LexThe MYSORE PALACE (ACQUISITION AND TRANSFER) ACT, 1998
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THE MYSORE PALACE (ACQUISITION AND TRANSFER) ACT, 1998
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
3. Declaration.
CHAPTER II
TRANSFER AND VESTING OF THE MYSORE PALACE
4. Transfer and vesting of the palace in the State Government.
5. General effect of vesting.
6. Legal Representatives or heirs or transferees to be liable for certain prior liabilities.
7. State Government to direct vesting of the Palace in the Board.
8. Amount to be given to legal representatives or heirs or transferees.
9. Payment of further amount.
10. Right of prince to live in portion of the palace, etc.,
CHAPTER III
MANAGEMENT OF THE PALACE
11. Management of the Palace.
12. Duties of persons in-charge of management of the Palace.
13. Duty of persons to account for assets in their possession.
14. Regulation of management of temples and other places of worship, etc.
CHAPTER IV
COMMISSIONER OF PAYMENTS
15. Appointment of Commissioner of Payments.
16. Payment by the State Government to the Commissioner.
17. Certain powers of the State Government and the Board.
18. Claims to be made to the Commissioner.
19. Priority of claims.
20. Examination of claims.
21. Admission or rejection of claims.
22. Disbursement of the amount by the Commissioner.
23. Undisbursed or unclaimed amount to be deposited to the general revenue account.
CHAPTER VI
BOARD OF TRUSTEES
24. The Board of Trustees.
25. Powers and duties of the Board.
26. Appointment of Executive Officer and other Officers.
27. Powers and duties of the Executive Officer and other Officers.
28. Suits and other legal proceedings by or against the Board.
29. Fund.
30. Power to borrow.
31. Utilisation of the Fund.
32. Audit.
33. Budget.
CHAPTER VII
MISCELLANEOUS
34. Act to have overriding effect.
35. Contract to cease to have effect unless ratified by the Board.
36. Protection of action taken in good faith.
37. Penalties.
38. Offences by companies.
39. Revision.
40. Delegation of powers.
41. Power to make rules.
42. Power to remove difficulties.
43. Abatement of proceedings under the Land Acquisition Act, 1894.
SCHEDULE I
SCHEDULE II
SCHEDULE III
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 32 of 1988 . - 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 t he Dasara Festivity in Karnataka renowed 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 tranfer by law, the Mysore Palace and the
surrounding vacant land including buildings, temples and o ther 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 tranferees for the tranfer and vesting of the palace in the State Government;
(5) permitting Sri Srikantadatta Narasimaraja 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.
(Obtained from L.C Bill No.1 of 1998)
II
Amending Act 34 of 2013. - It is considered necessary to amend the Mysore
Palace (Acquisition and Transfer) Act, 1998 to make provision to appoint of the
"Commissioner for Archaeology, Museum and Heritage Department" in the place of the
"Director Archaeology" as a member to the Board of Trusties of the Administration and
Management of the Palace.
Hence the Bill.
[L.A. Bill No. 2 of 2013, File No. Samvyashae 64 Shasana 2012]
[Entry 42 of List III of the Seventh Schedule to the Constitution of India.]
* * * *
KARNATAKA ACT No. 32 OF 1998
(First Published in the Karnataka Gazette Extraordinary on the Thirtieth day of November,
1998)
THE MYSORE PALACE (ACQUISITION AND TRANSFER) ACT, 1998
(Received the assent of the President on the Twenty-eighth day of August,1998)
(As amended by Act 34 of 2013)
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 renowed 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 R egulation) 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 St ate 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 18.8.75, 3.9.75, 7.2.76 and 10.2.76 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 26.2.76 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 against it 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, dt.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 Treasur e 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 Regulati on) Act, 1976 are
challenged;
BE it enacted by the Karnataka State Legislature in the forty -nineth year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.- This Act may be called the Mysore Palace (Acquisition
and Transfer) Act, 1998.
(2) It shall come into force on such 1[date]1 as the State Government may, by
notification, appoint, and different dates may be appointed for different provisions of the Act.
1. Act came into force on 30.11.1998 by notification. Text of the notification is at the end of the act
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 My sore and the surrounding vacant land more
fully described in Schedule I, 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 movables left with the legal representatives or heirs, while transfering charge of
articles in pu rsuance 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 payment 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 representitves 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.
3. Declaration.- In pursuance of Article 31C of the C onstitution 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.
CHAPTER II
TRANSFER AND VESTING OF THE MYSORE PALACE
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.
5. General effect of vesting. - (1) The Palace shall be deemed to include all assets, rights,
leaseholds, powers, authoriti es 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, judgement, 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 paym ent 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 his rights or
interest, payment of the mortgage money or other dues in w hole 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 ot her 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 discont inued 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.
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 P alace 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 agains t 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.
7. State Government to direct vesting of the Palace in the Board. - (1) Notwithstanding
anything contained in sections 4 and 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.
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.
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 representa tives 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 referrred 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.
10. Right of prince to live in portion of the palace etc,. - Notwithstanding anything
contained in this Act Sri Srikantadatta Narasimharaja 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 outside 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 vac ant posession thereof to the
State Government or the Board, as the case may be.
CHAPTER III
MANAGEMENT OF THE PALACE
11. Management of the Palace. - The general superintendance, 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.
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 s uch 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.
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 paper 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.
14. Regulation of Management of Temples and other places of worship, etc., .- (1)
Notwithstanding anything c ontained 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 custom ary 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 worship 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.
CHAPTER IV
COMMISSIONER OF PAYMENTS
15. Appointment of Commissioner of payments.- (1) The State Government shall, for the
purpose of disbursing the amount payable under section 8, by noti fication 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 thereupon 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 exer cise 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.
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
payment, 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.
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 the 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 discharged 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.
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 specified date:
Provided that if the Commissioner is satisfied that the claimant was prevented by suf ficient
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.
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 have
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 ari se only if surplus is left after meeting all the liabilities specified in the
immediate higher category.
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 sp ecified 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.
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 news paper 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 Authority under the
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 proce eding
within the meaning of sections 193 and 228 of the Penal Code 1860 and the Commissioner
shall be deemed to be a Civil Court for the purposes of section 195 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.
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.
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 preceeding the date on which the office of the Commissioner is
finally wound up, shall be transferred 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 wit h 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.
CHAPTER V
BOARD OF TRUSTEES
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 ... Chairman
of Karnataka.
(2) The Secretary to Government,
Finance Department ... Member
(3) The Secretary to Government ... Member
Department of Law
(4) The Secretary to Government, ... Member
Public Works Department
(5) The Secretary to Government
incharge of Muzarai Institutions in
the Revenue Department ... Member
1[(6) The Commissioner for Archaeology
Museum and Heritage Department . … Member]1
(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.
1. Substituted by Act Section 2 of 34 of 2013 w.e.f. 12.03.2013
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 Wear 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.
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 section 21 of the Indian Penal Code,
1860.
27. Powers and duties of the Executive Officer and other officers. - (1) Subject to such
restrictions and conditions as may be laid down by t he 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 o f emergency direct execution of any work or 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.
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.
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.
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.
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.
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.
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 VI
MISCELLANEOUS
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 i nstrument having effect by virtue of any law
other than this Act or in any judgement, decree or order of any court, tribunal or any other
authority.
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
badfaith 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.
36. Protection of action taken in good faith. - (1) No suit, prosecution or other legal
proceedings 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 orExcerpt shown. Open the full act in Lexace.