LexThe HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY ACT, 2002
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THE HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY ACT, 2002
Arrangement of Sections
Statement of Objects and Reasons
Sections:
1. Short title and commencement
2. Definitions
3. Constitution and Incorporation of the Authority
4. Meetings of the Authority
5. Authority Security Force
6. State Level Committee
7. Appointment of the Commissioner
8. Duties of the Commissioner
9. Appointment of the Planning Officer
10. Appointment of Accounts Officer etc
11. Functions of the Authority
12. Special powers of the Chairperson
13. Power to delegate
14. No other authority or person to undertake development without permission of the
Authority
15. Power of entry
16. Levy of Fee
17. Authority fund
18. Budget
19. Annual report
20. Subventions and loans to the Authority
21. Power of Authority to borrow
22. Accounts and audit
23. Directions by the Authority
24. Penalty for breach of the provisions of the Act
25. Offences by companies
26. Sanction of Prosecution
27. Authority may compromise claims by or against it
28. Fines realised to be credited to the Fund
29. Members and officers to be public servants
30. Protection of action taken in good faith
31. Control by the State Government etc
32. Act to over-ride other laws
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33. Power to make rules
34. Regulations
35. Removal of difficulties
36. Amendment of Karnataka Town and Country Planning act, 1961
37. Application of (Karnataka Act 32 of 1974) to Authority Premises
STATEMENT OF OBJECTS AND REASONS
It is considered necessary to provide for, conservation of the cultural heritage of
Hampi with all its archeological remain and natural environs, to ensure sustainable
development of Hampi World Heritage Area and to constitute Hampi World Heritage Area
Management Authority to,-
(i) prevent uncontrolled development of the heritage area and commercial
exploitation of the area;
(ii) cause carrying out of the works as are contemplated in the development plan;
(iii) co-ordinate the activities of the local authorities the Urban Development
Authorities constituted under the Karnataka Urban Development Authorities
Act, 1987, Karnataka Urban Water Supply and Sewerage Board, the Slum
Clearance Board, KPTCL, KIADB, KSRTC and such other bodies as are
connected with development activities in the Heritage area;
(iv) take appropriate action to protect the public property within the heritage area;
(v) promote understanding of and to encourage proper research into the
Archeological, historical and environmental values of Hampi World heritage
site;
and for the constitution of the Authority Fund, and for matters incidental thereto.
It is also considered necessary consequentially to amend the Karnataka Town and
Country Planning Act, 1961 and the Karnataka Public Premises (Eviction of un-authorised
occupants) Act, 1974.
Hence the Bill.
[L.C. Bill No. 9 of 2002]
(Entries 5 and 32 of List-II and 20 and 40 of List-III of the Seventh Schedule to the
Constitution of India)
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Amending Act 10 of 2011.- It is considered necessary to amend the Hampi World
Heritage Area Management Authority Act, 2002, to substitute the words “State Level
Committee” for the State Level Advisory Committee. The proposed Bill also envisages
substitution of the Chief Minister as Chairperson of the Committee in place of the Minister
incharge of Bellary District and the Minister incharge of Bellary District as a Vice-chairperson
of the Committee and the Minister incharge of Kannada and Culture as Member of the
Committee.
Hence the Bill.
[L.A. Bill No. 3 of 2011, File No.Samvyashae 24 Shasana 2010]
[Entries 5 and 32 of List II of the Seventh Schedule to the Constitution of India.]
- - - -
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KARNATAKA ACT NO. 18 OF 2003
(First published in the Karnataka Gazette Extra-ordinary on the sixteenth day of April, 2003)
THE HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY ACT, 2002
(Received the assent of the Governor on ninth day of
April, 2003)
(As amended by Karnataka Act 10 of 2011)
An Act to provide for conservation of the cultural heritage of Hampi with all its
archeological remains and natural environs; to preserve its cultural identity and to ensure
sustainable development of the Hampi World Heritage Area, in the State of Karnataka and to
constitute Hampi World Heritage Area Management Authority.
Whereas it is expedient to provide for,-
(a) the conservation of the Cultural Heritage and natural environs of Hampi and its
surroundings;
(b) the preservation of the historical and cultural identity of Hampi as a World
Heritage Centre;
(c) preventing uncontrolled development and commercial exploitation of the area;
(d) sustained development of the area which is conducive to the above objectives,
and
(e) for matters incidental thereto.
Be it enacted by the Karnataka State Legislature in the fifty third year of the Republic
of India as follows:-
CHAPTER-1
Preliminary
1. Short title and commencement.- (1) This Act may be called the Hampi World
Heritage Area Management Authority Act, 2002.
(2) It shall come into force on such date as the State Government may, by
notification, appoint and different dates may be appointed for different provisions of the Act.
(This Act came into force w.e.f. 27.01.2005 by notification No. SKD 118 KMU 2004, dated 27.01.2005.)
2. Definitions.- (1) In this Act unless the context otherwise requires,-
(a) 1[XXX] 1
1. Omitted by Act 10 of 2011 w.e.f. 09.02.2011
(b) “Amenity” includes roads, bridges, streets, transport, lighting, water and
electricity supply sewerage, drainage, public works, open spaces recreational
grounds, parks and other conveniences, services or utilities;
(c) “Appointed day” means the day appointed for bringing into force any or all the
provisions of the Act;
(d) “Authority” means the Hampi World Heritage Area Management Authority
established under section3;
(e) “Buffer Zone” means the area specified in Part-B of the Schedule;
(f) “Chairperson” means the Chairperson of the Authority;
(g) “Commissioner” means the Commissioner of the Authority appointed under
section 7;
(h) “Core Area Zone” means the area specified Part-A of the schedule;
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(i) “Cultural Heritage” means and includes Sri Virupaksheswara Temple, Krishna
Temple, Achutaraya Temple, Vittala Tem ple, Hazararama Temple, monolithic
sculptures of Ganesh, Ugranarasimha and Veerabhadra and the Jain Temples,
Mohammadan tombs, mosques and other monuments that are being conserved
by the Archeological Survey of India and the State Archaeology Department;
(j) “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 forming of layouts and sub-division of any land
including amenities;
(k) “Fund” means the fund of the Authority;
(l) “Heritage Area” means the whole of the area comprising the Core Area Zone,
Buffer Zone and Peripheral Zones, but excluding the area referred to as
protected area under the Ancient Monuments and Historical sites and Remains
Act, 1958 (Central Act 24 of 1958);
(m) “Local Authority” means a Municipal Corporation, Municipal Council, Grama
Panchayat, Taluk Panchayat, Zilla P anchayat, town 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);
(n) “Land” includes benefits arising out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(o) “Natural Environs” includes the rivers, river beds, rocks, water sources, wild life
and vegetation located in the Heritage Area;
(p) “Peripheral Zone” means the area specified in Part-C of the Schedule;
(q) “Schedule” means Schedule appended to this Act.
1[(r) ‘State Level Committee’ means the committee constituted under section 6;]1
1. Inserted by Act 10 of 2011 w.e.f. 09.02.2011
(2) Other words and expressions used but not defined in the Act shall have meanings
respectively assigned to them in the Karnataka Town and Country Planning Act,
1961 (Karnataka Act 11 of 1963).
CHAPTER-II
HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY
3. Constitution and Incorporation of the Authority.- (1) As soon as may be after
the appointed day there shall be established for the purposes of this Act, an Authority
to be called the Hampi World Heritage Area Management Authority.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual
succession and common seal with power subject to the provisions of this Act, to
acquire hold and dispose of property both movable and immovable and to contract
and shall by the said name sue or be sued.
(3) The Authority shall consist of the following members, namely:-
(a) the Deputy Commissioner,
Bellary District - Chairperson
(b) The Deputy Commissioner
Koppal District - Vice Chairperson
(c) The Director of Archaelogy and Museums.
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(d) The Director of Town Planning, Bangalore.
(e) The Director of Tourism, Bangalore.
(f) Superintendent of Police, Bellary.
(g) Superintendent of Police, Koppal.
(h) The Superintending Archaeologist, Archaeological Survey of India, Bangalore
Circle, Bangalore.
(i) The Superintending Archaeologist, Archaeological Survey of India, Dharwad
Circle, Dharwad.
(j) The Chief Executive Officer, Zilla Panchayat, Bellary.
(k) The Chief Executive Officer, Zilla Panchayat, Koppal.
(l) The Deputy Conservator of Forests, Bellary.
(m) The Deputy Conservator of Forests, Koppal.
(n) The Commissioner, Hospet Urban Development Authority, Hospet.
(o) The Superintendent Engineer, Bellary Circle, Bellary.
(p) The Deputy Environment Officer, Bellary.
(q) The Executive Engineer, Irrigation Department, Munirabad.
(r) Head of the Department of Archaeology, Kannada University, Hampi.
(s) The Executive Officer, Sri Virupakshewara Temple and other allied temples,
Hampi.
(t) The Commissioner of the
Authority - Member Secretary
(4) The Headquarters of the Authority shall be at Hospet.
4. Meetings of the Authority.- (1) The meetings of the Authority shall be convened
by the Chairperson or the Commissioner with the express 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 Headquarters of the Authority and at such time as the Chairperson may
decide.
(2) The Authority shall observe such rules of procedure in regard to the transaction of
business at its meetings (including quorum at meetings) as may be specified by regulations.
(3) the Chairperson or, if for any reason he is unable to attend any meeting, the Vice-
Chairperson or if for any reason he is also unable to attend the meeting, any other member
chosen by the members present at the meeting, shall preside at the meeting of the Authority;
(4) 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 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.
(5) A member shall not, at any meeting of the Authority or a committee thereof, take
part in the discussion of or vote on any matter in which he has directly or indirectly by himself
or his partner, any share or interest.
5. Authority Security Force.- (1) There shall be constituted and maintained a force
to be called the Authority Security Force,-
(i) for the better protection and security of the public property within the heritage
area including prevention of encroachments and removal thereof;
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(ii) for aiding the officers of the Authority in the detection and investigation of any
matter relating to leakage of revenue or any amount payable to the Authority;
(iii) for effective communication and obtaining of any information regarding any
design to commit or the commission of any offence by any person under this
Act or the Karnataka Town and Country Planning Act, 1961 or any rule, or
regulation or order made under them;
(iv) to exercise such other powers and discharge such other functions as may be
prescribed
(2) The Authority Security Force shall consist of such number of supervisory officers and
members as may be determined by the Authority and shall be provided by the State
Government.
(3) The Chairperson shall exercise powers of superintendence and control over the Authority
Security Force.
6. 1[State Level Committee] 1.- (1) There shall be a 1[State Level Committee] 1
consisting of the following members, namely:-
1[(a) The Chief Minister - Chairperson
(aa) The Minister in charge of
Bellary District - Vice Chairperson
(b) The Minister in charge of
Kannada and Culture - Member.] 1
(c) The Minister in charge of Tourism.
(d) Members of the Parliament and the State Legislature representing the part or
whole of heritage area whose constituency lie within the jurisdiction of the
Authority.
(e) The Additional Chief Secretary to Government of Karnataka.
(f) The Secretary to Government, in
charge of Kannada and
Culture Department - Member Secretary
(g) Director General, Archaeological Survey of India or his nominee.
(h) The Secretary to Government, in charge of Finance Department.
(i) The Secretary to Government in-charge of Toursim.
(j) Chairperson of the Authority.
(k) The Director of Town Planning, Government of Karnataka.
(2) The 1[State Level Committee] 1 may co-opt three persons who are experts in the
field of Heritage, Archaeology, Tourism or Environment as members.
(3) The 1[State Level Committee]1 may if it deems necessary invite any person who is
an expert in the field of Heritage, archaeology, Tourism or Environment.
(4) The 1[State Level Committee] 1 shall co-ordinate and monitor the activities of the
Authority and advise the Authority on all matters concerning the conservation of the
Cultural Heritage and the Natural Environs within the Heritage Area.
(5) The 1[State Level Committee] 1 shall meet at least once in six months at such
place and at such time and shall adopt such procedure as may be prescribed.
1. Substituted by Act 10 of 2011 w.e.f. 09.02.2011
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CHAPTER-III
Officers of the Authority and their duties
7. Appointment of the Commissioner.- The State Government shall appoint, an
officer of the State Civil Service or any person wo rking in the University or any local or other
authority who is familiar with the historical and cultural development to be the Commissioner
of the Authority.
8. Duties of the Commissioner.- (1) The Commissioner shall be the Chief
Executive and Administrative Officer 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,-
(a) be the Chief Executive of the Authortiy;
(b) be responsible for all budgetary planning, enforcement and supervisory functions
of the Authority;
(c) furnish to the Authority all the information relating to the administration and
accounts of the Authority as well as other matters whenever called upon by the
Authority to do so;
(d) prepare and submit the Annual Reports and audited accounts of the Authority for
its approval within three months of the close of every financial year and thereafter
submit copies of the same to the Authority and the State Government;
(e) perform such other functions as may be prescribed.
9. Appointment of the Planning Officer.- (1) The State Government shall appoint
an officer of the Town Planning Department not below the rank of an Assistant Director of
Town planning, to be the Planning Officer.
(2) The Planning Officer shall report to the Commissioner, and shall exercise such
powers and perform such duties as may be prescribed.
10. Appointment of Accounts Officer etc.- (1) The State Government shall appoint
an officer of the State Accounts Service, not below 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.
(3) The State Government shall provide such other officers and staff as may be
necessary to the Authority. The conditions of service and the powers and duties of officers
and staff of the Authority shall be such as may be determined by regulations.
(4) The Administrative expenses, salary and allowances of the officers and staff of
the Authority shall be defrayed out of the fund of the Authority.
CHAPTER-IV
POWERS AND FUNCTIONS OF THE AUTHORTIY
11. Functions of the Authority.- (1) Subject to the provisions of this Act and the
rules made thereunder the functions of the Authority shall be,-
(i) to carry out a survey of the Heri tage Area and prepare reports on the surveys
so carried out;
(ii) to prepare development plan of the Heritage area;
(iii) to cause to be carried out such works as are contemplated in the
development plan;
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(iv) to formulate as many schemes as are necessary for implementing the
development plan of the Heritage Area;
(v) to secure and co-ordinate execution of the development plan, town planning
schemes and the development of the Heritage Area in accordance with the
said plan and schemes;
(vi) to raise finance for any project or scheme for the development of the Heritage
Area and to extend assistance to the local authorities in the Region for the
execution of such project or scheme;
(vii) to do such other acts and things as may be entrusted by the State
Government or as may be necessary for or incidental or conducive to, any
matters which are necessary for furtherance of the objects for which the
Authority is constituted;
(viii) to entrust to any local authority or other agency the work of execution of any
development plan or town planning scheme or development of the Heritage
area;
(ix) to co-ordinate the activities of the local authorities and the Urban
Development authority, if any, constituted under the Karnataka Urban
Development Authorities Act, 1987 exercising jurisdiction within the limits of
the Heritage Area and the Karnataka Urban water Supply and Sewerage
Board, the Karnataka Slum Clearance Board, the Karnataka Power
Transmission Corporation, the Karnataka Industrial Areas Development
Board, the Karnataka State Road Transport Corporation and such other
bodies as are connected with developmental activities in the Heritage Area;
(x) to supervise and review the progress of expenditure incurred under the plan
and performance of various development departments and local authorities
with reference to the plan;
(xi) to take action to protect the public property within the heritage area;
(xii) to raise local, regional, national and international awareness about the
significance of the Hampi World Heritage Site;
(xiii) to promote and encourage proper research to understand the archaeological,
historical and environmental values of the Hampi World Heritage Site;
(xiv) to perform such other functions as may be prescribed.
12. Special powers of the Chairperson.- The Chairperson shall have special
powers to act on his own and direct measures for effective realisation of the object in cases
of urgency where there is no sufficient time to convene a meeting of the Authority, but he
shall place the subject before the Authority at its immediate next meeting and seek
ratification.
13. Power to delegate.- The Authority may, by notification, direct that any power
exercisable by it under this Act except the power to make regulation may also be exercised
by the Chairperson or such officer of the Authority as may be specified in the notification
subject to such restrictions and conditions as may be specified therein.
14. No other authority or person to undertake development without permission
of the Authority.- (1) Notwithstanding anything contained in any law for the time being in
force, except with the previous permission of the Authority, no other authority or person shall
undertake any development within the Heritage Area, of the types as the Authority may from
time to time specify by notification published in the Official Gazette.
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(2) No local authority shall grant permission for any development referred to in sub-
section (1), within the Heritage Area, unless the Authority has granted permission for such
development.
(3) Any authority or person desiring to undertake development referred to in sub-
section (1) shall apply in writing to the Authority for permission to undertake such
development.
(4) The Authority may, after making such inquiry as it deems necessary grant such
permission without or with such conditions, as it may deem fit, to impose or refuse to grant
such permission.
(5) Any authority or person aggrieved by the decision of the Authority under sub-
section (4) may, within thirty days from the date of the decision appeal against such decision
to the State Government, whose decision thereon shall be final:
Provided that, where the aggrieved authority submitting such appeal is under the
administrative control of the Central Government, the appeal shall be decided by the State
Government, after consultation with the Central Government.
(6) In case any person or authority does anything contrary to the decision given
under sub-section (4) as modified in sub-section (5), the Authority shall have power to pull
down, demolish or remove any development under taken contrary to such decision and
recover the cost of such pulling down, demolition or removal from the person or authority
concerned.
15. Power of entry.- The Authority may authorise any person to enter into or upon
any land or building with or without assistants of workmen for the purposes of,-
(a) making any enquiry, inspection, measurement or survey or taking levels for such
land or building;
(b) examining works under construction and ascertaining the course of sewers and
drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) making such levels, boundaries and lines by placing marks and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention
of any plan or in contravention of any conditions subject to which such permission
has been granted; or
(g) doing any other thing necessary for the efficient administration of this Act.
Provided that,-
(i) no such entry shall be made except between the hours of sunrise and sunset and
without giving reasonable notice to the occupier, or if there be no occupier, to the
owner of the land or building;
(ii) sufficient opportunity shall in every instance be given to enable women or
children, if any, to withdraw from such land or building;
(iii) due regard shall always be had, so far as may be, compatible with the exigencies
of the purpose for which the entry is made, to the social and religious usage of the
occupants of the land or building entered.
16. Levy of Fee.- (1) It shall be lawful for the Authority to levy, at such rate as may,
by regulations be specified, a fee for grant of permission under section 14.
(2) All fee realised under this Act shall be credited to the Authority fund.
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17. Authority fund.- (1) The Authority shall have a fund to be called the Authority
Fund which shall be operated by such officers as may be authorised by the Authority.
(2) The Authority may accept grants, subventions, contributions, donations and gifts
from the Central Government, the State Government, a local authority, any International
organisation or any individual or body, whether incorporated or not, for all or any of the
purposes of this Act.
(3) The State Government shall, every year, make a grant to the Authority of a sum
equivalent to the administrative expenses of the Authority till the Authority is able to meet its
administrative expenses out of its own resources.
(4) All moneys received by or on behalf of the Authority by virtue of this Act, and all
interests, profits, and other moneys accruing to or borrowed by the Authority, shall be
credited to the Fund.
(5) Except as otherwise directed by the State Government, all moneys and receipts
specified in the foregoing provisions and forming part of the Fund shall be deposited in any
Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invested in such
securities, as may be approved by the State Government.
(6) The Fund and all other assets vesting in the Authority shall be held and applied
by it, subject to the provisions of and for the purposes of this Act.
18. Budget.- The Authority shall prepare, every year, in such form and at such time
as may be prescribed, an annual budget estimate in respect of the next financial year
showing the estimated receipts and disbursements of the Authority and shall submit a copy
thereof to the State Government.
19. Annual report.- The Authority shall, after the end of each year prepare in such
form and before such date as may be prescribed, a report of its activities during such year
and submit to the State Government and the State Government shall cause a copy of such
report to be laid before both Houses of the State Legislature.
20. Subventions and loans to the Authority.- (1) The State Government may,
from time to time, make subventions to the Authority for the purposes of this Act on such
terms and conditions as the State Government may determine.
(2) the State Government may, from time to time advance loans to the Authority on
such terms and conditions; not inconsistent with the provisions of this Act, as the State
Government may determine.
21. Power of Authority to borrow.- The Authority may from time to time, with the
previous sanction of the State Government and subject to the provisions of this Act, and to
such conditions as may be prescribed in this behalf, borrow any sum required for the
purposes of this Act.
22. Accounts and audit.- (1) The Authority shall cause to be maintained proper
books of accounts and such other books as the rules made under this Act may require and
shall prepare in accordance with such rules an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by such persons as
the State Government may direct.
(3) As soon as the accounts of the Authority have been audited, the Authority shall
send a copy thereof together with a copy of the report of the auditor thereon to the State
Government and shall cause the accounts to be published in the prescribed manner and
place copies thereof for sale at a reasonable price.
(4) The Authority shall comply with such directions as the State Government may,
after perusal of the report of the auditor, think fit to issue.
CHAPTER – V
11
Miscellaneous
23. Directions by the Authority.- (1) The Authority may, in order to carry out the
development plans and schemes formulated under section 11 or any town planning scheme
issue directions to any local Authority, Urban development Authority concerned, Karnataka
Urban Water Supply and Sewerage Board, Karnataka Power Transmission Corporation and
such other bodies as are connected with developmental activities in the Heritage Area.
(2) Notwithstanding anything contained in any other law for the time being in force,
every such direction shall be complied with by the body to whom it is issued. On failure, it
shall be competent for the Authority to take necessary action to carry out the directions
issued under sub-section (1) and recover expenses, if any, incurred therefor from the body
concerned.
24. Penalty for breach of the provisions of the Act.- Whoever contravenes any of
the provisions of this Act or of any rule , regulation, or bye-law or scheme made or
sanctioned thereunder shall be punishable with imprisonment for a term which may extend
to one year or with fine which may extend to ten thousand rupees or with both and in the
case of continuing contravention, with additional imprisonment for a term which may extend
to one month or with fine which may extend to five hundred rupees or with both for each day
after the first during; which the contravention continues.
25. Offences by companies.- (1) If the person committing an offence under this Act
is a company, every person who at the time the offence was committed was in charge of and
responsible to the company for the conduct of its business as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of
any director, manager, secretary or other offi cer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation: For the purpose of this section-
(a) “company” means a body corporate and incl udes a firm or other association of
individuals; and
(b) “director” in relation to a firm means a partner in the firm.
26. Sanction of Prosecution.- No prosecution for any offence punishable under this
Act shall be instituted except with the previous sanction of the Authority or any officer of the
Authority authorised by it in this behalf.
27. Authority may compromise claims by or against it.- The Authority may
compound or compromise any claim or demand arising out of any contract entered into by it
under this Act or any action or suit instituted by or against it for such sum of money or other
compensation as it shall deem sufficient:
Provided that no such claim or demand exceeding fifty thousand rupees shall be
compounded or compromised except with the previous approval of the State Government.
28. Fines realised to be credited to the Fund.- All fines realised in connection with
prosecutions under this Act shall be credited to the Authority Fund.
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29. Members and officers to be public servants.- Every member, every officer and
other employee of the Authority shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.
30. Protection of action taken in good faith.- No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith done or intended
to be done under this Act or any rule or regulation made thereunder.
31. Control by the State Government etc.- (1) The State Government may give
such directions to the Authority as in its opinion are necessary or expedient for carrying out
the purposes of the Act. The Authority shall carry out such directions as may be issued from
time to time by the State Government for the efficient administration of this Act and it shall be
the duty of the Authority to comply with such directions.
(2) The Authority shall furnish to the State Government such reports, and other
information as the State Government may from time to time require.
(3) If in, or in connection with, the exercise of its powers and discharge of its
functions by the Authority under this Act, any dispute arises between the Authority, and a
Local Authority, the decision of the State Government on such dispute shall be final.
32. Act to over-ride other laws.- The Provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time being
in force.
33. Power to make rules.- (1) The State Government may, by notification, subject to
the condition of previous publication, make rules to carry out 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 both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or to 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 done under that rule.
34. Regulations.- The Authority may, by notification and with previous sanction of
the State Government, make regulations not inconsistent with this Act and the rules made
thereunder for enabling it to perform its functions under this Act. Regulations may be made
in respect of any matter which is required to be or may, in the opinion of the Authority be
provided by regulations.
35. Removal of difficulties.- (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may by order published in the Official Gazette,
as the occasion may require do anything which appears to it to be necessary to remove the
difficulty.
(2) Every order made under sub-section (1) shall as soon as may be after it is
published, be laid before both Houses of the State Legislature and shall, subject to any
modification which the State Legislature may make, have effect as if enacted in this Act.
36. Amendment of Karnataka Town and Country Planning act, 1961.- In the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963),-
(1) in section 2, in clause (7), after item (ia) of sub-clause (a), the following item shall
be inserted, namely:-
“(ib) the heritage area as defined in the Hampi World Heritage Area Management
Authority Act, 2002 (hereinafter referred to as heritage area) the Hampi World Heritage Area
Management Authority constituted, under that Act.”
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(2) in section 4A, in sub-section (1), after the proviso, the following proviso shall be
inserted, namely:-
“Provided further that in the case of the heritage area, the local planning area
declared under this sub-section shall be co-terminus with the heritage area.”
(3) in section 12, in sub-section (1) the following proviso shall be inserted, namely:-
“Provided that notwithstanding anything contained in this Act in the case of the local
planning area comprising the heritage area the outline development plan shall also contain
the particulars specified in clauses (a) to (g) of sub-section (1) of section 21 and the plan so
prepared shall for the purpose of this Act be deemed to be the comprehensive development
plan in respect of the heritage area and sections 19 to 23 shall not apply for preparation of
such deemed comprehensive development plan.”
(4) after section 81 D the following shall be inserted, namely:-
“81E. Consequences of constitution of Hampi World Heritage Area
Management Authority.- Notwithstanding anything contained in this Act with effect from the
date Hampi World Heritage Area Management Authority is constituted under Hampi World
Heritage Area Management Authority Act, 2002 such authority shall be the local planning
authority for the local planning area comprising the heritage area and it shall exercise the
powers, discharge the functions and perform the duties under this Act as if it were a local
planning authority constituted for the heritage area.”
37. Application of (Karnataka Act 32 of 1974) to Authority Premises.- (1) The
State Government, may by notification provide from such date as may be specified in such
notification that the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act,
1974 shall apply to premises belonging to, vesting in, or leased by, the Authority as that Act
applies in relation to public premises but subject to the provisions of sub-section (2).
(2) On a notification being issued under sub-section (1), the aforesaid Act, and the
rules made thereunder shall apply to the premises of the Authority with the following
modifications, that is to say,-
(a) the State Government may appoint any officer of the State Government or the
Authority as it thinks fit, to be the competent officer for the purposes of the
aforesaid Act;
(b) references to “public premises” in that Act and those rules shall be deemed to be
references to premises of the Authority, and references to “the State
Government” in section 6,7,8,14,15,16 and 17 of that Act shall be deemed to be
references to the Authority.
SCHEDULE
(see section 2 (q)
Part-A
Core Area Zone
Area of 41.80 sq.km. notified by the State Government as protected area under
notification No.ITY 137 KMV 84, dated 22.10.1988.
Part-B
Buffer Zone
53.0 sq. km. Of area extending upto 1 km. beyond the limits of the Core Area Zone
on all sides.
Part-C
Peripheral Zone
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31.0 sq.km. of area extending upto 1 km. beyond the limits of the Buffer Zone on all
sides.
The above translation of the ÝâªÄ Ƶâ]~âpâª~âpê ~âZ{ꩵ⠾ÀâËÝâÇÖ
~ÖZºdÖpâ %º¾Ìâ°Àâ°, 2002 (2003 pâ dâ}ÖËrdâ %º¾Ìâ°Àâ° ÉâªfêX 18) be published in the
Official Gazette under clause (3) of Article 348 of the Constitution of India.
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NOTIFICATION
No. SKD 118 KMU 2004, Bangalore, dated 27 th January, 2005
Karnataka Gazette, Extraordinary No. 118, dated 27-1-2005
In exercise of the powers conferred by the sub-section (2) of section 1 of the Hampi
World Heritage Area Management Authority Act, 2002 (Karnataka Act No. 18 of 2003), the
Government of Karnataka hereby appoints 27-1-2005 to be the day on which all the
provisions of the said Act, shall come into force.
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