The Banavasi Development Authority Act, 2018
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Chapter III Chapter III
18. Heritage sites.
(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 Banavasi specified in the Schedule shall vest in the State Government and if necessary shall be acquired in accordance with the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013 (Central Act 30 of 2013) and rules made thereunder by the State Government such land shall thereafter it shall be transferred to the Authority, from the date of notified by the State Government; (2) The State Government may by general or special order make transitory provisions, if in the opinion of the State Government it is expedient so to do.
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19. Power to amend the Schedule.
The State Government may by notification amend the Schedule by adding or modifying any entry therein, after following such procedure as may be prescribed.
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20. Preparation of developmental plan, its approval and execution.
(1) The Authority shall, as soon as may be, after its constitution prepare a plan for the development of Banavasi into an international pilgrim, cultural and tourist centre and a centre for deliberation and propagation of the tenets of ancient poet Pampa and his contemporaries and disciples. The Development plan shall include,- (a) Conservation and resoration of any heritage site or structure and programmes for its maintenance; (b) proposals for acquiring land by acquisition or purchase, exchange or otherwise, which in the opinion of the Authority is necessary for execution of the development plan; (c) putting up public parks, horticultural or zoological gardens, fountain gardens, artificial waterfalls, game parks, lakes with boating or other water games or such other tourist attractions; (d) construction of choultries, lodging houses, cottages, hotels, restaurants and boarding houses to cater to different classes of tourists; (e) construction of necessary chain of shops or shopping complexes; (f) construction of an auditorium; (g) construction of prayer halls and meditation halls at strategic places; (h) provision of amenities as defined in section 2; (i) providing drainage, electricity, water supply and sanitation; (j) raising any land which the Authority may consider expedient to raise to facilitate its plan of action in general and better drainage in particular; (k) forming open spaces for the better ventilation of the area comprised in the Banavasi or in any adjoining area; (l) the demolition of obstructive building or portions of buildings; (m) the construction and reconstruction of buildings, their maintenance and preservation; (n) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 24; (o) providing accommodation to the employees of the Authority; (p) providing facilities for communication and transport; (q) 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 developmental plan; (r) any other matter for which in the opinion of the Authority, it is expedient and incidental to make provision with a view to develop and maintain the Banavasi as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation and propagation of the tenets of ancient poet Pampa; and to protect and develop other places of importance connected with the life and Dharma of ancient poet Pampa, his contemporaries and disciples and for the establishment of an educational and research centre for Banavasi studies and specialized library on the subject. (s) 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 Act shall be deemed to over ride the provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Central Act 24 of 1958). (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. (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. (4) The Authority shall have power to undertake works and incur expenditure for execution of development plans approved by the State Government under this section.
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21. Maintenance of Banavasi Heritage Sites Development Authority.
The State Government may by rules on the recommendation of the Authority or otherwise make provision for the maintenance of Banavasi Heritage Sites 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 shall be collected from the devotees, pilgrims, tourists and other visitors to the town for the various facilities that they shall 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.,
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22. Delegation of powers of the State Government on the Authority.
Notwithstanding anything contained in the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962) the State Government may by notification delegate any of its powers to be exercisable by it on the Authority and on the issuance of such notification the Authority shall have such powers and perform such functions as may be specified in the notification.
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23. Application of the Karnataka Public Premises (Eviction of unauthorized occupants) Act, 1974 to the Authority Premises.
(1)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(Karnataka Act No. 32 of 1974) shall apply to premises belonging to, vested in, or leased by, the Authority as that Act applies in relation to public premises. (2) On a notification being issued under sub-section (1) of the aforesaid Act, and the rules made there under shall apply to the premises of the Authority with the following modifications, namely:- (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 rules made there under 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.
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24. Promotion of Tourism and piligrimages by the Authority.
The Authority may organize programmes and activities for promotion of tourism, cultural, historical and pilgrimage- to give wider publicity to the heritage sites such programmes shall include,- (a) Kadambotsav ; (b) Art Exhibitions and Sales ; (c) Seminars, Symposia, workshops; and (d) Annual Fairs and Festivals of special nature.
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25. Delegation of powers.
(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 under section 40. (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 44.
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