Chapter II CHAPTER II

(1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, a Board for Hyderabad-Karnataka Area to be called the Hyderabad-Karnataka Area Development Board with headquarters at Gulbarga.

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Board shall consist of the following members, namely:-

(a) Members of the Parliament and the State Legislature representing a part or whole of Hyderabad-Karnataka Area whose constituencies lie within the jurisdiction of the Board;

(b) the Adhyakshas of the Zilla Parishads of Bellary, Bidar, Gulbarga, [Koppal, Davanagere] and Raichur districts;

(c) not exceeding ten persons nominated by the State Government of whom two persons shall be from amongst the persons belonging to Scheduled Castes and one from Scheduled Tribes; and

(d) the Secretary of the Board.

(4) The State Government shall appoint one of the members to be the Chairman of the Board.

(5) The State Government shall also appoint an officer not below the rank of the [Divisional Commissioner] to be the Secretary of the Board.

(6) The State Government shall provide the Board with such other officers and employees as it considers necessary for carrying out the functions of the Board under this Act.

(7) The administrative expenses of the Board including the salaries, allowances and pensions payable to the Secretary and other officers and employees of the Board, shall be defrayed out of the fund of the Board.

(1) Subject to the pleasure of the State Government, the Chairman and other members appointed by the State Government, shall hold office for a period of three years.

(2) The Chairman or a member other than an ex-officio member may resign his office by writing under his hand addressed to the State Government but shall continue in office until his resignation is accepted.

(3) The Chairman and other members shall receive such allowances as may be prescribed.

(4) The allowances payable to the Chairman and other members shall be defrayed out of the Fund of the Board.

(5) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy or defect in the constitution of the Board.

(1) A person shall be disqualified for being appointed as and for being a member if he,-

(a) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or

(b) is of unsound mind and stands so declared by a competent court; or

(c) is an undischarged insolvent; or

(d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or

(e) has directly or indirectly by himself or his partner any share or interest in any work done by the order of the Board or in any contract or employment with or under or by or on behalf of the Board;

(f) is employed as a paid legal practitioner on behalf of the Board or accepts employment of legal practitioner against the Board.

(2) A person shall not be disqualified under clause (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board is inserted.

The State Government shall remove the Chairman or other member if,-

(a) he becomes subject to any of the disqualifications mentioned in section 5:

Provided that no Chairman or member, shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of sub-section (1) of that section, unless he has been given an opportunity of making his representation against the proposal; or

(b) he refuses to act or become incapable of acting; or

(c) he without obtaining leave of absence from the Board, absents from three consecutive meetings of the Board; or

(d) in the opinion of the State Government he has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given an opportunity of making his representation against the proposal.

(1) The Secretary shall receive such salary and other allowances as the State Government may determine from time to time.

(2) The State Government may grant from time to time such leave of absence to the Secretary.

(3) The Secretary shall be the Chief Executive of the Board and shall,-

(a) be responsible for implementing the schemes approved by the Board;

(b) operate the fund of the Board;

(c) cause to be maintained accounts of the Board; and

(d) discharge such other functions which are conferred on him by or under this Act or any other law for the time being in force.

1 [(1) The meeting of the Board shall be convened by the Chairman or by the Secretary, with the prior approval of the Chairman and shall be held at any place within the jurisdiction of the Board or at the State Headquarters.]1

1. Substituted by Act 23 of 1993 w.e.f. 27.5.1993.

(2) The Board shall meet atleast once in every three months.

(3) The Chairman may, if he feels it necessary, convene a special meeting 1[or the Secretary, with the prior approval of the Chairman may convene such meeting which shall be held at any place within the jurisdiction of the Board or at the State Headquarters.]1

1. Inserted by Act 23 of 1993 w.e.f. 27.5.1993.

(4) The Board shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.

(5) Every meeting shall be presided over by the Chairman and if for any reason, the Chairman is unable to attend any meeting, any other member chosen by the members present at the meeting shall preside at the meeting.

(6) Twenty members shall form the quorum.

No disqualification of or defect in the appointment of any person acting as Chairman or member shall be deemed to vitiate any act or proceeding of the Board if such act or proceeding is otherwise in accordance with the provisions of this Act.

There shall be an Implementation Committee consisting of the following members, namely.-

(a) Secretary of the Board who shall be the Chairman;

1[(b) xxx]1

1. Omitted by Act 23 of 1993 w.e.f. 27.5.1993.

(c) The Chief Secretaries of the Zilla Parishads of Bellary, Bidar, Gulbarga, 1[Koppal, Davanagere]1 and Raichur districts;

1. Inserted by Act 33 of 1998 w.e.f. 20.8.1998.

(d) The Administrators of the Command Area Development Authorities constituted for the Command Area in relation to Upper Krishna Project and Tungabhadra Project;

(e) The Director of Agriculture;

(f) The Director of Collegiate Education;

(g) The Director of Animal Husbandry;

(h) The Director of Health and Family Welfare Services;

(i) The Director of Social Welfare;

(j) The Chief Engineers having jurisdiction over Hyderabad-Karnataka Area;

(k) The Commissioner for Public Instruction;

(l) The Chief Conservator of Forests having jurisdiction over Hyderabad - Karnataka Area;

(m) The Vice-Chancellor, Gulbarga University;

(n) Such other officers appointed by the State Government;

(o) The Deputy Commissioner of each district in Hyderabad-Karnataka Area;

(1) The Implementation Committee shall exercise such of the powers of the Board which are delegated to it by the Board.

(2) The Implementation Committee shall meet atleast once in a month.

(3) The Implementation Committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.