Chapter IV COMMISSIONER OF PAYMENTS

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.

1. (2) The State Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise 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.
2. (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.
3. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of the

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,-

1. (a) an amount equal to the amount specified in section 7; and
2. (b) an amount equal to the amount payable under section 8.

1. (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.
2. (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.
3. (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.

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.

1. (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.

1. (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.

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.

The claims made under section 15 shall have priorities in accordance with the following principles, namely:-

1. (a) Category I shall have precedence over all other categories and Category II shall have precedence over category-III and so on;
2. (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, they shall abate in equal proportions and be paid accordingly; and
3. (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.

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.

1. (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 such category.

(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.

1. (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 circulation 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.

1. (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.
2. (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.
3. (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 as are vested in a

Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-

1. (a) summoning and enforcing the attendance of any witness and examining him on oath;
2. (b) the discovery and production of any document;
3. (c) the reception of evidence on affidavits;
4. (d) the issuing of any commission for the examination of witness.

1. (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 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.
2. (7) A claimant, who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the District Court within the local limits of whose jurisdiction the Estate is situate.

After admitting a claim under this Act the amount due in respect of such claim 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) 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 disburse such balance to the owners, transferees and other interested persons.

1. (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 right 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.
2. (3) The court shall decide the appoitment 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.
3. (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 jurisdiction within the local limits of whose jurisidiction the estate is situated.]

¹ Inserted by Act 19 of 2001 w.e.f. 21.11.1996

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.

(1) There shall be a Board of Trustees for the administration and management of the Estate, consisting of the following:-

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]

14. A person to represent the Karnataka

Chitrakala Parishat, to be nominated by the State Government. ... Member 15. The Executive Officer. ... Member-Secretary

1. (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.

Act, the powers and duties of the Board shall be,-

1. (a) to administer and manage the Estate;
2. (b) to establish and maintain Art Gallary-cum-Museum in the name of Dr.S.Roerich and Mrs. Devikarani Roerich;
3. (c) to lay-out and maintain public park and to preserve tree growth in the Estate;
4. (d) to cultivate and protect linaloe crop in the Estate;
5. (e) to take all necessary steps for collection of paintings and Art pieces and other literary works of Dr.S.Roerich and Mrs. Devikarani Roerich;
6. (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
7. (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.

Government shall appoint an Executive Officer to the Board and such number of other officers as it considers necessary to assist him.

1. (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.
2. (3) The Executive Officer and other officers appointed by the State

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,-

1. (a) shall have power to manage the affairs of the Board;
2. (b) shall be responsible for the proper custody of all properties, records, jewels, moneys, paintings, funds, and other valuable belongings of the Board;
3. (c) shall arrange for the proper collection of the income and for the incurring of the expenditure of the Board.

1. (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.

1. (3) The Executive Officer may delegate any of the powers conferred or duties imposed on him by or under this Act to any officer 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.
2. (4) The Board may delegate to the Executive officer such of its powers, duties or functions as may be prescribed.

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.

(1) There shall be a fund called the Board Fund which shall be administered by the Board.

1. (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.

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.

The Fund may be utilised for all or any of the following purposes, namely:-

1. (i) maintenance, management and administration of the Estate;
2. (ii) laying out and maintenance of public park;
3. (iii) establishment and maintenance of Art Gallery-cum-Museum;
4. (iv) preservation of tree growth in the Estate;
5. (v) for cultivation of linaloe crop;
6. (vi) for payment of salaries and allowances of Executive Officer and other officers appointed under section 23;
7. (vii) for any other purpose as may be prescribed.

(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.

1. (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 time 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.

(1) The Executive Officer shall, every year, prepare within such time and in such form as may be prescribed, 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. (2) A copy of the budget passed 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.

1. (2) A copy of the budget passed 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.