SHREE RENUKA YELLAMMA KSHETRA TOURISM DEVELOPMENT BOARD ACT, 2023
KARNATAKA ACT NO.05 OF 2024
Arrangement of Section
Sections:
1. Short title and commencement.
2. Definitions
3. Constitution and incorporation of the Board
4. Meetings of the Board
5. Security Force
6. Sub-committees of the Board
7. State Level Committee
8. Term of office and conditions of services
9. Disqualification for membership
10. Removal of member
11. Eligibility for re-appointment
12. Powers of the Committee
13. Appointment of the Commissioner
14. Duties of the Commissioner
15. Appointment of Accounts Officer and other officers
16. The method of recruitment and conditions of service of officers and staff
17. Functions of the Board
18. Special powers of the Chairman
19. Power to delegate
2
20. No other Board or person to undertake development without permission of the Board
21. Power of entry
22. Levy of Fee
23. Board fund
24. Budget
25. Annual report
26. Subventions and loans to the Board
27. Power of Board to borrow
28. Accounts and Audit
29. Directions by the Board
30. Penalty for breach of the provisions of the Act
31. Offences by Companies
32. Sanction of prosecution
33. Board may compromise claims by or against it
34. Members and officers to be public servants
35. Protection of action taken in good faith
36. Control by the State Government etc
37. Application of the Karnataka Public Premises (Eviction of unauthorized occupants) Act, 1974 (Karnataka Act 32 of 1974) to the Board Premises
38. Power to amend the schedule
39. Power to make rules
40. Power to make regulations
41. Removal of difficulties
3
STATEMENT OF OBJECTS AND REASONS
Amendment Act 05 of 2024:- Shree Renuka Yellamma Temple at Savadatti is an ancient temple with devotees spread across South India. It is the temple that is visited by highest number of devotees in the state. The temple is situated on the top of the hill. The main temple is surrounded by other pious places like Temple of Parashurama, Teertha Konda, and others. The Shrines connected with the temple are located at the foot hill also like Jogula Bhavi. On the other part of the hill are the Parasgada fort ruins and places like the Ramateertha.
Devotees from far off places visit Renuka Yellamma Kshetra temple and surrounding places by vehicle, bullockcarts and on foot. Traditionally the devotees halt at the place for a day or two, cook dishes and offer them to the deity. Given the fact that the enormous devotees visit the place especially during Banada Hunnime and Bharata Hunnime, it is incumbent upon the state to provide the basic necessities and amenities for the convenience of the devotees. In order to preserve the sanctity of the place and to provide a conducive environment to the devotees and tourist, it is considered necessary to constitute the Shree Renuka Yellamma Kshetra Tourism Development Board to-
(a) conserve the cultural heritage of Renuka Yellamma Kshetra with all its archaeological remains and natural environs;
(b) preserve its cultural identity;
(c) to develop it into centre of pilgrimage, cultural and tourist centre; and
(d) prevent uncontrolled development of the area and commercial exploitation of the area.
Hence, the Bill.
[L.A. Bill No. 25 of 2023, File No. SAMVYASHAE 42 SHASANA 2023]
[Entry 64 and 65 of List II and Entry 08 and 26 of List III of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.56 in part-IVA dated:03.02.2024]
4
KARNATAKA ACT NO. 05 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 3rd day of February, 2024)
SHREE RENUKA YELLAMMA KSHETRA TOURISM DEVELOPMENT BOARD Act, 2023
(Received the assent of the Governor on the 3rd day of February, 2024)
An Act to constitute Shree Renuka Yellamma Kshetra Tourism Development Board for conservation of the cultural heritage of Shree Renuka Yellamma Kshetra with all its temples, archeological remains and natural environs; to preserve its cultural identity and to ensure its sustainable development.
Whereas it is expedient to provide for the constitution of the Shree Renuka Yellamma Kshetra Tourism Development Board for conservation and development of the Heritage area of the Shree Renuka Yellamma Kshetra with all its temples, archaeological remains and natural environs; and to preserve its cultural identity and to ensure sustainable development of the Shree Renuka Yellamma Kshetra Tourism heritage area; development as a centre of pilgrimage and tourism; and for the matters connected there with or incidental thereto;
Be it enacted by the Karnataka State Legislature in the Seventy Fourth year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title and commencement. (1) This Act may be called Shree Renuka Yellamma Kshetra Tourism Development Board Act, 2023.
(2) It shall come into force on such date as the State Government may, by notification in the official Gazzette appoint.
2. Definitions.- In this Act unless the context otherwise requires,-
(a) "Amenity" includes guest houses, yatri nivasas, lodgings, civic amenities, parking for vehicles, bullock carts, sheds for bullocks, drinking water facilities, market places, post office, bank, hospitals, police station, milk booths, roads, bridges, streets, transport, lighting, water and electricity supply sewerage, drainage, public works, open spaces recreational grounds, parks and other conveniences, services or utilities as decided by the Board or as specified by the State Government by notification.
(b) "Board" means the Shree Renuka Yellamma Kshetra Tourism Development Board constituted under section 3;
(c) "Chairman" means the Chairman of the Board constituted under section 3;
(d) “Co-Chairman” means the Co-Chairman of the Board
5
constituted under section 3;
(e) "Commissioner" means the Commissioner of the Board appointed under section 13;
(f) "Committee" means the State Level Committee constituted under section 7;
(g) "Development" with its grammatical variations means carrying out of building, engineering or other operations in or over or under any land or the making of any material change in any building or land or in the use of any building, or land and includes re-development and forming of layout sand sub-division of any land including amenities in the Shree Kshetra Area;
(h) "Fund" means the fund of the Board;
(i) "Land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(j) "Natural Environs" includes the rivers, river beds, rocks, water sources, wild life and vegetation located in the Heritage Area;
(k) “President" means the President of the State Level Committee under section 7;
(l) "Regulations" means regulations of the Board made under section 40 under this Act;
(m) "Rules" means rules of the Board made under section 39;
(n) "Schedule" means schedule appended to this Act.
(o) "Shree Kshetra Area" means the area mentioned in the Schedule; and
(p) “Vice President" means the Vice President of the State Level Committee under section7.
CHAPTER-II
SHREE RENUKA YELLAMMA KSHETRA TOURISM DEVELOPMENT BOARD
3. Constitution and incorporation of the Board.- (1) The State Government shall as soon as may be after the commencement of this Act, constitute for the purposes of this Act, a Board to be called the Shree Renuka Yellamma Kshetra Tourism Development Board.
(2) The Board shall have its Head Quarters at Shree Renuka Yellamma Kshetra in Savadatti Taluk, Belgavi District.
6
(3) The Board shall be a body corporate by the name aforesaid having perpetual succession and common seal with power subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable and enter into to contract and shall by the said name sue or be sued.
(4) The Board shall consist of the following members, namely:-
(i) The Deputy Commissioner, Belagavi District–Chairman
(ii) Member of Karnataka Legislative Assembly Savadatti constituency-Co-Chairman
(iii) The Commissioner, Department of Archaeology, Museums and Heritage, Mysuru-Member
(iv) The Commissioner Belgaum Urban Development Authority, Belagavi-Member
(v) The Director of Tourism, Bengaluru or his nominee- Member
(vi) The Superintendent of Police, Belagavi-Member
(vii) The Superintending Archaeologist, Archaeological Survey of India, Dharwad Circle, Dharwad- Member
(viii) The Chief Executive Officer, Zilla Panchayat, Belagavi – Member.
(ix) The Deputy Conservator of Forests, Belagavi – Member
(x) The Superintendent Engineer, Public Works Department, Belagavi – Member
(xi) The Deputy Environment Officer, Belagavi - Member
(xii) The Superintendent Engineer, Malaprabha Dam Project - Member.
(xiii) The Commissioner of the Board - Member Secretary.
4. Meetings of the Board.- (1) The meetings of the Board shall be convened by the Chairman or by the Member Secretary with the express approval of the Chairman and it shall ordinarily meet at least once in three months at such place within the jurisdiction of the Board or at the Headquarters of the Board and at such time as the Chairman may decide.
(2) The Board shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at meetings) as may be specified by regulations.
(3) Every meeting shall be presided over by the Chairman or, if for any reason he is unable to attend any meeting, any other member chosen by the members present at the meeting, shall preside over the meeting of the Board.
(4) All questions which come up before any meeting of the Board shall be decided by majority of the votes of the members present and voting and in the event of an equality of votes, the Chairman or in his absence the person presiding, shall have and exercise a second or casting vote.
5. Security Force.- (1) There shall be constituted and maintained a force to be called the Security Force,-
7
(a) for the better protection and security of the board property within Shree Kshetra Area including prevention of encroachments and removal thereof;
(b) for aiding the officers of the Board in the detection and investigation of any matter relating to leakage of revenue or any amount payable to the Board; and
(c) to exercise such other powers and discharge such other functions as may be prescribed.
(2) The Security Force shall consist of such number of supervisory officers and members as may be determined by the Board and shall be provided by the State Government.
(3) The Chairman shall exercise powers of superintendence and control over the Security Force.
6. Sub-committees of the Board.- (1) The Board may for any specific purpose constitute one or more sub-committees consisting of the Commissioner as Chairman and such other members not exceeding five on each sub-committees.
(2) The sub-committees of the Board shall exercise such powers and perform such duties which are delegated to it by the Board.
(3) Each sub-committee shall meet at-least once in a month and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations.
CHAPTER-III
STATE LEVEL COMMITTEE
7. State Level Committee.- (1) There shall be a State Level Committee consisting of the following members, namely:-
(a)
The Minister incharge of Tourism.
President
(b)
The Minister incharge of Mujarai.
Vice-President
(c)
The Minister incharge of Belgaum District.
Vice-President
(d)
Members of the Parliament and the State Legislature representing the part or whole of the Shree Kshetra Area whose constituency lie Within the jurisdiction of the Board.
Members
8
(e)
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 Shree Renuka Yellamma Kshetra, out of whom at least one shall belong to the Scheduled Castes or the Scheduled Tribes and one shall be a women;
Members
(f)
The Additional Chief Secretary and Development Commissioner to Government of Karnataka.
Member
(g)
The Director General, Archaeological Survey of India or his nominee
Ex-Officio
Member
(h)
Principal Secretary to Government, Finance Department or his nominee.
Ex-Officio
Member
(i)
The Chairman of Shree Kshetra Tourism Development Board.
Ex-Officio
Member
(j)
The Secretary to Government, Kannada and Culture Department
Ex-Officio
Member
(k)
The Principal Secretary to Government, Department of Tourism
Member
Secretary
8. Term of office and conditions of services.- (1) Subject to the pleasure of the State Government the non-official members nominated by the State Government shall hold office for a period of three years:
(2) Any non-official member may resign his office by writing under his hand addressed to the State Government but shall continue in office until his resignation is accepted.
(3) The non-official members shall receive such allowances as may be prescribed.
9. Disqualification for membership.- A person shall be disqualified for being appointed as and for being a member if he,-
(a) Has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or
(b) Is of unsound mind and stands so declared by a competent court; or
(c) Is an undischarged insolvent; or
(d) Has been removed or dismissed from service of the
9
Central Government or a State Government or a Body or Corporation owned or controlled by the Central Government or a the State Government; or
(e) has directly or indirectly by himself or as partner, has any share or interest in any work done by the order of the Board or in any contract or employment with or under or by or on behalf of the Board; or
(f) is employed as a paid legal practitioner on behalf of the Authority or accepts employment as legal practitioner against the Board:
Provided that, no person shall be disqualified under clause (e) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only of his having a share or interest in any news paper in which any advertisement relating to the affairs of the Board is inserted.
10. Removal of member.- (1) The State Government shall remove a member if,-
(a) he is disqualified subject to any of the disqualifications mentioned in section 9:
Provided that, no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given an opportunity of making his representation against the proposal; or
(b) he refuses to act or become incapable of acting; or
(c) he without informing to the Board absents from three consecutive meetings of the Board:
Provided that, this clause shall not apply to the ex-officio members; or
(d) in the opinion of the State Government he has so abused his position as to render his continuance in office detrimental to the public interest:
Provided that, no member shall be removed under this clause unless he has been given an opportunity of making his representation against the proposal.
11. Eligibility for re-appointment.- Any person ceasing to be a member shall unless disqualified under section 9, be eligible for re-appointment as a member.
12. Powers of the Committee.- (1) The Committee shall have power generally to do anything that in its opinion is necessary to do to give effect to the intent and provisions of this Act, except such acts as are specifically laid in the Act to be performed by other authorities.
(2) The Committees hall,-
(a) monitor the activities of the Board and direct the Board on all matters concerning to development of Shree
10
Kshetra Area;
(b) approve annual plan and budget; and
(c) approve expenditure above five crores: with or without modification.
(3) The Committee shall meet at least once in six months at such place and at such time and shall adopt such procedure as may be prescribed.
CHAPTER-IV
OFFICERS OF THE BOARD AND THEIR DUTIES
13. Appointment of the Commissioner.- The State Government shall appoint, an officer not below the rank of Group – A (Senior Scale) of the State Civil Service or Chief of any local Board to be the Commissioner of the Board.
14. Duties of the Commissioner.- (1) The Commissioner shall be the Chief Executive and Administrative Officer of the Board.
(2) The Commissioner shall in addition to performing such functions as are conferred on him by or under this Act or under any other law for the time being inforce,-
(a) Be the Chief Executive of the Board;
(b) Be responsible to carry out the resolutions of the State Level Committee;
(c) Be responsible for all budgetary planning, enforcement and supervisory functions of the Board;
(d) Furnish to the Board all the information relating to the administration and accounts of the Board as well as other matters whenever called upon by the Board to do so;
(e) prepare and submit the Annual Reports and audited accounts of the Board for its approval within three months of the close of every financial year and thereafter submit copies of the same to the Board and the State Government; and
(f) perform such other functions as may be prescribed.
15. Appointment of Accounts Officer and other officers.- (1) The State Government shall appoint an officer of the State Accounts Service, not below the rank of Assistant Controller to be the Accounts Officer of the Board.
(2) The Accounts Officer shall report to the Commissioner and shall exercise such power and perform such other duties as may be prescribed.
11
16. The method of recruitment and conditions of service of officers and staff.- (1) The state Government shall provide such other officers and staff as may be necessary to the Board. The method of recruitment and conditions of service and the powers and duties of the commissioner and other officers and staff of the Board shall be such as may be prescribed.
(2) The administrative expenses, salary and allowances of the officers and staff of the Board shall be defrayed out of the fund of the Board.
CHAPTER-V
POWERS AND FUNCTIONS OF THE BOARD
17. Functions of the Board.- Subject to the provisions of this Act and the rules made there under the functions of the Board shall be,-
(1) As soon as may be, after its constitution prepare a plan for the development of Shree Renuka Yellamma Kshetra into an international pilgrim, cultural and tourist centre and a centre for deliberation and propagation of the tenets of Shree Renuka Yellamma and other subsidiary deities. The Development plan may include,-
(a) proposals for acquiring land by acquisition or purchase, exchange or otherwise, which in the opinion of the Board is necessary for execution of the development plan;
(b) putting up public parks, horticultural or zoological gardens, fountain gardens, artificial water falls, game parks, lakes with boating or other water games or such other tourist attractions;
(c) construction of choultries, lodging houses, cottages, hotels, restaurants and boarding houses to cater to different classes of tourists;
(d) construction of necessary chain of shops or shopping complexes;
(e) construction of prayer halls and meditation halls at strategic places;
(f) provision of amenities as defined in clause (a) of section 2;
(g) laying and relaying of all or any land including, construction and reconstruction of buildings;
(h) provision of drainage, electricity and water supply and sanitation;
(i) raising any land which the Board may consider expedient to raise to facilitate its plan of auction in general and better drainage in particular;
(j) forming open spaces for the better ventilation of the area comprised in the Shree Renuka Yellamma Kshethra
12
or in any adjoining area;
(k) the demolition of all buildings unfit for human habitation and not fitting into the developmental plan;
(l) the demolition of obstructive building or portions of buildings;
(m) the construction and re-construction of buildings, their maintenance and preservation;
(n) the sale, letting or exchange of any property comprised in the scheme;
(o) Provision of accommodation to the employees of the Board;
(p) provision of facilities for communication and transport with parking facilities;
(q) such adjustments and agreements with the existing religious institutions in the geographical area of developmental plan which can be allowed to continue so long as they fit into the scheme of the developmental plan; and
(r) Any other matter for which in the opinion of the Board, it is expedient and incidental to make provision with a view to develop and maintain Shree Renuka Yellamma Kshethra as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation and to protect and develop other places of importance connected with Shree Renuka Yellamma Kshethra.
(2) The development plan prepared under sub-section(1) shall be submitted to the State Level Committee for approval.
(3) The State Level Committee may make such modifications to the plan as it deems necessary, from time to time.
(4) The Board shall have power to under take works and incur expenditure for execution of development plans in accordance with the provisions of the Karnataka Transparency in Public Procurement Act,1999 (Karnataka Act 29 of 2000).
(5) After execution of the development plan under sub-section (1), the Board may, from time to time ,make and take up any new additional development schemes, out of its own or borrowed financial resources or funds from the State Government.
(6) Further the Board shall,-
(a) Carry out a survey of the Shree Kshetra Area and prepare reports on the surveys so carried out;
(b) cause to be carried out such works as are contemplated in the development plan duly approved by the State Level Committee;
(c) formulate as many schemes as are necessary for implementing the development plan of the Shree Kshetra Area in a sustainable manner;
13
(d) to secure and co-ordinate execution of the development plan, town planning schemes and the development to the Shree Kshetra Area in accordance with the said plan and schemes;
(e) raise finance for any project or scheme for the development of the Shree Kshetra Area and to extend assistance to the local authorities in the Region for the execution of such project or scheme;
(f) do such other act and things as may be entrusted by the State Government or as may be necessary for or incidental or conducive to, any matters which are necessary for furtherance of the objects for which the Board is constituted;
(g) to entrust to any local Authority or other agency the work of execution of any development plan or development of the Shree Kshetra area;
(h) to co-ordinate the activities of the local authorities and the Urban Development Board, if any, constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987) exercising jurisdiction within the limits of the Shree Kshetra Area and the Karnataka Urban water Supply and Sewerage Board, the Karnataka Slum Development Board, the Karnataka Power Transmission Corporation, the Karnataka Industrial Areas Development Board, the Karnataka State Road Transport Corporation and such other bodies as are connected with developmental activities in the Shree Kshetra Area;
(i) to supervise and review the progress of expenditure incurred under the plan and performance;
(j) to take action to protect the Board property;
(k) to raise local, regional, national and international awareness about the significance and importance of Shree Kshetra Area;
(l) to promote and encourage proper research to understand the archaeological, historical and environmental values of the architectural importance of Shree Kshetra Area; and
(m) to perform such other functions as may be prescribed.
18. Special powers of the Chairman.- The Chairman shall have special powers to act on his own and direct measures for effective realization of the object in cases of urgency where there is no sufficient time to convene a meeting of the Board, the Chairman shall take action and place the subject before the Board at its immediate next meeting and seek ratification.
19. Power to delegate.- The Board may, by notification, direct that any power exercisable by it under this Act except the power to make regulation, may also be exercised by the Chairman or such officer of the
14
Board as may be specified in the notification subject to such restrictions and conditions as may be specified there in.
20. No other Board or person to undertake development without permission of the Board.- (1) Notwithstanding anything contained in any other law for the time being in force, except with the previous consultation, concurrence and written permission of the Board, no other Board or person shall under take any development within the Shree Kshetra Area.
(2) No local Board shall grant permission for any development referred to in sub-section(1), within the Shree Kshetra Area, unless the Board has granted permission for such development.
(3) Any Board or person desiring to undertake development referred to in sub-section (1), shall apply in writing to the Board for permission to under take such development.
(4) The Board may, after making such inquiry as it deems necessary grant such permission without or with such conditions, as it may deem fit.
(5) Any Board or person aggrieved by the decision of the Board under sub-section (4) may, within thirty days from the date of the decision appeal against such decision to the State Government, whose decision thereon shall be final:
Provided that, where the aggrieved Board submitting such appeal is under the administrative control of the Central Government, the appeal shall be decided by the State Government, after consultation with the Central Government.
(6) In case any person or Board does anything contrary to the decision given under sub-section (4), as modified in sub-section (5), the Board shall have power to pull down, demolish or remove any development under taken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or Board concerned after following due process of law.
21. Power of entry.- The Board may authorize any person to enter into or upon any land or building with or without assistance of workmen for the purposes of,-
(a) making any enquiry, inspection, measurement or survey of land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) marking boundaries and lines by placing marks and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention of any plan or in contravention of any conditions subject to which such permission has been granted; or
(g) doing any other thing necessary for the efficient administration of this Act:
Provided that,-
15
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building:
(ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building; and
(iii) due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the land or building entered.
22. Levy of Fee.- (1) It shall be lawful for the Board to levy, at such rate as may, by regulations be specified, a fee for grant of permission under section 20.
(2) All fee realized under this Act shall be credited to the Board fund.
23. Board fund.- (1) The Board shall have a fund to be called the Board Fund which shall be operated by such officers as may be authorized by the Board.
(2) The Board may accept grants, subventions, contributions, donations and gifts from the Central Government, the State Government, a local authority, any international organization or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
(3) The State Government shall, every year, make a grant to the Board of a sum equivalent to the administrative expenses of the Board till the Board is able to meet its administrative expenses out of its own resources.
(4) All moneys received by or on behalf of the Board by virtue of this Act, and all interests, profits, and other moneys accruing to or borrowed by the Board, shall be credited to the Board Fund.
(5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the Fund shall be deposited in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934(Central Act 2 of 1934) or invested in such securities, as may be approved by the State Government.
(6) The Fund and all other assets vesting in the Board shall be held and applied by it, subject to the provisions of and for the purposes of this Act.
24. Budget.- The Board shall prepare, every year, in such form and at such time as may be prescribed, an annual budget estimate in respect of the next financial year showing the estimated receipts and disbursements of the Board and shall submit a copy there of to the State Government.
25. Annual report.- The Board shall, after the end of each year prepare in such form and before such date as may be prescribed, a report of its activities during such year and submit to the State Government and the State Government shall cause a copy of such report to be laid before both Houses of the State Legislature.
16
26. Subventions and loans to the Board.- (1) The State Government may, from time to time, make subventions to the Board for the purposes of this Act on such terms and conditions, as the State Government may determine.
(2) The State Government may, from time to time advance loans to the Board on such terms and conditions; not inconsistent with the provisions of this Act, as the State Government may determine.
27. Power of Board to borrow.- The Board may from time to time, with the previous sanction of the State Government and subject to the provisions of this Act, and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.
28. Accounts and Audit.- (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules an annual statement of accounts.
(2) The Board shall cause its accounts to be audited annually by the Principal Director, Karnataka State Audit and Accounts Department.
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy there of together with a copy of the report of the audit there on to the State Government and shall cause the accounts to be published in the prescribed manner and place copies there of for sale at a reasonable price.
(4) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.
CHAPTER – V
MISCELLANEOUS
29. Directions by the Board.- (1) The Board may, in order to carry out the assignment plans and schemes formulated under section 17 or any town planning scheme issue directions to any local authority, Urban development Board concerned, Karnataka Urban Water Supply and Sewerage Board, Karnataka Power Transmission Corporation and such other bodies as are connected with developmental activities in the Shree Kshetra Area.
(2) Notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body to which it is issued. On failure, it shall be competent for the Board to take necessary action to carry out the directions issued under sub-section (1) and recover expenses, if any, incurred there for from the body concerned.
17
30. Penalty for breach of the provisions of the Act.- Whoever contravenes any of the provisions of this Act or of any rule, regulation, or bye-law or scheme made or sanctioned there under shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both and in the case of continuing contravention, with additional imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both for each day after the first during which the contravention continues.
31. Offences by Companies.- (1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the company for the conduct of its business 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 this knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Not with standing anything contained in such-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 individuals; and
(b) “Director” in relation to a firm means a partner in the firm.
32. Sanction of prosecution.- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Board or any officer of the Board authorised by it in this behalf.
33. Board may compromise claims by or against it.- The Board may compound or compromise any claim or demand arising out of any contract instituted by or against it for such sum of money or other compensation as it shall deem sufficient:
Provided that, no such claim or demand exceeding fifty thousand rupees shall be compounded or compromised except with the previous approval of the State Government.
34. Members and officers to be public servants.- Every member, every officer and other employee of the Board shall be deemed to be a public servant within the meaning of section 21of the Indian Penal Code,1860.
18
35. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made there under.
36. Control by the State Government etc.- (1) The State Government may give such directions to the Board as in its opinion are necessary or expedient for carrying out the purposes of the Act. The Board shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act and it shall be the duty of the Board to comply with such directions.
(2) The Board shall furnish to the State Government such reports, and other information as the State Government may from time to time require.
(3) If in, or in connection with, the exercise of its powers and discharge of its functions by the Board under this Act, any dispute arises between the Board, and a Local Body or Authority, the decision of the State Government on such dispute shall be final. No court shall have the jurisdiction to entertain such dispute.
37. Application of the Karnataka Public Premises (Eviction of unauthorized occupants) Act, 1974 (Karnataka Act 32 of 1974) to the Board Premises.- (1) Subject to the provisions of sub-section (2), the State Government, may by notification provide from such date as may be specified in the notification that the Karnataka Public Premises (Eviction of Un authorized Occupants) Act,1974 (Karnataka Act 32 of 1974) shall apply to premises belonging to, vesting in, or leased by, the Board as that Act applies in relation to public premises.
(2) On a notification being issued under sub-section (1) and the rules made there under shall apply to the premises of the Board with the following modifications, that is to say,-
(a) the State Government may appoint any officer of the State Government or the Board as it thinks fit, to be the competent officer for the purposes of the aforesaid Act; and
(b) references to "public premises" in that Act and those rules shall be deemed to be references to premises of the Board, and references to "the State Government" in section 6, 7, 8,13,14,15 and 16 of that Act shall be deemed to be references to the Board.
38. Power to amend the schedule.- (1) The State Government may by notification add, amend or omit any of the entries in the Schedule.
(2) Every notification issued under sub-section (1), shall be laid before each house of the state legislature.
(3) The State Government shall notify the Geo-spatial map of the Shree Kshetra Area.
39. Power to make rules.- (1) The State Government may, after previous publication by notification make rules to carry out the purposes of this Act.
19
(2) Every rule made 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 in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or decide that any 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.
40. Power to make regulations.-The Board may subject to the provisions of this Act and the rules made under section 39 and with the previous sanction of the State Government, by notification make regulations to carry out the purposes of this Act.
41. Removal of difficulties.- (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, as the occasion may require do anything not inconsistent with the provisions of this Act which appears to it to be necessary to remove the difficulty:
Provided that, no order shall be made under this section after expiry of two years from the date of commencement of this Act.
(2) Every order made under sub-section(1)shall as soon as may be after it is published, be laid before both Houses of the State Legislature and shall, subject to any modification which the State Legislature may make, have effect as if enacted in this Act.
SCHEDULE
(See section 2 (n)
Shree Kshetra Area:
Savdatti Yellamma Hill, Ramatheertha, Parasgad, Jogul bhavi, Renuka except temples
|
