Chapter V MISCELLANEOUS

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 clause

1. (28) of section 2 of Bharatiya Nyaya Sanhita, 2023.

Protection of action taken under this Act. 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) 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.

1. (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.
2. (3) After the supersession 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 realizable by the State Government.
   • (b) all liabilities endorsable against the Authority shall be endorsable against Sri Renuka Yellamma Temple to the extent of the properties, funds and dues vested in and realised by Sri Renuka Yellamma 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 to give directions Power 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 37 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 Sri Renuka Yellamma 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 administration and religious practices of Sri Renuka Yellamma Temple. Sri Renuka Yellamma Temple, which will remain as notified institutions under the provision 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 Sri Renuka Yellamma Temple Development Authority Act, 2023 such Authority shall be the local planning Authority for the local planning area comprising the Sri Renuka Yellamma Temple 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 the Sri Renuka Yellamma Temple.

Power to remove of difficulty.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, in consequences of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
2. (2) 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.
3. (3) The provisions made by any notification under sub-section
4. (1) or sub-section
5. (2) 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.