SRI MALAI MAHADESHWARASWAMY KSHETHRA DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2014
(Received the assent of the Governor on the Second day of September, 2014)
KARNATAKA ACT NO. 36 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of September, 2014)
An Act to amend Sri Malai Mahadeshwaraswamy Kshetra Development Authority Act, 2013. Whereas it is expedient to amend Sri Malai Mahadeshwaraswamy Kshetra Development
Authority Act, 2013 (Karnataka Act 37 of 2013) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-fifth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called Sri Malai Mahadeshwaraswamy Kshetra Development Authority (Amendment) Act, 2014.
(2) It shall come into force at once.
2. Amendment of Section 3.- In the Sri Malai Mahadeshwaraswamy Kshetra Development Authority Act, 2013 (Karnataka Act 37 of 2013) (hereinafter referred to as the Principal Act), in section 3,-
(i) in sub-section (2), for the words "Malai Mahadeshwara hills", the words "Malai Mahadeshwara hill" shall be substituted;
(ii) In sub-section (4),-
(a) in clause (c), after the words "the Minister incharge of the District" the words "Vice Chairman" shall be inserted;
(b) for clause (f), the following shall be substituted, namely:-
"(f) Not more than five members nominated by the State Government from among the leading personalities having wide knowledge about the historical background and mythology of Sri Malai Mahadeshwaraswamy Kshetra, out of whom at least one shall belong to the Scheduled Castes or the Scheduled Tribes and one shall be a women".
(c) in clause (h) , the words "or his nominee" shall be inserted, at the end;
(d) for clause (j), the following shall be substituted, namely:-
"(j) The Secretary to the Government, Revenue Department (Muzarai) or his representative;
(j-1) The Commissioner, Department of Religious and Charitable Endowment, Bangalore;
(j-2) The Chief Priest, Sri Malai Mahadeshwaraswamy Temple;"
3. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), for clause (c), the following shall be substituted, namely:-
"(c) he without informing the Authority absents from three consecutive meetings of the Authority:
Provided that, this clause shall not apply to the ex-officio members; or"
4. Amendment of section 8.- In section 8 of the Principal Act, in sub-section (2),-
(i) for the proviso to clause (a), the following shall be substituted, namely:-
"Provided that, a copy of every contract involving expenditure of rupees ten lakhs or more shall be sent to the State Government"; and
(ii) In clause (b), the following shall be inserted at the end, namely:-
"A compliance report shall be submitted to the State Government in this behalf."
5. Amendment of section 10.- In Section 10 of the principal Act,-
(i) for sub-section (1), the following shall be substituted, namely:-
"(1) The State Government shall appoint an officer belonging to Senior Scale of the Karnataka Administrative Services to be the Secretary of the Authority and Executive Officer of the Endowment Department to be the Deputy Secretary of the Authority".
(ii) in sub-section (2), after the words "The Secretary", the words "and other officers" shall be inserted.
6. Amendment of section 12.- In section 12 of the principal Act, in sub-section (1), for first proviso, the following shall be substituted, namely:-
"Provided that, until the State Government frame rules, under this Act, the method of recruitment and conditions of service of the employees including Archaks working in Sri. Malai Mahadeshwaraswamy Temple of Malai Mahadeshwara Kshetra Development authority shall be continued to be governed under the provisions of the Hindu Religious and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) and the rules made there under.
7. Amendment of section 14.- In Section 14 of the Principal Act,-
(i) in the proviso to sub-section (1), for the words "twice" the words "four times" shall be substituted; and
(ii) in sub-section (2), for the words "Vice-Chairman shall preside over the meeting" the words "If in a meeting both the Vice-Chairmans are present the District incharge Minister shall preside over the meeting" shall be substituted.
8. Amendment of section 18.- In section 18 of the Principal Act,-
(i) for sub-section (1), the following shall be substituted, namely:-
"(1) Notwithstanding anything contained in any, custom, usage or the provisions of any Law for the time being in force under which the Malai Mahadeshwaraswamy Temple is governed or the provisions of the Karnataka Hindu Religious institutions and charitable endowments Act, 1997 (Karnataka Act 33 of 2001), the ownership, administration and complete management of movable and immovable properties including jewellery and liabilities of the temple shall vest with the State Government from the date of commencement of Sri Malai Mahadeshwaraswamy Kshetra Development Authority (Amendment) Act, 2014 and shall be transferred to the authority thereafter."
(ii) for sub section (2) the following shall be substituted, namely:-
"(2) Subject to sub section(1) of Section 12 on and from the date of commencement of the Sri Malai Mahadeshwaraswamy kshetra Development Authority (Amendment) Act, 2014 the Management of the employees of the Temple shall vest in the Authority."
9. Amendment of section 19.- In section 19 of the Principal Act, in sub-section (2), for the words "for its approval" the words "for information" shall be substituted.
10. Amendment of section 24.- In section 24 of the Principal Act, in sub-section (2), in clause (iii), for the proviso, the following shall be substituted, namely:-
"Provided that the donations, Kanikes, Seva Fees and other offering made to God in Hundi shall be credited to the fund of the Authority and out of which the net income of that temple the authority shall contribute to the common pool fund created under section 17 of the Karnataka Hindu Religious and Charitable Endowment Act, 1997 (Karnataka Act 33 of 2001) at such rate as specified in that section.
11. Amendment of section 29.- In section 29 of the Principal Act, after sub section (2), the following shall be inserted, namely:-
"(3) the audit report and annual report of the authority shall be laid before both the Houses of the State Legislature by the State Government.
12. Amendment of section 38.- In section 38 of the Principal Act, for the words "under section 38" the words "under section 37" shall be substituted.
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