Chapter II ESTABLISHMENT OF SHREE CHAMUNDESHWARI KSHETRA DEVELOPMENT AUTHORITY AND ITS EMPLOYEES

Establishment of the Authority.-

1. (1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, an Authority called Shree Chamundeshwari Kshetra Development Authority.
2. (2) The Authority shall have its headquarters at Shree Chamundeshwari Temple in Mysuru taluk, Mysuru district.
3. (3) The Authority 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, both movable and immovable, and to contract and shall by the said name sue and be sued.
4. (4) The Authority shall consist of the following members namely:-
   • (a) the Chief Minister Ex-officio Chairman
   • (b) the Minister in charge of Hindu Religious Institutions and charitable Endowments Department Ex-officio Vice Chairman
   • (c) the Minister in charge of the District Ex-officio Vice Chairman
   • (d) the Minister in charge of Tourism Ex-officio Vice Chairman
   • (e) the legal descendant of royal family of Maharaja of Mysuru or their representative Permanent Member
   • (f) the Members of Parliament and the Members of the State Legislature representing a part or whole of Shree Chamundeshwari kshetra whose electoral constituencies lie within the limits of it Ex-officio Members
   • (g) Not more than five members nominated by the State Government from among the leading personalities having wide knowledge about the historical background and mythology of Shree Chamundeshwari kshetra out of whom at least one shall belong to the Scheduled Castes or the Scheduled Tribes and one shall be a woman. Members
   • (h) the Chief Engineer (Communication and Building) Public Works Department or his representative Ex-officio Member
     • (i) the Secretary to Government, Finance Department or his representative not below the rank of the Deputy Secretary to Government Ex-officio Member
   • (j) the Secretary to Government, Revenue Department (Muzrai) or his representative not below the rank of the Deputy Secretary to Government Ex-officio Member
   • (k) the Commissioner Hindu Religious Institution and Charitable Endowment Ex-officio Member
   • (l) the Deputy Commissioner, Mysuru district Ex-officio Member
   • (m) the Chief Executive Officer, Zilla Panchayath. Mysuru district Ex-officio Member
   • (n) the Director, Department of Archaeology and Museums, Mysuru Ex-officio Member
   • (o) the Chief Priest Shree Chamundeshwari Temple, Mysuru Ex-officio Member
   • (p) the Secretary of the Authority Ex-officio Member - Secretary

Term of office and conditions of services.-

1. (1) Subject to the pleasure of the State Government the non-official members nominated by the State Government shall hold office for a period of three years:
2. (2) Any non-official member may resign his office by writing under his hand addressed to the State Government but shall continue in office until his resignation is accepted.
3. (3) The non-official members shall receive such allowances as may be prescribed.

Disqualification for membership.- 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 State Government involves moral turpitude; or (b) is of mental illness and stands so declared by a competent court; or (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or (e) has directly or indirectly by himself or as partner, has any share or interest in any work done by the order of the Authority or in any contract or employment with or under or by or on behalf of the Authority: or (f) is employed as a paid legal practitioner on behalf of the Authority or accepts employment as legal practitioner against the Authority: Provided that, no person shall be disqualified under clause

1. (e) of sub-section

1. (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 Authority is inserted.

Removal of member.-

1. (1) The State Government shall remove a member if,-
   • (a) he becomes subject to any of the disqualifications mentioned in section 5: Provided that, no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause
   • (e) of sub-section
2. (1) of that section. unless he has been given an opportunity of making his representation against the proposal: or
   • (b) he refuses to act or become incapable of acting: or
   • (c) he without informing the Authority absents from three consecutive meetings of the Authority: or
   • (d) in the opinion of the State Government he has so abused his position as to render his continuance in office detrimental to the public interest:

Eligibility for reappointment Eligibility for reappointment.- Any person ceasing to be a member shall unless disqualified under section 5, be eligible for re-appointment as a member.

Powers of the Authority.-

1. (1) The Authority shall have power generally to do anything that in its opinion is necessary to do to give effect to the intent and provisions of this Act, except such acts as are specifically laid in the Act to be performed by other authorities.
2. (2) Without prejudice to the generality of sub-section
3. (1) the Authority shall have power to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act subject to such rules as may be prescribed and every contract shall be made on behalf of the Authority by the Secretary: Provided that, a copy of every contract involving expenditure of rupees ten lakhs or more shall be sent to the State Government"; and
4. (3) A compliance report shall be submitted to the State Government in this behalf.
5. (4) The Authority may approve a scheme for adoption of “C” category temples as notified under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and may specify necessary provisions for the said adoption.

Sub-committee of the Authority.-

1. (1) The Authority may for any specific purpose constitute a sub- committee consisting of the Secretary as Chairman and such other members not exceeding five among the members of the Authority.
2. (2) The sub-committee shall exercise such of the powers and perform such duties of the Authority which are delegated by the Authority.
3. (3) The sub-committee shall meet at-least once in a month and shall observe such rules of procedure into the transaction of business at its meeting as may be provided by regulations.

Appointment of Secretary.-

1. (1) The State Government shall appoint an officer from the cadre of Group A Senior scale Officer of Karnataka Government Secretariat Service /Karnataka Administrative Services (Super Time Scale) / Group A Senior scale Officer of Endowment Department as the Secretary of the Authority and a Group ‘B’ Officer of the Endowment Department as the Deputy Secretary of the Authority.
2. (2) The Secretary and other officers shall receive such salary and other allowances as the State Government may, from time to time, determine.
3. (3) The State Government may, from time to time, grant leave of absence for such period as it thinks fit to the Secretary.

Powers and duties of the Secretary.-

1. (1) The Secretary shall be the Chief Executive and Administrative Officer of the Authority.
2. (2) The Secretary 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) conduct the business of the Authority and keep correspondence;
   • (c) carry out and execute such schemes and works as the State Government may direct and incur necessary expenditure there for;
   • (d) implement 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 officers and employees of the Authority in matters of executive, administration and service conditions of such officers and employees and regulation of their pay and allowances;
   • (g) furnish to the State Government a copy of the minutes of the proceedings of the Authority and any return, or other information which the State Government may, from time to time, call for; and
   • (h) discharge such other functions which are conferred on him by or under this Act or any other law for the time being in force.

Employees of the Authority.- -

1. (1) Subject to such rules as may be prescribed, the Authority may appoint such number of employees as it may find necessary for effective implementation of the Act: Provided that, until the State Government frame rules, under this Act, the method of recruitment and conditions of service of the employees including Archaks working in Shree Chamundeshwari Temple of the Authority shall be continued to be governed under the provisions of the Hindu Religious and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) and the rules made there under. Provided further that, the State Government shall appoint an Executive Engineer on deputation from the Public Works Department for maintenance of works taken up by the Authority and the State Government shall also appoint an Advisor of Finance and Accounts not below the rank of Group 'A' Junior Scale Officer on deputation from the Karnataka State Audit and Accounts Department and other officers from other departments as may be necessary.
2. (2) The Executive Engineer shall be responsible for the overall monitoring of progress review of repair works, policy decisions, introduction of new technology, Budget allocation, review of budget, co-ordination with all external agencies and random site inspection for quality check and issuances of No Objection Certificate to construction or renovations of the buildings coming under Jurisdiction of the Authority.
3. (3) The Advisor of Finance and Accounts shall work under the control of the Secretary. He shall ensure that financial rules are followed and accounts are kept up to date, presenting a true and fair picture of the financial affairs of the Authority.
4. (4) The salaries, allowances and other conditions of service of the employees referred to in sub-section
5. (1) shall be such as may be prescribed.
6. (5) The Secretary shall be the appointing and disciplinary authority in respect of employees of the Authority and shall exercise general control and supervision over the employees of the Authority.

General disqualification for services under the Authority.- No person who has directly or indirectly by himself or through his partner or through his agent, any share or interest in any contract, by or on behalf of the Authority or in any employment under, by or on behalf of the Authority, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority.

Meetings of the Authority.-

1. (1) Meetings of the Authority shall be convened by the Secretary, with the previous approval of the Chairman at such intervals as the Chairman may deem fit and shall be held at such place, as may be determined by the Chairman: Provided that, the Authority shall meet at least four times in a calendar year.
2. (2) Every meeting shall be presided over by the Chairman and if for any reason the Chairman is unable to attend any meeting and if such a meeting is attended by the Vice-Chairmen, the District incharge Minister shall preside over the meeting. The quorum for the meeting shall be one third of the total members including the Chairman.
3. (3) Decisions of the Authority shall be, by unanimous affirmative vote of the members present and voting. If there is any difference of opinion on any particular subject coming for decision before the Authority. the Secretary shall refer the matter to the State Government and the decision of the State Government in such matters shall be final and conclusive.
4. (4) The Secretary shall give effect to the decisions of the Authority: Provided that, if in the opinion of the Secretary any resolution of the Authority contravenes any provision of this Act or any other law or of any rule, notification or regulation made or issued under this Act or any other law or of any order passed by the State Government or is prejudicial or detrimental to the interests of the Authority or the interests of the development and maintenance of Shree Chamundeshwari Kshetra, he shall within fifteen days of the passing of the resolution, refer the matter to the State Government for orders thereon and inform the Authority at its next meeting, of the action taken by him and until orders of the State Government on receipt of such reference the Secretary shall not be bound to give effect to such resolution.
5. (5) The Authority may by regulations specify the procedure with regard to the transaction of business at its meetings, not inconsistent with the provisions of this Act and 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.

Proceedings presumed to be good and valid.- No disqualification of or defect in the appointment of any person acting as member shall be deemed to vitiate any act or proceeding of the Authority if such act or proceeding is otherwise in accordance with the provisions of this Act.

Decisions of the Authority by circulation of note.-

1. (1) The Chairman may direct that any case may, instead of being brought up for discussion at a meeting of the Authority, be circulated, amongst the members of the Authority for opinion. If all the members unanimously agree for the proposal contained in the note circulated, it shall be deemed to be affirmative decision of the Authority and further action taken accordingly. If there is any difference of opinion on any particular subject taken up for the decision of the Authority by circulation, the Secretary shall refer the matter to the State Government and the decision of the State Government thereon shall be final.
2. (2) In cases which are circulated for opinion under sub-section (1), if any member fails to communicate his opinion to the Secretary by a date to be specified in the note, it shall be presumed that such member has accepted the proposal contained in the note circulated.
3. (3) The provisions of section 14 shall mutatis mutandis apply to the decisions of the Authority by circulation under this section.
4. (4) The contents of the note for circulation under sub-section (1), shall be such as may be prescribed.

Power of the Chairman to take decisions of the Authority in certain cases.-

1. (1) Where the Chairman is of the opinion that a matter is so urgent that it cannot wait for the Authority meeting under section 14 or for a Authority decision, by circulation under section 16, he may pass such orders as he may deem fit and it shall be implemented in the manner, the decisions of the Authority are implemented under section 14 and 16.
2. (2) Every decision taken by the Chairman under this section shall be reported to the Authority at its next meeting for ratification.
3. (3) If the Authority disagrees with the decision of the Chairman the same shall be referred to the Government by the Secretary for suitable order.