The PILIKULA DEVELOPMENT AUTHORITY ACT, 2018
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KARNATAKA ACT NO 09 OF 2018
The Pilikula Development Authority ACT, 2018
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
CHAPTER - I
PRELIMINARY
1. Short title and Commencement
2. Definitions
CHAPTER - II
PILIKULA DEVELOPMENT AUTHORITY
3. Constitution of the Authority
4. Objectives
5. Term of Office and Conditions of Services
6. Disqualification for nominated membership
7. Removal of member
8. Meetings of the Authority
9. State Level Advisory Committee
10. Powers and functions of the Authority
11. Special Powers of the Chairperson
12. Committees of the Authority
CHAPTER –III
Officers of the Authority and Their Duties
13. Appointment of the Commissioner
14. Powers and Duties of the Commissioner
15. Appointment of Accounts Officer
16. Method of Recruitment and Conditions of Service of Officers and
Staff
17. Employees of the Authority
18. Officers of the Department
19. General disqualification for services under the Authority
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CHAPTER-IV
DEVELOPMENT AND MAINTENANCE
20. Preparation of developmental Plan, its approval and execution
21. Subsequent Development Works
22. Delegation of Powers
23. Application of Karnataka Act 32 of 1974
CHAPTER -V
FINANCE AND PROPERTY
24. Fund of the Authority
25. Application of Fund
26. Grant by the Government
27. Budget
28. Accounts and Audit
29. Reports
CHAPTER - VI
MISCELLANEOUS
30. Certain persons to be Public Servants
31. Protection of action taken under this Act
32. Default in performance of duty
33. Dissolution of the Authority
34. General administrative control by the Government
35. Government's Powers to give Directions
36. Removal of Difficulties
37. Act to over-ride other laws
38. Power to amend the Schedule
39. Power to make Rules
40. Power to make Regulations
41. Transitory provisions
SCHEDULE
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STATEMENT OF OBJECTS AND REASONS
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Act 9 of 2018.- It is considered necessary to provide for, constitution
the Pilikula Development Authority for conservation of biodiversity, heritage
and culture of Western Ghats and coastal Karnataka as well as creating a
stimulating environment for learning of science for students and inculcating
an awareness in science, technology engineering and mathematics based
developments for the general public, besides the promotion of tourism for
the purposes related thereto, in the Pilikula area at Mangaluru, Dakshina
Kannada District and to;
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(i) Popularization of Science and Technology Developments for human
welfare.
(ii) Development of a good educational and resource centre for students
and teachers for enriching their knowledge in one stop destination.
(iii) Creating an awareness and development of scientific attitude and
thinking among the general public.
(iv) Conservation of biodiversity and facilities for research and
development.
(v) Protection of culture and heritage of Western Ghats and Coastal
Karnataka.
(vi) Development of scientific attitude for environment and promotion of
Eco-education and Eco-tourism.
(vii) Dissemination of scientific information and better practices for
various target groups.
(viii) To identify, encourage and nurture creative scientific talent
especially among children and youth.
(ix) To identify priority areas of Science and Technology, which are
useful for long term development of the State.
(x) To organize and/or assist in organizing training courses,
workshops, seminars, conferences, discussions, invited talks,
consultancy services and exhibitions.
(xi) To supplement science education through hands-on minds-on
concept and through experimentation to foster a spirit of scientific
enquiry and creativity among students.
(xii) To popularize astronomy based education and related branches
such as space science, technology and innovation among students
and general public through creating an interesting and stimulating
learning situation.
(xiii) Learning science as an enjoyment, creating a positive experience
about science, its history and philosophy along with heritage and
culture.
(xiv) Providing a platform for other educational outreach activities
including social studies, art and culture.
(xv) Exploration of various components of Pilikula through the concept
of Science through tourism and tourism through science.
Hence, the Bill.
[L.A. Bill No.54 of 2018, File No. Samvyashae 08 Shasana 2018]
[entries 32, 33 and 35 of List II of the Seventh Schedule to the Constitution of
India.]
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KARNATAKA ACT NO 09 OF 2018
(First Published in the Karnataka Gazette Extra-ordinary on the Ninth day of March, 2018)
THE PILIKULA DEVELOPMENT AUTHORITY ACT, 2018
(Received the assent of the Governor on Seventh day of March 2018)
An Act to provide for the establishment of an Authority for
conservation of biodiversity, heritage and culture of Western Ghats and
coastal Karnataka as well as creating a stimulating environment for
learning of science for students and inculcating an awareness in science,
technology engineering and mathematics based developments for the
general public, besides the promotion of tourism for the purposes related
thereto, in the Pilikula area at Mangaluru, Dakshina Kannada District.
Whereas it is expedient to provide for the establishment of an
Authority for conservation of biodiversity, heritage and culture of Western
Ghats and coastal Karnataka as well as creating a stimulating environment
for learning of science for students and inculcating an awareness in science,
technology engineering and mathematics based developments for the
general public, besides the promotion of tourism for the purposes related
thereto, in the Pilikula area at Mangaluru, Dakshina Kannada District and
for matters connected therewith or incidental thereto;
Be it enacted by the Karnataka State Legislature in the Sixty-ninth
year of the Republic of India as follows:-
CHAPTER - I
PRELIMINARY
1. Short title and Commencement.- (1) This Act may be called the
Pilikula Development Authority Act, 2018.
(2) It shall come into force from such date as the Government may by
notification appoint and different dates may be appointed for different
provisions of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Advisory Committee” means the State Level Advisory Committee
constituted under section 8;
(b) "Amenity" includes roads, streets, sub-ways, lighting, drainage,
sanitation, electricity and water supply or other convenience, public
works, market places, post office, bank, hospitals, dispensary,
police station, fair price shop, milk booth, library, recreation
centers, service stations of any public utility service authorized by
the Authority or other facility; and such other amenity the
Government may notify from time to time;
(c) "Authority" means the Pilikula Development Authority constituted
under section 3;
(d) "Chairman" means the Chairman of the Authority;
(e) "Commissioner" means the Commissioner of the Authority
appointed under section 13;
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(f) “Development” with its grammatical variations means the 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
redevelopment and establishment of new buildings to promote the
objectives of the authority, infrastructures and sub-division of any
land including amenities;
(g) "Fund" means the fund of the Authority;
(h) “Government” means Government of Karnataka;
(i) “Local Authority” means a Municipal Corporation, Municipal
Council, Town Municipal Council, Town Panchayat, Zilla
Panchayat, Taluk Panchayat, Grama Panchayat and a local
authority is a “local authority” concerned, if any land within its local
limits fall in the area of a plan prepared or to be prepared under the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11
of 1963);
(j) “Land” includes benefits arising out of land and things attached to
the earth or permanently fastened to anything attached to the
earth;
(k) “Natural Environs” includes the rivers, river beds, rocks, water
sources, wild life and vegetation located in the Pilikula area;
(l) “Member” means a member of the Authority;
(m) "Pilikula Area" means and includes Pilikula Nisargadhama Area
specified in the schedule and such other area declared by the State
Government, by notification from time to time;
(n) "Regulations" means the regulations of the Authority made under
section 40;
(o) “Schedule” means a schedule appended to this Act;
(p) "Society" means the Dr. Shivaram Karanth Pilikula Nisargadhama
Society or the Pilikula Regional Science Centre Society; and
CHAPTER - II
PILIKULA DEVELOPMENT AUTHORITY
3. Constitution of the Authority.- (1) As soon as may be, after the
commencement of this Act, there shall be established for the purposes of
this Act, an Authority called the Pilikula Development Authority.
(2) The Authority shall have its head quarters at Pilikula in Mangaluru,
Dakshina Kannada District.
(3) The Authority shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal with power to acquire, hold
and dispose of property, both movable and immovable, and to contract and
shall by the said name sue and be sued.
(4) The Authority shall consist of following members, namely:-
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1 The Deputy Commissioner, Dakshina Kannada
District
Chairman
2 The Members of Legislative Assembly, Mangaluru
South, Mangaluru North and Mudubidre
Constituencies.
Members
3 The Commissioner, Department of Public Instructions Ex-officio Member
4 The Commissioner, Department of Archaeology,
Museums and Heritage
Ex-officio Member
5 The Chief Executive Officer, Zilla Panchayat,
Dakshina Kannada.
Ex-officio Member
6 The Commissioner of Police, Mangaluru Ex-officio Member
7 The Commissioner, Mangaluru City Corporation. Ex-officio Member
8 The Commissioner, Mangaluru Urban Development
Authority, Mangaluru.
Ex-officio Member
9 The Director General, National Council of Science
Museums, Kolkata.
Ex-officio Member
10 The Conservator of Forest, Mangaluru Circle Ex-officio Member
11 The Director, Department of Science and Technology. Ex-officio Member
12 The Director, Department of Tourism. Ex-officio Member
13 The Director, Department of Kannada and Culture Ex-officio Member
14 The Director, Department of Horticulture. Ex-officio Member
15 The Member Secretary, Coastal Development
Authority .
Ex-officio Member
16 Director, National Institute of Technology Karnataka
or his Representative
Ex-officio Member
17 The Registrar, Mangalore University Ex-officio Member
18 The Superintendent Engineer, Public Works, Ports
and Inland Water Transport Department.
Ex-officio Member
19 The Managing Director, Mangaluru Electricity Supply
Company.
Ex-officio Member
20 The Captain, Pilikula Golf Course Member
21 The President, Moodushedde Grama Panchayat Member
22 Three Members who are experts in the field of
Culture, Wildlife, Plant Life, Science, Technology,
Heritage, Fisheries and Tourism - to be nominated by
the Government.
Non-official
Members
23 The Commissioner, Pilikula Development Authority Ex-officio
Member Secretary
(5) The Ex-officio members may nominate their representatives, in case
of their inability to attend the meetings of the Authority personally.
4. Objectives.- An overall objective of the Pilikula Development
Authority is to develop the Centre in an integrated and scientific way to
provide an opportunity for learning of science through tourism and learning
of tourism through science. The detailed objectives are as follows:-
(i) popularization of Science and Technology Developments for human
welfare;
(ii) development of a good educational and resource centre for students
and teachers for enriching their knowledge in one stop destination;
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(iii) creating an awareness and development of scientific attitude for
environment and promotion of Eco-education and Eco-tourism and
thinking among the general public;
(iv) conservation of biodiversity and facilities for research and development;
(v) protection of culture and heritage;
(vi) dissemination of scientific information and better practices for various
target groups;
(vii) to identify, encourage and nurture creative scientific talent especially
among children and youth;
(viii) to identify priority areas of Science and Technology, which are useful
for long term development of the State;
(ix) to organize and/or assist in organizing training courses, workshops,
seminars, conferences, discussions, invited talks, consultancy services
and exhibitions;
(x) to supplement science education through hands-on minds-on concept
and through experimentation to foster a spirit of scientific enquiry and
creativity among students;
(xi) to popularize astronomy based education and related branches such as
space science, technology and innovation among students and general
public through creating an interesting and stimulating learning
situation;
(xii) learning science as an enjoyment, creating a positive experience about
science, its history and philosophy along with heritage and culture;
(xiii) providing a platform for other educational out reach activities including
social studies, art and culture; and
(xiv) exploration of various components of Pilikula through the concept of
Science through tourism and tourism through science;
5. Term of Office and Conditions of Services.- (1)Subject to the
pleasure of the Government, the non-official members nominated by the
Government shall hold office for a period of three years.
(2) Any non-official nominated member may resign his office by writing
addressed to the Chairperson of the Authority but shall continue in
his office until his resignation is accepted by the Government.
(3) The non-official member shall receive such allowances as may be
prescribed.
6. Disqualification for nominated membership.- A person shall be
disqualified for being appointed as and for being a member if he,-
(i) has been convicted and sentenced to imprisonment for an offence
which in the opinion of the Authority involves moral turpitude; or
(ii) is of unsound mind and stands so declared by a competent
authority; or
(iii) is an undercharged insolvent; or
(iv) has been removed or dismissed from service of the Central or State
Government or a body or corporation owned or controlled by the
Central Government or a State Government; or
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(v) has directly or indirectly by himself or as partner, has any share or
interest in any work done by the order of the Authority or in any
contract or employment with or under or by or on behalf of the
Authority; or
(vi) is employed as a paid legal practitioner on behalf of the Authority
or accept employment as legal practitioner against the Authority:
Provided that no person shall be disqualified under clause (v) 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 newspaper in which any advertisement relation to the affairs
of the Authority is inserted.
7. Removal of member. - (1) The Government shall remove a member
if,-
(a) he becomes subject to any of the disqualifications mentioned in
section 6:
Provided that no member shall be removed on the ground that
he has become subject to the disqualification mentioned in clause (v)
of section (6), 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 obtaining leave of absence from the Authority, absents
from three consecutive meetings of the Authority;
Provided that this clause shall not be applicable in case of ex-
officio
members; or
(d) in the opinion of the 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 repr esentation
against the proposal.
8. Meetings of the Authority.- (1) The meetings of the Authority shall
be convened by the Chairperson or the Commissioner with the prior
approval of the Chairperson and it shall ordinarily meet at least once in
three months at such place within the jurisdiction of the Authority or at the
head quarters of the authority and at such time, as may be determined by
the Chairperson.
(2) The Authority shall observe such rules of procedure with regard to
the transaction of business at its meetings as may be specified by
regulations not inconsistent with the provisions of this Act and rules made
these under
(3) All questions which come up before any meeting of the Authority
shall be decided by majority of the votes of the members present and voting
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and in the event of an equality of votes, the Chairperson or in his absence
the person presiding, shall have and exercise a second or casting vote.
(4) A member shall not, at any meeting of the Authority take part in
the discussion or vote on any matter in which he has directly or
indirectly by himself or his partner, any share or interest.
(5) The Decisions of the Authority shall be, by unanimous affirmative
vote of the members present and voting. If there is any difference of opinion
on any particular subject coming for decision before the Authority, the
commissioner shall refer the matter to the Government and the decision of
the Government in such matters shall be final and conclusive:
Provided that if in t he opinion of the commissioner any resolution of
the Authority contravenes any provision of this Act or any other law or of
any rule notification or regulation made or issued under this Act or any
other law or of any order passed by the Government or is prejudicial or
detrimental to the interests of the Authority of the interests of the
development and maintenance of Pilikula area he shall within fifteen days of
the passing of the resolution, refer the matter to the Government for orders
thereon and inform the Authority at its next meeting, of the action taken by
him and until orders of the Government on receipt of such reference the
commissioner shall not bound to give effect to such resolution,
9. State Level Advisory Committee.- (1) There shall be a State Level
Advisory Committee consisting of the following members, namely:-
1 The Minister incharge of Science and Technology President
2 The Minister Incharge of Dakshina Kannada
District
Co-President
3 The Minister incharge of Tourism Co- President
4 The Member of Parliament representing the district
of Dakshina Kannada
Member
5 The Members of Legislative Assembly, Mangaluru
South, Mangaluru North and Mudubidre
Constituencies
Member
6 The Members of Legislative Council who are
registered as voter in the constituencies of
Mangaluru South, Mangaluru North and
Mudubidre
Member
7 The President, Zilla Panchayat Dakshina Kannada Member
8 The Mayor, Mangalore City Corporation Member
9 The Chairperson, Mangalore Urban Development
Authority, Mangaluru
Member
10 The Development Commissioner cum Additional
Chief Secretary, Government of Karnataka
Ex-officio Member
11 The Additional Chief Secretary/Principal
Secretary/Secretary to Government, Department of
Finance
Ex-officio Member
12 The Additional Chief Secretary/Principal
Secretary/Secretary to Government, Department of
Commerce and Industry
Ex-officio Member
13 The Additional Chief Secretary/Principal Secretary
to Government, Department of Energy
Ex-officio Member
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14 The Additional Chief Secretary/Principal Secretary
to Government, Department of Forest, Ecology and
Environment
Ex-officio Member
15 Secretary, Government of India, Ministry of
Environment and Forest or his representative.
Ex-officio Member
16 The Principal Secretary/Secreta ry to Government,
Department of Information Technology,
Biotechnology and Science and Technology
Ex-officio Member
17 The Additional Chief Secretary/Principal Secretary
to Government, Rural Development and Panchayat
Raj
Ex-officio Member
18 The Additional Chief Secretary/Principal Secretary
to Government, Department of Education (Primary
and Secondary Education)
Ex-officio Member
19 The Principal Secretary to Government,
Department of Tourism
Ex-officio Member
20 The Secretary to Government, De partment of
Kannada and Culture
Ex-officio Member
21 The Secretary to Government, Department of
Fisheries
Ex-officio Member
22 The Secretary to Government, Department of
Agriculture and Horticulture
Ex-officio Member
23 The Deputy Commissioner, Mangalore Ex-officio Member
24 The Vice-Chancellor, Mangalore University Ex-officio Member
25 The Director General, National Council of Science
Museum
Ex-officio Member
26 The Member Secretary, Karnataka State Pollution
Control Board
Ex-officio Member
27 Three Members who are experts in the field of
Culture, Wildlife, Plant Life, Science, Technology,
Environment, Heritage, Fisheries and Tourism - to
be nominated by the Government.
Non-official
Members
28 The Commissioner, Pilikula Development Authority Member
Secretary
(2) The Advisory Committee may if it deems necessary invite any
person who is an expert in the field of Culture, Wildlife, Plant Life, Science,
Technology, Environment, Heritage, Fisheries, Tourism and other related
fields.
(3) The Advisory Committee shall co-ordinate and monitor the
activities of the Authority and advise the Authority on all matters concerning
the conservation of the biodiversity, heritage and culture of Western Ghats
and coastal Karnataka as well as creating a stimulating environment for
learning of science and technology for students and inculcating an
awareness in science and technology developments for the general public,
besides the promotion of tourism within the Authority.
(4) The Commissioner of Authority shall function as Member Secretary
of the Advisory Committee and he shall convene the meeting of the
committee atleast once in six months, at such place and at such time and
shall adopt such procedure as may be prescribed.
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(5) The Chairperson of the Authority shall present the development
plan and place the Accounts of the previous year and also the budget for the
current year before the Advisory Committee.
(6) Advisory Committee shall go through the Audited accounts of the
last year, Budget of the Current year and Annual Development Plan of the
Project.
(7) Advisory Committee shall give suggestions in terms of Development
of the Project, Finances, Administration, for which Authority shall give due
importance while administrating and managing various projects of the
Authority.
(8) The decisions of the Advisory Committee shall ordinarily be
adopted by the Authority. If for any reasons, the Authority does not
implement suggestions, the Authority shall come back to Advisory
Committee with reasons. If Advisory Committee does not accept the stated
reasons, the matter shall be referred to the Government. The decision of the
Government shall be final in all such cases.
10. Powers and functions of the Authority.- (1) The Authority shall
have power generally to do anything that in its opinion is necessary to do or
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) Subject to the provisions of this Act and the rules made there-
under, the functions of the Authority shall be to,-
(i) manage and administer all affairs, funds and properties of the
Authority;
(ii) sanction all posts of different cadres in the Authority on
permanent or temporary basis with the approval of Government;
(iii) appoint the Chairperson and members of the committees or
sub-committees of the Authority;
(iv) grant administrative sanction for all works within such limit as
may be prescribed, to call for tenders or services to be taken for
the Authority in accordance with the Karnataka Transparency in
Public Procurement Act, 1999 (Karnataka Act 12 of 1999);
(v) acquire land by purchase, gift, exchange lease, hire or
otherwise, whomsoever, from the Government and other public
bodies or private individuals, movable and immovable
properties or other funds together with any attendant
obligations and engagements not inconsistent with the objects
of the Authority and the provisions of this Act and rules made
thereunder;
(vi) negotiate, enter into and execute agreements, contracts and
documents on behalf of the Authority and vary and withdraw
such agreements, contracts and documents;
(vii) borrow or raise money which may be required for the purpose of
the Authority upon bonds, debentures, or other obligations or
securities of the Authority or by mortgage, charge hypothecation
or pledge of any movable or immovable properties of the
Authority;
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(viii) verify financial accounts every three months and pass the
accounts;
(ix) appoint such other advisory bodies and other special
Committees for such purposes and with such powers as the
Authority may decide and also to dissolve any of the
Committees and advisory bodies so constituted;
(x) delegate to any Committee or officer of the Authority such
administrative, financial or other powe rs of the Authority as it
deems proper and also to prescribe limitations within which
these powers and duties are to be exercised or discharged and
provide guidelines in that regard;
(xi) institute, conduct, compound or abandon any legal proceedings
by or against the Authority or its officers or otherwise
concerning the officers and also to compound and allow time for
payment or settlement of any debts due and of any claims or
demands by or against the Authority and refer any differences or
arbitration and observe and perform any award made thereon;
(xii) do all such acts, deeds, matters and things as are incidental or
conducive to the attainment of the objects specified in the Act;
(xiii) discuss and pass or approve the
(a) annual Budget;
(b) annual Action Plan;
(c) annual Administrative Report; and
(d) annual Audit Report;
(xiv) alter, accept or reject any decisions or reports of the
Committees, advisory bodies and also to give directions to the
Committees in the best interest of the Authority;
(xv) decide on the issues of enhancing financial resources and to
balance the income and expenditure of the Authority;
(xvi) decide on the issues of safety and security of the assets of the
Authority;
(xvii) fix the financial powers of the Commissioner in terms of
sanctions and payments;
(xviii) approve Project reports for seeking financial assistance from
central government or State Government or any other
organizations;
(xix) approve various programmes to be undertaken or to be
organized from time to time and to sanction financial grants for
such programmes for organizing the same;
(xx) function as an appellate authority for decisions under sub
section (3) of section 17 against the staff of the Authority,
including Commissioner, Directors, Heads of the Departments of
sections, their promotions and other service matters and on all
issues relating to staff of the Authority;
(xxi) sanction leave to the Commisssioner and to make in charge
arrangements to the post of the Commisssioner during his
absence from office;
(xxii) appoint consultants for the project and fixing their
remunerations based on the need and requirements;
(xxiii) look into the matters of security, health and cleaning, water
supply, well being of wild animals in Zoo, staff welfare issues,
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augmenting the resources, publicity and brand building of
Pilikula project etc;
(xxiv) decide on the projects to be given on Public Private Partnership
on Build-Own and Transfer Scheme to decide on lease or giving
a contract for better utilization of the facilities of the Authority:
provided that the role of any private partners under Public
Private Partnership must be clearly defined. Their profit shall
not exceed the profit of the Government in the project. There
has to be equal financial contribution by the private partner;
(xxv) enter into and perform all such contracts as it may consider
necessary or expedi ent for carrying out any of the purposes of
this Act subject to such rules as may be prescribed and every
contract shall be made on behalf of the Authority by the
Commissioner;
(xxvi) make provision for the maintanance of Pilikula area, which
shall include the manner in which the properties shall be
managed, the rates, fees or other charges that shall be collected
from the visitors to Pilikula area for the various facilities that
they shall make use of in Pilikula and for such other matters as
may be convenient, like power to levy license fee, as may be
determined by the Authority, from the licencee or persons in
possession of the properties of Authority;
11. Special Powers of the Chairperson. - The Chairperson shall have
such special power to act on his own and direct measures for effective
realization of the object in case of urgency where there is no sufficient time
to convene a meeting of the Authority, the chairperson shall take action and
place the subject before the authority at its immediate next meeting and
seek ratification. The quorum shall be fifty percent or more.
12. Committees of the Authority.- (1) The Authority may, for any
specific purpose constitute committees consisting of such number of
members including the Chairperson, but shall not be more than nine
members including the Chairperson.
(2) The Authority shall nominate the Chairperson of the committee and
if required may appoint outside experts as Chairperson and Members of the
committees by virtue of their expertise.
(3) The Commissioner of the Authority shall be invariably the Member
Secretary of committees.
(4) The committees shall exercise such of the powers and perform such
duties of the Authority, which are delegated by the Authority.
(5) The Committee shall meet as many times as the Chairperson
decides and complete the task given by the Authority within the time limit
prescribed.
CHAPTER –III
Officers of the Authority and Their Duties
13. Appointment of the Commissioner.- (1) As soon as may be after
the commencement of this Act, the Government shall appoint an officer
belonging to senior scale of the Karnataka Administrative Service or any
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State civil service officer not below the rank of Deputy Secretary to the
Government to be the Commissioner of the Authority.
(2) The Commissioner shall receive such salary and other allowances
as the Government may, from time to time, determine.
14. Powers and Duties of the Commissioner.- (1) The commissioner
shall be the Chief Executive Officer and administrative of the Authority and
shall be responsible for the management of the whole affairs of the Authority
subject to the superintendence, control and direction of the Authority.
(2) The Commissioner shall, in addition to performing such functions
as are conferred on him by or under this Act or under any law for the time
being in force,-
(i) to implement the resolution of the Authority which is within the
Government guidelines;
(ii) to conduct the business of the Authority and keep
correspondence;
(iii) to carry out and execute such schemes and works as the
Authority may direct and incur necessary expenditure there-of;
(iv) to operate the Bank accounts of the Authority and be
responsible for the maintenance of the accounts of the
Authority;
(v) to exercise supervision and control over the officers and officials
of the Authority in matters of executive, administration and
service conditions of such officers and officials and regulation of
their pay and allowances;
(vi) to furnish to the Government a copy of the minutes of the
proceedings of the Authority and any returns, or other
information which the Government may, from time to time, call
for;
(vii) to discharge such other functions which are conferred on him
by or under this Act or any other law for the time being in force
at the time;
(viii) he shall prepare the Annual report and Audited Accounts of the
Authority and place before the Authority for approval;
(ix) he shall represent before any court of law, legal authority or
any statutory body on behalf of the Authority and to appoint
any legal counsel, consultant or the experts on behalf of the
Authority to represent or to defend the Authority;
(x) he shall be the custodian of all the records of the Authority;
(xi) he shall protect all assets and properties of the Authority and
take all such actions in consultation with the Authority to
protect them;
(xii) he shall be the legal signatory on behalf of the Authority before
any authority or court of law or for any contracts or agreements
on behalf of the Authority; and
(xiii) he shall exercise such administrative and financial powers as
the Authority decides and delegates from time to time.
15. Appointment of Accounts Officer.- (1) The Government shall
appoint an officer of the State audit and Accounts Department, not below
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the rank of a Group A (Junior Scale) Officer to be the Accounts Officer of the
Authority.
(2) The Accounts Officer shall report to the Commissioner and shall
exercise such powers and perform such duties as may be prescribed.
16. Method of Recruitment and Conditions of Service of Officers
and Staff.- (1) The Government shall provide such other officers and staff as
may be necessary to the Authority. The method of recruitment and the
conditions of service and other officers and staff of the Authority and the
powers and duties of the Commissioner shall be such as may be prescribed
by rules.
(2) The Administrative expenses, salary and allowances o the officers
and staff of the Authority shall be defrayed out of the fund of the Authority.
17. Employees of the Authority.- (1) Subject to such rules as may
be prescribed, the Authority may appoint through the Government such
number of employees as sanctioned earlier for effective implementation of
the Act and to develop the projects:
Provided that, until the Government prescribe rules, under this Act,
the method of recruitment and conditions of service of the employees
working in Dr. Shivarama Karantha Pilikula Nisargadhama and Pilikula
Regional Science Centre Society on the date of commencement of this Act
shall be continued under the existing terms and conditions of service.
(2) The existing employees of Dr.Shivaram Karantha Pilikula
Nisargadhama Society and Pilikula Regional Science Centre Society shall on
priority become the employees of Pilikula Development Authority. The
salaries, allowances and other conditions of service of the employees referred
to in sub-section (1), shall be as may be prescribed by the Government.
(3) The absorption of the staff and the fixation of the scale of pay shall
be as per the approval of the Government, including creation of required
staff strength.
(4) The Authority shall be the appellate authority in respect of
disciplinary matter of the employees of the Authority and shall exercise
general control and supervision over the employees of the Authority.
18. Officers of the Department.- (1) Pilikula shall have staff on
deputation from concerned line Departments to look after works related to
their respective Departments. These posts shall be sanctioned by the
Government.
(2) Each Components shall be headed by a senior officer from the
respective Departments, who shall be responsible for efficient running of the
Component.
(3) The power and responsibility for each heads of the component shall
be decided by the Authority from time to time.
19. General disqualification for services under the Authority.- (1)
No person who has directly or indirectly by himself or through his partner or
through his agent, any share or interest in any contract, by or on behalf of
the Authority or in any employment under, by or on behalf of the Authority,
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otherwise than as an officer or employee thereof, shall become or remain an
officer or employee of the Authority.
(2) The Authority shall define roles and responsibility of each officer by
creating a job chart which shall be followed along with other unforeseen
works and duties assigned by the Authority from time to time. The
Commissioner shall supervise the working conditions of all employees.
CHAPTER-IV
DEVELOPMENT AND MAINTENANCE
20. Preparation of developmental Plan, its approval and execution.-
(1) The Authority shall, as soon as may be, after its constitution, prepare a
plan for the development of Pilikula area for the conservation of bio
diversity, heritage and culture, and promotion and creation of awareness in
science and technology among general public and students as well as
promotion of tourism. The development plan shall be,-
(i) for protection and promotion of wild life, and propagation of
awareness and knowledge among the people regarding the importance of
conservation of Wild Life for maintaining an ecological balance;
(ii) for propagation of knowledge about the flora and
fauna,importance of developing gardens etc.,;
(iii) for propagation of knowledge of marine Life, Ocean awareness
for which establishment of Ocean Awareness Center and Marine and
Fresh Water Aquarium to undertake study on native fresh water fish
species and Marine species;
(iv) for reclaiming and upgrading the degraded forests as well as
preservation, and management of the biodiversity found in the area
including micro flora and fauna;
(v) for recharge of rain water for improvement of underground
water table;
(vi) for creation of awareness about Western Ghats for maintaining
ecological and environmental balance and for establishment of Western
Ghats Resource Centre;
(vii) for creation and awareness about traditional Medicinal Plants
and establishment of Medicinal plants park;
(viii) for providing facilities for studies and research for students;
(ix) for promotion and dessemination of scientific knowledge and to
create interest in various fields of science and technology among general
public and students, and to facilitate them to have hands on experience;
(x) for providing practical demonstrations or observations of living
examples;
(xi) to update the latest developments in the field of space science,
biotechnology, nanotechnology, information science and to pass the
knowledge to the younger generation;
(xii) to establish linkages with national/international institutions
for developing a network of scientists, engineers, technocrats and others
who serve the society;
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(xiii) to have on-line dialogues through “video conferencing” with
leaders in industry, Scientists, people of eminence in their fields, for
better motivation and interaction with rural children;
(xiv) to demystify science to common man and towards this end,
conduct programmes and eradicate superstitions;
(xv) to motivate the students and teachers by providing a
challenging and creative environment through regular programmes;
(xvi) to encourage people to participate in interactive sessions in
understanding issues concerning environment, biodiversity, water
conservation, organic farming etc for building up their confidence and
improving their economic level;
(xvii) to serve as resource centre for science teaching and
learning by establishing galleries, workshops and developing science kits
useful for such purpose;
(xviii) to provide an atmosphere to children to explore and
discover and develop a sense of excitement in doing things by
themselves. For achieving these objectives, establishing hobby centre and
starting a Museum Bus;
(xix) to serve as a “centre of excellence” and “Resource Centre” in
spreading scientific literature and to bring “Scientific awareness” to
community at large. Science should become a way of life and critical
thinking should be a habit;
(xx) for creation of interest in the History, Art and Culture of the
Region;
(xxi) for promotion of activities related to Khadi and Gramodyog
and to promote Khadi and Village Industries, Handloom activities etc;
(xxii) for educational and research programmes in the fields of
science and technology, art, culture, heritage, Local history, flora and
fauna, importance of Western Ghats, coastal environment, fresh water
and Marine species of fish, Medicinal plants, Wild life, tourism,
environment, Ground water recharging, rain water harvest, eco-friendly
farming and to establish institutions necessary to promote such
activities;
(xxiii) for promotion of tourism and recreation facilities and setting
up of Boating at Pilikula Lake, Rope way, Toy Train, Cafeteria, Cottages,
Musical Fountain, Amusement Park, Golf Course etc.,;
(xxiv) for putting up public parks, horticultural or zoological
gardens, fountain gardens, artificial waterfalls, game parks, lakes with
boating or other water games or such other tourist attractions;
(xxv) for construction of choultries, lodging houses, cottages,
hotels, restaurants and boarding houses to cater to different classes of
tourists;
(xxvi) for construction of necessary chain of shops or shopping
complexes;
(xxvii) for provision of amenities as defined in clause (b) of
section 2;
(xxviii) for laying and relaying of all or any land incluing
construction and reconstruction of buildings;
(xxix) for raising any land which the authority may consider
expedient to raise to facilitate its plan of action in general and better
drainage in particular;
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(xxx) for the demolition of all buildings unfit for human habitation
and not fitting into the development plan by obtaining permission from
the Government;
(xxxi) for the demolition of obstructive building or portions of
buildings;
(xxxii) for provision of facilities for communication and transport
(innovative and environment friendly) with parking facilities;
(xxxiii) for the approved development plan of the Authority shall
be forwarded to the Government for approval by the Commissioner;
(xxxiv) to undertake works and incur expenditure for execution of
development of approved plans in accorance with the provisions of the
Karnataka Transperancy in Public Procurement Act, 1999 (Karnataka Act
29 of 2000);
(xxxv) to disseminate appropriate technologies and agricultural
practices to rural people and to advice them on the latest developments
in farming sector;
(xxxvi) for acquiring land by acquisition or purchase, exchange or
otherwise, which in the opinion of the Authority is necessary for
execution of the development plan;
(xxxvii) the sale, letting or exchange of any property comprised in
the scheme, subject to the prior approval of the Government;and
(xxxviii) the Annual Plan prepared by the authority shall comprise
Government funds as well as own funds;
(2) Establishment of Pilikula area in such other places in the State
of Karnataka, to fulfill the above mentioned objectives. Any other matter
for which in the opinion of the Authority, it is expedient and incidental to
make provision with a view to develop and maintain Pilikula for
protection and promotion of Bio-diversity and propagation of awareness
and knowledge in Science and Technology among the people regarding
the importance of conservation of Bio-diversity for maintaining ecological
balance and for the purposes related thereto.
21. Subsequent Development Works.- After execution of the
development plan under section 20, the Authority may, from time to
time, make and take up any new additional development schemes, out of
its own or borrowed financial resources or philthronipic support or CSR
or funds from the State or Central Government after obtaining clear
approval from the Government.
22. Delegation of Powers.- The Authority may by resolution,
delegate any of the powers conferred on it by or under this Act, to the
Chairperson and to the Commissioner except the power to make rules
under section 39.
23. Application of Karnataka Act 32 of 1974.- (1) the Karnataka
Public Premises (Eviction of Unauthorized Occupants) Act, 1974
(Karnataka AcExcerpt shown. Open the full act in Lexace.
Lex