Chapter IV POWERS AND FUNCTIONS OF THE AUTHORITY

Subject to the provisions of this Act and the rules made there under the functions of the Authority shall be,-

(i) to carry out a survey of the Heritage Area and prepare reports on the surveys so carried out;

(ii) to prepare development plan of the Heritage area;

(iii) to cause to be carried out such works as are contemplated in the development plan duly approved by the State Level Advisory Committee.

(iv) to formulate as many schemes as are necessary for implementing the development plan of the Heritage Area in a sustainable manner;

(v) to secure and co-ordinate execution of the development plan, town planning schemes and the development of the Heritage Area in accordance with the said plan and schemes;

(vi) to raise finance for any project or scheme for the development of the Heritage Area and to extend assistance to the local authorities in the Region for the execution of such project or scheme;

(vii) to do such other acts and things as may be entrusted by the State Government or as may be necessary for or incidental or conducive to, any matters which are necessary for furtherance of the objects for which the Authority is constituted;

(viii) to entrust to any local authority or other agency the work of execution of any development plan or development of the Heritage area.

(ix) to co-ordinate the activities of the local authorities and the Urban Development authority, if any, constituted under the Karnataka Urban Development Authorities Act, 1987 exercising jurisdiction within the limits of the Heritage Area and the Karnataka Urban water Supply and Sewerage Board, the Karnataka Slum Development Board, the Karnataka Power Transmission Corporation, the Karnataka Industrial Areas Development Board, the Karnataka State Road Transport Corporation and such other bodies as are connected with developmental activities in the Heritage Area;

(x) to supervise and review the progress of expenditure incurred under the plan and performance;

(xi) to take action to protect the public property within the heritage area;

(xii) to raise local, regional, national and international awareness about the significance of the Architectural importance of Chalukyas of Badami, Ihole and Pattadakal and in the heritage area;

(xiii) to promote and encourage proper research to understand the Archaeological, Historical and Environmental values of the Architectural importance of Chalukyas of Badami, Ihole and Pattadakal in the heritage area;

(xiv) to protect, develop and conserve the places of cultural Heritage; and prepare a plan of action for comprehensive and sustainable protection and development of its jurisdictional area, assess budget requirement and project strategies of implementation with Government funds, Corporate Social Responsibility funds through Public Private Partnership and other modes.

(xv) to perform such other functions as may be prescribed.

The Chairman shall have special powers to act on his own and direct measures for effective realization of the object in cases of urgency where there is no sufficient time to convene a meeting of the Authority, the Chairman shall take action and place the subject before the Authority at its immediate next meeting and seek ratification.

The Authority may, by notification, direct that any power exercisable by it under this Act except the power to make regulation may also be exercised by the Chairman or such officer of the Authority as may be specified in the notification subject to such restrictions and conditions as may be specified therein.

(1) Notwithstanding anything contained in any law for the time being in force, except with the previous consultation, concurrence and written permission of the Authority, no other authority or person shall undertake any development within the Heritage Area.

(2) No local authority shall grant permission for any development referred to in sub-section (1), within the Heritage Area, unless the Authority has granted permission for such development.

(3) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development.

(4) The Authority 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 or person aggrieved by the decision of the Authority 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 person or authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5), the Authority 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 the person or authority concerned following due process of law.

The Authority may authorize any person to enter into or upon any land or building with or without assistance of workmen for the purposes of,-

(a) making any enquiry, inspection, measurement or survey or taking levels for such land or building;

(b) examining works under construction and ascertaining the course of sewers and drains;

(c) digging or boring into the sub-soil;

(d) setting out boundaries and intended lines of work;

(e) making such levels, boundaries and lines by placing marks and cutting trenches;

(f) ascertaining whether any land is being or has been developed in contravention of any plan or in contravention of any conditions subject to which such permission has been granted; or

(g) doing any other thing necessary for the efficient administration of this Act.

Provided that,-

(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building;

(ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building; and

(iii) due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the land or building entered. (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building; (ii) sufficient opportunity shall in every instance be given to enable women or children, if any, to withdraw from such land or building; and (iii) due regard shall always be had, so far as may be, compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the land or building entered.

(1) It shall be lawful for the Authority to levy; at such rate as may, by regulations be specified, a fee for grant of permission under section 14.

(2) All fee realized under this Act shall be credited to the Authority fund.

(1) The Authority shall have a fund to be called the Authority Fund which shall be operated by such officers as may be authorized by the Authority.

(2) The Authority may accept grants, subventions, contributions, donations and gifts from the Central Government, the State Government, the local authority, any international organization or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.

(3) The State Government shall, every year, make a grant to the Authority of a sum equivalent to the administrative expenses of the Authority till the Authority is able to meet its administrative expenses out of its own resources.

(4) All moneys received by or on behalf of the Authority by virtue of this Act, and all interests, profits, and other moneys accruing to or borrowed by the Authority, shall be credited to the Fund.

(5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the Fund shall be deposited in any Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or invested in such securities, as may be approved by the State Government.

(6) The Fund and all other assets vesting in the Authority shall be held and applied by it, subject to the provisions of and for the purposes of this Act.

The Authority shall prepare, every year, in such form and at such time as may be prescribed, an annual budget estimate in respect of the next financial year showing the estimated receipts and disbursements of the Authority and shall submit a copy thereof to the State Government.

The Authority shall, after the end of each year prepare in such form and before such date as may be prescribed, a report of its activities during such year and submit to the State Government and the State Government shall cause a copy of such report to be laid before both Houses of the State Legislature.

(1) The State Government may, from time to time, make subventions to the Authority for the purposes of this Act on such terms and conditions as the State Government may determine.

(2) The State Government may, from time to time advance loans to the Authority on such terms and conditions; not inconsistent with the provisions of this Act, as the State Government may determine.

The Authority may from time to time, with the previous sanction of the State Government and subject to the provisions of this Act, and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act.

(1) The Authority shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules an annual statement of accounts.

(2) The Authority shall cause its accounts to be audited annually by the Principal Director of State Audit and Accounts Department.

(3) As soon as the accounts of the Authority have been audited, the Authority shall send a copy thereof together with a copy of the report of the audit thereon to the State Government and State Government shall laid before both Houses of the State Legislature and shall cause the accounts to be published in the prescribed manner and place copies thereof for sale at a reasonable price.

(4) The Authority shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.