or persons appointed to exercise the powers or to perform the functions of such Municipal Corporation, Municipality or Panchayat, designated as such, subject to such conditions and for such class of persons mentioned in column 2 of Schedule I for such area, by the State Government by notification in the Official Gazette for the purposes of levy and collection of tax under this Act; " ;

(2) in clause (d) , the following explanation shall be added, namely : -

"Explanation.- Every branch of a firm, company, corporation or other corporate body, any society, club or association shall be deemed to be a person and a separate assessee for the purpose of levy of tax under this Act ;" .

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

10-3

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

Amendment of section 3 of President's Act No. 11 of 1976 .

(1) in sub - section (1 ) , for the words "for the benefit of the State" , the words " by the Designated Authorities for the benefit of the Panchayats, Municipalities , Municipal Corporations or, as the case may be, the State" shall be substituted;

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

"(2) Every person engaged in any Profession, Trade, Calling or Employment and falling under one or the other of the classes mentioned in column 2 of Schedule I shall be liable to pay the tax to the Designated Authority at such rate fixed by it but not exceeding the amount mentioned against the class of such person in the said Schedule :

Provided that the rates of tax for the class of persons mentioned in entry 1 of the said Schedule shall be fixed by the State Government by notification in the Official Gazette

Provided further that the tax so payable in respect of any one person shall not exceed two thousand and five hundred rupees in any year:

Provided also that the State Government may, by notification in the Official Gazette , specify the minimum rate of tax for each of such class mentioned in column 2 of Schedule I , below which tax shall not be levied by the Designated Authority and different limits may be fixed for different Designated Authorities and the minimum rate so notified shall be levied till the Designated Authority fixes some other rate under the provisions of this Act :

Provided also that the State Government may, by notification in the Official Gazette , specify the class of persons other than those mentioned in entries 1 to 9 in Schedule I, to whom entry 10 in that Schedule shall apply:

Provided also that the tax shall not be levied from the persons mentioned below Schedule I " ;

(3) in sub - section (3) , for the words " State Government" , the words "Designated Authority " shall be substituted;

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

: "(5) Where a person falling under any of the entries in Schedule I is liable to pay the tax to more than one Designated Authority , he shall pay the tax to the Designated Authority where the tax liability is highest :

Provided that where a person produces a certificate to the effect that the tax has been paid by him to the Designated Authority where the

INDEX 10-4

GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

PART IV

liability of tax is highest, the tax shall not be levied by any other Designated Authority.".

5. In the principal Act, in section 5, in sub - section (5) , for the words " five rupees ", the words " ten rupees " shall be substituted .

Amendment of section 5 of President's Act No. 11 of 1976 .

6. In the principal Act, in section 6, in sub - section (3 ) , for the words " five rupees" , the words " ten rupees " shall be substituted.

Amendment of section 6 of President's Act No. 11 of1976.

7. In the principal Act , in section 11 , in sub - section (2) , -

Amendment of section 11 of President's Act No. 11 of 1976 . (1) in clause ( i) , for the words " the Additional Commissioners of Profession Tax and the Joint Commissioners of Profession Tax " , the words " and the Additional Commissioner of Profession Tax " shall be substituted;

(2) in clause ( iii) , the words "the Assistant Commissioners of Profession Tax and" shall be deleted;

(3) clause (iv) shall be deleted.

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

Amendment of section 12 of President's Act No. 11 of 1976 . (1) in sub-section (1 ), -

(i) for clause (a) , the following clause shall be substituted, namely:-

"(a) For carrying out the purposes of this Act, the State Government may, for each Designated Authority, appoint an officer to be the Commissioner of Profession Tax.";

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

"(aa) For carrying out the purposes of this Act , the Designated Authority may appoint such other officers as an Additional Commissioner of Profession Tax and such, number of Deputy Commissioners of Profession Tax , Profession Tax Officers and other officers and persons not below such ranks , as the State Government may specify in this regards , with such designation." ;

(iii) in clause (b), -

(a) for the words "paragraph ( ii) or (iii) of clause (a) " , the words, " clause ( a ) or (aa)" shall be substituted;

INDEX PART IV]

10-5 GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

(b) for the words " State Government may, by notification in the Official Gazette" , the words "Designated Authority may , by order" shall be substituted;

(2) sub - sections (3 ) , (4) , (4A), (5 ) , and (6) shall be deleted.

9. In the principal Act, in section 13, in sub -section (1) , in clauses (b) and (c) , for the words "the Joint Commissioner ", the words "the Additional Commissioner " shall be substituted.

Amendment of section 13 of President's Act No. 11 of 1976.

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

Amendment of section 14 of President's Act No. 11 of 1976 .

(1) in sub-section ( 1 ), in clauses (a) and (b) , for the words "the Joint Commissioner " , the words " the Additional Commissioner" shall be substituted;

(2) in sub -section (3) , for the words " the Joint Commissioner " , the words "the Additional Commissioner " shall be substituted .

11. In the principal Act, in section 16, in sub -section (2) , for the words " five rupees", the words " ten rupees " shall be substituted .

Amendment of section 16 of President's Act No.11 of1976.

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

Amendment of section 18 of President's Act No. 11 of 1976.

(1) for the words " Any authority ", the words " The Commissioner or any officer authorised by the Commissioner " shall be substituted;

(2) in the proviso , for the words " the said authority " , the words "the Commissioner or any officer authorised by the Commissioner " shall be substituted .

13. In the principal Act, in section 26 , -

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

Amendment of section 26 of President's Act No. 11 of 1976.

(i) for the words " The State Government may, by notification in the Official Gazette " , the words " The Designated Authority may by passing a resolution in this behalf and by publishing the same in the Official Gazette" shall be substituted;

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

"(a) its power of appointments of officers and persons other than an Additional Commissioner under clause (aa) of sub- section (1 ) of section 12, and" ;

(iii) for the words " in the notification " , the words " in the resolution" shall be substituted;

Ex-10-2

INDEX 10-6

PART IV GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

(2) in sub - section (2) , the words " or to the officer authorised by the Collecting Agent under sub - section (4) of section 12" shall be deleted.

14. In the principal Act, for section 26A , the following section shall be substituted , namely : -

Substitution of section 26A of President's Act No. 11 of 1976 .

Power to exempt .

"26A. Subject to such conditions as it may impose , the Designated Authority may , after obtaining prior approval of the State Government , if it considers it necessary so to do in public interest, by resolution to be published in the Official Gazette , exempt any class of person from payment of whole or any part of the tax payable under the provisions of this Act ." .

15. In the principal Act , in section 27, -

Amendment of section 27 of President's Act No. 11 of 1976. (1) in sub -section (2) , clause (f) shall be deleted;

(2) sub -section (3) and the proviso thereunder shall be deleted ;

(3) in sub -section (4) , after the words " All rules made " , the words "by the State Government " shall be inserted ;

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

"(6) For carrying out the purposes of this Act , the Designated Authority may make such rules not inconsistent with the provisions of this Act under its relevant law mentioned in clause (aa) of section 2 of this Act ." .

16. In the principal Act, for section 28 , the following section shall be substituted , namely: -

Substitution of section 28 of President's Act No. 11 of 1976 .

Amendment of certain enactments .

"28. The enactments specified in column 2 of Schedule II are hereby amended in the manner and to the extent , specified in column 3 thereof." .

17. In the principal Act, for section 29, the following section shall be substituted , namely; -

Substitution of section 29 of President's Act No. 11 of1976.

Grants to Designated Authorities.

Guj . 10 of 2008.

"29. Out of the proceeds of the tax and penalties , interest and fees recovered before the commencement of the Gujarat Tax on Professions , Trades , Callings and Employments (Amendment) Act, 2008 (hereinafter referred to as " the said Act " ) or recoverable after such commencement as a result of previous operation of the Act under clause (a) of section 31 , there shall , under the appropriation duly made by law,

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

10-7

be paid annually to such local authorities as were levying a tax on professions , trades , callings and employments before the commencement of the said Act . " .

18. In the principal Act , after section 29, the following new sections shall be added, namely: -

Insertion of new sections 30 and 31 in President's Act No. 11 of1976.

Power of State Government to givedirections .

"30. The State Government shall have the powers to issue directions to the Designated Authorities from time to time as may be required for the compliance of the provisions of this Act and the rules made thereunder and the Designated Authority shall , notwithstanding any provision in the relevant law, be bound to comply with such directions .

Savings.

Guj . 10 of 2008 .

31. Nothing in the amendments made by the Gujarat State Tax on Professions , Trades , Callings and Employments (Amendment) Act, 2008 (hereinafter referred to as "the said Act ") shall affect or be deemed to have affected, -

(a) the previous operation of any provision of the Act or anything done or suffered under the said provisions before the commencement of the said Act ;

(b) any right, privilege , obligation or liability acquired, accrued or incurred under the said provisions before the commencement of the said Act;

(c) any penalty , forfeiture or punishment incurred in respect. of any offence committed against the provisions of the Act before the commencement of the said Act; or

(d) any investigation, legal proceeding or remedy in respect of any such right , privilege , obligation, liability, penalty , forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said Act had not been passed. " .

19. In the principal Act , for Schedule I and Schedule II, the following Schedules shall be substituted, namely: -

" SCHEDULE I

Substitution of Schedule I and Schedule II to President's Act No. 11 of 1976 .

.(See section 3 and section 5(3 ) )

Rates of tax on Professions, Trades, Callings and Employments .

Class of Persons

Sr. No.

Maximum Rate ofTax (inRs .)

1. (A) Salary and Wage earners of the State Government, Central Government, Panchayats , Public Sector Undertakings of the State and the Central Government, and Grant- in-aids institutions , whose monthly salaries or wages are -

(i) less than Rs.3,000/ -

Zero

INDEX 10-8

PART IV GUJARAT GOVERNMENT GAZETTE EX,, 29-3-08

Class of Persons

Sr. No.

Maximum Rate ofTax (in Rs .) 1.

(ii) Rs.3,000/-or more but less than Rs.6,000/-

200/- per month

(iii ) Rs.6,000/-or more but less than Rs.9,000/-

200/- per month

200/- per month (iv) Rs.9,000/- or more but less than Rs.12,000/- .

(v) Rs . 12,000/- or more

200/- per month

Explanation I.- Where any salary or wages are payable according to any period other than a month , the monthly salary or wages shall , for the purpose of this entry, be reckoned on the basis of the actual amount of salary or wages paid or payable for a month .

Explanation II.- Where a person ceases to be a salary or wages earner before the end of any month , his liability to pay the tax for that month shall be proportionately reduced .

(B) Salary and Wage earners other than those mentioned in sub -entry (A) , whose monthly salaries or wages are -

(i) less than Rs.3,000/-

Zero

(ii) Rs.3,000/- or more but less than Rs.6,000/-

200/- per month

(iii) Rs.6,000/- or more but less than Rs.9,000/-

200/- per month

( iv) Rs.9,000/- or more but less than Rs . 12,000/-

200/- per month (v) Rs . 12,000/- or more

200/- per month

7 Explanation I.- Where any salary or wages are payable according to any period other than a month, the monthly salary or wages shall , for the purpose of this entry , be reckoned on the basis of the actual amount of salary or wages paid or payable for a month .

Explanation II.- Where a person ceases to be a salary or wages earner before the end of any month , his liability to pay the tax for that month shall be proportionately reduced.

2500 / - per annum (a) Legal Practitioners including Solicitors and Notaries Public.

2500/- per annum (b) Medical Practitioners including Medical Consultants and Dentists .

2500/- per annum (c) Technical and professional consultants , including Architects , Engineers , RCC Consultants , Tax Consultants , Chartered Accountants , Actuaries and Management Consultants .

2500/- per annum (d) Chief Agents , Principal Agents , Special Agents , Insurance Agents and Surveyors or Loss Assessors , registered or licenced under the Insurance Act , 1938 (4 of1938) .

2500/- per annum (e) All Contractors other than building contractors .

2500/- per annum (f) Commission Agents , Dalals and Brokers: other than Estate Brokers .

2500/- per annum (g) Automobile Brokers .

2500/- per annum (h) Tour Operators and Travel Agents .

2500/- per annum (i) Cable T.V. Operators.

2500/- per annum (j ) Film Distributors .

2500/- per annum (k) Owners of Advertisement Agencies .

2500/- per annum (1) Owners of Tuition Classes or Tutorial Institutions .

2500/- per annum

(m) Owners of Institution or Service Providers engaged in

INDEX PART IV]

10-9 GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

Class of Persons

Sr. No.

Maximum Rate ofTax(inRs .)

Computer Education or Training, or Online Information and Data Base Service through Computer Network .

2500/- per annum (n) Owners of Driving Schools .

2500/- per annum ( 0) Owners of Marriage Halls and Party Plots .

2500/- per annum (p) Angadia or Courier Service Providers .

2500/- per annum (q) Owners of Health Club and Recreation Clubs .

2500/- per annum 3. (i) 1952) . Members of Association recognised under the Forward Contract (Regulation) Act , 1952 (74 of

2500/ - per annum (ii) (42 of 1956). Members of Stock Exchanges recognised under the Securities Contracts (Regulation) Act, 1956

2500/ - per annum (iii) Owners of Oil Pumps and Service Stations and where any oil pumps and service stations are leased, the lessees thereof.

2500/- per annum (iv) Licenced foreign liquor vendors and employers of residential hotels and theatres as defined in the Bombay Shops and Establishments Act, 1948 (Bom . LXXIX of 1948) .

2500/- per annum (v) Public Limited or Private Limited Companies registered under the Companies Act, 1956 ( 1 of 1956) and engaged in any profession, trade or calling.

2500/- per annum (vi) Individuals or Institutions conducting Chit Funds .

2500/- per annum (vii) Banking companies as defined in the Banking Regulation Act, 1949 ( 10 of 1949) .

2500/ - per annum (viii) Co -operative Societies registered or deemed to be registered under the Gujarat Co -operative Societies Act, 1961 (Guj . X of 1962) -

2500/- per annum (a) State Level Societies and District Level Societies engaged in any profession , trade or calling.

2500/- per annum (b) Co - operative Sugar Factories and Co - operative SpinningMills .

2500 /- per annum (ix) Contractors . Estate Agents or Estate Brokers or Building

(x) Owners of Video Parlours or Video Libraries or both and where any Video Parlours or Video Libraries or both are leased, the lessees thereof.

2500/- per annum

Firms registered under the Indian Partnership Act , 1932 (IX of 1932) which are engaged in any professions , trades or callings.

2500/- per annum

Occupiers of factories as defined in the Factories Act, 1948 (63 of 1948) .

2500/- per annum.

Employers of establishments as defined in the Bombay Shops and Establishments Act, 1948 ( Bom . LXXIX. of 1948) , where on an average employees employed in the establishment during a year are more than five per day .

7. Dealers as defined in the Gujarat Value Added Tax Act,

Ex-10-3

INDEX 10-10

PART IV GUJARAT GOVERNMENT GAZETTE EX ,. 29-3-08

Class of Persons

Sr. No.

Maximum Rate of Tax ( in Rs .) 1.

2003 (Guj . 1 of 2005 ) whose annual gross turnover of all sales or of all purchases is-

Zero

(i) not more than Rs.2,50,000/-

2500/- per annum (ii) more than Rs.2,50,000/- but not more than Rs.5,00,000/-

2500/- per annum (iii) more than Rs.5,00,000/- but not more than Rs.10,00,000/-

2500/- per annum (iv) more than Rs . 10,00,000/-

Explanation.- For the purpose of this entry , the term , 'year' shall mean the year as defined in clause ( 36) of section 2 of the Gujarat Value Added Tax Act, 2003 (Guj . 1 of2005).

2500/- per annum Holders of permits for transport vehicle granted under the Motor Vehicles Act, 1988 (59 of 1988) which are used or adapted to be used for hire or reward, where any such person hold permits for more than two transport vehicles buses, taxis, trucks or three wheelers goods vehicles . Explanation.- Persons residing together as members of one family and holding separate permits shall be one

person for the purposes of this entry.

2500 / - per annum 9. Money lender licensed under the Bombay Money- Lenders Act, 1946 (Bom . XXXI of 1947) .

10.

2500/- per annum Persons other than those mentioned in any of the preceding entries, who are engaged in any professions , trades, callings or employments and in respect of whom a notification is issued under the fourth proviso to sub- section (2) of section 3 .

Exemptions : - The following persons shall be exempted from the payment of tax under any of the entries 2 to 10 of this Schedule :-

(1) Companies in respect of which orders for winding up are passed under the Companies Act, 1956 ( 1 of 1956) from the date of such orders .

(2) Co - operative Societies under liquidation from the date of the commencement of liquidation proceedings .

(3) A primary co- operative society, the members of which are workers who are carrying on the activity of the society by their own labour .

SCHEDULE II

(See section 28)

Enactments

Amendments

Sr. No.

1 1.

In section 127, in sub - section (2) , -

1. The Bombay Provincial Municipal Corporations Act, 1949

(1) after clause (a) , the following clause

(Bom . LIX of 1949) . shall be inserted, namely : -

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10-11

"(b) subject to and in accordance with the provisions of the Gujarat State Tax on Professions , Trades , Callings and Employments Act , 1976 (President's Act No.11 of 1976) and the rules made thereunder, a tax on professions , trades , callings and employments;" ;

(2) in clause (f) , the words " a tax on professions , trades , callings and employments or " shall be deleted .

In section 99 , in sub - section ( 1 ) , -

The Gujarat Municipalities Act, 1963 (Guj . 34 of 1964) .

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

"(xiv-a) subject to and in accordance with the provisions of the Gujarat State Tax on Professions , Trades , Callings and Employments Act, 1976 (President's Act No.11 of 1976) and the rules made thereunder , a tax on professions , trades , callings and employments;" ;

(2) in clause (xv) , the words "a tax on professions , trades , callings and employments or " shall be deleted. " .

1. In section 200, -

The Gujarat Panchayats Act, 1993 (Guj . 18 of 1993). (1) in sub- section ( 1 ) , -

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

"( ix- a) subject to and in accordance with the provisions of the Gujarat State Tax on Professions , Trades, Callings and Employments Act , 1976 (President's Act No.11 of 1976) and the rules made thereunder , a tax on professions , trades, callings and employments; " ;

(b) in clause (x) , the words " or tax onprofessions, trades , callings and employments" shall be deleted;

(2) after sub - section (5) , the

INDEX 10-12

PART IV GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

following sub - section shall be inserted , namely:-

"(5A) Notwithstanding anything contained in sub - section ( 1 ) , where a tax on professions , trades , callings and employments has been imposed by any panchayat under the provisions of this Act in the area within the limits of a village panchayat, it shall not be lawful for any other panchayat , so long as the tax is being so imposed , to levy such tax within such limits . " .

2. In section 206, in sub - section (2) , -

President's Act No. 11 of1976.

(1 ) clause (b) shall be renumbered as sub - clause ( i) of that clause , and in sub- clause ( i) as so renumbered, after the words " such tax or fee" , the brackets , words , figures and letters "(other than tax levied under section 3 of the Gujarat State Tax on Professions , Trades , Callings and Employments Act , 1976 , read with clause ( ix - a) of sub- section ( 1 ) of section 200) " shall be inserted;

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

President's Act No. 11 of1976.

"( ii) Total amount of gross collection of tax levied under section 3 of the Gujarat State Tax on Professions , Trades , Callings and Employments Act, 1976 read with clause (ix- a) of sub- section ( 1 ) of section 200, in any financial year in any area within the jurisdiction of a village panchayat shall not form part of the taluka fund, but shall be assigned to the concerned village panchayat .".

3. In section 210 , -

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE EX,. 29-3-08

10-13

President's Act No. 11 of1976.

tax levied under section 3 of the Gujarat State Tax on Professions , Trades , Callings and Employments Act , 1976 read with clause (ix-a) of sub- section (1 ) of section 200 ) " shall be inserted;

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

President's Act No. 11 of1976.

"( ii) total amount of gross collection of tax levied under section 3 of the Gujarat State Tax on Professions , Trades , Callings and Employments Act , 1976 read with clause (ix- a) of sub- section (1 ) of section 200 , in any financial year in any area within the jurisdiction of a village panchayat shall not form part of the district fund , but shall be assigned to the concerned village panchayat. " .

Ex-10-4

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 11

REGISTERED No. G /GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

SATURDAY , MARCH 29 , 2008/CAITRA 9 , 1930

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

PART IV

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

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 29th March , 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 11 OF 2008 .

(First published, after having received the assent of the Governor in the " Gujarat Government Gazette ", on the 29th March, 2008) .

AN ACT

to provide for the constitution of the District Planning Committees at the district level for consolidation of the plans prepared by the Panchayats and the Municipalities in the district and preparation of __draft development plan for the district as a whole .

It is hereby enacted in the Fifty- ninth Year of the Republic of India as

follows:

1. (1 ) . This Act may be called the Gujarat District Planning Committees Act , 2008 .

Short title , extent and commencement .

(2) It extends to the whole of the State of Gujarat except the areas to which the provisions of the Bombay Provincial Municipal Corporations

Bom. LIX of

1949. Act, 1949 apply.

IV -Ex - 11-1

INDEX GUJARAT GOVERNMENT GAZETTE EX,. 29-3-2008

11-2

[PART IV

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

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

(a) "Committee " means a District Planning Committee constituted under sub - section ( 1 ) of section 3 ;

(b) "District Collector " includes an Additional District Collector , or any other officer appointed by the State Government to discharge all or any of the functions of the District Collector under this Act ;

( c)

Guj . 18 of1993 .

"District Panchayat " means a District Panchayat as defined in clause (7) of section 2 of the Gujarat Panchayats Act , 1993 .

Guj . 34 of 1964.

(d) "Municipality " means a municipality as defined in clause ( 14) of section 2 of the Gujarat Municipalities Act , 1963 ;

(e) "population " means the population as ascertained at the last preceding census of which the relevant figures have been published;

(f) "prescribed " means prescribed by rules ;

" rural area " means an area within a Taluka .

(g)

Guj . 18 of 1993 .

Explanation. "Taluka " means a taluka as defined in clause (25) of section 2 of the Gujarat Panchayats Act , 1993;

(h) "urban area " means an area within a Municipality ;

Constitution of District Planning Committee.

3. (1) The State Government shall , by notification in the Official Gazette, constitute a District Planning Committee in each district consisting of such number of persons not less than thirty and not more than forty as it may determine .

(2) The District Planning Committee shall consist of following members , namely: -

(i) the Chairperson of the committee to be nominated by the State Government;

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11-3

(ii) the President of the District Panchayat, who shall be the Vice- Chairperson;

(iii) the District Collector, who shall be the Co - Vice - Chairperson;

(iv) the District Development Officer ;

(v) the District Planning Officer, who shall be the Member- Secretary of the Committee;

(vi)

: a person or persons , as determined by the State Government , having special knowledge in the fields of economics , planning, finance , engineering or administration ;

(vii) (a) such number of members as determined by the State Government, to be elected by and from amongst the elected members of the District Panchayat; and

(b) such number of members as determined by the State Government , to be elected by and from amongst the elected members of the Municipalities within the District:

Provided that not less than four - fifths of the total number of the members of the Committee shall be elected by and from amongst the elected members of the District Panchayat and of the Municipalities in the District in proportion to the ratio between the population of the rural areas and of the urban areas in the District .

(3) (i) The members of the House of the People and the members of the Gujarat Legislative Assembly elected from any constituency in the District or a part thereof shall be permanent invitees to the District Planning Committee;

(ii) such officer or officers of the State Government or of any statutory Board, Corporation or Authority having knowledge in the field of economics , planning, engineering , finance or administration, as decided by the State Government , shall be the permanent invitees to the District Planning Committee.

INDEX 11-4

GUJARAT GOVERNMENT GAZETTE EX ,. 29-3-2008

[PART IV

Election .

(1). The District Collector shall co - ordinate and supervise all works in connection with the election of members to the Committee in the manner as may be prescribed.

(2) The District Collector shall appoint a Retuning Officer and as many Assistant Returning Officers as may be necessary for conducting the election of members to the Committee.

(3) The powers and functions of the Returning Officer and the Assistant Returning Officers shall be such as may be prescribed.

(4) Where any dispute arises regarding any election held under this Act, any person entitled to vote at such election may, within thirty days after the date of the declaration of the results of such election, file a petition, calling in question such election, before the Election Commissioner of the State having jurisdiction, and the decision of the Election Commissioner shall be final and shall not be called in question in any court ..

(5) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force , no civil court of law shall have jurisdiction to entertain any petition calling in question the validity of any election held under this Act .

5. (1) The term of office of the members of the Committee other than ex - officio , shall be five years .

Term of office and other conditions of members of Committee.

(2) A member of a Committee , who is a member of a District Panchayat , a Municipality, the House of the People, the Legislative Assembly of the State shall cease to be a member of the Committee if he ceases to be a member of the respective District Panchayat, Municipality , the House of the People or the Legislative Assembly of the State .

(3) The other terms and conditions of the members of the Committee shall be such as may be prescribed .

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11-5

Resignation .

6. ( i) The Chairperson may at any time, resign his office by writing to the State Government and on such resignation being accepted the Chairperson shall be deemed to have vacated his office;

(ii) The Vice - Chairperson or a member of the Committee may, at any time, resign his office by writing to the Chairperson and, on such resignation being accepted , the Vice- Chairperson or, as the case may be , the member shall be deemed to have vacated his office .

7. Any vacancy occurring by reason of death , resignation or otherwise of an elected member of a Committee shall be filled by election of another member in the manner as may be prescribed .

Filling of casual vacancy in place of an elected member of Committee .

Grant to Committee .

8. The State Government shall provide to the Committee such sum as it may think fit for the purpose of carrying out the functions by the Committee under this Act.

Procedure,. records to be regulated by Committee .

9. (1) The Committee shall meet on such date , at such time and place as the Chairperson may think fit and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by rules:

Provided that the Chairperson, when required by a notice in writing by at least one -third of the members of the Committee shall call a meeting within one month from the date of receipt of the notice .

(2) Minimum of ten members , shall form a quorum for a meeting of the Committee:

Provided that no quorum shall be necessary for an adjourned meeting .

(3 ) The Secretary of the Committee shall maintain records and the proceedings of the meetings of the Committee and shall take such actions as the Committee may decide ..

IV-Ex.11-2

INDEX 11-6

[PART IV GUJARAT GOVERNMENT GAZETTE EX,. 29-3-2008

10. (1) The Committee shall-

Powers and functions of Committee.

(a) consolidate the plans prepared by the Panchayats and the Municipalities in the district, and

( b) prepare a draft development plan for the district as a whole .

(2) The Committee shall , in preparing the draft development plan under clause (b ) of sub - section ( 1 ) ,

(a) have regard to

(i) matters of common interest between the Panchayats and the Municipalities including spatial planning , sharing of water and other physical and natural resources , the integrated development of infrastructure and environmental conservation;

(ii) the extent and type of available resources , whether financial or otherwise ;

(b) consult such institutions and organisations as the State Government may , by order, specify.

(3) The State Government may , by order , assign to the Committee such other functions relating to district planning.

(4) The State Government may constitute Sub-Committees as may be deemed necessary for carrying out the purposes of this Act in the manner as may be prescribed .

(5) The Chairperson of a Committee shall forward the draft development plan , as recommended by such Committee, to the State Government in the manner as may be prescribed.

INDEX PART IV]

GUJARAT GOVERNMENT GAZETTE EX ,. 29-3-2008

11-7

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

Power of State . Government to make rules .

(2) In particular and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the matters , which under any provision of this Act , are required to be prescribed or to be provided for by rules .

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

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

12. (1)

Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may , by order published in the Official Gazette , make such provisions not inconsistent with the provisions of this Act, as appears it to be necessary or expedient for removing the difficulty :

Provided that no order under sub- section ( 1 ) shall be made after the expiry of two years from the date of commencement of this Act .

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

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 12

REGISTERED No. G/ GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

SATURDAY , MARCH 29 , 2008/ CAITRA 9 , 1930

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March, 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 12 OF 2008 .

(First published, after having received the assent of the Governor in the "Gujarat Government Gazette " , on the 29th March, 2008) .

AN ACT

to confer power on the Sardar Sarovar Narmada Nigam Limited to redeem, in the public interest, the Deep Discount Bonds issued by it.

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

: Short title .

1. This Act may be called the Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds ) Act, 2008 .

IV -Ex - 12-1

12-1

INDEX 12-2

[PART IV GUJARAT GOVERNMENT GAZETTE EX ,. 29-3-2008

Amendment of 2.

Bonds. financial covenants and conditions of

1 of1956 .

(1) Notwithstanding anything contained in the terms of prospectus dated the 29th September , 1993 issued by the Sardar Sarovar Narmada Nigam Limited being a Government Company within the meaning of section 617 of the Companies Act, 1956 (hereinafter referred to as " the Company ") in respect of the Bonds, or in the Trust Deed dated the 31 st December, 1994 between the Company and the trustees , or in any other document relating to Deep Discount Bonds or in condition No.7 appearing under the heading "financial covenants and conditions " specified on the reverse side of the Bonds (hereinafter referred to as " the said financial covenants and conditions ") , the Legislative Assembly of Gujarat hereby amends , in the public interest, the said financial covenants and conditions as follows , namely : -

In the said financial covenants and conditions , after condition No. 3 relating to redemption, the following condition shall be inserted and shall be deemed always to have been inserted with effect on and from the date of the allotment of the Bonds , namely : -

" 3A. ( a) Notwithstanding anything contained in condition No. 3 relating to redemption and in the terms of withdrawal of Bonds appearing under condition No. 9, each Bond having the face value of Rs . 1,11,000 issued at Rs . 3,600 shall be redeemed earlier on such date and with such deemed face value as the Company may determine by payment of the amount so determined :

+ Provided that the deemed face value shall be so determined as not to be less than such amount as may be arrived at by raising the deemed face value of Rs . 25,000 as on 11th January, 2005 at the rate of 18.92 per cent , for the period beginning from the said date of 11th January , 2005 till the date of redemption so determined .

(b) The Company shall publish the date and the deemed face value determined under clause (a) in the newspapers in English and Gujarati languages in the area having wide circulation. " .

(2) The new condition 3A inserted in the said financial covenants and conditions by sub - section ( 1 ) shall be deemed to have been incorporated in and to have formed part of each of such Bonds with effect on and from the date of its allotment i.e. the 11th January, 1994 (irrespective of whether the Bond is in possession of a Bond holder or not) .

Bar of civil courts . jurisdiction of

3 . No civil court shall have jurisdiction to entertain any question arising out of any provision of this Act and of the Deep Discount Bonds (as amended by this Act) issued by the Company and no injunction shall be granted by any civil court in respect of any action taken or to be taken in pursuance of any financial covenant or condition of the Bonds .

GOVERNMENT CENTRAL PRESS , GANDHINAGAR.

INDEX Extra No. 13

G/ GNR/ 2

REGISTERED No.

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX]

SATURDAY , MARCH 29 , 2008/CAITRA 9, 1930

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

PART - IV

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

The Following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th March , 2008 is hereby published for general information .

H. D. VYAS ,

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

GUJARAT ACT NO . 13 OF 2008 .

(First published , after having received the assent of the Governor in the "Gujarat Government Gazette ", on the 29th March, 2008 ) .

AN ACT.

to authorise payment and appropriation of certain sums from and out ofthe Consolidated Fund of the State of Gujarat for the services of the financial year ending on the thirty- first day of March , 2009 .

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

Short title .

1. This Act may be called the Gujarat Appropriation Act , 2008.

Withdrawal of Rs .

5,02,15,72,95,000 from and out of the Cornsolidated Fund of the State of Gujarat for the financial year 2008-2009 .

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 fifty thousand two hundred fifteen crore , seventy - two lakhs , ninety- five thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2008-09 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 .

IV- Ex . - 13-1

13-1

INDEX 13-2

[PART- IV

GUJARAT GOVERNMENT GAZETTE EX . 29-3-2008

SCHEDULE

(seesections 2 and 3)

 No. of    Services and purposes                                       Sums not exceeding
 Vote/                                                        Voted         Charged on        Total
                                                                                the
Appro-
priation                                                                    Consolidated
                                                                               Fund
                                                                Rs.             Rs .           Rs.
                                                                               3 .
                                              Revenue           130294000                    130294000
          Agriculture and Co- operation
           Department
    2      Agriculture                        Revenue         6764756000                    6764756000
                                              Capital             5000000                      5000000
    3      Minor Irrigation , Soil Conservation Revenue        2005515000                   .2005515000
           and Area Development                                     10000                         10000
                                              Capital
    4      Animal Husbandry and Dairy         Revenue          1384384000                   1384384000
           Dévelopment
    5                                         Revenue           542510000                    542510000
           Co-operation
                                              Capital            23200000                     23200000
    6      Fisheries                          Revenue          1350700000                    1350700000
                                              Capital            50000000                      50000000
    7      Other Expenditure pertaining to    Capital            11000000                     11000000
           Agriculture and Cooperation
           Department
    8      Education Department               Revenue            39692000                     39692000
    9      Education                          Revenue         54637013000     1545100000    56182113000
                                              Capital          1171500000                    1171500000
    10     OtherExpenditure pertaining to      Revenue           11500000                      11500000
           Education Department
                                              Capital           265515000                    265515000
    11     Energy and Petro -Chernicals        Revenue           43470000                     43470000
           Department
    12     Tax Collection Charges (Energy and  Revenue           73930000                      73930000
           Petrochemicals Department)
    13     EnergyProjects                      Revenue        22327601000                  22327601000
                                               Capital         3874971000                   3874971000
    14     OtherExpenditure pertainingto       Revenue            9550000                      9550000
           Energy and Petro- Chemicals                             800000 .                      800000
           Department                          Capital
           Finance Department                  Revenue           83666000                      83666000
    15
    16     TaxCollection Charges (Finance      Revenue          955047000                    955047000
           Department)
    17     Treasury andAccounts Administration Revenue          794100000                     794100000
    18     Pensions andOther Retirement Benefits . Revenue    26636410000        1200000    26637610000
    19     Other Expenditure pertainingto      Revenue        22202258000                   22202258000
            Finance Department
                                               Capital           115510000         100000     115610000
    20     Repayment ofdebt pertainingto       Revenue                       77701234000    77701234000
           Finance Department and its Servicing                                             31593535000
                                               Capital                       31593535000
    21      Food, Civil Supplies and Consumer  Revenue           87356000                      87356000
           AffairsDepartment
    22     CivilSupplies                       Revenue          1762206000                   1762206000
    23      Food                               Revenue           199479000                    199479000
                                               Capital            12500000                     12500000
    24     OtherExpenditure pertainingto Food, Capital             1100000                      1100000
            Civil Supplies and Consumer Affairs
            Department
    25                                         Revenue           32190000                      32190000
            Forest and Environment Department
    26                                         Revenue          1631966000        1100000    1633066000
            Forest
                                               Capital          1183735000                   1183735000
    27      Environment                        Revenue            51000000

INDEX GUJARAT GOVERNMENT GAZETTE EX . 29-3-2008

PART- IV]

 No. of    Services and purposes
 Vote/
Appro-
priation
   1                             2
   28     Other expenditure pertaining to Forest Capital
           and Environment Department
   29     Governor-

13-3

                                                                   Sums not exceeding
                                                           Voted        Charged on        Total
                                                                            the
                                                                        Consolidated
                                                                           Fund
                                                            Rs .            Rs.            Rs.
                                                                           3
                                                              5840000                      5840000
                                           Revenue                         27912000       27912000
30     Council ofMinisters                 Revenue          23151000                      23151000
31     Election                            Revenue          216029000                    216029000
32     Public Service Commission           Revenue           14335000      32480000       46815000
33     GeneralAdministration Department    Revenue          397920000                    397920000
34     Economic Advice and Statistics      Revenue           98505000                     98505000
35     OtherExpenditure pertaining to      Revenue         1975093000       3094000     1978187000
        General Administration Department                     8040000
                                          Capital                                          8040000
36      State Legislature                  Revenue          109430000        1660000     111090000
37     Loans and Advances to Government   Capital             3407000                      3407000
        Servants in Gujarat Legislature
       -Secretariat
38      Health and Family Welfare          Revenue           91465000                     91465000
       Department
39     Medical and Public Health           Revenue        10047294000                  10047294000
                                          Capital          1388858000                   1388858000
40      FamilyWelfare                      Revenue        .1873338000                   1873338000
41     OtherExpenditure pertaining to Health Revenue          1895000                      1895000
        and Family Welfare Department
                                          Capital            17000000                     17000000
42      Home Department                    Revenue         240595000                     240595000
43      Police                             Revenue        1,1018003000                 11018803000
44      Jails                              Revenue          325976000                    325976000
45      StateExcise                        Revenue           61850000                     61850000
46     Other Expenditure pertaining to Home Revenue         370265000        300000      370565000
       Department
                                          Capital           745002000                    745002000
47      Industries andMines Department     Revenue           84569000                     84569000
48      Stationery and Printing            Revenue ..      461335000                     461335000
49      Industries                         Revenue         5788679000                   5788679000
                                           Capital          603050000                    603050000
50     Mines and Minerals                  Revenue          464290000                    464290000
51      Tourism                            Revenue          876215000                    876215000
                                           Capital            1100000                      1100000
52      OtherExpenditure pertainingto      Revenue          253850000                    253850000
        Industries and Mines Department
                                          Capital             9610000                      9610000
53      Information and Broadcasting      Revenue             7370000                      7370000
       Department
54      Information and Publicity         Revenue           457040000                    457040000
 55    Other Expenditure pertaining to    Revenue            35875000                     35875000
        Information and Broadcasting
        Department                         Capital            5500000                      5500000
56      Labour and Enmployment Department  Revenue           49885000                     49885000
 57     Labour and Employment              Revenue         2025606000                   2025606000
58     Other Expenditure pertainingto      Capital            5555000                      5555000
        Labour and Employment Department
59      Legal Department                   Revenue          40470000                      40470000
60      Administration of Justice          Revenue         1665960000     305315000     1971275000
61     OtherExpenditure pertaining to Legal Revenue         203774000                    203774000
       Department
                                           Capital           16651000                     16651000

INDEX 1

GUJARAT GOVERNMENT GAZETTE EX . 29-3-2008

13-4

 No. of   Services and purposes
 Vote/
Appro-
priation
                              2.
   62

[PART -IV

                                                                    Sums not exceeding
                                                           Voted         Charged on       Total
                                                                             the
                                                                         Consolidated
                                                                            Fund
                                                            Rs.              Rs.           Rs.
                                                                            3
        Legislative and Parliamentary Affairs Revenue        24325000                     24325000
        Department
63      Other Expenditure pertainingto     Capital              150000                       150000
        Legislative and Parliamentary Affairs
        Department
64      Narmada , Water Resources , Water  Revenue           71100000                     71100000
        Supply and Kalpsar Department
65     Narmada Development Scheme          Capital        21363800000                  21363800000
66      Irrigation and Soil Conservation   Revenue         5649581000                   5649581000
                                           Capital        11533049000                   11533049000
67      WaterSupply                        Revenue         4011000000                   4011000000
                                           Capital         8586000000                    8586000000
68      Other Expenditure pertaining to    Revenue            4420000                      4420000
        Narmada, Water Resources , Water
                                           Capital            16020000                     16020000
        Supply and Kalpsar Department
69      Panchayats , Rural Housing and Rural Revenue         33276000                      33276000
        Development Department
70      CommunityDevelopment               Revenue         5685790000                    5685790000
71                                         Revenue         4226312000     1654600000     5880912000
        Rural Housing and Rural Development
72      Compensation and Assignments       Revenue          639927000                    639927000
73      OtherExpenditure pertaining to     Revenue         1309415000                    1309415000
        Panchayats , Rural Housing and Rural
                                           Capital           136320000                    136320000
        Development Department
74      Transport                          Revenue         2433490000                  ..2433490000
                                           Capital          1325000000                   1325000000
 75     OtherExpenditure pertaining to Ports Revenue          10990000                     10990000
        and Transport Department
                                           Capital              360000                       360000
76      Revenue Department                 Revenue          165301000                     165301000
 77     Tax Collection Charges (Revenue     Revenue         946073000                     946073000
        Department)
 78     District Administration            Revenue         1042484000                    1042484000
79      Reliefon account of Natural        Revenue         6118988000                    6118988000
        Calamities
                                           Capital         2625900000                    2625900000
80      Dangs District                     Revenue          221960000                     221960000
81      Compensation and Assignments       Revenue           354745000       1300000      356045000
                                           Capital             1800000        200000        2000000
82      OtherExpenditure pertaining to     Revenue            9475000                      9475000
        Revenue Department
                                           Capital             5165000                      5165000
83      Roads and Buildings Department     Revenue           90670000                      90670000
84      Non-Residential Buildings          Revenue         2843538000        1450000     2844988000
                                           Capital         4367787000                    4367787000
 85     Residential Buildings              Revenue          951572000                     951572000
                                           Capital          191083000                     191083000
86      Roads andBridges                   Revenue         12276088000                  12276088000
                                           Capital         8288860000                    8288860000
 87     Gujarat Capital Construction Scheme Revenue          85160000                      85160000
                                           Capital          887000000                     887000000
88      Other Expenditure pertaining to Roads Revenue.       122021000                    122021000
        andBuildings Department
                                           Capital           60500000                      60500000
89      Science and Technology Department  Revenue          201925000                     201925000
90      OtherExpenditure pertainingto      Revenue           177100000                    177100000

INDEX 13-5

GUJARAT GOVERNMENT GAZETTE EX . 29-3-2008

PART - IV]

Services and purposes

No. of Vote/ Appro- priation

Capital

2 Science and Technology Department Voted

Total

Sums not exceeding Charged on the Consolidated Fund

Rs.

97100000

Revenue

Social Justice and Empowerment Department

29939000

3979580000

10500000

Revenue

Social Security and Welfare

Capital

3990080000

152840000 152840000

865409000

Revenue

93 Welfare of Scheduled Tribes

Capital

102795000

7255000 7255000

Capital

Other Expenditure pertaining to Social Justice and Empowerment Department

9421251000 9421251000

Revenue

95 Scheduled Castes Sub Plan

1110055000 1110055000

Capital

19341126000 19341126000

Revenue

96 Tribal Area Sub -Plan

11874351000

Capital

33763000 33763000

Revenue

Sports , Youth and Cultural Activities Department

622057000 622057000

Revenue

Youth Services and Cultural Activities

1515000 1515000

Capital

Other Expenditure pertaining to Sports , Youth and Cultural Activities Department

18700000 18700000

Revenue

100

Urban Development and Urban Housing Department

676165000

675525000

640000

Revenue

101 Urban Housing

33975503000 33975503000

Revenuc

102

Urban Development

300000000 300000000

Capital

1429103000

300103000

1129000000

Revenue

103

Compensation , Assignment and Tax CollectionCharges

7850000 7850000

Revenue

104

3010000 3010000

Capital

Other Expenditure pertaining to Urban Development and Urban Housing Department

9915000 9915000

Revenue

105 Women and Child Development Department

3058999000

5000000

3053999000

Revenue

106

Other Expenditure pertaining to Women and Child Development Department

500505000 500505000

Capital

387500786000 82267873000

305232913000

Revenue

TOTAL

83062674000

114656509000 31593835000

Capital

TOTAL

502157295000 113861708000

388295587000

Government Central Press , Gandhinagar .

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

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

THURSDAY, JUNE 5 , 2008 / JYAISTHA 15 , 1930

Vol . XLIX]

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

PART IV

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

The following Act of the Gujarat Legislature, having been assented to by the President on the 16th May, 2008 , is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO. 14 OF 2008 .

(First published, after having received the assent of the President in the "Gujarat GovernmentGazette " on the 5th June , 2008) .

AN ACT

further to amend the Registration Act, 1908 in its application to the State ofGujarat .

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

1. (1) This Act may be called the Registration (Gujarat Amendment ) Act, 2008. Short title and commencement.

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

XVI of 1908. 2 . In the Registration Act, 1908 in its application to the State of Gujarat , in section Amendment of 17, in sub - section ( 1 ) , after clause (e) and before the proviso , the following clauses shall section 17 of XVI of be inserted, namely : - 1908.

"(f) power of attorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder ;

(g) instrument relating to the mortgage by deposit of title deeds: " .

14-1

IV - Ex. , - 14-1

Government Central Press , Gandhinagar .

INDEX

i Extra No. 15

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol : XLIX]

TUESDAY , JUNE 10 , 2008/ JYAISTHA 20 , 1930

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

PART IV

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

AGRICULTURE AND CO - OPERATION DEPARTMENT

Sachivalaya, Gandhinagar , Dated the 10th June, 2008.

GUJARAT ORDINANCE NO . 1 OF 2008 .

AN ORDINANCE

to regulate the supply, distribution, sale and fixation ofsale price ofcotton seeds andfor the matters connected therewith and incidental thereto .

54 of1966.

WHEREAS cotton seeds of certain varieties are not notified under section 5 of the Seeds Act, 1966 and consequently no sale of such seeds are regulated under section 7 of the said Act ;

10 of1955.

54 of2006.

AND WHEREAS cotton seed is not an essential commodity within the meaning of the Essential Commodities Act , 1955 as amended by the Essential Commodities (Amendment) Act , 2006 ;

15-1

IV -Ex . , - 15-1

INDEX 15-2

[PART- IV GUJARAT GOVERNMENT GAZETTE, Ex. , 10-6-2008

10 of1955 .

AND WHEREAS the provisions of the Seeds ( Control) Order, 1983 , issued under section 3 of the Essential Commodities Act, 1955 are not applicable in so far as they relate to the cotton seeds with effect from 12th February , 2007;

AND WHEREAS there is no provisions in the Environment

29 of1986.

(Protection) Act, 1986 to regulate the supply, distribution and sale of transgenic and genetically modified cotton seeds and to control the sale price of such cotton seeds in the State ;

AND WHEREAS the traders in cotton seeds including transgenic cotton seeds are exploiting poor farmers by collecting exorbitant price ;

AND WHEREAS there is no provision to regulate the supply, distribution, sale of cotton seeds and to control the sale price of such cotton seeds in the State;

AND WHEREAS it has become imperative on the part of the State Government to regulate the supply, distribution and sale of cotton seeds by fixing the sale price in the interests of the farmers in the State;

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

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to regulate the supply, distribution and sale of cotton seeds by fixing the sale price in the interests of the farmers of the State ;

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

INDEX 15-3 PART - IV] GUJARAT GOVERNMENT GAZETTE , Ex . , 10-6-2008

1. Short title and commencement.- ( 1 ) This Ordinance may be called the Gujarat Cotton Seeds ( Regulation of Supply , Distribution , Sale and Fixation of Sale Price) Ordinance , 2008 .

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

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

(1) "Agronomic Performances " means distinguishable agronomic qualitative and quantitative characteristics of any cotton seed variety considered for evaluation of performance as claimed by the producer on label;

(2) "Controller " means the Cotton Seed Controller appointed under section 3 ;

(3) "Cotton Seed " means cotton seeds of any variety and includes transgenic and genetically modified cotton seeds varieties used for sowing;

(4) " Farmer" means any person who raises cotton crops either by cultivating the land by himself or through any other person but shall not include persons , companies , traders , dealers who are engaged in the commercial procurement and sale of seeds ;

(5) "Misbranded" the seed shall be deemed to be misbranded , if -

(i) it is a substitute for, or resembles in a manner likely to deceive, another variety of seed under the name of which it is sold, and is not plainly and conspicuously labeled so as to indicate its true nature; or

(ii) it is falsely stated to be the produce of any place or country;

(iii) it is sold by a name which belongs to another kind or variety of seed; or

(iv) false claims are made for it upon the label or otherwise; or

INDEX 15-4

[PART- IV GUJARAT GOVERNMENT GAZETTE , Ex. , 10-6-2008

(v) sold in a package which has been sealed or prepared by, or at the instance , of the dealer and which bears his name and address , the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Ordinance; or

(vi) the package containing it or the label on the package bears any statement, design or device regarding the quality of cotton seed contained therein, which is false or misleading in any material particular or if the package is otherwise deceptive with respect of its contents; or

(vii) it is not registered in the manner required by or under the provisions of this Ordinance ; or

(viii) its label does not contain a warning or caution , which may be necessary and sufficient, if complied with to prevent risk to human beings or animals ; or (

(ix) the package containing it or the label on the package bears the name of a fictitious individual or company as the dealer of the kind or variety; or

(x) it is not labeled in accordance with the requirement of the provisions of this Ordinance or the rules made thereunder;

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

(7) "producer" means a person, group of persons , firm or company or organisation who grows or organises the production of cotton seed;

(8) "Spurious Seed" means the cotton seed which is not genuine or true to its type;

(9) " State Seed Testing Laboratory " means a laboratory established or declared as such by the State Government by a notification published in the Official Gazette;

( 10) " sub - standard seeds" means cotton seeds which does not meet with the prescribed standards for the cotton seeds ;

INDEX 15-5 PART - IV] GUJARAT GOVERNMENT GAZETTE , Ex . , 10-6-2008

(11) "Transgenic Variety " means seed or planting material synthesised or developed by modifying or altering the genetic composition by means of genetic engineering ;

( 12) "Variety " means a plant grouping except micro - organism within a single botanical taxon of the lowest known rank , which can be -

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping;

(ii ) distinguished from any other plant grouping by expression of at least one of the said characteristics;

(iii) considered as a unit with regard to its suitability for being propagated which remains unchanged after such propagation;

and includes propagating material of such variety , extant variety, transgenic variety , farmers ' variety and essentially derived variety;

54 of1966 .

10 of1955.

29 of1986.

(13) The words and expressions used in this Ordinance but not defined shall have the same meaning assigned to them in the Seeds Act, 1966, the Essential Commodities Act, 1955 , Seeds (Control ) Order, 1983 issued there under and the Environment (Protection) Act , 1986.

3. Appointment of Controller.- The State Government may, by notification published in the Official Gazette, appoint an officer to be the Cotton Seeds Controller for the State..

4. Powers of Controller.- ( 1 ) Subject to the control of the State Government, the Controller, if it appears to him to be necessary or expedient for regulating, maintaining or increasing the supply or distribution or sale of cotton seeds, may , by order in writing , -

}

(a) require any person holding stock of cotton seeds to sell the whole or specified part thereof at such prices as may be fixed by the State Government from time to time and to such persons in such circumstances as may be specified in the said order ;

(b) require any person engaged in the supply , distribution and sale of cotton seeds to comply with such directions as may be IV- Ex . , - 15-2

INDEX 15-6

[PART- IV GUJARAT GOVERNMENT GAZETTE, Ex . , 10-6-2008

specified in the order as to the variety, quality or quantity of the cotton seeds to be sold or delivered by him from time to time.

(2) Any person to whom an order is issued under sub-section ( 1 ) shall comply with such order , notwithstanding anything inconsistent therewith contained in any contract or other instrument to which he is a party.

5. License for vendor.- ( 1 ) Every person desirous to carry on the business of sale in cotton seeds shall apply to the Controller for grant of licence in such form as may be prescribed.

(2) Such application shall be accompanied by such fees and such other documents , as may be prescribed.

(3) The Controller shall , after making such enquiry as he deems fit , either grant the application or reject it .

(4) If the Controller grants the application, he shall issue a licence to carry on the business of sale in cotton seeds , subject to such terms and conditions and in such form as may be prescribed .

6. Functions of Controller.- The Controller appointed under this Ordinance shall perform the following functions , namely : -

(a) arrange for mandatory registration of cotton seeds firms which are engaged in the trade of cotton seeds duly indicating the production aspects and areas of operation etc ;

(b) arrange for payment of compensation to the farmers ;

(c) advice the State Government on matters relating to regulation of sale of cotton seeds by way of compulsory DNA finger printing test or genetic purity test ; and

(d) such other matters as assigned to him by the State Government .

-{ 7. State Seed Testing Laboratory.- The State Government may in consultation with the Controller and by notification in the Official Gazette , -

INDEX :

15-7 PART- IV] GUJARAT GOVERNMENIT GAZETTE, Ex. , 10-6-2008

(a) establish one or more State Seeds Testing Laboratories or declare any seeds testing laboratory in the Government or non - Government sector as the State Seeds Testing Laboratory where analysis of cotton seeds shall be carried out in the prescribed manner; : ..

(b) recognize one or more seeds testing laboratories as referral seeds testing laboratories for the purpose of referral analysis in the prescribed manner .

8. Compensation to farmers.- ( 1 ) The producer or distributor or

vendor of cotton seeds or, as the case may be , whose address appears on the label shall disclose the expected performance of such seed, under given conditions to the Controller and if such seed fails to provide the expected performance under such given conditions:, the State Government or farmer may claim compensation in such manner as may be prescribed . In respect of transgenic seed all the conditions that are imposed by Genetic EngineeringApproval Committee has to be complied.

(2) In case the claim of expected performance is found fictitious , the producer whose address appears on the label , shall be responsible for payment of all such claims related to agronomic performance as specified in sub -section ( 1 ) .

(3) The compensation payable under sub - sections ( 1 ) and (2) shall be assessed and fixed by the committee appointed for each agro-climatic zone separately, consisting of crop experts and representatives of the State Government, as may be notified by the State Government .

9. Seed Inspector.- ( 1 ) The State Government may , by notification

published in the Official Gazette, appoint such person as it thinks fit to be Seed Inspector and specify the areas within which he shall exercise his jurisdiction.

(2) The Seed Inspector, if he has information that any person dealing in the trade of cotton seeds has contravened any of the conditions issued by the Controller , or suspecting the quality off the cotton seeds or any person is

INDEX 15-8

[PART- IV GUJARAT GOVERNMENT GAZETTE , Ex. , 10-6-2008

about to commit an offence in respect of cotton seeds , he may enter in any premises for the purpose of search , and draw samples and detain or seize the stock of cotton seeds and records and after receiving the reports of seed analysts , shall take all further actions in accordance with the provisions of this Ordinance .

10. Seed Analyst.- The State Government may, by notification published in the Official Gazette, appoint such person as it thinks fit, to be the Seed Analyst and specify the areas within which he shall exercise his jurisdiction.

11. Report of Seed Analyst.- ( 1 ) The Seed Analyst shall, as soon as may be after the receipt of the sample from the Seed Inspector, analyse the sample at the State Seeds Laboratory and furnish a report on the result of the analysis to the Seed Inspector, within thirty days of receipt of the sample to the laboratory.

(2) The Seed Inspector shall on the basis of the report of the Seed Analyst under sub-section (1 ) institute proceedings for the prosecution on the producer or, as the case may be , vendor of the said seed .

(3) After institution of prosecution under this Ordinance , the accused producer or vendor or , as the case may be , the complainant may on payment of the prescribed fee , make an application to the Court for sending any of the sample retained with Seed Inspector or producer or vender as per discretion of Magistrate to any of the laboratory referred to in section 7 of this Ordinance , for its report . The Court shall first ascertain the mark or seal or the fastening as may be prescribed or the intact. On receipt of the application, the Court may dispatch the sample under its own seal to any of the referral laboratory specified for the purpose , which shall thereupon send its report to the Court in the prescribed form specifying the result of the analysis within a period of thirty days from the date of receipt of the sample.

(4) The report sent by the referral laboratory under sub- section (3) shall supersede the report given by the Seed Analyst under sub - section (1 ) .

INDEX PART- IV]

15-9 GUJARAT GOVERNMENT GAZETTE, Ex. , 10-6-2008

(5) When the report sent by the referral laboratory under sub -section (2) is produced in any proceedings , it shall not be necessary to produce any such sample or part thereof taken for analysis in any proceedings.

12. Power to fix the prices. ( 1 ) The State Government may, after taking into consideration of the cost of production, etc. including trait value and other related factors wherever necessary , obtained from various agencies concerned, fix maximum sale price from time to time of all types of cotton seeds .

(2) Every such price shall be published in the Official Gazette and shall be effective from such date as may be specified therein .

13. Penalties.- ( 1 ) If any person contravenes any of the provisions of this Ordinance or the rules or the order issued to him by the Controller under this Ordinance , he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend up to rupees five thousand or with both .

(2) If any person commits any act of misbranding sale of spurious and substandard cotton seeds shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to rupees five thousand or with both .

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

accordingly :

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

IV-Ex . , - 15-3

INDEX 15-10

[PART- IV GUJARAT GOVERNMENT GAZETTE, Ex . , 10-6-2008

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

Explanation.- For the purpose of this section, -

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

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

15. Cognizance of offences.- No court shall take cognizance of any offence punishable under this Ordinance except on a report in writing of the facts constituting such offence made by the Controller or any other authority authorized by him .

16. Appeal.- (1) Any person aggrieved by a decision of the Controller under section 4 or 5 may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to the State Government :

Provided that the appellate authority may admit an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time .

(2) On receipt of an appeal under sub - section ( 1 ) the appellate authority shall , after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible .

(3)

final .

Every order of the appellate authority under this section shall be :

INDEX PART - IV]

15-11 GUJARAT GOVERNMENT GAZETTE , Ex . , 10-6-2008

17. Forfeiture of cotton seed.- When any person has been convicted for the contravention of any of the provisions of this Ordinance or the rules made thereunder, the cotton seed in respect of which the contravention has been committed may be forfeited to the State Government .

18. Exemption.- Nothing in this Ordinance shall apply to any cotton seed grown by a farmer and sold or delivered by him on his own premises directly to another farmer for being used by that farmer for the purpose of sowing.

19. Officers to be public servant.- The Controller and all other officers appointed under this Ordinance shall be deemed to be a public servant .

withinthe meaning of section 21 of the Indian Penal Code, 1860 .

45 of1860.

20. Protection ofaction taken in goodfaith under the Ordinance.- No suit, prosecution or other legal proceedings shall lie against the State Government or the Controller, the Seed Inspector , the Seed Analyst or an officer or employee of the State Government for anything which is done or intended to be done in pursuance of any of the provisions of this Ordinance or rules made thereunder.

21. Power of State Government to give directions.- The State Government may give such directions to the Controller, the Seed Inspector or the Seed Analyst as may appear to it to be necessary for carrying out the provisions ofthis Ordinance or of any rule made thereunder.

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

notification in the Official Gazette , make rules for carrying out the

purposes of this Ordinance .

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters , which under any provision of this Ordinance , are required to be prescribed or to be provided for by rules .

INDEX 15-12

[PART - IV GUJARAT GOVERNMENT GAZETTE, Ex . , 10-6-2008

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

23. Power to remove difficulty. - ( 1) If any difficulty arises in giving effect to the provisions of this Ordinance, the State Government may, by order published in the Official Gazette , make such provisions not inconsistent with the provisions of this Ordinance , as appears it to be necessary or expedient for removing the difficulty :

Provided that no order under sub - section ( 1 ) shall be made after the expiry of two years from the date of commencement of this Ordinance .

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

INDEX PART - IV]

15-13 GUJARAT GOVERNMENT GAZETTE, Ex . , 10-6-2008

STATEMENT

The provisions of the Seeds Act, 1966 (54 of 1966) in its application to the Sate of Gujarat regulates the quality of seeds in respect of notified varieties but cotton seed is not notified under the said Act . For the past few years , in view of the substantial change of pattern of agriculture particularly in usage of seeds , the provisions of the said Act are found to be inadequate for enforcement in respect of quality of cotton seeds and regulation of trade of non notified cotton varieties research hybrid varieties , etc. , as a result, the entire economy of farmer is adversely affected.

By the recent amendment of Essential Commodities Act, 1955 Cotton Seed is deleted from the Schedule of the Act. The traders who are dealing in cotton seeds including transgenic cotton seeds have been resorting to dubious methods and exploitation of poor farmers particularly in respect of scarce type of cotton seed, causing unjustified burden towards seed cost which is essential and vital input in the process of agriculture, which lead the several farmers into debt trap . The multinational companies are taking undue advantage of their monopoly in respect of scarce type of cotton seed.

Article 39 (b) of the Constitution of India empowers the State Government to make suitable statutory provisions , so as to make available the commodities essential to the citizens at fair price . Therefore , in the interest of farming fraternity and to have free flow of supply, equal distribution and price of all kinds of cotton seeds including transgenic cotton seeds and to protect farmers economy , it is expedient and necessary to promulgate an Ordinance in this regard.

ThisOrdinance provides for appointment of Controller at the State

level and to notify the Seed Testing Laboratories .

It also provides for curtailing the supply of spurious or inferior quality of seed and to evolve an effective regulatory system which will enable effective quality assurance , supply, distribution and at fair price.

IV -Ex . , - 15-4.

INDEX 15-14 GUJARAT GOVERNMENT GAZETTE, Ex. , 10-6-2008 [PART- IV

There are also provisions to provide adequate mechanism to pay compensation to the farmers in the event of supply of inferior quality of cotton seed to bring regulatory mechanism for regulation of trade of transgenic genetically modified verities by way of compulsory DNA finger printing tests or genetic purity test. Provision is also made for mandatory registration of firms which are engaged in the trade of cotton seeds in the State.

Other provisions are for punishments in the event of violation of the provisions of the Ordinance .

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

NAWAL KISHORE SHARMA, Governor of Gujarat.

Gandhinagar, Dated the 10th June, 2008.

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

P.N. ROY CHAUDHARY, Principal Secretary to Government .

Government Central Press , Gandhinagar.

INDEX Sle

Extra No. 16

REGISTERED No. G/GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX TUESDAY, SEPTEMBER 30 , 2008/ASVINA 8, 1930

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

PART IV

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

The followingAct of the Gujarat Legislature , having been assented to by the Governor on the 29th September , 2008, is hereby published for general information .

H. D. VYAS,

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

ام

GUJARAT ACT NO . 15 OF 2008 .

(First published, after having received the assent of the Governor, in the "Gujarat GovernmentGazette, " on the 30th September, 2008) .

AN ACT

further to amend the Gujarat Maritime Board Act, 1981 .

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

1. (1) This Act may be called the Gujarat Maritime Board ( Amendment) Act, 2008 . Short title and commencement..

(2) It shall be deemed to have come into force on the 1st April , 2008.

Ex . , IV - 16-1

16-1

INDEX 16-2

PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 30-9-08

Guj .30 of1981 .

2. In the Gujarat Maritime Board Act, 1981 (hereinafter referred to as "the principal Act " ), in section' 2, after clause (y), the following clause shall be inserted, namely: - Amendment of section 2 of Guj . 30 of1981 .

" (y- a ) " State charges" means the charges levied under section 22A; ".

In the principal Act, in section 20 , after sub - section (2) , the following sub -section shall be inserted, namely: - 3.

Amendment of section 20 of Guj . 30 of 1981 .

٠٠و "(3) Notwithstanding anything contained in sub- section ( 1 ) , the State charges shall be levied by the State Government under section 22A . " .

4. In the principal Act, for the existing section 22A , the following section shall be substituted, namely: -

Substitution of section 22A of Guj .30 of1981.

"22A. ( 1 ) The State Government shall levy ,

Levy of State charges.

(i) charges for landing and shipping, licence fees , waterfront fees and lighterage charges at minor ports which are under administration , control and management of the Board; and

(ii) waterfront royalty as applicable at minor ports in the State of Gujarat,

at such rates as the State Government may, by notification in the Official Gazette , specify.

(2) The State charges referred to in sub - section ( 1 ) shall be collected, in the manner as may be prescribed , by the Board or by an officer as may be authorised by the Board or the State Government and all such moneys shall be credited to the Consolidated Fund of the State .

(3) The State Government shall pay to the Board under the appropriation duly made by law in this behalf the administration charges computed at the rate of fifteen percent. of the State charges levied by the State Government . " .

In the principal Act, in section 37, in sub - section ( 1 ) , after the words " specified hereunder" , the brackets and words " (except the State charges ) " shall be inserted.

Amendment of 5. section 37 of Guj . 30 of 1981 .

GOVERNMENT CENTRAL PRESS, GANDHINAGAR.

INDEX Extra No. 17

REGISTERED No. G/GNR/2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX] TUESDAY, SEPTEMBER 30, 2008/ASVINA 8, 1930 Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART IV

Acts ofGujarat Legislature and Ordinances promulgated and Regulations made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor on the 29th September , 2008 is hereby published for general information .

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

GUJARAT ACT NO. 16 OF 2008 .

(First. published, after having received the assent of the Governor, in the "Gujarat Government Gazette " on the 30th September , 2008 ) .

AN ACT

further to amend the Gujarat Homoeopathic Act, 1963 .

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

1. (1 ) This Act may be called the Gujarat Homoeopathic (Amendment) Act , 2008 .

Short title and commencement .

Ex- IV- 17

17-1

INDEX 17-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX. , 30-9-08

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

Guj . XXXVI of1963 .

2. In the Gujarat Homoeopathic Act, 1963 (hereinafter referred to as " the principal Act ") , in section 3 , in sub - section (2) , -

Amendment of section 3 of Guj . XXXVI of1963.

(1) for clauses ( a) and (b) , the following clauses shall be substituted , namely : -

"(a) five members shall be nominated by the State Government who are the registered practitioners ;

(b) six members shall be elected from the common electoral roll prepared for the purpose, of the registered practitioners and enlisted practitioners from amongst themselves ." .

(2) clause ( c) shall be deleted .

Amendment of section 17 of Guj . XXXVI of1963.

3. In the principal Act , in section 17, in sub- section (3 ) , for the words ' on payment of a fee of rupees twenty - five " , the words " on payment of such fees asmay be prescribed by the State Government , " shall be substituted.

GOVERNMENT CENTRAL PRESS, GANDHINAGAR

INDEX Extra No. 18

REGISTERED No. G/ GNR/ 2

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX] TUESDAY , SEPTEMBER 30, 2008/ASVINA 8, 1930

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

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 29th September , 2008 is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 17 OF 2008 .

(First published, after having received the assent of the Governor , in the "Gujarat Government Gazette " on the 30th September , 2008).

AN ACT

to establish and incorporate a University to be known as the Gujarat Forensic Sciences University in the State of Gujarat and for matters connected therewith or incidental thereto.

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

CHAPTER I

PRELIMINARY

1. (1 ) This Act may be called the Gujarat Forensic Sciences University Act, 2008 .

Short title and commencement.

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

IV -Ex . , 18-1

18-1

INDEX 18-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

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

(i) "Academic Council " means the Academic Council of the University constituted under section 16 ;

(ii) "Board " means the Board of Governors of the University constituted under section 12;

(iii) "Deans " means the Deans of the University appointed under section 23;

(iv) "Director of Research and Development " means the Director of Research and Development of the University appointed under section 20;

(v)

"Directors " means the Directors of the Institutes or the centres of the University appointed under section 22 ;

(vi) " Director General " means the Director General of the University appointed under section 8;

(vii) "Finance Committee " means the Finance Committee of the University constituted under section18 ;

"prescribed " means prescribed by the regulations ;

(viii)

(ix) "Registrar " means the Registrar of the University appointed under section 21;

(x) "Regulations " means the regulations of the University made under section 35;

(xi) "University " means the Gujarat Forensic Sciences University established and incorporated under section 3 .

CHAPTER

II

UNIVERSITY

3. (1 ) There shall be established a University by the name of the " Gujarat Forensic Sciences University".

Establishment and. incorporation of University. :

(2) The Director General , the Board, the Academic Council , the Directors , Director of Research and Development, the Deans , the Registrar and all other persons who may hereafter become such officers or members so long as they continue to hold such office or membership , are hereby constitute abody corporate by the name of the " Gujarat Forensic Sciences University" .

INDEX PART IV]

18-3 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(3) The University shall be a body corporate by the name as aforesaid , having perpetual succession and common seal with power, subject to the provisions of this Act , to acquire and hold property, to contract and shall , by the said name sue or be sued.

(4) In all suits and other legal proceedings by or against the University , the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to , and served on , the Registrar .

4. The headquarters of the University shall be at Gandhinagar, Gujarat. Headquarters ofUniversity.

Objects of University.

5. The University shall be deemed to be established and incorporated for the following objects , namely : -

(i) to develop the knowledge of science, technology , providing specially designed academic training programmes in various technologies related with forensic science and behavioural science and also advanced technologies of forensic science and behavioural science , which includes both theoretical input and practical training for forensic and other applications ; to generate expertise in advanced technologies required in investigation and handling of crime cases ;

(ii) to create centres and institutions of excellence for imparting State of- the-art education training and research in the fields of forensic science, behavioural science , technology and management;

(iii) to create capabilities for development of knowledge , skills and competencies at various levels in the field of forensic science ;

(iv) to create capabilities for upgrading the infrastructure of global standards for education, training and research in the areas related to forensic science , technology, criminology and applied behavioural science;

(v) to develop patterns of teaching and training at various levels of educational accomplishment so as to set high standards of education in

INDEX 18-4

GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

[PART IV

science, technology and management in relation to forensic technologies of various specialties like DNA , Fingerprint , brain fingerprinting, document and photography, ballistics , cyber crime , Narco analysis test, etc.

(vi) to function as a leading resource centre for knowledge and development in the areas of forensic science , behavioural science related to civil and criminal laws ;:

(vii) to provide inter-relationship for national and global participation in the fields of forensic science, behavioural science and technology in relation to the domain of investigation and detection of crime and furthering the cause of criminal justice system;

(viii) to establish close linkages with various forensic science laboratories or institutes and law enforcement authorities to make teaching , training and research relevant in forensic science ;

(ix) such other objects , not inconsistent with the provisions of this Act which the State Government may, on application by the University, by notification in the Official Gazette, specify in this behalf.

University open to all irrespective ofsex, religion , class , creed or opinion.

6. (1) No person shall be excluded from any office of the University or from membership of any of its authorities , bodies or committees , or from admission to any degree, diploma or other academic distinction or course of study on the sole ground of sex , race , creed, caste , class , place of birth , religious belief or political or other opinion.

(2) It shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, creed, caste, class , place of birth, religious belief or profession of political or other opinion in order to entitle him to be admitted as a teacher or a student or to hold any office or post in the University or to qualify for any degree , diploma or other academic distinction or to enjoy or exercise any privilege of the University or any benefaction thereof.

Powers and functions of University .

7. Subject to the provisions of this Act, the University shall exercise the following powers and perform the following functions , namely: -

INDEX PART IV]

18-5

GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

(i) to administer and manage the University and to establish such institutes and centres for research , education and instructions as are necessary for the furtherance of the objects of the University ;

(ii) to provide for instructions , training and research in such branches of knowledge or learning pertaining to forensic science, behavioural science , technology and management in relation to civil and criminal laws , allied areas , prevention of crimes and rehabilitation of the victims;

(iii) to conduct innovative experiments in new methods and technologies in the field of science, technology and management in relation to the domains of investigation , prevention and detection of crimes and furthering the cause of criminal justice systems in order to achieve international standards of such education, training and research ;

(iv) to prescribe courses and curricula and provide for flexibility in the education systems and delivery methodologies including electronic and distance learning;

(v) to hold examinations and confer degrees , diplomas or grant certificates and other academic distinctions or titles on persons subject to such conditions as the University may determine , and to withdraw or cancel any such degrees , diplomas , certificates , or other academic distinctions or titles in the manner as may be prescribed ;

(vi) to confer honorary degrees or other distinctions in the manner as may be prescribed;

(vii) to establish such special centres , specialized study centres or other units for research and development as are , in the opinion of the University, necessary for the furtherance of its objects;

(viii) to provide for printing , reproduction and publication of research and other work and to organize exhibitions , workshops , seminars , conferences , etc .;

(ix) to sponsor and undertake research in all aspects of forensic science , behavioural science, technology and allied areas in relation to

INDEX 18-6

[PART IV GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

investigation, detection and prevention of crimes and rehabilitating the victims of crimes ;

(x) to collaborate or associate with any educational institution with like or similar objects;

(xi) to develop and maintain linkages with educational or other institutions in any part of the world having objects wholly or partially similar to those of the University, through exchange of teachers , students and scholars and generally in such manner as may be conducive to their common objects ;

(xii) to develop and maintain relationships with teachers , researchers and experts in the domains of investigation and detection of crimes and furthering the cause of criminal justice system for achieving the objects of the University ;

(xiii) to regulate the expenditure, manage the finance and to maintain accounts of the University ;

(xiv) to receive grants , subventions , subscriptions , donations and gifts for the purposes of the. University and consistent with the objects for which the University is established and to enter into any agreement with the Central Government , the State Government , the University Grants Commission or other authorities or bodies for receiving any grants;

(xv) to receive funds from the industries or from any other sources as gifts , donations , benefactions or bequests and by transfers of movable and immovable properties for the purposes and objects of the University;

(xvi) to establish , maintain and manage halls and hostels for the residence of students and accommodation for faculties , officers and employees of the University and the guest houses ;

(xvii) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health and general welfare and cultural activities ;

(xviii) to fix , demand and receive or recover fees and such other charges as may be prescribed ;

INDEX PART IV]

18-7 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(xix) to institute and award fellowships , scholarships , prizes , medals and other awards;

(xx) to purchase or to take on lease any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and proper and to construct , alter and maintain any such buildings or works ;

(xxi ) to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable , on such terms as it may think fit , consistent with the interest, activities and objects of the University after taking prior permission of the State Government ;

(xxii) to draw and accept , to make and endorse, to discount and negotiate Government promissory notes and other promissory notes , bills of exchange , cheques or other negotiable instruments ;

(xxiii) to raise and borrow moneys on bonds, mortgages , promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University , all expenses incidental to the raising of moneys , to repay and redeem any money borrowed after taking prior permission of the State Government ;

(xxiv) to invest the funds of the University in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of University;

(xxv) to execute conveyances regarding transfers , mortgages , leases , licenses , agreements and other conveyance in respect of the property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University after taking prior permission of the State Government ;

(xxvi) to admit the students for the courses offered by the University in the prescribed manner ;

INDEX 18-8

[PART IV GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(xxvii) to create academic , technical , administrative , ministerial and other posts and to make appointments thereto ;

(xxviii) to regulate and enforce discipline among the employees of the University and to provide for such disciplinary measures as may be prescribed;

(xxix) to institute professorships , associate professorships , assistant professorships , readerships , lectureships , endowed professorship , honorary professorships , adjunct professorships , emeritus professors and any other teaching , academic or research posts and to prescribe qualifications for them;

(xxx) to appoint persons as Directors , Director of Research and Development , Deans , Professors , Associate Professors , Assistant Professors , Readers , Lecturers , Adjunct Professors , Registrar , or otherwise as teachers and researchers of the University ;

(xxxi) subject to the provisions of this Act and the regulations , any officer or authority of the University may , by order, delegate his or its powers (except the power to make regulations) to any other officer or authority under his or its control and subject to the condition that the ultimate responsibility for the exercise of the power so delegated shall continue to rest in the officer or authority delegating them; 1

(xxxii) to do all such other acts and things as the University may consider necessary , conducive or incidental to the attainment or enlargement of all or any of the objects of the University.

Director General .

( 1 ) The Director General of the University shall be appointed by the State Government . 8.

(2) The person to be appointed as the Director General shall , -

(i) be a renowned Forensic Scientist ,

(ii) be associated with Gujarat and worked in the State in terms of development , education , philanthropy , industrial or business development or exemplary administration in the State Services , Corporations or public bodies ,

INDEX 18-9 PART IV]

GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

(iii) not have attained the age of sixty - five years on the date of nomination or re - nomination .

(3) The Director General shall hold office for a period of three years and shall be eligible for re - appointment for a further period of three years .

(4) The other terms and conditions of the Director General shall be such as may be determined by the State Government .

(5) The Director General may resign from his office by writing under his hand addressed to the State Government and such a resignation shall take effect from the date of acceptance by the State Government .

Powers and Director duties of General.

9. (1 ) The Director General shall have, subject to the provisions of this Act , power to cause an inspection or review to be made by such person or persons as he may direct , of the University , its buildings , hostels , libraries , equipments and systems and processes and of any institution or centre maintained by the University , and also of the examinations , teaching , research and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration, academic affairs and finance of the University.

(2) Without prejudice to the generality of the foregoing provisions , the Director General shall.-

(i) be the chief executive and academic officer of the University . He shall preside over the meetings of the Board , Academic Council and the Finance Committee;

(ii) ensure implementation of the decisions of the authorities of the University;

(iii ) be responsible for imparting of instructions and maintenance of discipline in the University ; and

(

(iv) exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the Board or by the State Government.

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GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

[PART IV

(3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediately dealt with by the authority or body of the University empowered under this Act to deal with it, the Director General may take such action as he may deem fit and shall forthwith report the action so taken by him to the authority or body of the University who or which , in the ordinary course , would have dealt with the matter :

Provided that if such authority or other body is of the opinion that such action ought not to have been taken by the Director General , it may refer the matter to the Board which may either confirm the action taken by the Director General or annul the same or modify it in such manner as it thinks fit, and thereupon the action shall cease to have effects or , as the case may be , shall take effect in such modified form so however such modification or annulment shall be without prejudice to the validity of anything previously done by or under the order of the Director General .

(4) Where the exercise of the power by the Director General under sub- section (3 ) involves the appointment of any person , such appointment shall be confirmed by the competent authority empowered to approve such appointment in accordance with the provisions of this Act and the regulations , not later than six months from the date of order of the Director General , otherwise such appointment shall cease to have effect on the expiration of a period of six months from the date of order of the Director General .

CHAPTER III

AUTHORITIES AND OFFICERS OF UNIVERSITY

10 . The following shall be the authorities of the University , namely:-

(i) the Board of Governors ;

Authorities of University.

(ii) the Academic Council ;

(iii) the Finance Committee; and

(iv) such other authorities as may be declared by regulations to be the authorities of the University.

INDEX PART IV]

18-11 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

11. The following shall be the officers of the University , namely: -

Officers of University.

(i) The Director General ,

(ii) The Director of Research and Development ,

(iii) The Directors ,

(iv) The Deans ,

(v) The Registrar, and

(vi) such other persons in the service of the University as may be declared by regulations , to be the officers of the University.

12.

Board of Governors .

( 1) The Board of Governors of the University shall consist of the following members , namely; -

(i) the Director General , who shall be the Chairman of the Board ;

(ii) the Director of Research and Development;

(iii) one Director of the University , by rotation , to be nominated by the Director General ;

(iv) one Police Officer, not below the rank of Additional Director General of Police , to be nominated by the State Government ;

(v) the Registrar General of the High Court of Gujarat ;

(vi) an officer of the Home Department, not below the rank of the Secretary to Government, to be nominated by the State Government;

(vii) an officer of the Education Department, not below the rank of the Secretary to Government, to be nominated by the State Government;

(viii ) three academicians or professionals in the field of forensic science , to be nominated by the State Government .

(2) The Registrar shall be the Secretary of the Board.

13 .

Powers of Chairman ofBoard.

(1) The Chairman shall preside at the meetings of the Board and at the convocation of the University.

(2) The Chairman shall exercise such other powers and perform such other functions as may be assigned to himi by or under this Act or the regulations .

INDEX [PART IV 18-12

GUJARAT GOVERNMENT GAZETTE, EX ,. 30-9-2008

14. (1)

Powers and functions of Board.

Subject to the provisions of this Act , the Board shall be responsible for the general superintendence , direction and the control of affairs of the University and shall exercise all the powers of the University , and shall have the power to review the acts of the Academic Council and the Finance Committee and other committees or authorities of the University .

(2) Without prejudice to the provisions of sub - section ( 1 ) , the Board shall have the following powers and functions , namely : -

(i) to take decisions on question of policy relating to the administration and working of the University ;

to institute courses of study at the University ;

(ii)

(iii) to make regulations ;

( iv) to consider and approve the annual report and the annual budget of the University for every financial year;

(v) to invest moneys and funds of the University and to take decision on the recommendations of the Finance Committee;

(vi) to publish or finance the publication of studies , treaties , books , periodicals , reports and other literature from time to time and to sell or arrange for the sale as it may deem fit ;

(vii) to create or abolish posts of teachers and officers and employees of the university;

(viii) to appoint such committees as it considers necessary for the exercise of its powers and performance of its duties under this Act ;

to appoint Directors of the University;

(ix)

(x) to delegate any of its power to the Directors , Deans , Registrar or any other officer, employee or any authority of the University or to a committee appointed by it; and

(xi) to exercise such other powers and perform such other functions as may. be conferred or imposed upon it by or under this Act or the regulations , and. such other powers for achieving the objects of the University .

INDEX PART IV ]

18-13 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008 .

15. (1) Save as otherwise provided in this section, the term of a nominated member of the Board under clauses ( iii) and ( viii) of sub - section (1 ) of section 12 shall be three years from the date of his nomination.

Term of office and vacancies among members of Board.

(2) Amember shall be eligible for re - nomination for the next term .

(3) A member nominated under clause ( viii) of sub - section ( 1 ) of section 12 may resign from his office by writing under his hand addressed to the Chairman and his resignation shall take effect from the date it is accepted by the Chairman .

Academic Council .

16. (1) The Academic Council of the University shall consist of the following members , namely : -

(i) The Director General , who shall be the Chairman of the Academic Council;

(ii) Two academicians or professionals , to be nominated by the Board;

(iii) Two academicians or professionals in the field of forensic science , to be nominated by the Board;

(iv) The Director of Research and Development ;

(v) The Directors of the University;

(vi ) One professor from each discipline of the University, by rotation, to be nominated by the Director General .

(2) The Registrar shall be the Secretary of the Council .

(3) The term of office of the members nominated under clauses ( ii) , ( iii ) and (vi ) of sub - section ( 1 ) shall be three years .

Powers and Academic functions of Council .

17. Subject to the provisions of this Act and the regulations , the Academic Council of the University shall exercise the following powers and perform following functions , namely : -

(i) to exercise control over the academic policies of the University and be responsible for the maintenance and improvement of standards of instruction, education and evaluation in the University;

INDEX 18-14

[PART IV GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

(ii) to consider matters of general academic interest either on its own initiative or on a reference from the faculty of the University or the Board and to take appropriate action thereon;

(iii) to recommend to the Board , such regulations as are consistent with this Act regarding the academic functioning of the University including discipline of students ; and

(iv) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by the regulations .

Finance Committee

18. ( 1 ) The Finance Committee shall consist of the following members , namely:-

(i) The Director General , who shall be the Chairman of the Committee;

(ii) The Director of Research and Development ;

(iii) Two members of the Board (one of them shall be a Government nominee on the Board) to be nominated by the Board.

(iv) The Directors of the University;

( v) one expert in the field of finance, to be nominated by the Board;

(vi) one professor , by rotation , to be nominated by the Board .

(2) The Registrar shall be the Secretary of the Committee .

(3) The term of office of the members nominated under clauses ( v ) and (vi) shall be three years .

Powers and functions of Finance Committee.

19. Subject to the other provisions of this Act, the Finance Committee shall exercise the following powers and perform the following functions , namely: -

(i) to examine the annual accounts and annual budget estimates of the University and to advise the Board thereon;

(ii) to review from time to time the financial position of the University ;

(iii) to make recommendations to the Board on all financial policy matters of the University ;

INDEX PART IV]

18-15 GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008 .

(iv) to make recommendations to the Board on all proposals involving raising of funds, receipts and expenditure ;

(v) to provide guidelines for investment of surplus funds ;

(vi) to make recommendations to the Board on all proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;

(vii) to examine all proposals relating to the revision of pay -scales , upgradation of the scales and those items which are not included in the budget prior to placing before the Board ; and

(viii) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations .

20. (1) The Director of Research and Development shall be appointed by the Director General with the approval of the Board.

Director of Research and Development

(2) He shall be a renowned researcher having out- standing published research work in reputed National or International Journals and under whom at least ten candidates should have obtained the doctorate degree .

(3) The qualifications and other terms and conditions of the Director of Research and Development shall be such as may be prescribed by the regulations .

(4) He shall assist the Director General in managing the research and development related academic , administrative and other affairs of the institute .

(5) He shall exercise such other powers and perform such other functions as may be prescribed or entrusted to him by the Director General .

Registrar .

21. (1) The Registrar shall be appointed by the University in such manner and on such terms and conditions as may be prescribed .

(2) The Registrar shall exercise the following powers and perform following duties, namely: -

INDEX 18-16

[PART IV GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

(i) he shall be responsible for the custody of records , common seal , the funds of the University and such other property of the University;

(ii) he shall place before the Board and other authorities of the University , all such information and documents as may be necessary for transaction of its business ;

(iii) he shall be responsible to the Director General for the proper discharge ofhis functions ;

(iv) he shall be responsible for the administration of the University and conduct the examinations and make all other arrangements necessary thereof and be responsible for the execution of all processes connected therewith;

(v) he shall attest and execute all documents on behalf of the University ;

t (vi) he shall verify and sign the pleadings in all suits and other legal proceedings by or against the University and all processes in such suits and proceedings shall be issued to and served on the Registrar; and

(vii) he shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act, the regulations or as may be delegated to him by the Board or the Director General .

Directors . 22 . (1) The Directors of the institutes shall be appointed by the Director General with the approval of the Board in such manner and on such terms and conditions as may be prescribed.

(2) The Directors shall assist the Director General in managing the academic , administrative and other affairs of the institutes and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General .

Deans . 23. ( 1) The Deans shall be appointed by the Director General from amongst the faculties of the University .

INDEX PART IV]

18-17 GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

(2) The Deans shall assist the Director General and respective Directors of. the institutes or centres in managing the academic and other affairs of the University and shall exercise such powers and perform such functions as may be prescribed or entrusted to them by the Director General and the Director.

CHAPTER IV

FINANCE

Permanent Endowment Fund of University.

24. The State Government shall place funds at the disposal of the University to be called the Permanent Endowment Fund of sum of five crores of rupees or such sum , required for meeting the full operational expenditure of the University , whichever is more, for a period of five years in the form of long term interest bearing securities issued or guaranteed by the Central Government or the State Government .

State Government toUniversity. Payment by -25. The Government shall pay to the University from time to time such sums of money and in such manner as may be considered necessary for the exercise of powers and discharge of its functions by the University by or under this Act.

Fund of University.

26. (1) The University shall establish a fund to be called the 'University Fund' consisting of-

(i) any contribution or grants or loans by the State Government and the Central Government ;

(ii) the income of the University from all sources including income from fees and charges ;

(iii) the moneys received by the University by way of grants , loans , gifts , donations , benefactions , bequests or transfer endowments and other grants, if any;

(iv) the moneys received by the University from the collaborating industries in terms of the provisions of the Memorandum of Understanding entered between the University and the industry , for establishment of sponsored chairs , fellowships or infrastructure facilities of the University ; and

INDEX 18-18

GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

[PART IV

( v) the moneys received by the University in any other manner or from any other source .

(2) All funds of the University shall be deposited in such banks or invested in such manner as the Board may decide on the recommendation of the Finance Committee .

(3) The funds of the University shall be applied towards the expenses of the University including expenses incurred in the exercise of its powers and discharge of its functions by or under this Act .

Accounts and audit.

27. (1) The University shall maintain proper accounts and other relevant records and prepare an Annual Statement of Accounts , including the income and expenditure account and the balance sheet, in such form and in such manner as may be prescribed.

(2) The University shall adopt a proper system of internal checks and balances and control in the discharge of its financial , accounting and auditing functions as may be prescribed by the Regulations .

38 of 1949.

(3) The accounts of the University shall be audited every year by an auditor , who shall be a Chartered Accountant as defined in the Chartered Accountants Act, 1949 or a firm of Chartered Accountants , to be appointed by the Board.

(4) The accounts of the University certified by the person or firm so appointed or any other persons authorized in this behalf together with the audit report thereon shall be placed before the Board and the Board may issue such instructions to the University in respect thereof as it deems fit and the University shall comply with such instructions .

(5) The accounts of the University shall be audited by an internal auditor who shall be a Chartered Accountant or a firm of Chartered Accountants appointed by the Board to ensure concurrent audit of all books of accounts and such periodic internal audit reports shall be placed before the Board for review .

INDEX PART IV]

18-19 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(6) The University shall prepare for each year an annual report of its activities of the previous year containing such particulars as the Board may specify and submit the same in the form of Annual Report to the Board on or before such date as may be prescribed , for review and approval .

(7) The copy of the annual report and annual audit report along with the resolution of the Board thereon shall be submitted to the State Government.

insurance and Provident Fund. Pension , 28. (1) The University shall , with the approval of the Board , constitute for the benefit of its officers , teachers and other employees in such manner and subject to such conditions as may be prescribed , such schemes of pension, provident fund and insurance as it may deem fit and also aid in establishment and support of the associations , institutions , funds, trust and conveyance calculated to the benefit of the officers , teachers , employees of the University.

19 of 1925 .

(2) Where any such provident fund has been constituted, the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government Provident Fund .

ナ

CHAPTER IV

SUPPLEMENTARY PROVISIONS

Acts and proceedings not to be invalidated by vacancies.

29. No act or proceeding of the Board or any authority of the University or any committee constituted under this Act or by regulations shall be invalided on the ground merely of the existence of any vacancy in or defect of, in the constitution of such Board, authority or committee of the University.

Conferment of diplomas and certificates by University. degrees, grant of 30. Not withstanding anything contained in any other State law for the time being in force , the University shall have powers to confer degrees , diplomas and grant certificates and confer honorary degrees and other academic distinctions and titles as approved by the Board.

information . Returns and

(

31. The University shall furnish to the State Government , University. Grants Commission and other statutory authorities , such reports , returns , statements and other information as may be required by them from time to time.

INDEX 18-20

GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

[PART IV

45 of1860.

Officers and employees to bepublic servant.

32. Every officer , teacher and employee of the University shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Explanation. For the purpose if this section, any person , who is appointed by the University for a specified period or a specified work of the University or who received any remuneration by way of allowances or fees for any work done from the University fund, shall be deemed to be an officer or employee of the University while he is performing the duties and functions connected with such appointment or work .

Dismissal, removal, reduction or termination of services of staff ofUniversity.

33. (1) No officers or employees or members of the teaching , non- teaching and other academic staff of the University shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges .

(2) An appeal against an order of dismissal , removal or reduction in rank under sub - section ( 1 ) or of termination of service shall be made to the Director General within ninety days from the date of communication of such order and the decision of the Director General in such appeal shall be final .

34.

Power ofState Government togive directions .

The State Government shall have powers to issue directions from time to time as may be required for compliance of the provisions of this Act , the regulation made thereunder and any other law for the time being in force and the University shall be bound to comply with such direction .

Power to make regulations.

35. (1) Subject to the provisions of this Act, the Board shall have in addition to all other powers vested in it, the power to make regulations to provide for the administration and management of the affairs of the University.

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

INDEX PART IV]

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GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(i) the summoning and holding of meetings of the authorities of the University , other than the first meeting of the Board and the quorum and conduct of business at such meeting;

(ii) the powers and functions to be exercised and discharged by the Director General ;

(iii) the constitution, powers and duties of the authorities , bodies and other committees of the University , the qualifications and disqualifications for membership of such authorities , terms of office of the membership , appointment and removal of member thereof and other matters connected therewith;

(iv) the procedure to be followed by the Board and any committee or other body constituted by or under this Act or by the regulation in the conduct of the business , exercise of the powers and discharge of the functions;

(v) the procedure and criteria to be followed in establishing courses of study and admission of students;

(vi) the procedure to be followed for enforcing discipline in the University ;

(vii) the management of the properties of the University;

(viii ) the degrees , diplomas , certificates , and other academic distinctions and titles which may be conferred or granted by the University and withdrawal or cancellation of any such degree , diplomas , certificates and other academic distinctions and titles and the requirements thereof;

(ix) the conduct of examinations including the term of office and appointment of examiners ;

(x) the creation of posts of Directors , Professors , Associate Professors , Assistant Professors , Readers , Lectures or equivalent academic designations or posts , officers and employees of the University , and the appointment of persons to such posts including the requisite qualifications thereof;

(xi) the fees and other charges to be paid to the University for the courses , training, facilities and services provided by it ;

(xii) the manner and conditions for constitution of insurance , pension and provident funds and such other schemes for the benefits of officers , teachers and employees of the University;

INDEX 18-22

[PART IV GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

(xiii) the terms and conditions for association of the University with other institutions;

(xiv) the preparation of budget estimates and maintenance of accounts;

(xv) the mode of execution of contracts or agreements by or on behalf of the University;

(xvi ) the classification and procedure for appointment of officers , employees and other staff of the University;

(xvii) the terms and conditions and tenure of appointment , salaries and allowances , contractual services , rules of discipline and other conditions of service of the Director of Research and Development , Director , other officers , teachers and employees of the University ;

(xviii) the terms and conditions governing deputation of teachers , officers and employees of the University ;

(xix) the powers and duties of the Director of Research and Development , Directors and other officers , teachers and employees of the University;

(xx) the terms and conditions governing fellowships , scholarships , stipends , medals and prizes ;

(xxi ) the authentication of the orders and the decisions of the Board ;

(xxii) the matters relating to hostels and halls of residence and housing for faculties , officers and employees and guest house including disciplinary control therein; and

(xxiii) all matters which by this Act are to be or may be prescribed.

Appointment ofFirst Registrar.

36. Notwithstanding anything contained in section 20 , the first Registrar shall be appointed by the State Government as soon as practicable after the commencement of the Act for a period not exceeding three years and on such conditions as the State Government thinks fit .

Transitory provisions.

37. Notwithstanding anything contained in this Act, the Director General may, with the prior approval of the Board and subject to availability of the funds , discharge all or any of the functions of the University for the purpose of carrying

INDEX PART IV]

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GUJARAT GOVERNMENT GAZETTE, EX ,. 30-9-2008

out the provisions of this Act and the regulations and for that purpose, may exercise any power or perform any duty which by or under this Act and regulations are to be exercised or performed by any authority of the University until such authority comes into existence in accordance with the provisions of this Act and the Regulations .

Indemnity .

38. No suit , prosecution or other legal proceedings shall lie against and no damage shall be claimed from the University , the Director General, the Directors , the authorities or officers or employees of the University or any other person in respect of anything which is done in good faith or purporting to be done in pursuance of this Act or any regulations made thereunder.

Power of State Government to remove difficulties .

39. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may , by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act , as may appear to be necessary for removing difficulties :

Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.

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

Government Central Press, Gandhinagar.

INDEX Extra No. 19

REGISTERED No. G/GNR/2

सत्यमेवजयते

The Gujarat Government Gazette EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX] TUESDAY , SEPTEMBER 30 , 2008/ASVINA 8 , 1930 Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 30th September, 2008, is hereby published for general information.

H. D. VYAS,

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

GUJARAT ACT NO . 18 OF 2008 .

(First published, after having received the assent of the Governor , in the "Gujarat Government Gazette " on the 30th September, 2008 ) .

AN ACT

to provide for the constitution of the Metropolitan Planning Committee in every Metropolitan area for preparation of the draft development plan for the Metropolitan area.

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

1. (1) This Act may be called the Gujarat Metropolitan Planning Short title and Committees Act, 2008 . commencement .

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

19-1

IV -Ex. , 19-1

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GUJARAT GOVERNMENT GAZETTE, EX . , 30-9-2008

[PART IV

Definitions .

Inthis Act, unless the context otherwise requires , -

(a) "Chief Executive Authority " means officer appointed by the Government in respective Urban Development Authority;

(b) "Collector" means the Collector of the District in the Metropolitan area;

(d) "district" means a district of Gujarat;

(e) "District Development Officer " means the officer appointed as such by the Government under the Gujarat Panchayats Act , 1993 ; Guj . 18 of 1993.

(f) "District Panchayat " means a District Panchayat defined in clause (7) of section 2 of Gujarat Panchayats Act , 1993 ;

Guj . 18 of 1993.

(g) "panchayat" means a village panchayat as defined in clause ( 30) of section 2 of the Gujarat Panchayats Act, 1993 ;

Guj . 18 of 1993.

(h) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

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

(j ) "Metropolitan area " means an area having a population of ten lakhs or more , comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas , specified by the Government by public notification to be a Metropolitan area for the purposes of this Act;

(k) "Municipality" means an institution of self- Government as defined in clause (14) of section 2 of the Gujarat Municipalities Act, 1963 ; Guj . 34 of 1964.

(1) "notification" means notification published in the Official Gazette;

President Act No. 27 of 1976.

(m) "Urban Development Authority" means an urban development authority constituted under sub - section ( 1 ) of section 22 of the Gujarat Town Planning and Urban Development Act, 1976 for Ahmedabad , Surat , Vadodara and Rajkot .

INDEX PART IV]

19-3 GUJARAT GOVERNMENT GAZETTE , EX. , 30-9-2008

Constitution of Metropolitan Committee..

3. (1) The State Government shall , by notification in the Official Gazette. constitute a Metropolitan Planning Committee in every Metropolitan area consisting of such number of persons not less than thirty and not more than forty. Planning five as it may determine .

(2) The Metropolitan Planning Committee shall consist of following members, namely : -

(i) The Chairperson of the committee shall be the Minister nominated by the Government;

(ii) the President of the District Panchayat having largest population in the Metropolitan area if there are more than one district, within the Metropolitan area, shall be a member ;

(iii) the Chairman of the concerned Urban Development Authority in Metropolitan area, ex- officio ;

theMayor ofMunicipal Corporation shall be member ; (iv)

(v) theMunicipal Commissioner, ex - officio ;

(vi) the District Collector , ex - officio ;

(vii) the District Development Officer of the District Panchayat having largest population in the Metropolitan area if there are more than one district, within the Metropolitan area , ex- officio ;

(viii) the Chief Executive Authority of concerned Urban Development Authority shall be Member- Secretary of the Committee and his office will be the Secretariat of the Committee;

(ix) a person or persons , as determined by the State Government having special knowledge in the fields of economics , planning , finance , engineering or administration, may be appointed as member or members ;

(x) Such number of members as determined by the State Government, to be elected by and from amongst the elected members of Municipalities and Chairpersons of Panchayats falling in the Metropolitan area :

Provided that not less than two - thirds of the total number of the members of the Committee shall be elected by and from amongst the elected members of the Municipalities and Chairpersons of the Panchayats in proportion to the ratio between the population of the Municipalities and of the Panchayats in the Metropolitan area.

INDEX 19-4

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 30-9-2008

(3) (i) The members of the House of the People and the members of the Gujarat Legislative Assembly elected from any constituency in the Metropolitan area or a part thereof shall be permanent invitees to the Metropolitan Planning Committee;

(ii) Such officer or officers of the State Government or of any statutory Board, Corporation or Authority having knowledge in the field of economics , planning, engineering, finance or administration, as decided by the State Government , shall be the permanent invitees to the Metropolitan Planning Committee.

Election . 4 . (1 ) The Municipal Commissioner shall co - ordinate and supervise all works in connection with the election of members to the Committee in the manner as may be prescribed.

(2) The Municipal Commissioner shall appoint a Returning Officer and as many Assistant Returning Officer as may be necessary for conducting the election ofmembers to the Committee .

(3) The powers and functions of the Returning Officer and the Assistant Returning Officers shall be such as may be prescribed.

(4) Where any dispute arises regarding any election held under this Act , any person entitled to vote at such election may, within thirty days after the date of the declaration of the results of such election , file an appeal before the Election Commissioner of the State having jurisdiction, and the decision of the Election Commissioner shall be final and shall not be called in question in any court.

5. (1) The term of office of the members of the Committee other than officio, shall be five years . ex- Term of office and other conditions of members of Committee .

(2) A member of a Committee, who is a Chairperson of a Panchayat , or a member of a Municipality , the House of the People , the Legislative Assembly of the State shall cease to be a member of the Committee if he ceases to be a Chairperson of respective Panchayat, or a member of the respective Municipality, the House of the People or the Legislative Assembly of the State .

(3) The other terms and conditions of the members of the Committee shall be such as may be prescribed .

INDEX PART IV]

19-5 GUJARAT GOVERNMENT GAZETTE , EX . , 30-9-2008

Resignation .

6. A member of a Committee may, at any time , resign his office by writing to the Chairperson and , on such resignation being accepted, the member shall be deemed to have vacated his office .

7 . Any vacancy occurring by reason of death , resignation or otherwise of an elected member of a Committee shall be filled by election of another member in the manner as may be prescribed.

Filling of casual vacancy in place of an elected member of Committee.

Grant to Committee.

8. The State Government shall provide to the Committee such sum as it may think fit for the purpose of carrying out the functions by the Committee under this Act.

Procedure, records to be regulated by Committee.

Provided that the Chairperson , when required by a notice in writing by at least one - third of the members of the Committee shall call a meeting within one month from the date of receipt of the notice .

(2) Minimum of ten members , shall form a quorum for a meeting of the Committee :

Provided that no quorum shall be necessary for an adjourned meeting..

(3) The Secretary of the Committee shall maintain records and the proceedings of the meetings of the Committee and shall take such actions as the Committee may decide .

10. (1 ) Every Metropolitan Planning Committee shall prepare a draft development plan for the Metropolitan area as a whole .

Functions of Metropolitan Planning Committee .

(2) The Committee shall, in preparing the draft development plan under sub- section (1 ) , -

(a) have regard to -

(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area,

(ii) matters of common interest between the Municipalities and the Panchayats , including co - coordinated spatial planning of the area , sharing of water and other physical and natural resources , the integrated development of infrastructure and environmental conservation;

(iii) the overall objectives and priorities set by Government of India and the State Government;

INDEX 19-6

[PART IV GUJARAT GOVERNMENT GAZETTE, EX. , 30-9-2008

(iv) the extent and nature of investments likely to be made in Metropolitan area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise;

(b) consult such institutions and organizations as the State Government may , by order, specify.

(3) The Chairperson of a Metropolitan Planning Committee shall forward the draft development plan, as recommended by such Committee , to the State Government in the manner as may be prescribed.

(4) The Chairperson of a Committee shall have powers to invite any expert of any field if necessary as a special invitee .

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

Power of State Government to make rules .

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters , which under any provision of this Act, are required to be prescribed or to be provided for by rules.

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

Powerto remove difficulties .

12. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette , make such provisions not inconsistent with the provisions of this Act , as appears it to be necessary or expedient for removing the difficulty:

Provided that no order under sub - section ( 1 ) shall be made after the expiry of two years from the date of commencement of this Act .

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

Government Central Press, Gandhinagar .

INDEX Extra No. 20

REGISTERED No. G/GNR/ 2

सत्यमेवजयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol . XLIX] TUESDAY, SEPTEMBER 30 , 2008/ASVINA 8 , 1930 Separate paging is given to this Part in order that it may be filed as a Separate Compilation .

PART IV

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

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 30th September, 2008 , is hereby published for general information.

H. D. VYAS ,

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

GUJARAT ACT NO . 19 OF 2008 .

(First published , after having received the assent of the Governor, in the "Gujarat Government Gazette " on the 30th September , 2008).

AN ACT

further to amend the Bombay Land Revenue Code , 1879

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

1. This Act may be called the Bombay Land Revenue (Gujarat Amendment) Short title . Act, 2008 .

2. In the Bombay Land Revenue Code , 1879 , in section 65B , in sub - section (1), in clause (b) , in sub -clause (I) , in paragraph (b) , to item (vi) after the existing. proviso, the following proviso shall be added , namely : -

Amendment ofsection 65B ofBom . V of1879 .

"Provided further that the State Government may exempt, by notification in the Official Gazette , the use of land for such bonafide industrial purpose from the fulfilment of the condition mentioned at item (vi) above by an occupant or class of occupants as it may deem fit . " .

20-1

IV -Ex. , 20-1

Government Central Press , Gandhinagar.

INDEX Extra No. 21

REGISTERED No. G/GNR/2 Achtin

सत्यमेव जयते

The Gujarat Government Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Vol. XLIX] TUESDAY , SEPTEMBER 30 , 2008 /ASVINA 8 , 1930 Separate paging is given to this Part in order that it may be filed as a Separate Compilation.

PART IV

Acts ofGujarat Legislature and Ordinances promulgated and Regulations made by the Governor .

The following Act of the Gujarat Legislature , having been assented to by the Governor on the 30th September, 2008 is hereby published for general information .

H. D. VYAS,

Secretaryto the Government ofGujarat, Legislative and Parliamentary Affairs Department .

GUJARAT ACT NO . 20 OF 2008 .

(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette " on the 30th September, 2008) .

AN ACT

to regulate the supply , distribution, sale and fixation of sale price of cotton seeds and for the matters connected therewith and incidental thereto .

54 of 1966 .

WHEREAS cotton seeds of certain varieties are not notified under section 5 of the Seeds Act , 1966 and consequently no sale of such seeds are regulated under section 7 of the said Act ; 1

10 of 1955.

AND WHEREAS cotton seeds is not an. essential commodity within the meaning of the Essential Commodities Act, 1955 as amended by the Essential Commodities (Amendment) Act, 2006;

54 of2006 .

IV -Ex. , 21-1

21-1

INDEX 21-2

[PART IV GUJARAT GOVERNMENT GAZETTE , EX,. 30-9-2008

10 of1955.

AND WHEREAS the provisions of the Seeds (Control) Order, 1983 , issued under section 3 of the Essential Commodities Act, 1955 are not applicable in so far as they relate to the cotton seeds with effect from 12th February, 2007;

29 of1986 .

AND WHEREAS there is no provisions in the Environment (Protection) Act , 1986 to regulate the supply, distribution and sale of transgenic and genetically modified cotton seeds and to control the sale price of such cotton seeds in the State;

AND WHEREAS the traders in cotton seeds including transgenic cotton seeds are exploiting poor farmers by collecting exorbitant price;

AND WHEREAS there is no provision to regulate the supply, distribution, sale of cotton seeds and to control the sale price of such cotton seeds in the State;

AND WHEREAS it has become imperative on the part of the State Government to regulate the supply , distribution and sale of cotton seeds by fixing the sale price in the interests of the farmers in the State .

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

(1 ) This Act may be called the Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2008 . 1.

Short title and commen- cement .

(2) It shall be deemed to have come into force on 11th June , 2008.

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

(1) "Agronomic Performances " means distinguishable agronomic qualitative and quantitative characteristics of any cotton seeds variety considered for evaluation of performance as claimed by the producer on label ;

(2) "Controller" means the Cotton Seeds Controller appointed under section 3 ;

(3) " Cotton Seeds " means cotton seeds of any variety and includes transgenic and genetically modified cotton seeds varieties used for sowing;

(4) "Farmer" means any person who raises cotton crops either by cultivating the land by himself or through any other person but shall not include persons , companies , traders , dealers who are engaged in the commercial procurement and sale of seeds ;

(5) "Misbranded" the seeds shall be deemed to be misbranded, if-

(i) it is a substitute for , or resembles in a manner likely to deceive , another variety of seed under the name of which it is sold , and is not plainly and conspicuously labeled so as to indicate its true nature ; or

(ii) it is falsely stated to be the produce of any place or country ; or

(iii) it is sold by a name which belongs to another kind or variety of seeds ; or

(iv) false claims are made for it upon the label or otherwise ; or

(vi) the package containing it or the label on the package bears any statement, design or device regarding the quality of cotton seeds contained therein, which is false or misleading in any material particular or if the package is otherwise deceptive with respect of its contents ; or..

INDEX PART IV]

21-3 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(vii) it is not registered in the manner required by or under the provisions of thisAct; or

(viii ) its label does not contain a warning or caution, which may be necessary and sufficient, if complied with to prevent risk to human beings or animals ; or

(ix) the package containing it or the label on the package bears the name of a fictitious individual or company as the dealer of the kind or variety; or

(x) it is not labeled in accordance with the requirement of the provisions of this Act or the rules made thereunder;

(6) "prescribed " means prescribed by rules made under this Act ;

(7) "producer " means a person, group of persons , firm or company or organisation who grows or organises the production of cotton seeds;

(8) "Spurious Seeds " means the cotton seeds which is not genuine or true to its type;

(9) "State Seeds Testing Laboratory " means a laboratory established or declared as such by the State Government by a notification published in the Official Gazette;

(10) " sub- standard seeds " means cotton seeds which does not meet with the prescribed standards for the cotton seeds ;

(11) "Transgenic Variety " means seeds or planting material synthesised or developed by modifying or altering the genetic composition by means of genetic engineering ;

(12) "Variety" means a plant grouping except micro - organism within a single botanical taxon of the lowest known rank, which can be -

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping;

(ii) distinguished from any other plant grouping by expression of at least one ofthe said characteristics ;

(iii) considered as a unit with regard to its suitability for being propagated which remains unchanged after such propagation;

and includes propagating material of such variety , extant variety , transgenic variety, farmers ' variety and essentially derived variety;

54 of 1966.

10 of1955 .

29 of 1986.

( 13) The words and expressions used in this Act but not defined shall have the same meaning assigned to them in the Seeds Act , 1966, the Essential Commodities Act, 1955, Seeds (Control ) Order, 1983 issued there under and the Environment (Protection) Act , 1986 .

Appointment of Controller.

The State Government may , by notification published in the Official Gazette , appoint an officer to be the Cotton Seeds Controller for the State .

Powers of Controller.

4. (1) Subject to the control of the State Government , the Controller, if it appears to him to be necessary or expedient for regulating, maintaining or increasing the supply or distribution or sale of cotton seeds , may, by order in writing , -

INDEX 21-4

GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

[PART IV

(b) require any person engaged in the supply, distribution and sale of cotton seeds to comply with such directions as may be specified in the order as to the variety, quality or quantity of the cotton seeds to be sold or delivered by him from time to time .

(2) Any person to whom an order is issued under sub - section ( 1) shall comply with such order, notwithstanding anything inconsistent therewith contained in any contract or other instrument to which he is a party.

License for vendor.

5 . (1) Every person desirous to carry on the business of sale in cotton seeds shall apply to the Controller for grant of licence in such form as may be prescribed.

(2) Such application shall be accompanied by such fees and such other documents , as may be prescribed.

(3) The Controller shall , after making such enquiry as he deems fit, either grant the application or reject it .

(4) If the Controller grants the application, he shall issue a licence to carry on the business of sale in cotton seeds , subject to such terms and conditions and in such form as may be prescribed.

Functions of 6. Controller .

The Controller appointed under this Act shall perform the following functions , namely:-

(a) arrange for mandatory registration of cotton seeds firms which are engaged in the trade of cotton seeds duly indicating the production aspects and areas of operation etc;

(b) arrange for payment of compensation to the farmers ;

(c) advice the State Government on matters relating to regulation of sale of cotton seeds by way of compulsory DNA finger printing test or genetic purity test; and

(d) such other matters as assigned to him by the State Government .

7 . The State Government may in consultation with the Controller and by notification in the Official Gazette, -

State Seeds Testing Laboratory .

(α) establish one or more State Seeds Testing Laboratories or declare any seeds testing laboratory in the Government or non-Government sector as the State Seeds Testing Laboratory where analysis of cotton seeds shall be carried out in the prescribed manner;

(b) recognize one or more seeds testing laboratories as referral seeds testing laboratories for the purpose of referral analysis in the prescribed manner.

to farmers. Compensation 8. (1 ) The producer or distributor or vendor of cotton seeds or, as the case may be, whose address appears on the label shall disclose the expected performance of such seeds , under given conditions to the Controller and if such seeds fails to provide the expected performance under such given conditions , the State Government or farmer may claim compensation in such manner as may be prescribed. In respect of transgenic seeds all the conditions that are imposed by Genetic Engineering Approval Committee has to be complied. i

INDEX PART IV ]

21-5 GUJARAT GOVERNMENT GAZETTE, EX,. 30-9-2008

(3) The compensation payable under sub - sections ( 1) and (2) shall be assessed and fixedby the committee appointed for each agro-climatic zone separately, consisting of crop experts and representatives of the State Government, as may be notified by the State Government.

Seeds Inspector.

9. (1) The State Government' may, by notification published in the Official Gazette, appoint such person as it thinks fit to be Seeds Inspector and specify the areas within which he shall exercise his jurisdiction.

(2) The Seeds Inspector, if he has information that any person dealing in the trade of cotton seeds has contravened any of the conditions issued by the Controller , or suspecting the quality of the cotton seeds or any person is about to commit an offence in respect of cotton seeds , he may enter in any premises for the purpose of search , and draw samples and detain or seize the stock of cotton seeds and records and after receiving the reports of Seeds Analysts , shall take all further actions in accordance with the provisions of this Act .

Seeds Analyst .

10. The State Government may, by notification published in the Official Gazette, appoint such person as it thinks fit, to be the Seeds Analyst and specify the areas within which he shall exercise his jurisdiction.

Report of Seeds Analyst.

11. (1 ) The Seeds Analyst shall , as soon as may be after the receipt of the sample from the Seeds Inspector, analyse the sample at the State Seeds Testing Laboratory and furnish a report on the result of the analysis to the Seeds Inspector, within thirty days of receipt of the sample to the laboratory.

(2) The Seeds Inspector shall on the basis of the report of the Seeds Analyst under sub-section ( 1 ) , institute proceedings for the prosecution on the producer or , as the case may be , vendor of the said seeds .

(3) After institution of prosecution under this Act, the accused producer or vendor or, as the case may be , the complainant may on payment of the prescribed fees , make an application to the Court for sending any of the sample retained with Seeds Inspector or producer or vender as per discretion of Magistrate to any of the laboratory referred to in section 7 of this Act, for its report . The Court shall first ascertain the mark or seal or the fastening as may be prescribed or the intact. On receipt of the application, the Court may dispatch the sample under its own seal to any of the referral laboratory specified for the purpose, which shall thereupon send its report to the Court in the prescribed form specifying the result of the analysis within a period of thirty days from the date of receipt of the sample .

(4) The report sent by the referral laboratory under sub -section (3 ) shall supersede the report given by the Seeds Analyst under sub-section (1 ) .

(5) Whenthe report sent by the referral laboratory under sub-section (3 ) is produced in any proceedings , it shall not be necessary to produce any such sample or part thereof taken for analysis in any proceedings .

fix the price.

12. (1) The State Government may, after taking into consideration of the cost of Power to production, etc. including trait value and other related factors wherever necessary, obtained from various agencies concerned, fix maximum sale price from time to time, ofall types ofcotton seeds .

(2) Every such price shall be published in the Official Gazette and shall be effective from such date as may be specified therein.

INDEX 21-6

GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

[PART IV

Penalties . 13 . (1) If any person contravenes any of the provisions of this Act or the rules or the order issued to him by the Controller under this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend up to rupees five thousand or with both.

(2) If any person commits any act of misbranding, sale of spurious and substandard cotton seeds shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to rupees five thousand or with both .

Offences by companies .

14. ( 1 ) Where an offence under this Act or the rules thereunder has been committed by a company, every person who , at the time the offence was committed , was in -charge of, and was responsible to the company, for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

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

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

Explanation.- For the purpose of this section, -

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

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

Cognizance of offences .

15 . No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the Controller or any other authority authorized by him .

Appeal . 16. (1) Any person aggrieved by a decision of the Controller under section 4 or 5 may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed , prefer an appeal to the State Government :

(2) On receipt of an appeal under sub- section ( 1 ) the appellate authority shall , after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible .

ان

(3) Every order of the appellate authority under this section shall be final .

Forfeiture ofcotton seeds .

17. When any person has been convicted for the contravention of any of the provisions of this Act or the rules made thereunder , the cotton seeds in respect of which the contravention has been committed may be forfeited to the State Government .

INDEX PART IV ]

21-7 GUJARAT GOVERNMENT GAZETTE , EX ,. 30-9-2008

Exemption .

18. Nothing in this Act shall apply to any cotton seeds grown by a farmer and sold or delivered by him on his own premises directly to another farmer for being used by that farmer for the purpose of sowing .

19. The Controller and all other officers appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code .

Officers to bepublic servant .

45 of1860 .

Protection of action taken in good faith .

20. No suit, prosecution or other legal proceedings shall lie against the State Government or the Controller , the Seeds Inspector, the Seeds Analyst or an officer or employee ofthe State Government for anything which is done or intended to be done in pursuance of any of the provisions of this Act or rules made thereunder.

21. The State Government may give such directions to the Controller, the Seeds Inspector or the Seeds Analyst as may appearto it to be necessary for carrying out the provisions of this Act or of any rules made thereunder .

Power of State Govern- ment to give directions .

Power to makerules .

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

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

Powerto remove difficulty.

23. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act , as appears it to be necessary or expedient for removing the difficulty :

Provided that no order under sub - section (1) shall be made after the expiry of two years from the date of commencement of this Act .

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

Guj . Ord . No. 1 of 2008 .

24 . (1 ) The Gujarat Cotton Seeds (Regulation of Supply , Distribution, Sale and Fixation of Sale Price) Ordinance , 2008 is hereby repealed.

Repeal and savings.

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

Government Central Press , Gandhinagar .

INDEX