The KARNATAKA BORDER AREA DEVELOPMENT AUTHORITY ACT, 2010

Karnataka · state statute

Open in Lexace · Ask the AI about this act

KARNATAKA ACT NO 12 OF 2010
THE KARNATAKA BORDER AREA DEVELOPMENT AUTHORITY ACT, 2010
Arrangement of Sections

STATEMENT OF OBJECTS AND REASONS:
Sections:
1. Short title and commencement
2. Definitions
CHAPTER - II
3. Constitution of the Authority
4. Term of office and conditions of service
5. Disqualification for office of membership
6. Removal of member
7. Secretary
8. Officers of the Authority and conditions of service
9. Meetings of the Authority
10. Proceedings presumed to be good and valid
11. Sub-Committee
12. Powers and duties of Sub-Committee
13. Obtaining the services of experts
CHAPTER - III
14. Preparation of project and programmes
15. Functions of the Authority
16. Implementation of the objectives of the Act
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
MISCELLANEOUS
23. Report
24. Budget of the Authority
25. Power to make rules
2
26. Power of Authority to make regulations
SCHEDULE

STATEMENT OF OBJECTS AND REASONS

Act 12 of 2010.- It is considered necessary to provide for establishment of the Karnataka
Border Area Development Authority to,-

(a) develop people in 52 border taluks which have been identified and covered
under the “border area” in all spheres of life, like Kannada language, culture,
education, irrigation, environment, industry, health and agriculture;

(b) protect the Kannada people from the influence of the neighbouring state
language, culture, so that they should not be carried away from the Kannada
environment socially, culturally, educationally and financially;

(c) implement schemes to provide education in Kannada medium, text books,
library and conducting lecture progra mme and also cultural programmes in
Kannada language;

(d) encourage handicraft industries, co ttage industries and other facilities
required for the benefit of kannadigas;

(e) improve living conditions of the people in the border area and also the status
of the Kannada speaking people in the neighbouring border areas; and

(f) remove the insecurity feelings of the Kannadigas so that they get self respect.

Hence the Bill.

[L.A. Bill No. 5 of 2010, File No.DPAL 45 Shasana 2009]
[Entry 32 of List II of the Seventh schedule to the constitution of India.]

- - -
3
KARNATAKA ACT NO 12 OF 2010
(First Published in the Karnataka Gazette Extra-ordinary on the third day of April, 2010)
THE KARNATAKA BORDER AREA DEVELOPMENT AUTHORITY ACT, 2010
(Received the assent of the Governor on the First day of April, 2010)
An Act to provide for establishment of the Karnataka Border Area Development Authority
for the development of border areas of Karn ataka and for monitering and evaluating the
implementation of projects and programmes related to the development of the border areas of
Karnataka.
Whereas, it is expedient to provide for the establishment of the Karnataka Border Area
Development Authority for the development of bord er areas of Karnataka and for monitering and
evaluating the implementation of projects and programmes relating to the development of the
Border Areas of Karnataka;
Be it enacted by the Karnataka State Legislatur e in the sixty first year of the Republic of
India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Border
Area Development Authority Act, 2010..
(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 Karnataka Border Area Development Authority constituted
under section 3;
(b) “Border area” means, the Taluks and other areas situated in the border areas of
Karnataka enumerated in the Schedule;
(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 an y institution or body
of organisations 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 in various
departments prepared by the Authority for the development of the border areas of Karnataka;
(g) "Secretary" means, the Secretary of the Authority;
(h) "Regulations" means, the regulations made under this Act.
CHAPTER - II
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 for development of
the border areas of Karnataka to be called the Karnataka Border Area Development Authority
with its head-quarters at Bangalore.
(2) The Authority shall be a body corporat e by the name aforesaid having perpetual
succession and a common seal to contract and shall by the said name sue and be sued.
(3) The Authority shall consist of the following members, namely:-
(a) A person who has worked for the development of border areas of Karnataka nominated by the
State Government to be the Chairman of the Authority.
(b) Seven persons nominated by the State Government
hi i l k l d ti l i i th fi ld
-- Members
4
having special knowledge or practical experience in the field
of Literature, Administration, Education or Law who are
aware of the problems of the border areas,
(c) The Secretary to Government, Department of Kannada,
Culture and Information
-- Ex-officio Member
(d) The Secretary to Gove rnment, Department of
Parliamentary Affairs and Legislation
-- Ex-officio Member
(e) The Secretary to Government, Department of Rural
Development and Panchayath Raj

-- Ex-officio Member
(f) The Principal Secretary to Government, Revenue
Department
-- Ex-officio Member
(g) The Director, Directorate of Kannada and Culture -- Ex-officio Member
(h) The President, Kannada Sahitya Parishath -- Ex-officio Member
(i) The Chairman, Karnataka Sahitya Academy -- Ex-officio Member
(j) The Chairman, Kannada Development Authority -- Ex-officio Member
(k) The Secretary of the Authority -- Member- Secretary

4. Term of office and conditions of service.- (1) Subject to the pleasure of the State
Government, the Chairman and other members no minated by the State Government shall hold
office for a period of three years. This shall not apply in case of an ex-officio member.
(2) The Chairman or a member other than an ex-officio member may resign his office by
writing under his hand addressed to the State Gove rnment but shall continue in office until his
resignation is accepted.
(3) A casual vacancy in the office of a Chairm an or a member shall be filled by the State
Government by nominating another person as Ch airman or member as the case may be and the
person so nominated shall hold office for the unex pired 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.
5. 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 cont ract or employment with or under or by or on
behalf of the Authority.
(f) is employed as a paid legal practition er on behalf of the Authority or accepts
employment of legal practitioner against the Authority;
5
(2) A person shall not be disqualified under clau se (e) of sub-section (1) or be deemed to
have any share or interest in any contract or em ployment within the meaning of the said clause
by reason only of his having a share or intere st in any newspaper in which any advertisements
relating to the affairs of the Authority is inserted.
6. Removal of member.- (1) The State Government shall remove the Chairman or other
member if,-
(a) he becomes subject to any of the disqualifications mentioned in section 5:
Provided that no Chairman or member sha ll 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
(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.
7. Secretary.- The State Government shall appoint an officer not below the rank of Group
A officer to be the Secretary of the Authority. Th e 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.
8. Officers of the Authority and conditions of service.- (1) Subject to such rules as
may be prescribed, the State Government or su ch 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.
9. Meetings of the Authority.- (1) The meetings 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 pr ior 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.
6
(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.
10. 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 Authority if such act or pr oceeding is otherwise in accordance with the
provisions of this Act.
11. Sub-Committee.- The Authority may for any specific purpose constitute a Sub-
Committee consisting of such members not exc eeding six members from amongst its members,
the Chairman of the Authority shall also be the Chairman of the Sub-Committee.
12. 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.
13. 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
14. Preparation of project and programmes.- The Authority shall every year prepare
projects and programmes for the development of border areas and forward it to the State
Government for approval. The State Government may approve the project and programmes with
or without modification.
15. Functions of the Authority.- The Authority shall,-
(1) implement, supervise and evaluate the development works in the border areas and also
improve the educational, social and cultural conditions of Kannada speaking people in the border
areas of the neighbouring States.
(2) provide assistance for opening required number of Kannada medium schools in the
areas outside the border of the State. Open Kannada medium schools to impart education in
Kannada medium in those villages wherein Kannada schools have been closed by the
neighbouring states and construct school buildings.
(3) assist in the appointment of required number of teachers in the border areas to teach
in Kannada medium. Provide Kannada medium text books from time to time to the students
studying in Kannada medium.
(4) open libraries in the border area to pr ovide them access to Kannada daily, monthlies
and weeklies to facilitate Kannadigas of those area s to learn about the day today developments
in Kannada Language.
(5) grant annual aid to registered Kannada organisations for conducting pro-Kannada
activities to facilitate development of Kannada language.
(6) arrange extension lecture programmes in order to motivate pro-Kannada organisations
to work actively towards the development of Kannada as well as to form many Kannada
7
Associations in the border area. Help them to organise series of extension lectures about
Kannada Language.
(7) fulfill the cultural requirements of Ka nnadigas in the border area by organising
cultural activities at border areas.
(8) provide suitable forum to exhibit art forms such as Kannada literature cinema, drama,
folk, dance, Yakshagana, lavani, bayalata togalu bombeyata, harikathe, music etc. Construct
cultural auditoria for the exhibition of these ar t forms in the taluk head quarters, villages and for
Kannadigas of other States.
(9) conduct Gadinadu and Horanadu festivals. Construct Kannada Bhavanas. Conduct
several development programmes to improve the liv ing conditions of the people in the border
areas and to fufill their cultural, social, financial, educational aspirations.
(10) conduct study regarding the facilities to be provided to the Scheduled Caste and
Scheduled Tribes of the border area for security of their life and help them through the
concerned departments.
(11) take steps to promote handicrafts, cotta ge industries and other village industries in
the border area.
(12) supervise the facilities required for drin king water, health, agriculture, irrigation,
road and for other development wo rks to the villages in the border area to be provided through
the concerned departments.
16. Implementation of the objectives of the Act.- The Athority shall implement the
objectives of the Act through the Deputy Co mmissioner at District level, the Assistant
Commissioner at the Sub-divisional level and the Tahsildar at the Taluk level.
17. Obtaining information.- The Authority may for the purpose of this Act seek and
obtain information relating to implementation of the Border Area Development of Karnataka 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 bo dies of any order, issued by the Government
from time to time or of any order, which is alread y in force as dereliction of duty and shall advise
to the appointing authority for necessary action.
CHAPTER - IV
20. Fund of the Authority.- (1) There shall be a fund called the Border area development
Authority Fund.
(2) The following shall form part of, or be paid into the Border area development Authority
Fund, namely:-
(i) all grants, subversions, 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 Secretary and other offi cers and employees of the Authority shall be
defrayed out of the Fund of the Authority.
8
21. Grant by State Government.- (1) The State Government shall every year make a
grant to the Authority of a sum equivalent to the administrative expenses of the Authority.
(2) The State Government may keeping in view the project and programmes of the
Authority, make financial allocations to the Authority in the annual Budget of the State.
22. Accounts and audit.- (1) Accounts of the income an d expenditure of the Authority
Fund shall be kept in accordance with such rules as may be prescribed.
(2) The Authority shall prepare an annual stat ement 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 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
MISCELLANEOUS
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 before 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 mo re successive sessions and if, before the expiry
of the session in which it is so laid or the se ssion immediately following both Houses agree in
making any modification in the rule or decide th at 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 26 and with the previous sanction of the
State Government, by notification, make regulations to carry-out the purposes of this Act.
SCHEDULE
[See clause (b) of section 2]
Sl.No. Name of Taluks and other areas
(1) (2)
1 Anekal
2 Hoskote
3 Kanakapur
4 Challakere
9
Sl.No. Name of Taluks and other areas
(1) (2)
5 Hiriyur
6 Molakalmur
7 Bagepalli
8 Bangarpet
9 Chintamani
10 Gowribidanur
11 Gudibande
12 Malur
13 Mulbagil
14 Srinivasapur
15 Madhugiri
16 Pavagada
17 Sira
18 Bantwal
19 Mangalore
20 Puttur
21 Sullia
22 Madikeri
23 Virajpet
24 Chamarajnagar
25 Gundlupet
26 Heggadadevanakote
27 Kollegal
28 Bijapur
29 Indi
30 Bellary
31 Sandur
32 Siriguppe
33 Afsalpur
34 Aland
35 Chincholi
36 Sedam
37 Shahapur
38 Yadgir
39 Manvi
40 Raichur
41 Athani
42 Belgaum
43 Hukkeri
44 Chikkodi
45 Khanapur
46 Karwar
47 Joida
48 Aurad
10
Sl.No. Name of Taluks and other areas
(1) (2)
49 Basavakalyan
50 Bhalki
51 Bidar
52 Humnabad

The above translation of the PÀ£ÁðlPÀ UÀr ¥ÀçzÉÃ±À C©sªÀÈ¢Ý ¥Áç¢sPÁgÀ C¢s¤AiÀÄªÀÄ, 2010
(2010gÀ PÀ£ÁðlPÀ C¢s¤AiÀÄªÀÄ ¸ÀASÉå: 12) be published in the Official Gazette under clause (3) of
Article 348 of the 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

H.R.BHARDWAJ

¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ¸À ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ. (¦-3)

‹ Prev All Karnataka acts Next ›