LexThe SAHYADRI HERITAGE DEVELOPMENT AUTHORITY ACT, 2011
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 21 OF 2012
THE SAHYADRI HERITAGE DEVELOPMENT AUTHORITY ACT, 2011
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
CHAPTER - I
1. Short title and commencement
2. Definitions
CHAPTER - II
3. Constitution of the Authority
4. The Chairman and other members of the Authority
5. Term of office and conditions of service
6. Disqualification for office of membership
7. Removal of member
8. Secretary
9. Officers of the Authority and conditions of service
10. Meetings of the Authority
11. Proceedings presumed to be good and valid
12. Sub-Committee
13. Powers and duties of Sub-Committee
14. Obtaining the services of experts
CHAPTER - III
Preparation of project and programmes
15. Preparation of project and programmes
16. Functions of the Authority
17. Obtaining information
18. Advise by the Authority
19. Power to record dereliction of duty and to inform the appointing authority
CHAPTER - IV
20. Fund of the Authority
21. Grant by State Government
22. Accounts and audit
CHAPTER - V
23. Report
24. Budget of the Authority
25. Power to make rules
26. Power of Authority to make regulations
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STATEMENT OF OBJECTS AND REASONS
Act 21 of 2012. - It is considered necessary to provide for establishment of Sahyadri
Heritage Development Authority in the Sahyadri Heritage Area comprising of the districts of
Shimoga, Uttara Kannada and Chikkamagalur for,-
(i) preservation and development of Sahyadri Heritage, Janapada Heritage and
values;
(ii) the development and study of heritage art and agriculture;
(iii) the preservation and development of Sahyadri heritage forts, places of sharanas,
water reservoyers and water falls, temples, museums, tourist places, historical
monuments etc.,;
(iv) conducting cultural activities and festivals;
(v) development of the Kuvempu University, Agricultural University, Ninasam of
Heggodu and places of Allamaprabhu, Akkamahadevi and Akkanagamma, Jog
Falls and other places.
Hence, this Bill.
[L.A. Bill No.35 of 2011, File No.Samvyashae 29 Shasana 2011]
[Entry 32 of List II of the Seventh schedule to the constitution of India.]
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KARNATAKA ACT NO. 21 OF 2012
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty eighth day of April, 2012)
THE SAHYADRI HERITAGE DEVELOPMENT AUTHORITY ACT, 2011
(Received the assent of the Governor on the Twenty sixth day of April, 2012)
An Act to provide for establishment of the Sahyadri Heritage Development Authority to
supervise and to evaluate the implementation of its projects and programmes.
WHEREAS it is expedient to provide for the establishment of the Sahyadri Heritage
Development Authority to supervise the implementation of projects and programmes relating to
the development of Sahyadri Heritage and to monitor and evaluate the implementation of its
projects and programmes;
Be it enacted by the Karnataka State Legislature in the Sixty Second year of the Republic
of India as follows:-
CHAPTER - I
1. Short title and commencement. - (1) This Act may be cal led the Sahyadri Heritage
Development Authority Act, 2011.
(2) It shall come into force on such date as the State Government may, by notification,
appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Authority" means, the Sahy adri Heritage area Development Authority constituted
under section 3;
(b) "Sahyadri Heritage Area’"means areas comprising of the districts of Shimoga,
Chikkamagalur and Uttara Kannada;s
(c) "Chairman" means, the Chairman of the Authority;
(d) "Department" means, all departments of the State Government, including any body
or corporation established by the State Government by or under any law or any
institution or Body receiving financial aid from the State Government;
(e) "Member" means, a member of the Authority;
(f) "Projects and programmes" means, the annual projects and programmes prepared
by the Authority for development of Sahyadri Heritage;
(g) "Secretary" means, Secretary of the Authority;
(h) "Regulation" means, regulations made under this Act.
CHAPTER - II
3. Constitution of the Authority.- (1) As soon as may be, after the commencement of this
Act the State Government shall constitute by notification, an Authority for development of Sahyadri
Heritage to be called the Sahyadri Heritage Development Authority with its head -quarters at
Shimoga consisting of such number of members specified in section 4.
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(2) The Authority shall be a body corporate by the name aforesaid having perpetual
succession and a common seal to contract and shall by the said name sue and be sued.
4. The Chairman and other members of the Authority. - The authority shall consist of
the Hon’ble Chief Minister as the Chairman and other following members specified below,
namely:-
I. Pertaining to the Sahyadri Heritage Area,-
(a) Ministers incharge of the Districts - Vice-Chairman
(b) The Deputy Commissioners - Ex-officio Member
(c) Presidents of Zilla Panchayats - Members
(d) The Conservators of Forest - Ex-officio Member
(e) The Superintendent of Police - Ex-officio Members
II. Other members,-
(f) The Secretary to Government, Department of Kannada
and Culture
Ex-Officio
Member
(g) One Deputy Director, Department of Tourism Member
(h) The Superintending Archaeologist,
Archaeological Survey of India, Bangalore
and Dharwad Circle
Member
(i) The Commissioner, Department of Archaeology and
Museums and Heritage
Member
(j) The Director, Department of Archaeology and
Museums, Mysore
Member
(k) The Vice-Chancellor, Kuvempu and
Dharwad University
Member
(l) The Chief Engineer, Sharavathi Project and
Bhadra Reservior Project, KECL
Member
(m) The Director, Department of Kannada &
Culture
Member
(n) Six persons nominated by the State Government
having special knowledge in the field of History and
Culture
Member
(o) Secretary of the Authority Member -
Secretary
5. Term of of fice and conditions of service. - (1) Subject to the pleasure of the State
Government, non official members nominated by the State Government shall hold office for a
period of three years. This shall not apply in case of official member.
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(2) The Chairman o r a member other than an ex -officio 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) A causal vacancy in the office of non- official member shal l be filled by the State
Government by nominating another person and the person so nominated shall hold office for the
unexpired portion of the term of the office of his predecessor.
(4) The Chairman and other members shall receive such allowances as may be
prescribed.
(5) The allowances payable to the Chairman and other members shall be defrayed out of
the Fund of the Authority.
(6) No act or proceedings of the Authority shall be invalid by reason only of the existence
of any vacancy or defect in the constitution of the Authority.
6. Disqualification for office of membership.- (1) 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 Central Government or a State
Government or a body or corporation owned or controlled by the Central Government or a State
Government; or
(e) has directly or indirectly by himself or his partner any share or interest in any work done
by the order of the Authority or in any contract or e mployment with or under or by or on behalf of
the Authority;
(f) is employed as a paid legal practitioner on behalf of the Authority or accepts
employment of legal practitioner against the Authority.
(2) A person shall not be disqualified under clause (e) of sub-section (1) 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 advertisements
relating to the affairs of the Authority is inserted.
7. Removal of member. - (1) The State Government shall remove a non- official
member if,-
(a) he becomes subject to any of the disqualifications mentioned in section 6:
Provided that, no non-official member shall be removed on the ground that he has become
subject to the disqualification mentioned in clause (e) of sub- section (1) of that section, unless he
has been given an opportunity of making his representation against the proposal ; or
(b) he refuses to act or becomes incapable of acting; or
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(c) he without obtaining leave of absence from the Authority absents from three
consecutive meetings of the Authority ; 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.
8. Secretary.- (1) The State Government shall appoint an officer not below the rank of
Group A officer to be the Secretary of the Authority. The Secretary shall receive such salary and
other allowances as the State Government may determine from time to time.
(2) The State Government may grant from time to time leave of absence to the Secretary.
(3) The Secretary shall be the Chief Executive of the Authority and shall,-
(a) be responsible for implementing the projects and programmes approved by the
Authority;
(b) operate the fund of the Authority;
(c) cause to be maintained accounts of the Authority;
(d) discharge such other functions which are conferred on him by or under this Act or any
other law for the time being in force; and
(e) be responsible for presentation of records of the office during inspection of Chairman.
9. Officers of the Authority and conditions of service.- (1) Subject to such rules as may
be prescribed, the State Government or such other officer as the State Government may
authorise, may appoint or depute such officers and employees of the authority as it may deem
necessary for the efficient discharge of its functions.
(2) The recruitment and terms and conditions of service of the officers and servants
specified above shall be such as may be prescribed.
10. Meetings of the Authority. - (1) The me etings of the Authority shall be convened by
the Chairman or by the Secretary with the prior approval of the Chairman and shall be held at any
place within the jurisdiction of the Authority.
(2) The Authority shall meet at least once in every two months.
(3) The Chairman or the Secretary with the prior approval of the Chairman shall convene a
special meeting if the Chairman feels it necessary.
(4) The Authority shall observe such rules of procedure in regard to the transaction of
business at its meeting as may be provided by regulations.
(5) Every meeting shall be presided over by the Chairman and if for any reason, the
Chairman is unable to attend any meeting any other member chosen by the members present at
the meeting shall preside at the meeting.
(6) Nine members shall form the quorum.
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11. Proceedings presumed to be good and valid. - No disqualification of or defect in the
appointment of any person acting as Chairman or member shall be deemed to vitiate any act or
proceeding of the Authorit y if such act or proceeding is otherwise in accordance with the
provisions of this Act.
12. Sub-Committee.-The Authority may for any specific purpose constitute a Sub-
Committee consisting of such members not exceeding nine members from amongst its members ,
the Chairman of the Authority shall also be the Chairman of the Sub-Committee.
13. Powers and duties of Sub-Committee.- (1) The Sub-Committee shall exercise such
of the powers and perform such duties of the Authority which are delegated to it by the Authority.
(2) The Sub-Committee shall meet at least once in a month.
(3) The Sub- Committee shall take decisions on urgent matters to review the prompt
implementation of the decision of the Authority and suggest on urgent matter for action by the
State Government.
(4) The Sub-Committee shall observe such rules of procedure in regard to the transaction
of business at its meetings as may be provided by regulations.
14. Obtaining the services of experts. - (1) In order to carry out the purposes of the Act,
the Authority if necessary, may obtain the services or assistance of the experts in such manner as
it may deems fit.
(2) Honorarium and allowances payable to such experts for the services or assistance so
rendered shall be of such an amount as may be prescribed.
CHAPTER - III
Preparation of project and programmes.-
15. Preparation of project and programmes. - The Authority shall every year prepare
projects and programmes for the development of Sahyadri Heritage and forward it to the State
Government for approval. The State Government may approve the project and programmes with
or without modification.
16. Functions of the Authority.- The Authority shall,-
(1) preserve and promote historical, traditional and folk tradition and values of Sahyadri
Heritage Area;
(2) fulfill the cultural requirements by organizing cultural activities at Sahyadri Heritage
Area;
(3) organize utsavs in the Sahyadri heritage area, construction of Museum which depicts
the Sahyadri heritage area and organize programmes which explore the full knowledge of
Sahyadri heritage;
(4) organise the programme which are supplemental to the above functions; and
(5) perform such other functions as may be prescribed.
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17. Obtaining information.- The Authority may for the purpose of this Act seek and obtain
information relating to the development of Sahyadri Heritage Development Authority from any
officer of the State Government and such officer shall be bound to furnish the information sought
by the Authority.
18. Advise by the Authority.- The Authority, in order to carryout the purposes of this Act,
shall advise the State Government regarding implementation of its projects and programmes.
19. Power to record dereliction of duty and to inform the appointing authority. - The
Authority in order to carryout the purposes of the Act, shall record, any violation by the officers and
officials of the State Government and local bodies of any order, issued by the Government from
time to time or of any order, which is already in force as dereliction of duty and sh all advise to the
appointing authority for necessary action.
CHAPTER - IV
20. Fund of the Authority.- (1) There shall be a fund called the Authority Fund.
(2) The following shall form part of, or be paid into the Authority Fund, namely:-
(i) all grants, subventions, donations and gifts made by the Central Government, State
Government, any local authority, any body whether in- corporated or not or any
persons; and
(ii) all other sums received by or on behalf of the Authority from any source whatsoever.
(3) Except as otherwise directed by the State Government all money credited to the Fund
shall be invested in any Scheduled bank.
(4) The administrative expenses to the Authority including the salaries, allowances and
pensions payable to the Secr etary and other officers and employees of the Authority shall be
defrayed out of the Fund of the Authority.
21. Grant by State Government.- The State Government may every year make a grant to
the Authority of a sum equivalent to the administrative expenses of the Authority.
22. Accounts and audit. - (1) Accounts of the income and expenditure of the Authority
Fund shall be kept in accordance with such rules as may be prescribed.
(2) The Authority shall prepare an annual statement of accounts in such form as may be
prescribed.
(3) The accounts of the Authority shall be audited annually by such auditor as the State
Government may appoint.
(4) The auditor shall for the purposes of the audit, have access to all the accounts and
other records of the Authority.
(5) The Authority shall pay from its fund such charges for the audit as may be prescribed.
(6) As soon as may be after the receipt of the report of the auditor, the Authority shall send
a copy of the annual statement of accounts, together with a copy of the report of the auditor to the
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State Government and shall cause to be published the annual statement of accounts in such
manner as may be prescribed.
(7) The State Government may after perusal of the report of the auditor give such
directions as it thinks fit to the Authority and the Authority shall comply with such directions.
CHAPTER - V
23. Report.- The Authority shall before such dates, in such form and at such interval as
may be prescribed submit the prescribed report to the State Government.
24. Budget of the Authority.- The Authority shall prepare every year on such date and in
such form as may be prescribed a budget estimate of its income and expenditure for the financial
year to commence on the first day of April next following and shall forward it to the State
Government.
25. Power to make rules. - (1) The State Government may, after previous publication by
notification make rules to carryout the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made before
each House of the State Legislature while it is in session for a total period of thirty days, which
may be comprised in one session or in two or more successive sessions and if, before the expiry
of the session in which it is so laid or the session immediately following both Houses agree in
making any modification in the rule or decide that any rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
26. Power of Authority to make regulations. - The Authority may subject to the
provisions of this Act and the rules made under section 25 and with the previous sanction of the
State Government, by notification, make regulations to carry-out the purposes of this Act.
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Constitution of India.
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
By Order and in the name of the Governor of Karnataka
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs & Legislation.
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