Chapter V Chapter V

(1) The Authority may, in order to carry out the assignment plans and schemes formulated under section 11 or any town planning scheme issue directions to any local Authority, the Urban development Authority concerned, the Karnataka Urban Water Supply and Sewerage Board, the Karnataka Power Transmission Corporation and such other bodies as are connected with developmental activities in the Heritage Area.

(2) Notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body to which it is issued. On failure, it shall be competent for the Authority to take necessary action to carry out the directions issued under sub-section (1) and recover expenses, If any, incurred there for from the body concerned.

Whoever contravenes any of the provisions of this Act or of any rule, regulation, or bye-law or scheme made or sanctioned thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both and in the case of continuing contravention, with additional imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both for each day after the first during which the contravention continues.

(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to be any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation: For the purpose of this section,– (a) "Company" means a body corporate and includes a firm or other association of individuals; and (b) "Director" in relation to a firm means a partner in the firm. manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation: For the purpose of this section,– (a) “Company” means a body corporate and includes a firm or other association of individuals; and (b) “Director” in relation to a firm means a partner in the firm.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Authority or any officer of the Authority authorised by it in this behalf.

The Authority may compound or compromise any claim or demand arising out of any contract instituted by or against it for such sum of money or other compensation as it shall deem sufficient: Provided that no such claim or demand exceeding fifty thousand rupees shall be compounded or compromised except with the previous approval of the State Government.

Every member, every officer and other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made there under.

(1) The State Government may give such directions to the Authority as in its opinion are necessary or expedient for carrying out the purposes of the Act. The Authority shall carry out such directions as may be issued from time to time by the State Government for the efficient administration of this Act and it shall be the duty of the Authority to comply with such directions. (2) The Authority shall furnish to the State Government such reports, and other information as the State Government may from time to time require. (3) If in, or in connection with, the exercise of its powers and discharge of its functions by the Authority under this Act, any dispute arises between the Authority, and a Local Authority, the decision of the State Government on such dispute shall be final.

(1) The State Government, may by notification provide from such date as may be specified in such notification that the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 shall apply to premises belonging to, vesting in, or leased by, the Authority as that Act applies in relation to public premises but subject to the provisions of sub- section (2). (2) On a notification being issued under sub-section (1), the aforesaid Act, and the rules made there under shall apply to the premises of the Authority with the following modifications, that is to say,- (a) the State Government may appoint any officer of the State Government or the Authority as it thinks fit, to be the competent officer for the purposes of the aforesaid Act; (b) references to "public premises" in that Act and those rules shall be deemed to be references to premises of the Authority, and references to "the State Government" in section 6,7,8,13,14,15 and 16 of that Act shall be deemed to be references to the Authority.

The Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

(1) State Government may by notification add, amend or omit any of the entries in this Schedule. (2) Every notification issued under sub-section (1) shall be laid before each house of the Legislature. (3) State Government may also notify the Geo-spatial map of the heritage area.

(1) The State Government may, by notification, after previous publication, make rules to carry out the purposes of this Act. (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 in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rules should not be made, the rule shall thereafter have effect only in such modified form or to 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 done under that rule.

The Authority may, by notification and with previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act. Regulations may be made in respect of any matter which is required to be or may, in the opinion of the Authority be provided by regulations.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette, as the occasion may require do anything not inconsistent with the provisions of this Act which appears to it to be necessary to remove the difficulty: Provided that no Order shall be made under this section after expiry of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall as soon as may be after it is published, be laid before both Houses of the State Legislature and shall, subject to any modification which the State Legislature may make, have effect as if enacted in this Act.