The ROERICH AND DEVIKARANI ROERICH ESTATE (ACQUISITION AND TRANSFER) ACT, 1996.

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ROERICH AND DEVIKARANI ROERICH ESTATE
(ACQUISITION AND TRANSFER) ACT, 1996.
ARRANGEMENT OF sECTIONS
Statement of Object and Reasons
Sections:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
TRANSFER AND VESTING OF THE ESTATE
3. Transfer and vesting of the Estate in the State Government.
4. General effect of vesting.
5. Owners or transferees to be liable for certain prior liabilities.
6. Power of State Government to direct vesting of the Estate in the Board.
7. Amount to be given to owners, transferees and other interested persons.
8. Payment of further amounts.
CHAPTER III
MANAGEMENT OF THE ESTATE
9. Management of the Estate.
10. Duties of persons in-charge of management of the Estate.
11. Duty of persons to account for assets. etc., in their possession.
CHAPTER IV
COMMISSIONER OF PAYMENTS
12. Appointment of Commissioner of payments.
13. Payment by the State Government to the Commissioner.
14. Certain powers of the State Government and the Board.
15. Claims to be made to the Commissioner.
16. Priority of claims.
17. Examination of claims.
18. Admission or rejection of claims.
19. Disbursement of the amount by the Commissioner to the claimants.
19A. Disbursement of amount to the owners, transferees and other interested
persons.
20. Undisbursed or unclaimed amount to be deposited to the General Revenue
Account.
21. The Board of Trustees.
22. Powers and duties of the Board.
23. Appointment of Executive Officer and other Officers.
24. Powers and duties of the Executive Officer and other Officers.
25. Suits and other legal proceedings by or against Board.
26. Fund.
27. Power to borrow.
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28. Utilisation of the fund.
29. Audit.
30. Budget.

CHAPTER VI
MISCELLANEOUS
31. Act to have overriding effect.
32. Contract to cease to have effect unless ratified by Board.
33. Protection of action taken in good faith.
34. Penalties.
35. Offences by companies.
36. Revision.
37. Power to make rules.
38. Power to remove difficulties.
SCHEDULE I
SCHEDULE II
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 19 of 1996. - Ever since Dr. Svetoslav Roerich and Smt. Devikarani Roerich
fell ill and were confined to private living in a city hotel, vested interests started
damaging the identity of the property comprised in their estate, popularly kn own as
Tataguni estate and tried to usurp possession of the said property. The artifacts and
art objects, carving and important paintings are deteriorating due to lack of attention.
The rich forestry on the land is getting depleted on account of the imprac ticability of
taking preventive measures in the absence of clear title in respect of the property.
The valuable jewellary and artifacts are being sold underground and appropriated by
persons who by virtue of their employment association were close to the Roerichs.
It is therefore considered necessary that the Roerich and Devikarani Roerich
estate be acquired in public interest and transferred to a Trust to be established
under the Act in order to secure proper management of the said estate, so as to
preserve the valuable tree growth, paintings, art objects and carvings and to
establish an Art Gallery-cum-Museum.
Accordingly a draft of the Roerich and Devikarani Roerich Estate (Acquisition and
Transfer) Ordinance, 1992 was sent to the Government of India for obtaining the
previous instructions of the President to the ordinance. The Government of India had
now informed that they have no objection to the proposed legislation and has advised
to introduce it as a Bill. The Bill among other things provides for the following:-
(i) Acquisition of the Roerich and Devikarani Roerich Estate;
(ii) Payment of a sum of Rs. 5 crores for the vesting of the estate in the
Government;
(iii) Appointment of Commissioner of payment for the purpose of disbursing the
amount;
(iv) Transfer of the estate to a Board of Trustees established for the purpose of
administration and management of the estate.
Hence the Bill.
(Obtained from L.A.Bill No. 18 of 1996. File No. LAW 28 L.G.N. 92.)

II
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Amending Act 19 of 2001.- Constitutional validity of the Roerich and Devikarani
Roerich Estate (Acquisition and Transfer) Act, 1996 is questioned before the
Karnataka High Court in writ petition No. 32560 of 1996. In order to provide a more
adequate and effective machinery in the Act for disbursement of amou nt to the
owners, transferees and other interested persons in the Estate it is considered
necessary to amend the said Act,-
(i) to empower the Commissioner of payment to refer the matter to the Civil Court
in case of doubt or dispute as to the right of owners, transferees or other interested
persons in the estate to receive the whole or part of the amount referred to in
sections 7 and 8; and
(ii) to make disbursement of amount in accordance with the decision of the Court.
Hence the Bill.
(Vide L.C. Bill No. 1 of 2001 File No. SAMVYASHAE 35 SHASANA 2001)

III

Act 33 of 2017. - In Writ Petition Number: 32560/96 the Hon'ble High Court of
Karnataka has ordered that inclusion of Russian representatives in the Board of
Trustees is ultra vires. Therefore it is necessary to omit the provisions regarding
Russian representatives in the Board of Trustees.

Hence, the Bill.

[L.A. Bill No.30 of 2017, File No. Samvyashae 08 Shasana 2017]
[entry 32 of List II of the Seventh Schedule to the Constitution of India.]
* * *
4

KARNATAKA ACT No. 19 OF 1996
(First published in the Karnataka Gazette Extraordinary dated 18th November, 1996)
THE ROERICH AND DEVIKARANI ROERICH ESTATE (ACQUISITION AND
TRANSFER) ACT, 1996.
(Received the assent of the President on Fifteenth day of November, 1996)
(As amended by Act 19 of 2001 and 33 of 2017)
An Act to provide for acquisition of Roerich and Devikarani Roerich Estate in
Public interest and for transfer to a trust established under the Act and in order to
secure the proper management of the said Estate so as to preserve the valuable tree
growth, paintings, art objects and carvings and to establish an Art -Gallery-cum-
Museum and for matters connected therewith or incidental thereto.
WHEREAS it is necessary to provide for acquisition of Roerich and Devikarani
Roerich Estate in public in terest and for transfer to a trust established under the Act
and in order to secure the proper management of the estate so as to preserve the
valuable tree growth, paintings, art objects and carvings and for establishment of an
Art-Gallery-cum-Museum and for matters connected therewith or incidental thereto;
AND whereas for the purpose hereinbefore stated, it is expedient to provide for
the acquisition and transfer of Roerich and Devikarani Roerich Estate by legislation;
BE it enacted by the Karnataka State Legislature in the Forthy-seventh year of
the Republic of India as follows:-
CHAPTER I
PRILIMINARY
1. Short title and commencement.- (1) This Act may be called the
Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996.
(2) It shall come into force on such 1[date]1 as the State government may by
notification in the Official Gazette appoint and different dates may be appointed for
different provisions of this Act.
1. Act came into force on 21.11.1996
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date of coming into force of this Act or any
provisions thereof;
(b) "Board" means Board of Trustees established under section 21 of this
Act;
(c) "Commissioner" means Commissioner of payment appointed under
section 12 of this Act;
(d) "Executive Officer" means Executive Officer appointed under section
23 of this Act;
(e) "owners" means deceased Dr. Svetoslav Roerich and deceased
Mrs.Devikarani Roerich to whom the land specified in Schedule -I belonged and
includes any person who claims title to such lands as their heir or legal
representative;
(f) "Roerich and Devikarani Roerich Estate" means the lands specified in
Schedule-I and which belonged to deceased Dr.Svetoslav Roerich and deceased
Mrs. Devikarani R oerich or both or belongs to any transferee and includes all other
movable properties found and buildings situated on such lands and belonging to the
owners or transferees;
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(g) "Schedule" means Schedule to this Act;
(h) "specified date" means such date as the State Government may for
the purpose of any provisions of this Act, by notification, specify;
(i) "transferee" means a person to whom any land specified in Schedule-
1 has been alienated by the owners by way of sale, gift, mortgage, lease or
otherwise on or after the Ist day of January, 1991;
(j) "year" means the year commencing on the first day of April.
CHAPTER II
TRANSFER AND VESTING OF THE ESTATE
3. Transfer and vesting of the Estate in the State Government. - On the
appointed day, the Roerich and Devikarani Roerich Estate (hereinafter referred to as
the "Estate"), and the rights, title and interest of the owners and transferees in
relation to the Estate, shall, by virtue of this Act stand transferred to and shall vest
absolutely in the State Government.
4. General effect of vesting.- (1) The Estate shall be deemed to include all
assets, rights, leaseholds, powers, authorities and privileges and all property,
movable and immovable, including buildings, jewellery, painting, art works and all
other right s and interests in or arising out of such property, as were immediately
before the appointed day in the ownership, possession, power or control of the
owners or transferees and all books of accounts, registers and other documents of
whatever nature relating thereto.
(2) All properties aforesaid, which have vested in the State Government
under section 3 shall, by virtue of such vesting be freed and discharged from any
trust, obligation, mortgage, lease, charge, lien and all other encumbrances affecting
them and any attachment, injunction or decree or order of any court or any authority
restricting the use of such property, in any manner shall be deemed to have been
withdrawn.
(3) Every mortgage of any property which has vested under this Act, in the
State Government and every person holding any charge, lease, lien or other interest
in or in relation to, any such property shall give within such time and in such manner
as may be prescribed, an intimation to the Commissioner of such mortgage, lease,
charge, lien or other interest.
(4) For the removal of doubts, it is hereby declared that the mortgagee of any
property referred to in sub -section (3) or any other person holding any charges,
lease, lien or other interest in or in relation to any such property shall be entitled to
claim in accordance with his rights and interest payment of the mortgage money or
other dues in whole or in part out of the amount specified in section 7 and also out of
the amount determined under section 8 but no such mortgage, charge, lien or other
interest shall be enforceable against any property which has vested in the State
Government.
(5) If, on the appointed day, any suit, appeal or other proceeding of whatever
nature in relation to any property which has vested in the State Government under
section 3 instituted or preferred by or against the owners or transferees is pending
the same shall not abate, be discontinued or be in any way prejudicially affected by
reason of the transfer of the Estate or anything contained in this Act but the suit,
appeal or other proceeding may be continued, prosecuted and enforced by or against
the State Government or where the Estate is directed under section 6 to vest in the
Board by or against the Board.
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5. Owners or transferees to be liable for certain pri or liabilities. - (1)
Every liability of the owners or transferees in relation to the Estate in respect of any
period prior to the appointed day, shall be the liability of such owners or transferees,
as the case may be, and shall be enforceable against them and not against the State
Government or where the Estate is directed under section 6 to vest in the Board,
against the Board.
(2) For the removal of doubts it is hereby declared that,-
(a) save as otherwise expressly provided in this section or in any other
section of the Act, no liability of the owners or transferees in relation to the Estate in
respect of any period prior to the appointed day shall be enforceable against the
State Government or where the Estate is directed under section 6 to vest in the
Board, against the Board;
(b) no award, decree or order of any court, tribunal or other authority in
relation to the Estate passed after the appointed day in respect of any matter, claim
or dispute in relation to any matter which arose before that day shall be enforce able
against the State Government or where the Estate is directed under section 6 to vest
in the Board, against the Board;
(c) no liability incurred by the owners or transferees before the appointed
day, for the contravention of any provision of any law for the time being in force shall
be enforceable against the State Government or where the Estate is directed under
section 6 to vest in the Board, against the Board.
6. Power of State Government to direct vesting of the Estate in the
Board.- (1) Notwithstanding anything contained in sections 3 and 4, the State
Government shall direct by notification, that the Estate which was vested in the State
Government under section 3, shall instead of continuing to vest in the State
Government, vest in the Board with effect from the appointed day.
(2) Where the right, title and interest in relation to the Estate vest in the Board
under sub -section (1) the Board shall on and from the date of such vesting be
deemed to have become the owner in relation to such Estate and all the rights and
liabilities of the State Government under the Act on and from the date of such vesting
be deemed to have become the rights and liabilities of the Board.
7. Amount to be given to owners, transferees and other interested
persons.- For the transfer t o and vesting in the Government of the Estate under
section 3 and the right, title and interest in relation to the Estate, the Government
shall pay an amount of rupees five hundred lakhs by depositing the same with the
Commissioner and the said amount shal l be paid to the owners, transferees or such
other persons entitled thereto in the manner specified in Chapter IV.
8. Payment of further amounts. - (1) The amount specified in section 7
shall carry simple interest at the rate of four percent per annum for the period
commencing on the appointed day and ending on the date on which payment of such
amount is made by the State Government to the Commissioner.
(2) The amount determined in accordance with the provisions of sub-section
(1) shall be given by the State Government to the owners, transferees and such other
persons entitled thereto, as the case may be, in addition to the amount specified in
section 7.
(3) For the removal of doubts it is hereby declared that the liability of the
owners or transferees in rela tion to the Estate which has vested in the State
Government under section 3 shall be discharged from out of the amount referred to
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in section 7 and also from out of the amounts determined under sub -section (1) in
accordance with the rights and interest of the creditors of the owners or transferees,
as the case may be.
CHAPTER III
MANAGEMENT OF THE ESTATE
9. Management of the Estate. - The general superintendence, direction,
control and management of the Estate, the right, title and intere st in relation to the
Estate which has vested in the State Government under section 3 shall where a
direction has been made by the State Government under sub-section (1) of section 6,
vest in the Board and thereupon the Board shall be entitled to exercise, to the
exclusion of all other persons all such powers and do all such things as the Board is
authorised to exercise and do in relation to the Estate.
10. Duties of persons in -charge of management of the Estate. - (1) On
the vesting of the management of the Es tate in the Board all persons incharge of the
management of the Estate immediately before such vesting shall be bound to deliver
to the Board all assets, books of accounts, registers or other documents in their
custody relating to the Estate.
(2) The State Government may issue such directions as it may deem
desirable in the circumstances of the case to the Board and the Board may also, if it
is considered necessary so to do, apply to the State Government at any time for
instructions as to the manner in whic h the management of the Estate shall be
conducted in relation to any other matter arising in the course of such management.
11. Duty of persons to account for assets. etc., in their possession. - (1)
Any person who has, on the appointed day, in his possession o r under his control,
any assets, books, documents and other paper relating to the Estate which has
vested in the State Government or in the Board under this Act and which belong to
the owners or transferees or would have so belonged if the Estate had not v ested in
the State Government or the Board shall be liable to account for the said assets,
books, documents and other papers to the State Government or the Board or such
person or persons as the State Government or the Board may specify in this behalf.
(2) The State Government or the Board may take or cause to be taken all
necessary steps for securing possession of the Estate which has vested in the State
Government or the Board under this Act.
(3) The owners or transferees, as the case may be, shall, within such period
as the State Government may allow in this behalf, furnish to the State Government a
complete inventory of all properties and assets, as on the appointed day, pertaining
to the Estate which has vested in the State Government under section 3, and for this
purpose, the State Government or the Board shall afford to the owners or transferees
all reasonable facilities.
CHAPTER IV
COMMISSIONER OF PAYMENTS
12. Appointment of Commissioner of payments. - (1) The State
Government shall, for the purpose of disbursing the amount payable under section 7
and 8 by notification in the Official Gazette appoint a Commissioner of payments.
(2) The State Government may appoint such other persons as it may think fit
to assist the Commissioner and thereupon the Commissioner may auth orise one or
more of such persons also to exercise all or any of the powers exercisable by him
under this Act and different persons may be authorised to exercise different powers.
8

(3) Any person authorised by the Commissioner to exercise any of the
powers exercisable by the Commissioner may exercise those powers in the same
manner and with the same effect as if they have been conferred on that person
directly by this Act and not by way of authorisation.
(4) The salaries and allowances of the Commi ssioner and other persons
appointed under this section shall be defrayed out of the Consolidated Fund of the
State.
13. Payment by the State Government to the Commissioner. - (1) The
State Government shall within thirty days from the specified date, deposit, in cash,
with the Commissioner, for payment to the owners or transferees and other
interested persons,-
(a) an amount equal to the amount specified in section 7; and
(b) an amount equal to the amount payable under section 8.
(2) A deposit account shall be opened by the State Government in favour of
the Commissioner in the public account of the State, and every amount paid under
this Act to the Commissioner shall be deposited by him to the credit of the deposit
account and the said deposit account shall be operated by the Commissioner.
(3) Records shall be maintained by the Commissioner in respect of the
Estate in relation to which payments have been made to him under this Act.
(4) The interest accruing on the amount standing to the credit of the deposit
account referred to in sub-section (2) shall enure to the benefit of the owners,
transferees and other interested persons.
14. Certain powers of the State Government and the Board. - (1) The
State Government or the Board, as the case may be, shall be entitled to receive upto
the appointed day to the exclusion of all other persons any money due in respect of
the Estate which has vested in the State Government or the Board, and realised after
the appointed day, notwithstanding that the realisation pertains to a period prior to
the appointed day.
(2) The State Government or the Board, as the case may be, may make a
claim to the Commissioner with regard to every payment made by the State
Government or the Board after the appointed day for discharging any liability of the
owners or transferees in relation to the Estate, in respect of any period prior to the
appointed day and every such claim shall have priority in accordance with the
priorities attached under this Act to the matters in relation to which such liability has
been discharged by the State Government or the Board.
(3) Save as otherwise provided in this Act, the liabilities of the owners or
transferees in relation to the Estate in respect of any transaction prior to the
appointed day which have not been discharged on or before the appointed day shall
be the liabilities of the owners or transferees as the case may be.
15. Claims to be made to the Commissioner.- Every person having a claim
with regard to any of the matters specified in Schedule II in relation to the Estate
before the appointed day shall prefer such claim before the Commissioner within
thirty days from the specified date:
Provided that if the Commissioner is satisfied that the claimant was prevented
by sufficient cause from preferring the claim within the said period of thirty days, he
may entertain the claim within a further period of thirty days and not thereafter.
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16. Priority of claims. - The claims made under section 15 shall have
priorities in accordance with the following principles, namely:-
(a) Category I shall have precedence over all other categories and Category
II shall have precedence over category-III and so on;
(b) the claims specified in each of the categories shall rank equally and be
paid in full, but if the amount is insufficient to meet such claims in full, t hey shall
abate in equal proportions and be paid accordingly; and
(c) the question of discharging any liability with regard to a matter specified
in a lower category shall arise only if surplus is left after meeting all the liabilities
specified in the immediately higher category.
17. Examination of claims.- (1) On receipt of the claims made under section
15, the Commissioner shall arrange the claims in the order of priorities specified in
Schedule II and examine the same in accordance with such order of priorities.
(2) If, on examination of the claims, the Commissioner is of opinion that the
amount paid to him under this Act is not sufficient to meet liabilities specified in any
lower category he shall not be required to examine the claims in respect of s uch
category.
18. Admission or rejection of claims. - (1) After examining the claims with
reference to the priorities specified in Schedule II, the Commissioner shall fix a
certain date on or before which every claimant shall file the proof of his claim.
(2) Not less than fourteen days notice of the date so fixed shall be given by
advertisement in one issue of a daily newspaper in the English language having wide
circulation in the country and one issue of a daily newspaper in the Kannada
language, having wide circu lation in the State and every such notice shall call upon
the claimant to file the proof of his claim with the Commissioner within the time
specified in the advertisement.
(3) Every claimant, who fails to file the proof of his claim within the time
specified by the Commissioner shall be excluded from the disbursement made by the
Commissioner.
(4) The Commissioner shall after such investigation as may, in his opinion,
be necessary and after giving the claimant a reasonable opportunity of being heard,
determine the nature and extent of such claim and by order in writing admit or reject
the claim in whole or in part. The Commissioner shall also decide any dispute as to
the person or persons who are entitled to the amount and any dispute as to who are
the legal representatives of any deceased claimant.
(5) The Commissioner shall have the power to regulate his own procedure in
all matters arising out of the discharge of his functions, and shall, for the purpose of
making an investigation under this Act, have the same powers a s are vested in a
Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of
the following matters, namely:-
(a) summoning and enforcing the attendance of any witness and
examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the issuing of any commission for the examination of witness.
(6) Any investigation before the Commissioner shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228 of the Penal Code
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and the Commissioner shall be deemed to be a Civil Court for the purpose of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(7) A claimant, who is dissatisfied with the decision of the Commissioner may
prefer an appe al against the decision to the District Court within the local limits of
whose jurisdiction the Estate is situate.
19. Disbursement of the amount by the Commissioner to the claimants.-
After admitting a claim under this Act the amount due in respect of such cl aim shall
be paid by the Commissioner to the person or persons to whom such amount is due
and on such payment, the liability in relation to the Estate in respect of such claims
shall stand discharged.
1[19A. Disbursement of amount to the owners, transferees and other
interested persons.- (1) If out of the amount paid to him in relation to the estate,
there is a balance left after meeting the liabilities specified in Schedule -II, the
Commissioner shall dis burse such balance to the owners, transferees and other
interested persons.
(2) Before making any payment to the owners, trasnferees and other
interested persons in proportion to their interest in the Estate, the Commissioner shall
satisfy himself as to the ri ght of such owners, transferees and other interested
persons to receive the whole or any part of such amount and in the event of thre
being a doubt or dispute as to the right of such owner, transferee or other interested
persons to receive the whole or any part of the amount referred to in section 7 and 8,
including appointment of the amount among them, the Commissioner shal refer the
matter to the Court and make disbursement in accordance with the decision of the
Court.
(3) The court shall decide the appoitmen t of amount among the owners,
trransferees and other interested persons in relation to the estate having due regard
to the value on the appointed day, of the property forming part of the estate.
(4) Notwithstanding anything contained in this Act evidence shall be
admissible to establish the court right, title and interest of the owners, transferees or
other interested persons in relation to the estate.
Explanation: In this section 'Court' in relation to the estate means the
principal court of original jurisdict ion within the local limits of whose jurisidiction the
estate is situated.]1
1. Inserted by Act 19 of 2001 w.e.f. 21.11.1996
20. Undisbursed or unclaimed amount to be deposited to the General
Revenue Account. - Any amount paid to the Commissioner which remains
undisbursed or unclaimed on the date immediately proceeding the date on which the
office of the Commissioner is finally wound up, shall be transferred by the
Commissioner, to the General Revenue Account of the State Government: but a
claim to any amount so transferred may be preferred to the State Government by the
person entitled to such payment and shall be dealt with as if such transfer had not
been made and the order, if any, for payment of the claims being treated as an order
for the refund of revenue.
21. The Board of Trustees. - (1) There shall be a Board of Trustees for the
administration and management of the Estate, consisting of the following:-
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1. The Chief Secretary to Government ... Chairman
of Karnataka.
2. The Principal Secretary to Government,

...

Member
Revenue department,
Government of Karnataka.
3. The Secretary to Government,

...

Member
Department of Law, Government
of Karnataka.
4. The Secretary to Government,

Member
Incharge of Forest Department,
Government of Karnataka.
5. The Secretary to Government,

Agriculture and Horticulture Department, ... Member
Government of Karnataka.
6. The Secretary to Government,

Kannada and Culture Department, ... Member
Government of Karnataka.
7. A person to represent the State

Lalitha Kala Academy to be ... Member
nominated by the State Government.
8. Secretary, Department of Culture,

Government of India or his representative ... Member
9. Foreign Secretary, Ministry of External
Affairs, Government of India or his
... Member
representative.
1[XXX
XXX
XXX
XXX]1

14. A person to represent the Karnataka
Chitrakala Parishat, to be nominated

by the State Government. ... Member
15. The Executive Officer. ... Member-Secretary
(2) The Board shall meet at such time, at such place and shall conduct its business in
such manner as may be prescribed.
1. Omitted by Act 33 of 2017 w.e.f. 11.07.2017.
22. Powers and duties of the Board. - Subject to the rules made under this
Act, the powers and duties of the Board shall be,-
(a) to administer and manage the Estate;
(b) to establish and maintain Art Gallary -cum-Museum in the name of
Dr.S.Roerich and Mrs. Devikarani Roerich;
(c) to lay -out and maintain public park and to preserve tree growth in the
Estate;
(d) to cultivate and protect linaloe crop in the Estate;
(e) to take all necessary steps for collection of paintings and Art pieces and
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other literary works of Dr.S.Roerich and Mrs. Devikarani Roerich;
(f) to levy, subject to such condition as the State Government may impose,
fees for entry into the public parks and Museum-cum-Art Gallary; and
(g) to do such other acts as may be prescribed and as are incidental or
conducive to the efficient administration of the Estate by the Board.
23. Appointment of Executive Officer and other officers. - (1) The State
Government shall appoint an Executive Officer to the Board and such number of
other officers as it considers necessary to assist him.
(2) The salary and other allowances payable to the Executive Officer, and
other Officers appointed under sub -section (1) shall be met out of the fund of the
Board.
(3) The Executive Officer and other officers appointed by the State
Government shall be deemed to be public servants within the meaning of section 21
of the Penal Code.
24. Powers and duties of the Executive Officer and other officers. - (1)
Subject to such restrictions and conditions as may be laid down by the State
Government in the rules or in any general or special order and subject to the general
control of the Board, the Executive Officer,-
(a) shall have power to manage the affairs of the Board;
(b) shall be responsible for the proper custody of all properties, records,
jewels, moneys, paintings, funds, and other valuable belongings of the Board;
(c) shall arrange for the proper collection of the income and for the incurring
of the expenditure of the Board.
(2) The Executive Officer may, in case of emergency direct execution of any
work or doing of any act which is not provided for in the budget of the year and the
immediate execution or the doing of which is, in his opinion necessary for the
preservation of the properties of the Board and may direct that the expenses of
executing such work or the doing of such act shall be paid from the Fund of the
Board:
Provided that the Executive Officer shall report forthwith to the Board any
action taken by him under this sub-section and reasons therefor.
(3) The Executive Officer may delegate any of the powers conferred or
duties imposed on him by or under this Act to any offi cer appointed under section 23
to assist him, subject to such restriction and control as the Board may, by general or
special order, lay down and also subject to such limitations and conditions, if any, as
may be specified in the order of delegation.
13

(4) The Board may delegate to the Executive officer such of its powers,
duties or functions as may be prescribed.
25. Suits and other legal proceedings by or against Board. - In all suits
and other legal proceedings by or against the Board the pleadings shall be signed
and verified by the Executive Officer and all process in such suits and proceedings
shall be issued to, or served on the Executive Officer.
26. Fund.- (1) There shall be a fund called the Board Fund which shall be
administered by the Board.
(2) The following shall form part of, or be paid into, the Board Fund, namely.-
(i) the income from Estate or proceeds of any property vested in the
Board;
(ii) all fees and charges paid to, or levied by or on behalf of, the Board
under this Act;
(iii) all grants and contributions made by the State Government or any other
authority;
(iv) all contributions and donations made by any person;
(v) sums raised by way of loan by the Board with the previous sanction of
the State government;
(vi) any other sums.
27. Power to borrow. - The Board may, with the previous sanction of the
State Government and subject to such conditions as may be prescribed borrow any
sum for the purpose of this Act.
28. Utilisation of the Fund. - The Fund may be utilised for all or any of the
following purposes, namely:-
(i) maintenance, management and administration of the Estate;
(ii) laying out and maintenance of public park;
(iii) establishment and maintenance of Art Gallery-cum-Museum;
(iv) preservation of tree growth in the Estate;
(v) for cultivation of linaloe crop;
(vi) for payment of salaries and allowances of Executive Officer and other
officers appointed under section 23;
(vii) for any other purpose as may be prescribed.
29. Audit.- (1) The State Government shall annually appoint an auditor to
audit the accounts of the Board and fix the remuneration which shall be paid to such
auditor from the Board Fund. The auditor shall send his report to the State
Government.
(2) The State Government shall send a copy of the audit report to the Board
and it shall be the duty of the Board to remedy, within such tim e as may be specified
by the State Government any defects or irregularities pointed out by the auditor and
report the same to the State Government.
30. Budget.- (1) The Executive Officer shall, every year, prepare within such
time and in such form as may be pr escribed, a budget and estimated receipts and
expenditure of the Board for the following year and place it before the Board which
may approve it without modification or with such modification as it deems fit.
14

(2) A copy of the budget pass ed by the Board shall be forwarded to the State
Government not less than two months before the end of the year previous to that for
which the budget is prepared.
CHAPTER VI
MISCELLANEOUS
31. Act to have overriding effect. - The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law for
the time being in force or in any instrument having effect by virtue of any law other
than this Act or in any decree or order of any court, tribunal or any other authority.
32. Contract to cease to have effect unless ratified by Board. - Every
contract entered into by the owners or the transferees, in relation to the Estate which
has vested in the State Government under section 3 and in force immediately before
the appointed d ay, shall on and from the expiry of thirty days from the appointed
day, cease to have effect unless such contract is, before the expiry of that period,
ratified in writing by the Board and in ratifying such contract, the Board may make
such alteration or modification therein, as it may think fit:
Provided that the Board shall not omit to ratify a contract and shall not make
any alteration or modification in a contract,-
(a) unless it is satisfied that such contract is unduly onerous or has been
entered into in bad faith or is detrimental to the interest of the Board:
(b) except after giving to the parties to the contract a reasonable opportunity
of being heard and except after recording in writing its reasons for refusal to ratify the
contract or for making any alteration or modification therein.
33. Protection of action taken in good faith. - (1) No. suit, prosecution or
other legal proceeding shall lie against the State Government or the Board or any
Officer or other employee of the State Government or the Board or oth er person
authorised by the State Government or the Board for anything which is in good faith
done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the State Government
or the Board or any officer or other em ployee of the State Government or the Board
or other person authorised by the State Government or the Board for any damage
caused or likely to be caused by anything which is in good faith done or intended to
be done.
34. Penalties.- Any person who,-
(a) having in his possession or custody or control any property forming part of
the Estate wrongfully withholds such property from the State Government or the
Board; or
(b) wrongfully obtains possession or retains any property forming part of the
Estate; or
(c) wilfully withholds or fails to furnish to the State Government or the Board or
to any person or body of persons specified by the State Government or the Board, as
the case may be, any document or inventory relating to the Estate which may be in
his possession, custody or control; or
(d) wrongfully removes or destroys any property forming part of the Estate; or
(e) prefers any claim under this Act which he knows or has reasonable cause
to believe to be false or grossly inaccurate;
15

shall be punishable with imprisonment for a term which may extend to two years or
with fine which may extend to ten thousand rupees or with both.
35. Offences by companies. - (1) Where any offence under this Act has
been committed by a company every person, who, at the time the offence was
committed was in charge of the business of the company, 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, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub -section (1), where any 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 director, manager, secretary or other officer of t he company
such director, manager, secretary or other officer shall 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 any body corporate and includes a firm or other association
of individuals;
(b) "director" in relation to a firm, means a partner in the firm.
36. Revision.- The State Government may call for and examine the records
of the Board or the Executive Officer in respect of any proceedings to satisfy itself as
to the regularity of such proceedings or correctness, legality or propriety of a decision
or an order passed therein.
(2) If it appears to the State Government that the decision or order should be
modified, annulled or reversed, it may pass orders accordingly.
(3) The State Government shall not pass any order affecting any party under
sub-section (2) without giving him an opportunity of being heard.
(4) The State Government may stay the execution of any decision or order of
the nature r eferred to in sub -section (1) pending the exercise of its powers under
sub-section (2).
37. Power to make rules. - (1) The State Government may by notification,
make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejud ice to the generality of the foregoing
powers such rules may provide for all or any of the following matters, namely:-
(a) the time within which and the manner in which an intimation referred
to in sub-section (3) of section 4 shall be given;
(b) the convening of meetings and the transaction of business of the
Board under section 21;
(c) the restrictions and conditions subject to which Executive Officer may
exercise his powers and perform his duties under section 24;
(d) the conditions subject to which the Board may borrow any sum under
section 27;
(e) other purposes for which the fund may be utilised under section 28;
(f) the preparation of the budget estimates of the Board;
16

(g) the audit of the accounts of the Board and the particulars to be
contained in the audit report;
(h) the recovery of amounts payable to the auditors appointed by the
State Government;
(i) the maintenance and custody of the accounts, records and the
documents of the Board;
(j) any other matter which is required to be, or may be prescribed.
(3) Every rule made by the State Government 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
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereaf ter 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.
38. Power to remove difficulties. - If any difficulty arises in giving effect to
the provisions of this Act the State Government may, by order, not inconsistent with
the provisions of this Act, remove the difficulties:
Provided that no such order shall be made after the expiry of a period of two
years from the appointed day.
SCHEDULE I
[(See section 2(e), (f) and (i)]
DETAILS OF LANDS HELD BY Mrs. DEVIKA RANI ROERICH AND Dr.S.ROERICH IN
BANGALORE SOUTH TALUK
KNOWN AS TATGUNNI ESTATE.
Name of Name of Sy. Extent in Acres Extent in Hecteres
Village Hobli No. Gross Kharab Net Gross Kharab Net
1. Land heid by Smt. Devika Rani Roerich

(1)Uttarahalli Uttara 15/1 11.05 11.00 0.05 4.50 4.45 0.05
Manavarthi halli 15/3C 39.09 0.37 38.12 15.87 0.37 15.50
kaval 15/4 9.20 0.20 9.00 3.84 0.20 3.64
16/2 13.30 0.39 12.31 5.56 0.39 5.17
(2) B.M.Kaval Kengeri 127 0.25 - 0.25 0.25 - 0.25
128 59.15 0.25 58.30 24.02 0.25 23.77
130 91.32 0.16 91.16 37.15 0.16 36.99
225.16 14.17 210.39 91.19 5.82 85.37
II. Land held by Sri S. Roerich

(1) Uttarahalli Uttara 38 100.00 - 100.00 40.46 - 40.46
Manavarthi halli 14 18.17 - 18.17 7.46 - 7.46
kaval (12) 15/2 21.25 0.25 21.00 8.75 0.25 8.50
15/3B 37.08 10.22 26.26 15.05 4.27 10.78
15/3D 10.25 0.21 10.04 4.30 0.21 4.09
16/1 3.12 0.20 12.32 5.38 0.20 5.18
17

(2) B.M.Kaval Kengeri 124 14.05 2.33 11.12 5.72 1.14 4.58
126 23.28 0.10 23.18 9.59 0.10 9.49
(3) Agara Kengeri 57 0.17 - 0.17 0.17 - 0.17
61 (Part) 4.00 - 4.00 1.62 - 1.62
243.17 15.11 228.06 98.50 6.17 92.33

III. Out of the extent of land specified in Sl.No. I and II the following lands have been sold to
K.T. Plantations Private Limited having its registered office situated at No.9, Vinayaka
Buildings, Sampige Road, I Cross, Malleshwaram, Bangalore-560 003.
(1) B.M.Kaval Kengeri 124 14.05 2.33 11.12 5.72 1.14 4.58
126 23.28 0.10 23.18 9.59 0.10 9.49
(2) Agara Kengeri 57 0.17 0.00 0.17 0.17 - 0.17
61 (Part) 3.15 - 3.15 1.37 - 1

Excerpt shown. Open the full act in Lexace.

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