Chapter VIII CONTROL

The Board shall carry out such directions as may be issued to it from time to time by the Government under the provisions of the Act for the efficient administration of the Board and its affairs.

If the Board fails to carry out any direction issued under section 55 within the period, if any, fixed in such direction, the Government may make arrangements to take such action and recover all expenses connected therewith from out of the Board’s Fund.

If in the opinion of the Government the execution of any order or resolution of the Board or the doing of anything which is about to be done or being done by or on behalf of the Board is unjust, unlawful or improper or is causing or is likely to cause loss or damage to or prejudice to the interests of the Board or is causing or likely to cause injury or annoyance to the public or breach of the peace, the Government may, by order, cancel or modify such order or resolution or pass such other order as it deems fit :

Provided that before passing an order under this section, the Government shall give the Board an opportunity of making representation against the proposed order :

Provided further that pending action under this section, the Government may direct the stay of the execution of any order or resolution of the Board or the doing of anything by or on behalf of the Board subject to such conditions as it may think fit.

(1) If the Government is satisfied that the Board has made default in performing any duties imposed on it by or under this Act or any other law or has abused its power or is acting in a manner prejudicial to the interests of the Board or its finances the Government may by notification, supersede and reconstitute the Board:

Provided that before issuing the notification under this sub-section the Government shall give an opportunity to the Board to make a representation why it should not be superseded and shall consider the representation, if any, made.

(2) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board shall be exercised by such officer or officers as the Government may appoint.

(1) Where the Government is satisfied that the purpose for which the Board was established has been substantially achieved so as to render the existence of the Board unnecessary, it may, by order published in the official Gazette, declare that the Board shall be dissolved with effect form such date as may be specified in the order and thereupon the Board shall be deemed to be dissolved accordingly.

(2) From the said date,-

(a) all properties, funds, dues which are vested in or releasible by the Board shall vest in or be releasible by the local authority concerned ;

(b) all Government lands placed at the disposal of the Board shall revert to the Government;

(c) all liabilities which are enforceable against the Board shall be enforceable against the local authority concerned; and

(d) for the purpose of carrying out any development which has not been fully carried out by the Board and for the purpose of realising the properties, funds and dues referred to in clause (a), the functions of the Board shall be discharged by the local authority concerned.

(3) When the Board is dissolved under sub-section (1), the Government may pass such orders as it deems necessary in respect of the officers and servants of the Board. (b) all Government lands placed at the disposal of the Board shall revert to the Government;

(c) all liabilities which are enforceable against the Board shall be enforceable against the local authority concerned; and

(d) for the purpose of carrying out any development which has not been fully carried out by the Board and for the purpose of realising the properties, funds and dues referred to in clause (a), the functions of the Board shall be discharged by the local authority concerned.

(3) When the Board is dissolved under sub-section (1), the Government may pass such orders as it deems necessary in respect of the officers and servants of the Board.

If any member or officer or servant of the Board knowingly acquires, directly or indirectly by himself or by a partner, employer or servant, any share or interest in any contract or employment with, by or on behalf of the Board, he shall be deemed to have committed the offence under section 168 of the Indian Penal Code :

Provided that a person shall not be deemed to have any share or interest, in such contract or employment by reason only of his having a share or interest if any, in any newspaper in which any advertisement relating to the affairs of the Board is inserted.

Every member and every officer or other employee of the Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

No court shall take cognizance of an offence under this Act, the rules or bye-laws made thereunder except on the complaint made with the previous approval of the Board by such officer as the Board may authorise in this behalf.

All fines recovered under this Act by or under the order of a court shall be paid to the credit of the Board Fund.

Save as otherwise provided in section 22 all sums due by any person to the Board on account of sale proceeds of property vested in or acquired by the Board or otherwise howsoever and remaining in arrears after fifteen days from the date of service on such person of a notice of demand may be recovered in any one or more of the following ways, namely:-

(1) by distraint and sale, by or under the orders of the Board, of the movable property of such person ; and

(2) as arrears of land revenue, on the written application of the Board in this behalf to the Deputy Commissioner of the district in which proceedings are required to be taken.

No suit, prosecution or other legal proceedings shall lie against the Board, the Chairman, member, officer or servant of the Board or any person acting under the orders or directions of the Board for anything which is in good faith done or intended to be done under this Act or any rule or bye-law made thereunder.

Save as otherwise provided any notice or order issued or made under this Act shall be served in the prescribed manner.

(1) Where an offence under this Act is committed by a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence, 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 exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purpose of this section,-

(a) ‘company’ means a body corporate and includes a firm or other association of individuals ; and

(b) ‘director’ in relation to a firm means a partner in the firm.

(1) Save as provided in this Act the provisions of this Act shall be in addition to and not in derogation of any other law.

(2) Where a Board is constituted for and is functioning in any urban area the provisions contained in Chapter VIII of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), shall not be applicable to such area.