MYSORE PALACE (ACQUISITION AND TRANSFER) ACT, 1998
32 of 1998
November 13, 1998
STATEMENT OF OBJECTS AND REASONS MYSORE ACT No. 32 OF 1998 The palace at Mysore popularly known as the Mysore Palace, a unique historical, architectural and cultural heritage of Karnataka in particular and of the nation in general, with its immediate surroundings, including the open space, park and the garden around it, the Royal Treasure including the Royal Thrones, Royal Crowns, the Howdah, Royal Wears and ornaments and all other pieces of art, regalia, paintings, sculptures and furniture, is required for maintaining its public character; for preserving its identity as centre of the Dasara Festivity in Karnataka renowned world wide for its cultural heritage and as a Monument in its own Majesty and splendour; for developing it as an exclusive Museum of Royal Treasure, paintings and pieces of art and architecture; and to preserve the park and garden and to develop the open space as a horticultural garden, to serve the public purposes. Hence it is considered necessary to acquire and transfer by law, the Mysore Palace and the surrounding vacant land including buildings, temples and other places of worship, Royal Treasures, and all other pieces of art, regalia, paintings, sculpture and furniture and all other movable and immovable property belonging to or found in the palace (except movables left with the legal representatives or heirs while taking over possession of the palace by the Government in the year 1976) in the'public interest, and for its preservation, maintenance and for matters, connected therewith. The Bill among other things provides for, (1) transfer and vesting of Mysore Palace in the State Government; (2) the general effect of vesting; (3) vesting of the palace in the Board; (4) payment of an amount of rupees thirty-two crores to the legal representatives or heirs or transferees for the transfer and vesting of the place in the State Government; (5) permitting Sri Srikantadatta Narasimharaja Wadeyar and his wife to stay in the portion of the palace where they are residing now with an option to move out of the palace and live outside, in which case the Government will have to sanction one acre of land in Mysore Urban Agglomeration and rupees one crore; (6) duties of persons in charge of management of the palace; (7) regulation of management of temples and other places of worship located in the premises of the palace; (8) performance of rituals and other customary religious practices at the temple by the devotees including legal representatives and heirs and the rights of the legal representatives and heirs to worship the deity located in the premises of the palace; (9) appointment of Commissioner, and settlement of claims by the Commissioner; (10) constitution of Board of Trustees for management of the palace and the powers and duties of the Board; (11) appointment of an Executive Officer and other officers and their powers and duties. (12) penalty for contravention of the provisions of the Act. Certain incidental and consequential provisions are also made. Hence the Bill
An Act to provide for the acquisition and transfer of the Mysore Palace and open space around it in the public interest and for its preservation and for matters connected therewith. Whereas, the Palace at Mysore popularly known as the Mysore Palace, a unique historical, architectural and cultural heritage of Karnataka in particular and of the Nation in general, with its immediate surroundings, including the open space, park and the garden around it, the Royal Treasure including the Royal Thrones, Royal Crowns, the Howdah, Royal Wears and ornaments and all other pieces of art, regalia, paintings, sculptures and furniture, is required for maintaining its public character: for preserving its identity as centre of the Dasara Festivity in Karnataka renowned world wide for its cultural heritage and as a monument in its own Majesty and splendour for developing it as an exclusive Museum of Royal Treasure, paintings and pieces of art and architecture; and to preserve the park and garden and to develop the open space as a horticultural garden, to serve the public purpose and therefore to provide for its acquisition and transfer by law. Whereas, the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 has held that the Mysore Palace and surrounding land came within the regulation of the said Act and has passed an order declaring substantial portion of the land surrounding the Mysore Palace as surplus land to be surrendered to the State Government and the said order is upheld in appeal before the Karnataka Appellate Tribunal. Whereas, the legal representatives and heirs of late Jayachamarajendra Wadeyar have in some writ petitions questioned the legality of the order passed by the Appellate Authority and these writ petitions are pending before the High Court of Karnataka. Whereas, the legal representatives and heirs of late Jayachamarajendra Wadeyar had in their letters dated 18-8-1975, 3-9-1975, 7-2-1976 and 10-2-1976 requested the State Government to take over the possession of the Palace other than the portion of the Palace in which they are residing and accordingly the State Government took possession of the portion of Palace at Mysore with movables by issuing a Government Order No. GAD 2 PSR 76, dated 26-2-1976 and has thereafter spent considerable amounts for maintenance of the Palace as a Public monument and for preserving its public character as it was also the desire of late Jayachamarajendra Wadeyar that the Mysore Palace and the Royal Treasure, jewellery and other articles should be maintained for public purpose, and one of the heirs in a writ petition questioned the legality of the order of the State Government and the writ petition was allowed by the High Court of Karnataka and an appeal filed there against in the Supreme Court by the State Government has come to be dismissed on Twenty-first April, 1998. Whereas, preliminary notifications under Section 4 of the Land Acquisition Act, 1894 for acquisition of land surrounding the Palace under No. LAQ/SR/51/86-87, dated 1-7-1986, were issued and some of the legal representatives and heirs of late Jayachamarajendra Wadeyar had questioned the same by filing writ petitions in the High Court of Karnataka and the High Court had stayed all proceedings and now these writ petitions have been withdrawn. Whereas, for the purposes herein before stated, it is expedient to provide for the acquisition and transfer of the Mysore Palace including the park, garden and open space around it, the Royal Treasure including the Royal Thrones, Royal Crowns, Royal Wears, the Howdah and ornaments and all other pieces of art, regalia, paintings, sculptures and furniture belonging to or found in the Palace, by appropriate legislation different from the provisions of the Land Acquisition Act, 1894 and to make provision for determining the amount payable in respect of the entire holding having regard to the final decision in the aforesaid writ petitions in which the orders passed under the Urban Land (Ceiling and Regulation) Act, 1976 are challenged. Be it enacted by the Karnataka State Legislature in the Forty-ninth year of the Republic of India as follows
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Section 1 Short title and commencement
(1) This Act may be called the Mysore Palace (Acquisition and Transfer) Act, 1998.
(2) It shall come into force on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions of the Act.
Section 2 Definitions
In this Act, unless the context otherwise requires.
(1)"Appointed day" means the date appointed under sub-section (2) of Section 1;
(2)"Mysore Palace" means the Palace of Mysore and the surrounding vacant land more fully described in Schedule 1, including the buildings, temples and other places of worship, the Royal Treasure including the Royal Thrones, Royal Crowns, the Howdah, Royal Wears and ornaments and all other pieces of art, regalia, paintings, sculptures and furniture, and all other moveable or immovable property belonging to or found in the Palace, other than the items of moveables left with the legal representatives or heirs, while transferring charge of Articles in pursuance of Government Order No. GAD 2 PSR 76, dated 26-02-1976 of the Government of Karnataka;
(3) "Board" means the Board of Trustees constituted under Section 24;
(4) "Commissioner" means the Commissioner of payments appointed under Section 15;
(5)"Legal representatives" and "heirs" means the legal representatives and heirs respectively of the late Sri Jayachamarajendra Wadeyar, former Maharaja of Mysore including their successors in interest;
(6)"Schedule" means the Schedule appended to this Act;
(7) "Specified date" means such date as the State Government may for the purpose of any provision of this Act by notification specify;
(8)"Transferee" means a person to whom any movable or immovable property in relation to the Palace is alienated by the legal representatives or heirs by way of sale, gift, mortgage, lease or otherwise on or after the Twenty-first day of April, 1998.
(9) "Year" means the year commencing on the First day of April.
Section 3 Declaration
In pursuance of Article 31-C of the Constitution of India, it is hereby declared that the provisions of this Act are enacted for giving effect to the policy of the State towards securing the principles specified in clause (b) of Article 39 of the Constitution.
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Section 4 Transfer and vesting of the Palace in the State Government
On the appointed day, the Mysore Palace (hereinafter referred to as the "Palace") and the right, title and interest of the legal representatives or heirs and transferees in relation to the Palace, shall by virtue of this Act stand transferred to and shall vest absolutely in the State Government.
Section 5 General effect of vesting
(1) The Palace shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, moveable and immovable including buildings, temples, places of worship, open space, park, garden and all other pieces of art, regalia, the Royal Treasures including Royal Thrones, Royal Crowns, the Howdah, Royal Wears and ornaments, paintings, art- works, sculptures and all other rights and interests in or arising out of such property, as were immediately before the appointed day in the ownership, possession, power or control of the legal representatives or heirs or transferees and all books of accounts, registers and other documents of whatever nature relating thereto.
(2) All properties, aforesaid, which have vested in the State Government under Section 4 shall, by virtue of such vesting be freed and discharged from any trust, obligation, mortgage, lease, charge, lien and all other encumbrances affecting them and any attachment, injunction, judgment, decree or order of any Court or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn.
(3) Every legal representative or heir or transferee who has, on the appointed day, any right, title or interest in relation to the Palace shall have the right to prefer his claim in the prescribed manner before the commissioner for payment of amount out of the amount specified under Section 8.
(4) Every mortgagee of any property which has vested under this Act in the State Government and every person holding any charge, lease, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, lease, charge, lien or other interest.
(5) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (4) or other person holding any charge, lease, lien or other interest in or in relation, to any such property shall be entitled to claim in accordance with the rights or interest, payment of the mortgage money or other dues in whole or in part out of the amount specified in Section 8, but no such mortgage, lease, charge, lien or other interest shall be enforceable against any property which has vested in the State Government.
(6)If, on the appointed day, any suit, appeal or other proceeding of whatever nature, in relation to any property which has vested in the State Government under Section 4, instituted or preferred by or against the legal representative or heir or transferees, is pending, the same shall not abate, be discontinued, or in any way prejudiciously affected by reason of the transfer of the Palace or anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the State Government, or, where the Palace is directed under Section 7 to vest in the Board by or against the Board.
Section 6 Legal representatives or heirs or transferees to be liable for certain prior liabilities
1) Every liability of the legal representatives, heirs and transferees in relation to the Palace in respect of any period, prior to the appointed day, shall be the liability of such legal representatives or heirs or transferees, as the case may be, and shall be enforceable against them and not against the State Government or where the Palace is directed under Section 7 to vest in the Board against the Board.
(2) For the removal of doubts, it is hereby declared that
(a) save as otherwise expressly provided in this section or in any other section of this Act, no liability of legal representatives or heirs or transferees in relation to the Palace in respect of any period prior to the appointed date shall be enforceable against the State Government, or where the Palace is directed under Section 7 to vest in the Board against the Board.
(b) no award, decree or other order of any Court, Tribunal or other authority in relation to the Palace passed after the appointed day in respect of any claim, or dispute in relation to any matter which arose before that day, shall be enforceable against the State Government or where the Palace is directed under Section 7 to vest in the Board against the Board.
(c) no liability incurred by the legal representatives or heirs or transferees before the appointed day for the contravention of any provision of any law for the time being in force shall be enforceable against the State Government or where the Palace is directed under Section 7 to vest in the Board against the Board.
Section 7 State Government to direct vesting of the Palace in the Board
(1) Notwithstanding anything contained in Section 4 and Section 5, the State Government shall subject to such terms and conditions as it may think fit to impose direct by notification, that the Palace which has vested in the State Government under Section 4 shall instead of continuing to vest in the State Government vest in the Board either on the date of notification or on such earlier date (not being a date earlier than the appointed day) as may be specified in the notification.
(2) Where the right, title and interest in relation to the Palace have vested in the Board under sub-section (1), the Board shall, on and from the date of such vesting be deemed to have become the owner in relation to the Palace and all the rights and liabilities of the State Government under the Act on and from the date of such vesting be deemed to have become the rights and liabilities of the Board.
Section 8 Amount to be given to legal representatives or heirs or transferees
For the transfer to and vesting in the State Government of the Palace under Section 4 and the right, title and interest in relation to the Palace, the State Government shall pay an amount of rupees thirty-two crores by depositing the same with the Commissioner and the said amount shall be paid to the legal representatives or heirs or transferees entitled thereto in the manner specified in Chapter IV.
Section 9 Payment of further amount
(1) The amount specified in Section 8 shall carry simple interest at the rate of four per cent per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the State Government to the Commissioner.
(2) The amount determined in accordance with the provisions of sub-section (1) shall be given by the State Government to the legal representatives or heirs or transferees, as the case may be, in addition to the amount specified in Section 8.
(3) For the removal of doubts, it is hereby declared that the liability of the legal representatives or heirs or transferees in relation to the Palace which has vested in the State Government under Section 4 shall be discharged from the amount referred to in Section 8, and also from the amounts determined under sub-section (1), in accordance with the rights and interests of the creditors of the legal representatives or heirs, or transferees, as the case may be.
Section 10 Right of Prince to live in portion of the Palace, etc
Notwithstanding anything contained in this Act Sri Srikantadatta Narasimharaj Wadeyar (hereinafter referred to as 'Prince'), and his wife shall be allowed to continue to live in the portion of the Palace specified in Schedule II for their life time: Provided that if within two years from the appointed day the Prince and his wife exercise an option to vacate the portion of the Palace and live out side and such option is communicated to the State Government, the State Government shall within six months from the date of receipt of such communication grant to the Prince and his wife one acre of land within Mysore Urban Agglomeration and also rupees one crore towards cost of construction of a new house therein for their residence and the Prince and his wife shall within three years, from the date of such grant vacate the portion of the Palace and deliver the vacant possession thereof to the State Government or the Board, as the case may be.
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Section 11 Management of the Palace
The general superintendence, direction, control and management of the Palace and the right, title and interest in relation to the Palace which has vested in the State Government under Section 4, shall, where a direction has been made by the State Government under sub-section (1) of Section 7, vest in the Board and thereupon the Board shall be entitled to exercise, to the exclusion of all other persons all such powers and do all such things as the Board is authorised to exercise and do in relation to the Palace.
Section 12 Duties of persons in-charge of management of the Palace
(1) On the vesting of the management of the Palace in the Board all persons in-charge of the management of the Palace excepting the Committees of management of the temples or other place of worship located within the Palace premises, immediately before such vesting shall be bound to deliver to the Board all assets, books of accounts, registers or other documents in their custody relating to the Palace.
(2) The State Government may issue such directions as it may deem desirable in the circumstances of the case to the Board and the Board may also, if it considers necessary so to do, apply to the State Government at any time for instructions as to the manner in which the management of the Palace shall be conducted or in relation to any other matter arising in the course of such management.
Section 13 Duty of persons to account for assets, in their possession
(1) Any person who has, on the appointed day, in his possession or under his control, any assets, books, documents and other papers relating to the Palace. which has vested in the State Government or in the Board under this Act and which belong to the legal representatives or heirs or transferees or would have so belonged, if the Palace had not vested in the State Government or the Board, shall be liable to account for the said assets, books, documents and other papers to the State Government or the Board or such person or persons as the State Government or the Board may specify in this behalf.
(2) The State Government or the Board may take or cause to be taken all necessary steps for securing possession of the Palace which has vested in the State Government or the Board under this Act.
(3) The legal representatives, heirs and transferees, shall within such period as the State Government or the Board may allow in this behalf, furnish to the State Government or the Board, a complete inventory of all properties and assets, as on the appointed day, pertaining to the Palace which has vested in the State Government under Section 4 or in the Board under Section 7 and for this purpose, the State Government or the Board shall afford to the legal representatives or heirs or transferees all reasonable facilities.
Section 14 Regulation of Management of Temples and other places of worship, etc
(1) Notwithstanding anything contained in this Act the management of the temples and other places of worship located in the Palace premises shall not vest in the Board but shall continue to be regulated in accordance with the provisions of the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act 7 of 1927) or any corresponding law for the time being in force.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall affect the offering of pooja and performance of rituals or other customary religious practices at the temples by the devotees including the legal representatives or heirs, or the rights vested in the legal representatives or heirs to worships any Deity or perform any ritual or other customary religious practices in any temple or other place of worship located in the premises of the Palace.
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Section 15 Appointment of Commissioner of payments
(1) The State Government shall for the purpose of disbursing the amount payable under Section 8, by notification in the Official Gazette, appoint a Commissioner of payments.
(2) The State Government may appoint such other persons as it may think fit to assist the Commissioner and there upon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
(3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise these powers in the same manner and with the same effect, as if they have been conferred on that person directly by this Act and not by way of authorisation.
(4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of the State.
Section 16 Payment by the State Government to the Commissioner
(1) The State Government shall within thirty days from the specified date, deposit in cash, with the Commissioner for payments, to the legal representatives, heirs and transferees.
(a) an amount equal to the amount specified in Section 8, and
(b) an amount equal to the amount payable under Section 9.
(2) A deposit account shall be opened by the State Government in the name of the Commissioner in the public account of the State, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the deposit account and the said deposit account shall be operated by the Commissioner.
(3) Records shall be maintained by the Commissioner in respect of the Palace in relation to which payments have been made to him under this Act.
(4) The interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the legal representatives or heirs or transferees.
Section 17 Certain powers of the State Government and the Board
(1) The State Government or the Board, as the case may be, shall be entitled to receive upto the appointed day, to the exclusion of all other persons, any money due in respect of the Palace which has vested in the State Government or the Board, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.
(2) The State Government or the Board, as the case may be, may make a claim to the Commissioner with regard to every payment made by the State Government or the Board after the appointed day for discharging any liability of the legal representatives or heirs or transferees in relation to th Palace in respect of any period prior to the appointed day, and every such claim shall have priority in accordance with the priorities attached under this Act to the matters in relation to which such liability has been dis charged by the State Government or the Board.
(3) Save as otherwise provided in this Act, the liabilities of the legal representatives or heirs or transferees in relation to the Palace in respect of any transaction prior to the appointed day, which have not been discharged on or before such day shall be the liabilities of the legal representatives or heirs or transferees, as the case may be.
Section 18 Claims to be made to the Commissioner
Every person having a claim with regard to any of the matters specified in Schedule III in relation to the Palace before the appointed day shall prefer such claim before the Commissioner within thirty days from the specific date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter.
Section 19 Priority of claims
The claims made under Section 18 shall have priority in accordance with the following principles, namely:
(a) Category I shall have precedence over all other categories and Category II shall precedence over Category III and so on;
(b) The claims specified in each of the categories shall rank equally and be paid in full, but if the amount is not sufficient to meet such claims in full they shall abate in equal proportions and be paid accordingly; and
(c) The question of discharging any liability with regard to a matter specified in a lower category shall arise only if surplus is left after meeting all the liabilities specified in the immediate higher category.
Section 20 Examination of claims
(1) On receipt of the claims made under Section 18, the Commissioner shall arrange the claims in the order of priority specified in Schedule III and examine the same in accordance with such order of priority.
(2) If, on examination of the claims the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such category.
Section 21 Admission or rejection of claims
(1) After examining the claims with reference to the priorities specified in Schedule III, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim.
(2) Not less than fourteen days notice of the date so fixed shall be given by an advertisement in one issue of a daily newspaper in the English Language having wide circulation in the country and one issue of a daily newspaper in the Kannada language having wide circulation in the State and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement.
(3) Every claimant, who fails to file the proof of his claim within the time specified by the Commissioner, shall be excluded from the disbursement made by the Commissioner.
(4) The Commissioner shall after such investigation as may, in his opinion, be necessary and after giving the claimant a reasonable opportunity of being heard, determine the nature and extent of such claims and by order in writing admit or reject the claim in whole or in part and in determining the nature and extent of the claims of the legal representatives or heirs or transferees, the Commissioner shall take into consideration, the effect of the final order passed in the writ petitions pending against the orders of the Competent URBAN LAND (CEILING AND REGULATION) ACT, 1976, and the rights of the State Government thereunder. The Commissioner shall also decide any dispute as to the person or persons who are entitled to the amount and any dispute as to who are the legal representatives of any deceased claimant.
(5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely.
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b)the discovery and production of any document or other material object used as evidence;
(c) the receiving of evidence on affidavit;
(d)the issuing of any commission for the examination of witnesses.
(6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding, within the meaning of S.193 OF THE INDIAN PENAL CODE, 1860 and S.228 Of the Indian Penal Code, 1860 and the Commissioner shall be deemed to be a Civil Court for the purposes of S.195 OF THE CODE OF CRIMINAL PROCEDURE, 1973 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(7) A claimant, who is aggrieved by the decision of the Commissioner, may prefer an appeal against the decision to the District Court within the local limits of whose jurisdiction the Palace is situated.
Section 22 Disbursement of the amount by the Commissioner
(1) After admitting a claim under this Act the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and on such payment the liability in relation to the Palace in respect of such claims shall stand discharged.
(2) If out of the amount paid to the Commissioner in relation to the Palace, there is a balance left after meeting the liabilities as specified in Schedule III, the Commissioner shall disburse such balance amount to the legal representatives, heirs and transferees.
Section 23 Undisbursed or unclaimed amount to be deposited to the General Revenue Account
Any amount paid to the Commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the Commissioner is finally wound up, shall be trans- ferred by the Commissioner, to the General Revenue Account of the State Government, but a claim to any amount so transferred may be preferred to the State Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made and the order, if any, for payment of the claim, being treated as an order for the refund of revenue.
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Section 24 The Board of Trustees
(1) There shall be a Board of Trustees for the administration and management of the Palace, consisting of the following:
(1)
The Chief Secretary to Government of Karnataka
Chairman
(2)
The Secretary to Government, Finance Department
Member
(3)
The Secretary to Government, Department of Law
Member
(4)
The Secretary to Government, Public Works Department
Member
(5)
The Secretary to Government, Incharge of Muzarai Institutions in the Revenue Department
Member
(6)
The Director of Archaeology
Member
(7)
Sri Srikantadatta Narasimharaja Wadeyar
Member
(8)
A person to represent the State Lalitha Kala Academy to be nominated by the State Government
Member
(9)
Three persons of eminence in the field of law, public administration, art or culture to be nominated by the State Government
Member
(10)
The Executive Officer
Member Secretary
(2) Subject to the pleasure of the State Government, the persons nominated under clauses (8) and (9) shall hold office for a period of three years and they shall be eligible for renomination.
(3) The members of the Board shall receive such allowances as may be prescribed.
(4) The Board shall meet at such time, at such place and shall conduct its business in such manner as may be prescribed.
Section 25 Powers and duties of the Board
Subject to the rules made under this Act, the powers and duties of the Board shall be.
(a) to administer and manage the Palace;
(b) to protect the Palace building and its surroundings as monuments;
(c) to maintain parks, gardens and to preserve tree growth in the land surrounding the Palace;
(d) to utilise the land surrounding the Palace for developing it as a Horticultural Garden;
(e) to protect and preserve the Royal Treasure, including the Royal Thrones, Royal Crowns, Howdah, Royal Wears and ornaments and all other pieces of art, regalia, paintings, sculptures and furniture;
(f) to levy, subject to such condition as the State Government may impose, fees for entry into the Palace, museum, art gallery, park and garden; and
(g) to do such other acts as may be prescribed and as are incidental or conducive to the efficient administration of the Palace.
Section 26 Appointment of Executive Officer and other Officers
(1) The State Government shall appoint an Executive Officer to the Board and such number of other officers as it considers necessary to assist him.
(2) The salary and other allowances payable to the Executive Officer and other Officers appointed under sub-section (1), shall be met out of the fund of the Board.
(3) The Executive Officer and other Officers appointed by the State Government shall be deemed to be public servants within the meaning of S.21 of the INDIAN Penal Code, 1960.
Section 27 Powers and duties of the Executive Officer and other Officers
(1)Subject to such restrictions and conditions as may be laid down by the State Government in the rules or in any general or special order and subject to the general control of the Board, the Executive Officer,
(a) shall have power to manage the affairs of the Board;
(b) shall be responsible for the proper custody of all properties, records, moneys, paintings, funds and other valuables belonging to the Board, and
(c) shall arrange for the proper collection of the income and for the incurring of the expenditure of the Board.
(2) The Executive Officer may, in case of emergency direct execution of any work of doing of any act which is not provided for in the budget of the year and the immediate execution of the doing of which is, in his opinion necessary for the preservation of the properties of the Board and may direct that the expenses of executing such work or the doing of such act shall be paid from the fund of the Board: Provided that the Executive Officer shall report forthwith to the Board any action taken by him under this sub-section and reasons therefor.
(3) The Executive Officer may delegate any of the powers conferred or duties imposed on him by or under this Act to any officer appointed under Section 26 to assist him, subject to such restriction and control as the Board may, by general or special order, lay down and also subject to such limitation and conditions, if any, as may be specified in the order of delegation.
(4) The Board may delegate to the Executive Officer such of its powers, duties or functions as may be prescribed.
Section 28 Suits and other legal proceedings by or against the Board
In all suits or other legal proceedings by or against the Board the pleadings shall be signed and verified by the Executive Officer and in such suits and proceedings notice shall be issued to or served on the Executive Officer.
Section 29 Fund
(1) There shall be a fund called the Board Fund which shall be administered by the Board.
(2) The following shall form part of or be paid into the Board Fund, namely:
(i) the income from Palace or proceeds of any property vested in the Board;
(ii) all fees and charges paid to or levied by or on behalf of the Board under this Act;
(iii) all grants, and contributions made by the State Government or any other authority;
(iv) all contributions and donations made by any person;
(v) sums raised by way of loan by the Board with the previous sanction of the State Government; and
(vi) any other sums.
Section 30 Power to borrow
The Board may, with the previous sanction of the State Government and subject to such conditions as may be prescribed borrow any sum for the purposes of this Act.
Section 31 Utilisation of the Fund.
The fund may be utilised for all or any of the following purposes, namely.
(i) maintenance, management and administration of the Palace;
(ii) maintenance and improvement of park and garden in the premises of the Palace;
(iii) preservation of tree growth in the premises of the Palace;
(iv) development of Museum and Horticultural garden in the Palace premises;
(v) payment of salaries and allowances of the Executive Officer and other Officers appointed under Section 26;
(vi) any other purpose as may be prescribed.
Section 32 Audit
(1) The State Government shall appoint annually an Auditor to audit the accounts of the Board and fix the remuneration which shall be paid to such Auditor from the Board Fund. The Auditor shall send his report to the State Government.
(2) The State Government shall send a copy of the audit report to the Board and it shall be the duty of the Board to remedy, within such time as may be specified by the State Government any defects or irregularities pointed out by the Auditor and report the same to the State Government.
Section 33 Budget
(1) The Executive Officer shall every year prepare within such time and in such form as may be prescribed a budget and an estimate of receipt and expenditure of the Board for the following year and place it before the Board which may approve it without modification or with such modification as it deems fit.
(2) A copy of the budget passed by the Board shall be forwarded to the State Government not less than two months before the end of the year previous to that for which the budget is prepared.
CHAPTER 4 Eligibility For Legal Aid and Advice
Section 34 Act to have overriding effect
Save as otherwise provided in Section 14, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any judgment, decree or order of any Court, Tribunal or any other authority.
Section 35 Contract to cease to have effect unless ratified by Board
Every contract entered into by the legal representatives or heirs or transferees in relation to the Palace which has vested in the State Government under Section 4 and in force immediately before the appointed day, shall on and from the expiry of thirty days from the appointed day, cease to have effect unless such contract is before the expiry of that period, ratified in writing by the Board and in ratifying such contract, the Board may make such alteration or modification therein, as it may think fit:
Provided that the Board shall not omit to ratify a contract and shall not make any alteration or modification in a contract.
(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the Board, and
(b) except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusing to ratify the contract or for making any alteration or modification therein.
Section 36 Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against the State Government or the Board, or any Officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the State Government or the Board or any Officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done.
Section 37 Penalties Any person who
(a) having in his possession, custody or control of any property forming part of the Palace wrongfully withholds such property from the State Government or the Board; or
(b) wrongfully obtains possession or retains any property forming part of the Palace; or
(c) willfully, withholds from or fails to, furnish to the State Government or the Board or to any person or body of persons specified by the State Government or the Board, as the case may be, any document or inventory relating to the Palace which may be in his possession, custody or control; or
(d) wrongfully removes or destroys any property forming part of the Palace; or
(e) prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate; shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.
Section 38 Offences by companies
(1) Where any offence under this Act has been committed by a company every person who, at the time the offence was committed was in charge 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, 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 any 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 the director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall 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 any body corporate and includes a firm or other association of individuals;
(b)"director" in relation to a firm, means a partner in the firm.
Section 39 Revision
(1) The State Government may call for and examine the records of the Board or the Executive Officer in respect of any proceeding to satisfy itself as to the regularity of such proceedings or correctness, legality or propriety of a decision or an order passed therein.
(2) If it appears to the State Government that the decision or order should be modified, reversed or remitted or reconsidered, it may pass an order accordingly.
(3) The State Government shall not pass any order affecting any person under sub-section (2) without giving him an opportunity of being heard.
(4) The State Government may stay the execution of any decision or order of the nature referred to in sub-section (1) pending the exercise of its powers under sub-section (2)
Section 40 Delegation of powers
(1) The State Government may by notification direct that all or any of the powers exercisable by them under this Act, other than the powers conferred by Section 41 and Section 42 may also be exercised by such person or persons as may be specified in the notification.
(2) Whenever any delegation of power is made under sub-section (1) the person to whom such power is delegated shall act under the direction, control and supervision of the State Government.
Section 41 Power to make rules
(1) The State Government may by notification, make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely:
(a)the time within which and the manner in which an intimation referred to in sub-section (4) of Section 5 shall be given;
(b)the convening of meetings and the transaction of business of the Board under Section 24;
(c)the restrictions and conditions subject in which the Executive Officer may exercise his powers and perform his duties under Section 27;
(d)the conditions subject to which the Board may borrow any sum under Section 30;
(e)other purposes for which the fund may be utilised under Section 31;
(f)the preparation of the budget estimates for the Board under Section 33;
(g)the maintenance and custody of the accounts, records and the documents of the Board;
(h)any other matter which is required to be or may be prescribed.
(3) A rule under this Act may be made with retrospective effect and when such rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature.
(4) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 42 Power to remove difficulties
if any difficulty arises in giving effect to the provisions of this Act the State Government may, by order not inconsistent with the provisions of this Act remove the difficulties: Provided that no such order shall be made after the expiry of a period of two years from the appointed day.
Section 43 Abatement of proceedings under the Land Acquisition Act, 1894
On and from the appointed day all notifications issued under any of the provisions of the Land Acquisition Act, 1894 in respect of the Palace shall stand withdrawn and proceedings, if any, taken in pursuance of such notification shall abate.
SCHEDULE 1 SCHEDULE 1
SCHEDULE [See Section 2(2)] SCHEDULE 1
[See Section 2(2)]
Boundaries
Door Number
East
West
North
South
Approximate extent of land
(1)
(2)
(3)
(4)
(5)
(6)
Door Nos. 1 to 17 of Khilla Mohalla
Bangalore Neelagiri Road
New Sayaji Rao Road
Curzon Park and Old Statue Circle Road
Purandaradasa Road
72 acres and 10 guntas
SCHEDULE 2 SCHEDULE 2
SCHEDULE [See section 2(2)] SCHEDULE 2
[See section 2(2)]
SI. No.
Description of the portion of the Palace building where the Prince and his wife are residing on the appointed day
Total Area in square metres
(1)
(2)
(3)
1.
Ground floor and first floor of the Palace building 11.383 square metres.
Including
(1) Kannadi thotti
(2) Krishna thotti
(3) Ele thotti; and
(4) Karikal thotti museum portions
SCHEDULE 3 SCHEDULE 3
SCHEDULE [See Section 18,Section 19, Section 20,Section 21 and Section 22] SCHEDULE 3
[See Sections 18,19,20,21 and 22]
Order of priority for the discharge of liabilities in relation to the Palace.
Category 1
Principal amount of secured loans advanced by
... (i)...the Central Government
... (ii) .the State Government
... (iii) Banks
... (iv) Public Finance Institutions
(v) Others
Category 2
Principal amount of unsecured loan advanced by
... (i) the Central Government
... (ii) the State Government
... (iii) Bank
... (iv) Public Financial Institutions
Category 3
(a) Any dues payable to the Karnataka Electricity Board or other State Government or semi-Government Institutions for supply of goods or services;
(b) Arrears of interest on loans and advances or other dues falling under Category I or II.
Category 4
(a) Revenue, taxes, cesses, rates or other dues to the Central or State Government and local authorities; and
(b) Any other loans or dues.
The above translation of the Sjliscfc odsbi (assr sb*, sinwife*) woaobsfc, 1998 be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India.
RULE:
MYSORE PALACE (ACQUISITION ANDTRANSFER) RULES, 1999
In exercise of the powers conferred by Section 41 of the Mysore Palace (Acquisition and Transfer) Act, 1998 (Karnataka Act 32 of 1998), the Government of Karnataka hereby makes the following rules, namely.
Rule 1 Title and commencement
(1) These rules may be called the Mysore Palace (Acquisition and Transfer) Rules, 1999.
(2) They shall come into force from the date of their publication in the Official Gazette.
Rule 2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means, the Mysore Palace (Acquisition and Transfer) Act, 1998 (Karnataka Act 32 of 1998);
(b) "Form" means a form appended to these rules;
(c) "Section" means a section of the Act.
Rule 3 Form for claiming amount by person interested
Every claim under sub-section (3) of S.5 of the Mysore Palace (Acquisition and Transfer) Act, 1998 shall be in Form 1 and shall also contain the following particulars namely.
(a) original cost of acquisition of asset;
(b) details of depreciation, if any claimed for income-tax purpose;
(c) any damages caused to the asset;
(d) names of the persons who have claimed the amount.
Rule 4 Manner of giving information under Section 5(4)
Every mortgage of any property which has vested under this Act in State Government and every person holding any charge, lease, lien or other interest in, or in relation to any such property shall give within 60 days from the date of commencement of these rules an intimation to the Commissioner, of such mortgage, lease, lien, charge or other interest in Form 2.
Rule 5 Allowances and Honorarium of Members
A member of the Board shall be entitled to such allowances as may be notified by the State Government from time to time.
Rule 6 Meetings of the Board
(1) The Board shall meet atleast once in every quarter and as often as may be necessary.
(2) Seven clear days notice of a meeting specifying the date, time and place of the meeting and business to be transacted thereat shall be given to all members:
Provided that ho such notice shall be necessary where, in the opinion of the Chairman, business of an emergent, nature has to be transacted and the members have been informed accordingly.
Rule 7 Quorum
The number of members necessary to constitute a quorum at a meeting of the Board shall be seven including the Chairman.
Rule 8 Chairman to preside
Every meeting of the Board shall be presided over by the Chairman or, if the Chairman is for any reason unable to attend it, by such member as the members present may choose at the meeting.
Rule 9 Adjournment of meeting
If there is no quorum at the time appointed for the meeting the Presiding Authority shall wait for thirty minutes and if within such period there is no quorum adjourn the meeting to such hour on some other future day as it may reasonably fix. A notice of the meeting so adjourned to a future day shall be sent to every member of the Board. The business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting whether there be a quorum or not.
Rule 10 All questions to be decided by majority
All questions at a meeting of the Board shall be decided by a majority of the members present and voting, the Chairman having a second or casting vote in case of equality of votes.
Rule 11 Minutes of the meeting
(1) The Board shall keep minutes of the proceedings of each meeting of the Board and shall include therein the name of the members present.
(2) A copy of such minutes shall be submitted by the Board to the State Government as soon as they are confirmed by the Board.
Rule 12 Limit on borrowing without previous consent of the State Government
The Board may borrow money and mortgage or charge its undertaking and property (including its revenues) or any part thereof and issue debentures, debenture stock, notes and other securities whether outright or as security for any debt, liability or obligation of the Board or of any third party provided that the aggregate amount for the time being remaining and charge of money borrowed or secured as aforesaid by the Board exclusive of the temporary loans as aforesaid shall not at any time, be without the previous sanction of the State Government.
Rule 13 Budget Estimates
The Budget estimates of the Board shall be in Form 3.
Rule 14 Manner and Maintenance of Accounts
(1) The accounts of the Board shall be prepared and maintained in such form and manner as may be specified by the State Government from time to time.
(2) The annual statement of accounts to be prepared by the Board shall be in Form 4.
APPENDIX 1 Form of Claim for Amount in Respect of Property Vested in the State Government
FORM [See Rule 3]
FORM 1
[See Rule 3]
Form of Claim for Amount
in Respect of Property Vested in the State Government
To
The Commissioner of Payments,
Under
the Mysore Palace (Acquisition and Transfer) Act, 1998
BANGALORE.
Sir,
I, (name)
son/daughter/wife of. aged about.... years, being
a person interested in the amount determined under Section 9 of the Mysore Palace (Acquisition and Transfer) Act, 1998
(Karnataka Act 32 of 1998), do hereby
prefer my claim in the amount, in terms of details furnished in the form below:
Proforma
1. Name of Claimant 2. Name of Father/Husband 3. Age of the Claimant 4. Permanent Address 5. Postal/Communication Address (if any) 6. Details of property involved in the claim (Immovable/Movable) 7. Nature of right, title or interest claimed Joint Property/Joint Family interest/Separate property lease hold/Mortgage/Other charge/grant/Lease/Licence/Easement/ otherwise. 8. Value of claim (in terms of rupees) 9. Calculation of value (a) When acquired (b) How acquired (c) Cost of acquisition (d) Cost of improvement (give details of items of improvement) (e) Depreciation or Damage (as a result of user) 10. Encumbrances existing on the property (on the date of vesting) 11. Claim whether individual/joint 12. If Joint, details of the holders(a) Names of Joint holders (b) Nature and extent of the rights of each one of them. 13. Litigation if any pending (as on date of vesting) inrespect of the asset. 14. Evidence of Right, title or interest.Deed of Sale/Mortgage/Lease/Document of Lease/Licence/Grant Court Decree or order 15. Whether any scientific valuation of the property is made if so furnish documents)
Original documents to be produced
DECLARATION
I (name) above-named claimant do hereby
declare that the particulars furnished above are true to the best of
my information and knowledge. The documents
furnished in support of the claim are either original or where original could not be produce authentic copies.
Signature
of the Claimant
APPENDIX 2 FORM
FORM
FORM 2
[See Rule 4]
Shri
(Commissioner of Payments)
I son/daughter/wife
of and about days, residing at being being a person interested
in the amountdetermined under Section 9 of the Mysore Palace
(Acquisition and Transfer) Act, 1998
(Karnataka Act 32 of 1998), hereby prefer my charge, lease, lien or other instruments in or in relation to any
property in the amount as follows.
2. In this paragraph the person interested
should furnish the complete details of his/her
charge, lease, lien, or other interests in, or in relation to any such property:
3. I, enclose herewith copies of the
following documents in original in support of my charge, lease, lien, or other
interest in or in relation to any such
property:
(here furnish details of the documents enclosed).
Yours faithfully,
Signature of the person
interested
Note. Signature,
name in block letters and address of the Witnesses to be given.
APPENDIX 3 FORM
VIII.
Municipal and other taxes.-
IX.
Miscellaneous expenditure.
Net expenditure on revenue Account.
III. Budget Estimates of the Mysore Palace Management Board
(1)
(2)
(3)
(4)
(5)
(6)
1.
Balance with the Board as on the beginning of the year
2.
Loans from Government during the year.
3.
Other loans (public or private)
4.
Sale of Buildings
5.
Other Capital Receipts
6.
Suspense Accounts
Total
Budget Estimates of the Mysore Palace Management Board
(CAPITAL ACCOUNT EXPENDITURE)
Sub head
Accounts for the last year
Budget for the current year
Revised estimates for the current year
Budget estimates for 19. . . 19...
Remarks (explanation for increase or decrease)
(1)
(2)
(3)
(4)
(5)
(6)
1.
Work in progress
2.
Establishment charges transferred from revenue account charged to capital
3.
Movable property
4.
Amount transferred to Depreciation fund
5.
Amount transferred to other funds
6.
Suspense Account
Total:
The details of each scheme should he given in Part V.
APPENDIX 4 FORM
(ii) Contingencies ... Rest .................
Total:
Expenditure
Receipts
per cent less transferred to the Development
Expenditure
To C. Administrative
Expenses
(a) Salaries and allowances
(b) Travelling allowances
(c) Contribution to staff Provident fund and other service fund
(d) Leave and pension contribution
Total:
D. Special Charges
(a) Insurance
(b) Advertisement
(c) Rents, rates and taxes
(d) Printing and Stationery
(e) Postage
(f) Others
E. Board Expenses
(a) Compensatory allowance
(b) Travelling allowance
F. Miscellaneous
Total:
Balance Sheet of the Mysore Palace Management Board as on
Liabilities
Assets
Rs.
Rs.
I. Secured Loans
I.
Fixed Assets
(a) Loans borrowed from banks
1. Land As per
(b) Debentures, notes, securities etc.
2. Buildings Schedule.
(c) Others
Liabilities
Assets
II.
Unsecured loans
II.
Investments
(a) Loans and advances from the State Government
(a) Government Securities
(b) Deposits
(b) Others
(c) Cash Credits and Overdrafts
III.
Current liabilities
III.
Current Assets, Loans and Advances
1. Sundry creditors
(A)
(1) Stores and Building materials
2. Interest accrued and due but not
paid
(2) Vehicles
(3) Amounts due from State Government
3. Provision for taxation
(4) Sundry Debtors
4. Provident fund
(5) Interest secured on investments
IV.
Reserves
IV.
Cash on hand
V.
Net Surplus
V.
Cash at Bank
Total
Total |
