The SHREE RENUKA YELLAMMA KSHETRA TOURISM DEVELOPMENT BOARD ACT, 2023
Karnataka · state statute
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KARNATAKA ACT NO.05 OF 2024
SHREE RENUKA YELLAMMA KSHETRA TOURISM DEVELOPMENT
BOARD ACT, 2023
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
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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
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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 oth er 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 t o 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]
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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 ens ure 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 i ts 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 a s 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
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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 P resident 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 Quarter s at Shree Renuka
Yellamma Kshetra in Savadatti Taluk, Belgavi District.
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(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 mem bers 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,-
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(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
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(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
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Central Government or a State Government or a B ody
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 wit h 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
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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 info rmation 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 clos e 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.
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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 Yellamm a 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 board ing 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
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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 ma intain 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;
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(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 A reas 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, histor ical 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
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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, wher e 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 any thing 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,-
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(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 gra nt 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 t he 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.
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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 t ime,
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 a nnually 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 Gove rnment 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, K arnataka 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 comp lied 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.
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30. Pe nalty 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 y ear 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 su ch-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 compo und 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 compound ed 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.
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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 direc tions 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 Author ity, 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.
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(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 o f 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 deci de 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
The above translation of
, 2023 (2024 ರ : 05 ) be
published in the official Gazette under cl ause (3) of Article 348 of the
constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of
the Governor of Karnataka,
(G. SRIDHAR)
Secretary to Government
Department of Parliamentary
Affairs and Legislation
Lex