Chapter II IMPROVEMENT BOARDS

(1) As soon as may be, after the commencement of this Act the Government, may by notification, establish for the purposes of this Act a Board for any urban area to be called the “The Improvement Board of ........................\".

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and shall by the said name sue and be sued.

(3) The jurisdiction of the Board constituted in respect of any urban area shall stand extended to such other areas as may be notified under clause (o) of sub-section (1) of section 2 in respect of such urban area, with effect from the date of such notification.

The Board shall consist of the following members, namely:-

(1) Subject to the pleasure of the Government, the Chairman and other members appointed by the Government shall hold office for a period of three years:

Provided that the term of office of the representative of the local authority shall come to an end when he ceases to be a councillor or member or when the local authority is superseded.

(2) The Chairman or a member, other than an ex-officio member, may resign his office by writing under his hand addressed to the Government but shall continue in office until his resignation is accepted.

(3) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy or defect in the constitution of the Board.

Any casual vacancy in the office of a member other than the Chairman occasioned by death, resignation or disqualification of such member or occasioned by virtue of the proviso to sub-section (1) of section 5 shall be filled within one month of the occurance of the vacancy in the same manner and subject so far as may be, to the same conditions specified in section 4 or section 12-A:

Provided that the representatives of a superseded local authority shall be nominated by the Government:

Provided further that the member so chosen or nominated shall continue in office for the remainder of the term of the member in whose place he is appointed.

(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 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 the service of the Central Government or a State Government or a 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 Board or in any contract or employment with or under or by or on behalf of the Board; or

(f) being an elected member ceases to be a councillor or a member of the local authority concerned; or

(g) is employed as paid legal practitioner on behalf of the Board or accepts employment as legal practitioner against the Board.

(2) A person shall not be disqualified under clause (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board is inserted.

The Government shall remove a member if,-

(a) he becomes subject to any of the disqualifications mentioned in section 7:

Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given an opportunity of making his representation aganist the proposal ;\ or

(b) he refuses to act or becomes incapable of acting; or

(c) he, without obtaining leave of absence from the Board, absents from three consecutive meetings of the Board; or

(d) in the opinion of the 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.

(1) The meetings of the Board shall be convened by the Chairman and shall be held at any place within the jurisdiction of the Board.

(2) The Board shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum) as may be provided by the bye-laws.

(3) 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.

(4) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the event of an equality of votes, the Chairman 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 Board 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.

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 Board if such act or proceeding is otherwise in accordance with the provisions of this Act.

(1) Every contract shall be made on behalf of the Board by the Chairman:

Provided that,-

(a) no contract involving an expenditure exceeding two lakhs rupees shall be made except with the previous sanction of the Government;

(b) (i) no contract involving an expenditure exceeding fifty thousand rupees but not exceeding two lakhs rupees shall, subject to clause (a), be made without the previous sanction of the Board;

(ii) no estimate or tender involving an expenditure of two lakhs rupees or more, shall, subject to clause (a), be sanctioned or accepted without the previous sanction of the Board.

(2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate.

(3) Every contract made by the Chairman shall, subject to the approval of the Board, be entered into in such manner and form as may be prescribed.

(4) Any contract not made and executed as provided in this section and the rules made thereunder shall not be binding on the Board.

The Chairman shall-

(1) attend every meeting of the Board, unless prevented by sickness or other reasonable cause;

(2) carry into effect the resolutions of the Board;

(3) keep and conduct the Board’s correspondence;

(4) carry out and execute such schemes and works as the Government may require under sub-section (3) of section 13 and incur, subject to the other provisions of this Act, necessary expenditure therefor;

(5) exercise supervision and control over the acts and proceedings of all officers and servants of the Board in matters of executive administration and in matters concerning the accounts and records of the Board; and to the extent specified in section 54 dispose of all questions relating to the service conditions of officers and servants, and their pay, privileges and allowances;

(6) furnish to the Government a copy of the minutes of the Boards’s proceedings and also furnish any returns or other information which the Government may, from time to time, call for; and

(7) perform such other duties as are imposed on him by or under this Act.

(1) The Government shall by notification, constitute for the Bagalkot Town Area an authority to be called the Bagalkot Town Development Authority (hereinafter in this Chapter referred to as the Authority).

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and common seal, with power to acquire, hold and dispose of property and to contract and shall by the said name sue and be sued.

(3) The Authority shall consist of the following members, namely :-

(i) a Chairman who shall be appointed by the Government ;

(ii) the Member of the Parliament representing a part or whole of Bagalkot Town Area;

(iii) the Members of the Karnataka Legislative Assembly representing a part or whole of Bagalkot Town Area;

(iv) the President of the City Municipal Council Bagalkot;

(v) the Secretary to Government, Finance Department, Government of Karnataka, or his nominee ;

(vi) the Secretary to Government, Housing and Urban Development Department, Government of Karnataka, or his nominee ;

(vii) the Secretary to Government, Public Works, Command Area Development and Electricity Department, Government of Karnataka, or his nominee ;

(viii) the Chief Engineer, Upper Krishna Project, Dam Zone, Almatti ;

(ix) the Deputy Director of Town Planning, Belgaum ;

(x) the Deputy Commissioner, Bijapur District ;

(xi) three non-official members being residents of Bagalkot Town Area appointed by the Government ; and

(xii) the Chief Engineer of the Authority who shall be the member-secretary.

(4) The Authority shall execute the works approved by the Action Plan Committee constituted under section 12-B.

(5) Subject to the provisions of sections 12-A, 12-B, 12-C, 12-D, 12-E, 12-F and 12-G, the provisions of this Act shall mutatis mutandis apply to the Authority.

(1) In addition to the other powers and duties of the Authority under this Act, the Authority shall take expeditious steps to shift that portion of the Bagalkot Town Area which is to be submerged by the Almatti Dam and for this purpose, there shall be constituted an Action Plan Committee consisting of the following members, namely :-

(i) the Additional Chief Secretary to Government of Karnataka who shall be the Chairman ;

(ii) the Commissioner and Secretary to Government, Revenue Department, Government of Karnataka ;

(iii) the Secretary to Government, Housing and Urban Development Department, Government of Karnataka ;

(iv) the Secretaries to Government, Public Works Command Area Development and Electricity Department Government of Karnataka ;

(v) the Secretary to Government, Finance Department, Government of Karnataka.

(vi) the Director, Karnataka Engineering Research Station, Krishnaraja Sagar ;

(vii) the Chief Architect to Government of Karnataka ;

(viii) the Director of Town Planning, Government of Karnataka;

(ix) the Chief Engineer, Upper Krishna Project, Dam Zone, Almatti ;

(x) the Divisional Commissioner, Belgaum Division, Belgaum;

(xi) the Divisional Joint Director, Health and Family Welfare Services, Belgaum Division, Belgaum; and

(xii) the Chief Engineer of the Authority who shall be the member-secretary.

(2) The Authority shall be bound by the directions, orders and instructions issued from time to time by the Action Plan Committee or the High Level Review Committee constituted under section 12C.

To review the progress of works done by the Authority there shall be a High Level Review Committee consisting of the following members, namely :-

(i) the Chief Minister, Karnataka, who shall be the Chairman ;

(ii) the Minister in-charge of Public Works, Karnataka;

(iii) the Minister in-charge of Irrigation, Karnataka ;

(iv) the Minister in-charge of Bijapur District ;

(iva) the Minister incharge of Urban Development, Karnataka;

(v) the Additional Chief Secretary to Government of Karnataka;

(vi) the Development Commissioner, Government of Karnataka;

(vii) the Secretary to Government, Finance Department, Government of Karnataka ;

(viii) the Secretary to Government, Housing and Urban Development Department, Government of Karnataka; and

(ix) the Secretary to Government, Public Works, Command Area Development and Electricity Department, Government of Karnataka, or his nominee who shall be the member-convener.

(1) The Chief Engineer of the Authority (hereinafter referred to in this Chapter as the Chief Engineer) may, on behalf of the Authority, sanction any estimates, call for tenders or enter into any contract or agreement the value or amount whereof shall not exceed ten lakhs of rupees in such manner and form as according to the law for the time being in force would bind him, if such contract or agreement were on his own behalf; and every such contract or agreement shall be reported to the Authority at its next meeting.

(2) The Authority may sanction any estimate, call for tenders or enter into any contract or agreement the value or amount whereof exceeds ten lakhs of rupees but does not exceed fifty lakhs of rupees; and where the value or amount of any estimate, contract or agreement exceeds fifty lakhs of rupees the same shall not be entered into except with the previous sanction of the Government.

(3) Every contract or agreement on behalf of the Authority other than a contract or agreement referred to in sub-section (1) shall be in writing and shall be signed by the Chief Engineer and sealed with the common seal of the Authority.

(4) The common seal of the authority shall be in the custody of the Chief Engineer who shall personally affix the seal to any contract or instrument.

(5) The acceptance of any tender shall be subject to such rules as may be prescribed.

(6) A contract not made or executed as provided in this section and the rules made thereunder shall be null and void and shall not be binding on the Authority.

(1) The Government shall appoint an officer not below the rank of a Chief Engineer to be the Chief Engineer of the Authority.

(2) The Chief Engineer shall receive such monthly salary and other allowances as the Government may from time to time, determine.

(3) The Government may, from time to time, grant leave of absence for such period as it thinks fit to the Chief Engineer. A copy of every order granting such leave shall be communicated to the Chairman.

(1) The Chief Engineer shall be the Chief Executive and Administrative Officer of the Authority.

(2) The Chief Engineer 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) carry into effect the resolutions of the Authority ;

(b) keep and conduct the Authority’s correspondence ;

(c) carry out and execute such schemes and works as the Government may direct and incur necessary expenditure therefor ;

(d) be responsible for implementing the schemes of the Authority ;

(e) operate the accounts of the Authority and be responsible for the maintenance of the accounts of the Authority ;

(f) exercise supervision and control over the accounts and proceedings of all officers and servants of the Authority in matters of executive administration and in the matters concerning the accounts and records of the authority and exercise the powers of the Chairman under sub-section (1) of section 54 relating to the officers and servants of the Authority;

(g) furnish to the Government a copy of the minutes of the Authority's proceedings and any return or other information which the Government may, from time to time, call for ;

(h) authenticate by his signature all permissions, orders, decisions, notices and other documents of the Authority and the orders of the Chairman; and

(i) have all the powers of a major Head of the Department of the State Government under the Karnataka State Civil Services Rules for the time being in force as respects the officers and servants of the Authority.

(1) Notwithstanding anything contained in this Act, if any difficulty arises in giving effect to the provisions of this Act in its application to the Authority, the Government may, by order, make such modifications to the Act or to any rule or bye-law made thereunder as it may consider necessary to remove such difficulty.

(2) Every order made under sub-section (1) 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 or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions, both Houses agree in making any modification to the order or the annulment of the order, the order, shall, with effect from the date on which the modification or annulment is notified by the Government in the official Gazette, 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 done under such order.