Chapter III DEVELOPMENT AND MAINTENANCE OF THE KSHETHRA

(1) There shall be constituted a District level committee and a State level Monitoring committee to review and submit the proposal regarding construction and maintenance of buildings, roads and tunnels, electricity supply and maintenance, water supply and sanitation, construction of recreation centre and libraries to provide necessary facilities to pilgrims and to provide safety to pilgrims within the jurisdiction of the Authority. (2) The District level committee shall consist of the following members, namely:-(a) The Deputy Commissioner of Shivamogga Ex-officio Chairperson (b) The Superintendent of Police, Shivamogga Ex-officio member (c) The Chief Executive Officers, Zilla Panchayat, Shivamogga Ex-officio member (d) The District Forest Officer, Shivamogga Ex-officio member (e) The Superintending Engineer, Public Works Department, Shivamogga Ex-officio member (f) The Commissioner for Archaeology and Museums, Government of Karnataka, Mysuru Ex-officio member (g) The Superintendent Department for Archaeology and Museums, Shivamogga circle Ex-officio member (h) The jurisdictional Assistant Director of Town and Country planning Department. Ex-officio member (i) The Assistant Commissioner of Sagara sub-division Ex-officio member (j) The Tahsildar of Sorabha Taluk Ex-officio member (k) The Executive Officer of Sorabha Taluk Panchayat Ex-officio member (l) The Assistant Director, Tourism Department Ex-officio member (m) The Chief priest, Chandraguthi Shree Renukamba Temple Ex-officio member (n) The Secretary of the Authority Ex-officio member Secretary (o) The Panchayath Development officer Gramapanchayath, Chandraguthi Ex-officio member (3) The District Level Committee shall submit suitable proposals to the State Level Monitoring Committee for the works or proposals to be undertaken within the jurisdiction of the Authority. (4) The State Level Monitoring Committee shall consist of the following members, namely:-(a) The Principal Secretary to Government, Revenue Department (Muzrai) Ex-officio Chairperson (b) The Secretary to Government Forest and Ecology Department or his representative not below the rank of Deputy Secretary. (c) The Commissioner, Hindu Religious Institutions and Charitable Endowment Department Ex-officio member (d) The Chief Engineer, Public Works Department Ex-officio member (e) The Managing Director, Mangalore Electricity Supply Company Ex-officio member (f) The Chief Engineer, Karnataka Urban Water Supply and Sewerage Board Ex-officio member (g) The Deputy Commissioner, Shivamogga Ex-officio member (h) The Superintendent of Police, Shivamogga Ex-officio member (i) The Chief Executive Officer, Zilla Panchayat Shivamogga Ex-officio member (j) The Regional Director for Archaeology and Museums, Government of India Ex-officio member (k) The Commissioner for Archaeology and Museums, Government of Karnataka, Mysuru Ex-officio member (l) The Deputy Director, Tourism Department Ex-officio member (m) The Secretary of the Authority Ex-officio member Secretary (5) The State level Monitoring Committee shall monitor the proposals submitted by the District level Committee and direct the Authority on all matters concerning to development of Chandraguthi Shree Renukamba Kshetra. (6) The District level Committee and the State level Monitoring Committee shall meet at least once in six months at such place and at such time and with such procedure as may be prescribed.

(1) Notwithstanding anything contained in any custom, usage or the provisions of any law for the time being in force under which Shree Chandraguthi Renukamba temple is governed or the provisions of the Karnataka Hindu Religious institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001), the ownership, administration and complete management of movable and immovable properties including jewellery and liabilities of the temple shall vest with the State Government from the date of commencement of this Act and shall be transferred to the Authority thereafter. (2) Subject to the provisions of sub section(1) of section 12, on and from the date of commencement of this Act the management of the employees of the temple shall vest in the Authority. (3) It shall be competent for the State Government, by order to make transitory provisions, if in the opinion of the State Government, it is expedient so to do.

(1) The Authority shall, as soon as may be, after its constitution prepare a plan for the development of Chandraguthi Shree Renukamba Kshetra into an international pilgrim, cultural and tourist centre and a centre for deliberation and propagation of the tenets of Chandraguthi Shree Renukamba and other subsidiary deities. The Development plan may include,-(a) the Chandraguthi Shree Renukamba Temple programmes for its maintenance and other temple attached to the presiding deity; (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 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 prayer halls and meditation halls at strategic places; (g) provision of amenities as defined in clause (a) of section 2; (h) laying and relaying of all or any land including, construction and reconstruction of buildings; (i) provision of drainage, electricity and 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 Chandraguthi Shree Renukamba Temple or in any adjoining area; (l) the demolition of all buildings unfit for human habitation and not fitting into the developmental plan; (m) the demolition of obstructive building or portions of buildings; (n) the construction and reconstruction of buildings, their maintenance and preservation; (o) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 29; (p) prohibition of ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice cream sticks, polystyrene (Thermocol) for decoration, plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards and cigarette packets, plastic or PVC banners less than 100 micron, stirrers in the area of the Authority for avoiding the plastic pollution; (q) ensuring availability of safe and secure water and sanitation facilities for all, throughout the year, in the area of the Authority; (r) provision of facilities for communication and transport with parking facilities; (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; and (t) 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 Chandraguthi Shree Renukamba Kshetra as a cultural centre, place of pilgrimage and an international tourist centre and a centre for deliberation and to protect and develop other places of importance connected with Chandraguthi Shree Renukamba Temple. (2) The development plan prepared under sub-section (1), shall be forwarded by the Secretary to the State Government for information. 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 in accordance with the provisions of the Karnataka Transparency in Public Procurement Act, 1999 (Karnataka Act 29 of 2000).

After execution of the development plan under section 20, the Authority may, from time to time, make and take up any new additional development schemes, out of its own or borrowed financial resources or funds from the State Government.

The State Government may by rules on the recommendation of the Authority or otherwise shall make provision for the maintenance of Chandraguthi Shree Renukamba Kshetra which shall include the manner in which the properties of the Authority including Chandraguthi Shree Renukamba Kshetra can be managed, the rates, fees or other charges that can be collected from the devotees, pilgrims, tourists and other visitors to Chandraguthi Shree RenukambaKshetra for the various facilities that they may make use of in Chandraguthi Shree Renukamba Kshetra and for such other matters as may be expedient like power to levy license fee as may be determined by the Authority from the licensee or persons in possession of the properties of Chandraguthi Shree Renukamba Kshetra.

(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 37. (2) The Authority may by regulations, delegate any of the powers conferred on it by or under this Act to the Secretary or other officers of the Authority, except the power to make regulations under section 38.

(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 Unauthorised 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 thereunder 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 the Authority as it thinks fit, to be the competent officer for the purposes of the aforesaid Acts; (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 sections 6,8,14,16 and 17 of that Act shall be deemed to be references to the Authority.

(1) There shall be a Fund called Chandraguthi Shree Renukamba Kshetra Development Authority Fund. (2) There shall be credited to the said Fund,- (i) all grants, subventions, donations and gifts made by the Central Government, State Government, any local authority or anybody, whether incorporated or not or any person; and (ii) the amount borrowed by the Authority: Provided that, the donations, Kanikes, Seva Fees and other offering made to God in Hundi shall be credited to the fund of the Authority and out of which the net income of that temple the authority shall contribute to the common pool fund created under section 17 of the Karnataka Hindu Religious and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) at such rate as specified in the said section. (3) Except as otherwise directed by the State Government all moneys credited to the Fund shall be invested in any Scheduled Bank or in the State Government Treasury. (4) The administrative expenses of the Authority including the salaries, allowances and pension if any payable to the Secretary and other officer and employees of the Authority shall be defrayed out of the fund of the Authority.

The Fund and all property held or vested in the Authority shall be applied for carrying out the purposes of this Act.

The State Government shall every year make a grant to the Authority of a sum equivalent to the administrative expenses of the Authority, until the Authority reaches self maintenance stage out of its own resources.

(1) The Authority shall prepare every year, before such date and in such form as may be prescribed, a budget estimate of its income and expenditure for the financial year to commence on the first day of April next following and shall forward it to the State Government for sanction. The Authority may also prepare supplementary Budget Estimates, during the course of any financial year, if necessary. (2) The State Government shall approve the Budget Estimates and Supplementary Budget Estimates with or without modifications. (3) In cases of extreme urgency, the Secretary shall be competent to incur expenditure not exceeding Rs. 25,00,000 in a financial year, notwithstanding the fact that such expenditure has not been included in the annual or Supplementary Budget Estimate approved by the State Government under sub-section (2). (4) The Secretary shall also have power to re-appropriate funds from one unit of expenditure to another unit, subject to a maximum of Rs. 10,00,000 at a time.

(1) The Secretary shall cause to be maintained such books of accounts and other registers as may be prescribed and shall prepare in the prescribed manner an annual statement of accounts. (2) The financial year of the Authority shall commence on 1st April of each calendar year and shall end on 31st March of the succeeding calendar year. (3) The accounts of the Authority shall be audited annually by the Chief Controller, State Audit and Accounts Department. The Authority or the State Government may order concurrent and special audits also. (4) The auditor shall, for the purposes of the audit, have access to all the accounts and other records of the Authority. (5) As soon as may be after the receipt of the annual statement of accounts and the report of the auditor, the Authority shall consider it in its meeting and send a copy of the annual statement of accounts together with a copy of the report of the auditor to the State Government, along with its explanation on the comments made by the auditor, if any, and a statement of action taken by the Authority to remedy the irregularities or loopholes, if any pointed out by the auditor. (6) The State Government may after perusal of the report of the auditor, and other documents submitted to the Authority as in sub-section (5), give such directions as it thinks fit to the Authority and the Authority shall comply with such directions.

(1) The Authority shall prepare an Annual Report of its working for each financial year and submit it to the State Government along with other reports under section 29. (2) The Authority shall before such date, in such form and at such intervals as may be prescribed, submit such reports to the State Government. (3) The audit report and annual report of the authority shall be laid before State Legislature by the State Government.

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 section 2(28) of Bharatiya Nyaya Sanhita 2023 (Central Act 45 of 2023).

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.

(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. (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. (3) After the super session 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.

(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) 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 realisable by the State Government; and (b) all liabilities endorsable against the Authority shall be endorsable against Chandraguthi Shree Renukamba temple to the extent of the properties, funds and dues vested in and realised by Chandraguthi Shree Renukamba temple.

(1) The State Government shall have general administrative control and supervision over all the activities and affairs of the Authority. (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: Provided that, no order shall be passed or modified or annulled by the Government unless a reasonable opportunity is afforded to the persons who are affected by the order of the Government.

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

(1) The State Government may, by notification 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 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.

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.

Notwithstanding any compromise, agreement scheme, judgment decree or order of the court or other authority or any custom, usage governing Chandraguthi Shree Renukamba 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 religious practices of Chandraguthi Shree Renukamba temple, Chandraguthi, which will remain as notified institution under the provisions of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001) even after the commencement of this Act.

Notwithstanding anything contained in this Act with effect from the date the Authority is constituted under this Act, such authority shall be the local planning authority for the local planning area comprising Chandraguthi Shree RenukambaKshetra 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 Chandraguthi Shree RenukambaKshetra.

(1) 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. (2) The provisions made by any notification under sub-section (1) 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.