Chapter V MISCELLANEOUS

Continuance of the privileges and religious rights.- The privileges and religious rights of the Royal family of Mysuru in Shree Chamundeshwari temple shall be continued as usual.

Certain persons to be public servants.- All members, officers and servants of the Authority, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.

Default in performance of duty.-

1. (1) If the State Government is satisfied that the Authority has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.
2. (2) If in the opinion of the State Government, the Authority fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government, notwithstanding anything contained in section 3 to supersede and reconstitute the Authority in the prescribed manner.
3. (3) After the super session of the Authority and until it is reconstituted, the powers, duties and functions of the Authority under this Act shall be carried on by the State Government or by such officer or officers, as the State Government may appoint for this purpose.

Dissolution of the Authority.-

1. (1) The State Government may, by notification, declare that with effect from such date as may be specified in the notification, the Authority shall be dissolved: Provided that no such dissolution shall be made by the State Government unless, a resolution to that effect has been moved in and passed by both Houses of the State Legislature,
2. (2) With effect from the date specified in the notification under sub-section (1),-
   • (a) all properties, funds and dues which are vested in and realisable by the Authority shall vest in and be realisable by the State Government; and
   • (b) all liabilities endorsable against the Authority shall be endorsable against Shree Chamundeshwari temple to the extent of the properties, funds and dues vested in and realised by Shree Chamundeshwari temple.

Control by the State Government.-

1. (1) The State Government shall have general administrative control and supervision over all the activities and affairs of the Authority.
2. (2) The State Government may call for the records of any proceedings of the Authority, the Secretary or any officer subordinate to the Authority, for the purpose of satisfying itself as to the correctness, legality or propriety of such proceedings and may pass such order with respect thereto in accordance with the provisions of the Act:

Power of the State Government to give directions Power of the State Government to give directions.- The State Government may give such directions to the Authority as in its opinion are necessary or expedient for carrying out the purpose of this Act and it shall be the duty of the Authority, to comply with such directions.

Power to make rules.-

1. (1) The State Government may, by notification make rules to carry out the purposes of this Act.
2. (2) Every rule made 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, from the date on which the modification or annulment is notified 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.

Power to make regulations.- The Authority may subject to the provisions of this Act and the rules made under section 38 and with the previous sanction of the State Government, by notification make regulations to carry out the purposes of this Act.

Over riding effect of the Act.- Notwithstanding any compromise, agreement scheme, judgment decree or order of the court or other authority or any custom, usage governing Shree Chamundeshwari temple, the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) and the Karnataka Hindu Religious Institutions and Charitable Endowments Rules 2002, shall prevail in so far as they relate to religious practices of Shree Chamundeshwari temple, Chamundeshwari hills, which will remain as notified institutions under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) even after the commencement of this Act.

Consequences of constitution of the Authority.- Notwithstanding anything contained in this Act with effect from the date the Authority is constituted under this Act, such authority shall be the local planning authority for the local planning area comprising Shree Chamundeshwari Kshetra and it shall exercise the powers, discharge the functions and perform the duties under this Act as if it were a local planning authority constituted for Shree Chamundeshwari Kshetra.

Power to remove difficulty.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions not inconsistent with the provisions of this Act and the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act of 1997 (Karnataka Act 33 of 2001) as appears to it be necessary or expedient for removing the difficulty.
2. (2) The provisions made by any notification under sub-section
3. (1) shall have effect as if enacted in this Act and any such notification may be made so as to be retrospective to any date not earlier than the appointed day.