Chapter III DEVELOPMENT AND MAINTENANCE OF KAGINELE

(1) Notwithstanding any custom, tradition, practice or terms of any trust created and subsisting under any law for the time being in force, the full control, ownership, management and superintendence of all or any of the heritage sites at Kaginele specified in the Schedule if not already vested in the State Government shall be acquired by the State Government in accordance with the Land Acquisition Act, 1894 (Central Act 1 of 1894) and such land shall thereafter be transferred to the Authority from the date notified by the State Government:

Provided that the land acquired under this Act shall be deemed to have been acquired for public purpose under the Land Acquisition Act, 1894.

1. (2) The State Government may by general or special order make transitory provisions, if in the opinion of the State Government; it is expedient to do so.

The State Government may by notification amend the Schedule by adding or modifying any entry therein, after following such procedure as may be prescribed.

Authority shall, as soon as may be, after its constitution prepare a plan for the development of Kaginele into international pilgrim, cultural and tourist centre and a centre for deliberation and propagation of the tenets of poet saint Kanakadasa and his contemporaries and disciples. The Development plan may include,-

1. (a) Conservation and restoration of any heritage site of structure and programmes for its maintenance;
2. (b) proposals for acquiring land by acquisition or purchase, or exchange or

otherwise, which in the opinion of the Authority is necessary for execution of the development plan;

1. (c) putting up public parks, horticultural or zoological gardens, fountains ,artificial water falls, game parks, lakes with boating or other water games or such other tourist attractions;
2. (d) construction of choultries, lodging houses, cottages, hotels, restaurants and boarding houses to cater to different classes of tourists;
3. (e) construction of necessary chain of shops or shopping complexes;
4. (f) construction of an auditorium in the style of Anubhava Mantapa;
5. (g) construction of prayer halls and meditation halls at strategic places;
6. (h) provision of amenities as defined in section 2;
   • (i) laying and relaying of all or any land including, construction and reconstruction of buildings;
7. (j) providing drainage, electricity and water supply and sanitation;
8. (k) raising any land which the Authority may consider expedient to raise to facilitate its plan of action in general and better drainage in particular;
9. (l) forming open spaces for the better ventilation of the area comprised in the Kaginele or in any adjoining area;
10. (m) demolition of all buildings unfit for human habitation and not fitting into the developmental plan;
11. (n) demolition of obstructive building or portions of buildings;
12. (o) construction and reconstruction of buildings, their maintenance and preservation;
13. (p) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 26;
14. (q) providing accommodation to the employees of the Authority;
15. (r) providing facilities for communication and transport;
16. (s) such adjustments and agreements with the existing religious institutions in the geographical area of developmental plan which can be allowed to continue so long as they fit into the scheme of the development plan;
17. (t) any other matter which in the opinion of the Authority, is expedient and incidental, to develop and maintain the Kaginele as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation not only of poet saint kanakadasa but also of his contemporaries and disciples; and to protect and develop other places of importance connected with the life and teachings of poet saint Kanakadasa and his contemporaries, and disciples and for the establishment of an educational

and research centre for Dasa Sahitya Studies and specialized library on the subject.

1. (u) excavation and exploration of archaeological nature to unearth ancient monuments if any believed to be buried in any of the historical and heritage sites within the territorial limits of the Authority: Provided that nothing contained in this clause shall be deemed to override the provisions of the Ancient Monuments and Historical Sites and Remains Act, 1958 (Central Act 24 of 1958).

1. (2) The development plan prepared under sub-section (1) shall be forwarded by the Commissioner to the State Government for its approval. The State Government may approve the plan with or without any modifications.
2. (3) After approval of the development plan under sub-section (2), the State Government may, on the recommendations of the Authority make such modifications to the plan as it deems necessary, from time to time.
3. (4) The Authority shall have power to undertake works and incur expenditure for the execution of the development plan approved by the State Government under this section.

recommendation of the Authority or otherwise make provision for the maintenance of Kaginele which shall include the manner in which the properties of the Authority including the heritage sites can be employed, the rates, fees or other charges that can be collected from the devotees, pilgrims, tourists and other visitors to the town for the various facilities that they could make use of and for such other matters as may be expedient from the premises of the heritage sites; power to recover rent or damages as arrears of land revenue etc.

Grama Panchayat for Kaginele;- Notwithstanding anything contained in the Karnataka Panchayat Raj Act 1993) (Karnataka Act No 14 of 1993) on and from the date of its constitution, the Authority shall be deemed to be the Development Authority & Village Panchayat for Kaginele, and the Authority shall have all the powers and perform all the functions of a Grama Panchayat as if the said Authority has been constituted under section 4 of the Karnataka Panchayat Raj Act 1993 (Karnataka Act 14 of`1993).

permission of the Authority; (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority no authority or person shall undertake any development within Kaginele of the types as the Authority may from time to time specify by notification published in the Official Gazette.

1. (2) No local authority shall grant permission for any development referred to in sub- section (1), within Kaginele, unless the Authority has granted permission for such development.
2. (3) Any authority or person desiring to undertake development referred to in sub- section (1) shall apply in writing to the Authority for permission to undertake such development.
3. (4) The Authority may, after making such inquiry as it deems necessary grant such permission with or without conditions, as it may deem fit to impose or refuse to grant such permission.
4. (5) Any authority or person aggrieved by the decision of the Authority under sub- section (4) may, within thirty days from the date of the decision, appeal against such decision to the State Government, whose decision thereon shall be final: Provided that, where the aggrieved authority submitting such appeal is under the administrative control of the Central Government, the appeal shall be decided by the State Government, after consultation with the Central Government.
5. (6) In case any person or authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.

The Authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purposes of,-

1. (a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
2. (b) examining works under construction and ascertaining the course of sewers and drains;
3. (c) digging or boring into the sub-soil;
4. (d) setting out boundaries and intended lines of work;
5. (e) making such levels, boundaries and lines by placing marks and cutting trenches;
6. (f) ascertaining whether any land is being or has been developed in contravention of any plan or in contravention of any conditions subject to which such permission has been granted; or
7. (g) doing any other thing necessary for the efficient administration of this Act. Provided that,-
   • (i) no such entry shall be made except between the hours of sunrise and sunset

and without giving reasonable notice to the occupant, or if there be no occupier, to the owner of the land or building;

1. (ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building;
2. (iii) due regard shall always be had, so far as may be, compatible with the exigencies

of the purpose for which the entry is made, to the social and religious usage of the occupant of the land or building entered.

It shall be lawful for the Authority to levy, at such rate as may, by the regulations be specified, a fee for grant of permissions under section 23.

Notwithstanding anything contained in the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962) the State

Duty to maintain streets etc.,- Notwithstanding anything contained in the

Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993), it shall be incumbent on the Authority to make reasonable and adequate provision by any means or measures which it is lawfully competent to use or take, for the following matters, namely:-

1. (a) the maintenance, keeping in repair, lighting and cleaning of the streets in Kaginele .
2. (b) the drainage, sanitary arrangement and water supply in respect of the streets in the Kaginele .

Subject to the provisions of sub-section (2) the State Government, may by notification provide from such date as may be specified in the notification that the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall apply to premises belonging to, vesting in, or leased by, the Authority as that Act applies in relation to public premises.

1. (2) On a notification being issued under sub-section (1), the aforesaid Act, and the rules made thereunder shall apply to the premises of the Authority with the following modifications, that is to say,-
   • (a) the State Government may appoint any officer of the State Government or of the Authority as it thinks fit, to be the competent officer for the purposes of the aforesaid Act;
   • (b) reference to “Public Premises” in that Act and those rules shall be deemed to be references to premises of the, Authority and references to “ the State Government” in section 6,7,8,14, 15, 16 and 17 of that Act shall be deemed to be references to the Authority

The Authority may organize programmes and activities for promotion of tourism, cultural, historical and pilgrimage importance-to give wider publicity to the heritage sites. Such programmes may include,- (a) Kanakadasa Jayanthi Utsava. (b) Dasa Sahityotsava. (c) Art Exhibitions and Sales. (d) Seminars, Symposia, workshops. (e) Annual Fairs and Festivals of special nature.

1. (a) Kanakadasa Jayanthi Utsava.
2. (b) Dasa Sahityotsava.
3. (c) Art Exhibitions and Sales.
4. (d) Seminars, Symposia, workshops.
5. (e) Annual Fairs and Festivals of special nature.

(1) The State Government, may by notification, delegate any of the powers conferred on it by or under this Act, to any other authority, except the power to make rules under section 46.

1. (2) The Authority may by regulations, delegate any of the powers conferred on it by or under this Act to the Commissioner or other officers of the Authority except the power to make regulations under section 47.