Section 16 in The Gujarat Value Added Tax Act, 2003
16. [ Commercial tax authorities and jurisdiction. [Notification No (GHN-25) VAT 2006/ Section 16 (1)(1) the dated 31-3-06.]
(1)For carrying out the purposes of this Act, the State Government shall appoint an officer to be called the Commissioner of Commercial Tax].(2)To assist the Commissioner in the execution of his functions under this Act, the State Government may appoint Special Commissioners, Additional Commissioners and such number of-(a)Joint Commissioners,(b)Deputy Commissioners,(c)Assistant Commissioners,(d)Commercial Tax officers, and(e)[ other officers and persons, and give them such designations, as the State Government thinks necessary.] [Notification No 'GHN-26) VAT 2006/ Section 16 (2)(1) the dated 31-3-06.](3)The Commissioner shall have jurisdiction over the whole of the State, the Special Commissioner and an Additional Commissioner shall have jurisdiction over the whole of the State or where the State Government so directs, over any local area thereof. All other officers shall have jurisdiction over the whole of the State or over such local areas as the State Government may specify.(4)The Commissioner shall have and exercise all the powers and perform all the duties, conferred or imposed on him by or under this Act, The Special Commissioner and an Additional Commissioner shall, save as otherwise directed by the State Government, have and exercise within his jurisdiction all the powers and perform all the duties, conferred or imposed on the Commissioner by or under this Act.(5)[ A Joint Commissioner shall have and exercise, in the area within his jurisdiction all the powers and shall perform all the duties conferred or imposed on the Commissioner by or under this Act. The Commissioner may, by order published in the Official Gazette, direct that any or all Joint Commissioner shall not exercise such powers or perform such duties as are specified in the order, and thereupon such Joint Commissioner or, as the case may be, all joint Commissioners, shall cease to exercise those powers and perform those duties. The Commissioner may in like manner revoke any such direction and thereupon the powers or duties exercisable or performable by such Joint Commissioner, or as the case may be, all Joint Commissioners before such direction was issued, shall be restored to him or them.] [Refer Order No.GVL/VAT Act (R) Section l6(5)(2) dated 1-4-2006 & GVL/VAT Act/Section 16(5) (1) dated 1-4-06](6)[ The Deputy Commissioners, Assistant Commissioners, Commercial Tax Officers and other officers shall within their jurisdiction exercise such of the powers and perform such of the duties of the Commissioner under this Act, as the Commissioner may, subject to such conditions and restrictions as the State Government may by general or special order impose, by order in writing delegate to them either generally or as respects any particular matter or class or matters.] [Refer Order No.GVL/VAT Act (R) Section 16(6)(1) dated 1-4-2006 & GVL/VAT Act (R)Section l6(6) (1) dated 1-4-06 and GVL/VAT Act (R) section 6 (6)(3) dated 20-5-2006 for delegation of power for section & Rules](7)[ The State Government may, subject of such restrictions and conditions it may impose by notification in the Official Gazette, delegate to the Commissioner the power (not being powers relating to the appointment of Special Commissioner, Additional Commissioner or Joint Commissioners), conferred on the State Government by subsections (2) and (3).] [Note.: refer No (GHN-59) VAT 2006/ Section 16 (7)(2) the dated 10-5-06.](8)All officers and persons appointed under sub-section (2) shall be subordinate to the Commissioner; and the subordination of officers (other than the Commissioner), and of persons amongst themselves shall be such as may be prescribed.
