Chapter III Chapter III

(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, management and superintendence of all or any of the heritage sites at Basavakalyan specified in the Schedule shall vest in the State Government and thereafter it shall be transferred to the Board, from the date 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.

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

(1) The Board shall, as soon as may be, after its constitution prepare a plan for the development of Basavakalyan into an international pilgrim, cultural and tourist centre and a centre for deliberation and propagation of the tenets of Lord Shree Basaveshwara and his contemporaries and disciples. The Development plan may include,- (a) remantling 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 Board is necessary for execution of the development plan; (c) putting up public parks, horticultural or zoological gardens, fountain gardens, artificial water falls, 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 in the style of Anubhava Mantapa; (g) construction of prayer halls and meditation halls at strategic places; (h) provision of amenities as defined in section 2; (i) laying and relaying of all or any land including, construction and reconstruction of buildings; (j) providing drainage, electricity and water supply and sanitation; (k) raising any land which the Board may consider expedient to raise to facilitate its plan of action in general and better drainage in particular; (l) forming open spaces for the better ventilation of the area comprised in the Basavakalyan or in any adjoining area; (m) the demolition of all buildings unfit for human habitation and not fitting into the developmental plan; (n) the demolition of obstructive building or portions of buildings; (o) the construction and reconstruction of buildings, their maintenance and preservation; (p) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 26; (q) providing accommodation to the employees of the Board; (r) providing facilities for communication and transport; (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 developmental plan; (t) any other matter for which in the opinion of the Board, it is expedient and incidental to make provision with a view to develop and maintain the Basavakalyan as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation and propagation of the tenets of Lord Shree Basaveshwara; and to propogate Basava Dharma, Vachana Sahitya, not only of Lord Shree Basaveshwara but also of his contemporaries and disciples; and to protect and develop other places of importance connected with the life and dharma of Lord Shree Basaveshwara, his contemporaries and his disciples and for the establishment of an educational and research centre for Basava Studies and specialized library on the subject. (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 Board: Provided that nothing contained in this clause shall be deemed to over ride the provisions of Ancient Monuments and Historical Sites and Remains Act, 1958 (Central Act 24 of 1958). (k) raising any land which the Board may consider expedient to raise to facilitate its plan of action in general and better drainage in particular; (l) forming open spaces for the better ventilation of the area comprised in the Basavakalyan or in any adjoining area; (m) the demolition of all buildings unfit for human habitation and not fitting into the developmental plan; (n) the demolition of obstructive building or portions of buildings; (o) the construction and reconstruction of buildings, their maintenance and preservation; (p) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 26; (q) providing accommodation to the employees of the Board; (r) providing facilities for communication and transport; (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 developmental plan; (t) any other matter for which in the opinion of the Board, it is expedient and incidental to make provision with a view to develop and maintain the Basavakalyan as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation and propagation of the tenets of Lord Shree Basaveshwara; and to propogate Basava Dharma, Vachana Sahitya, not only of Lord Shree Basaveshwara but also of his contemporaries and disciples; and to protect and develop other places of importance connected with the life and dharma of Lord Shree Basaveshwara, his contemporaries and his disciples and for the establishment of an educational and research centre for Basava Studies and specialized library on the subject. (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 Board: Provided that nothing contained in this clause shall be deemed to over ride the provisions of Ancient Monuments and Historical 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 Board make such modifications to the plan as it deems necessary, from time to time. (4) The Board shall have power to undertake works and incur expenditure for execution of development plans approved by the State Government under this section.

The State Government may by rules on the recommendation of the Board or otherwise make provision for the maintenance of Basavakalyan which shall include the manner in which the properties of the Board 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.

[Omitted]

(1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Board, no authority or person shall undertake any development within the Basavakalyan Heritage sites, of the types as the Board may from time to time specify by notification published in the Official Gazette. (2) No local authority shall grant permission for any development referred to in sub-section (1), within the Basavakalyan Heritage sites, unless the Board has granted permission for such development. (3) Any authority desiring to undertake development referred to in sub-section (1) shall apply in writing to the Board for permission to undertake such development. (4) The Board may, after making such inquiry as it deems necessary grant such permission without or with such conditions, as it may deem fit, to impose or refuse to grant such permission. (5) Any authority aggrieved by the decision of the Board 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. (6) In case any authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Board shall have power to pull down, demolish or remove any development under taken contrary to such decision and recover the cost of such pulling down, demolition or removal from authority concerned.

[Omitted]

[Omitted]

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 exerciseable by it on the Board and on the issuance of such notification the Board shall have such powers and perform such functions as may be specified in the notification.

[Omitted]

(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 shall apply to premises belonging to, vesting in, or leased by, the Board as that Act applies in relation to public premises. (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 Board with the following modifications, that is to say,- (a) the State Government may appoint any officer of the State Government or of the Board 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 Board, 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 Board.

The Board may organize programmes and activities for promotion of tourism, cultural, historical and pilgrimage-to give wider publicity to the heritage sites. Such programmes may include,- (a) Basavakalyan Utsava. (b) Sharana Sahityotsava. (c) Art Exhibitions and Sales. (d) Seminars, Symposia, workshops. (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 45. (2) The Board may by regulations, delegate any of the powers conferred on it by or under this Act to the Commissioner or other officers of the Board, except the power to make regulations under section 46.