The Karavali Development Board Act, 2023

Short title, extent and commencement.-

1. (1) This Act may be called the Karavali Development Board Act, 2023
2. (2) It extends to the whole of Karavali area.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

Definitions.- In this Act, unless the context otherwise requires;-

1. (a) "Board" means, the Karavali Development Board constituted under section 3;
2. (b) "Chairperson" means, the Chairperson of the Board;
3. (c) "Development Department" means, all Development Departments of the state Government functioning in Karavali area including any body or corporation established by the State Government by or under any law, having jurisdiction over that area but excluding Police and Judicial departments;
4. (d) "Government" means, the Government of the Karnataka;
5. (e) "Implementation Committee" means, the Implementation Committee constituted under section 10;
6. (f) "Karavali Area" means, the area specified in the schedule;
7. (g) "Member" means, a Member of the Board;
8. (h) "Plan" means, the Annual Plan prepared by the Board for Development of Karavali Area but excluding the district plan of the Zilla Panchayat and the plan of various development departments;
   • (i) “Schedule” means, schedule appended to this Act; and
9. (j) "Secretary" means, Secretary of the Board.

Constitution of the Board.-

1. (1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, Board for the Karavali Area to be called the Karavali Development Board, with Head Quarters at Mangaluru.
2. (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. (3) The Board shall consist of the following members, namely:-
   • (a) Members of House of the People and Karnataka State Legislative Assembly representing part or whole of the Karavali area whose constituency lie within the jurisdiction of the said area;
   • (b) Members of the Council of States and the Karnataka Legislative Council who have selected District or Taluk as Nodal Districts or Taluks within the jurisdiction of the Karavali Area.
   • (c) The Adhyakshas of Zilla Panchayaths having jurisdiction of Karavali area (Dakshina Kannada, Udupi and Uttara Kannada districts);
   • (d) Not exceeding ten persons nominated by the State Government of whom two persons shall be from amongst the persons belonging to the Scheduled Castes and one from Scheduled Tribes;
   • (e) The Secretary of the Board; and
   • (f) The Deputy Commissioner of each district in Karavali area.
4. (4) The Government shall appoint a person from amongst the members to be the Chairperson of the Board.
5. (5) The Government shall appoint an officer not below the rank of the Regional Commissioner to be the Secretary of the Board.
6. (6) The 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. (7) The Salary allowances, the method of recruitment and conditions of service of the officers and staff of the Board shall be such as may be prescribed. The salary of the staff and officers of the Board shall be defrayed of the fund of the Board.
8. (8) The administrative expenses of the Board including the salaries, allowances and pensions payable, if any, to the Secretary and other officers and employees of the Board shall be defrayed out of the fund of the Board.

Term of office and conditions of service.-

1. (1) Subject to the pleasure of the Government, the Chairperson and other members appointed by the Government shall hold office for a period of three years.
2. (2) The Chairperson or member other than an ex-officio member may resign his office by writing under his hand addressed to the Secretary or the Principal Secretary or the Additional Chief Secretary to Government, Planning Department, but shall continue in office until his resignation accepted.
3. (3) The Chairperson and other members shall receive such allowances as may be prescribed.
4. (4) The allowances payable to the Chairperson and other members shall be defrayed out of the Fund of the Board.
5. (5) No act or proceedings of the Board shall be invalid by reason of the existence of any vacancy or defect in the Constitution of the Board.

Disqualification for office of membership.-

1. (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 Government involves moral turpitude; or
   • (b) is of unsound mind and stand 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 State Government or a body or corporation owned or controlled by the Central Government or 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 on behalf of the Board; or
   • (f) is employed as a paid legal practitioner on behalf of the Board accepts employment of Legal Practitioner.
2. (2) A person shall not be disqualified under clause
   • (e) of sub-section
3. (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.

Removal of members.-

1. (1) The Government shall remove the Chairperson or other members if,-
   • (a) he becomes subject to any of the disqualifications mentioned in section 5: Provided that, no Chairperson or Member shall be removed on the ground that he has become subject to disqualification mentioned in clause
   • (e) of sub-section
2. (1) of section 5, unless he has been given an opportunity of making his representation against the proposal; or
   • (b) he refuses to act or becomes 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 Government he has so abused his position as to render his continuance in office detrimental to the public interest:

Secretary Secretary.-

1. (1) The Secretary shall receive such salary and other allowance as the Government may determine from time to time.
2. (2) The Government may grant from time to time leave of absence to the Secretary.
3. (3) The Secretary shall be the Chief Executive Officer 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.

Meeting of the Board.-

1. (1) The meeting of the Board shall be convened by the Chairperson or by the Secretary, with the prior approval of the Chairperson and shall be held at any place within the jurisdiction of the Board or at the Head quarters. In the presence of Chairperson, the Chairperson shall preside over the meeting called for.
2. (2) The Board shall meet at least once in every three months.
3. (3) The Chairperson may if he feels it necessary, convene a special meeting or the Secretary with the prior approval of the Chairperson may convene such meeting which shall be held at any place within the jurisdiction of the Board or at the State Head Quarters: Provided that, where the office of the Chairperson is vacant the Secretary may convene the meeting of the board to discuss the urgent matters senior member to be presided over the said meeting.
4. (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. (5) Every meeting shall be presided over by Chairperson and if for any reason, the Chairperson is unable to attend any meeting, any other member chosen by the members present at the meeting shall preside over the meeting.
6. (6) One third of total members shall form the Quorum.

Proceeding presumed to be good and valid.- No disqualification of or defect in the appointment of any person acting as the Chairperson or Member shall be deemed to vitiate any act or proceedings of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.

Implementation Committee.- There shall be a implementation committee consisting of the following members, namely:-

1. (a) Secretary of the Board who shall be the Chairperson;
2. (b) The Deputy Commissioner of each district in Karavali Area;
3. (c) The Chief Executive Officer of the Zilla Panchayats having jurisdiction over Karavali area;
4. (d) The Administrator of the Karavali Area Development Board constituted for the Karavali Area in relation to Irrigation Project in the Karavali Area;
5. (e) The Director of Agriculture;
6. (f) The Director of Horticulture;
7. (g) The Director of Animal Husbandry and fisharies;
8. (h) The Director of Health and Family Welfare service;
   • (i) The Commissioner or Director for Social Welfare;
9. (j) The Chief Engineer having jurisdiction over Karavali Area;
10. (k) The Director or Commissioner for ports;
11. (l) The Chief Conservator of forest having jurisdiction over Karavali Area;
12. (m) The Vice-Chancellor of the University established under the Karnataka State University Act, 2000 to be nominated by the Government; and
13. (n) Such other officers as appointed by the State Government.

Powers of Implementation Committee.-

1. (1) The Implementation Committee, shall exercise such of the power of the Board which are delegated to it by the Board.
2. (2) The Implementation Committee shall meet at least once in a month.
3. (3) The Implementation Committee shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by the regulations.

Objects of the Board.- The objects of the board shall be,-

1. (i) to promote the development and conservation of water resources in the Karavali Area;
2. (ii) to adopt soil and water conservation measures in rainfed agriculture systems of the Karavali Area;
3. (iii) to promote development of forest in the Karavali Area;
4. (iv) to promote Horticulture development in the Karavali Area;
5. (v) to promote and support activities in the Agriculture and allied sectors in the Karavali Area;
6. (vi) to promote Animal Husbandry, Fisharies and Inland water transport and Tourism in the Karavali Area; and
7. (vii) such other objects as directed by the Government.

Preparation of plan and approval of schemes.-

1. (1) The Board shall every year prepare an Annual Action Plan for the developments of the Karavali Area and forward it to the Government for approval. The Government may approve the plan with or without modification.
2. (2) Subject to the provisions of this Act and the control of the Government, schemes formulated in accordance with the plan, by development departments, Zilla Panchayats and Non-Governmental organisation recognised by the Board functioning in Karavali Area with reference to the plan.

Supervision.- The Board shall have power to supervise and review the progress of expenditure incurred under the plan and performance of various development departments, Zilla Panchayats and Non-Governmental Organisations recognised by the Board functioning in Karavali area with reference to the plan.

Co–Ordination.- The Board shall co–ordinate functioning of all Development Departments, Zilla panchayats, and Non Governmental Organisations recognized by the Board functioning which implement in Karavali area. The development schemes included in its plan and shall also review the Personnel position of such development departments, Zilla Panchayats and Non–Governmental Organisations recognized by the Board functioning and may make suggestions in this behalf to the Government.

Implementation of Schemes.- The Board shall be responsible for implementation of Schemes included in annual plan and five years plans through the development department, Zilla Panchayats and Non Governmental organization recognised by the Board functioning in the Karavali area. The Board may subject to such rules as may be prescribed re-appropriate funds from one development department to another, if, for any reason a development Department is not likely to incur full expenditure out of the amount allocated to it under the plan.

Obtaining Information.- The Board may for the purpose of this Act seek and obtain information from any Zilla Panchayats in Karavali Area or from any officer of the Government having jurisdiction over any area in Karavali Area and such Zilla Panchayats or officer shall be bound to furnish the information sought by the Board.

Delegation of Power.- The Board may by notification delegate to the Implementation Committee or the Secretary of the Board any of the power conferred on it by or under this Act except the power to make regulations under section 29.

Fund of the Board.-

1. (1) There shall be a fund called the Karavali Development Board fund.
2. (2) The following shall form part of, or be paid into, the board fund, namely:-
   • (i) all grants, subventions, donations and gifts made by the Central Government, State Government, any local authority, anybody whether incorporated or not or any persons;
   • (ii) the amount borrowed by the Board; and
   • (iii) all other sums received by or on behalf of the Board from any source what-so-ever.
3. (3) Except as otherwise directed by the State Government all money credited to the fund shall be invested in any Nationalized Bank.

Application of the fund.- The Board fund and all property held or vested in the Board shall be applied for the administration of this Act.

Allocation in Plan.-The Government shall, keeping in view the plan of the Board make financial allocation to the board in the annual plan of the State.

Grant by the State Government.- The State Government shall every year make a grant to the board sum equivalent to the administrative expenses of the Board.

Power to borrow.- The Board may from time to time with the previous sanction of the Government and subject to the such conditions as may be prescribed in this behalf, borrow any sum required for the proposes of this Act.

Account and audit.-

1. (1) Accounts of the income and expenditure of the Board fund shall be kept in accordance with such rules as may be prescribed.
2. (2) The Board shall prepare an annual statement of accounts in such form, as may be prescribed.
3. (3) The accounts of the board shall be audited annually by such auditor as the State Government may appoint.
4. (4) The Auditor shall for the purposes of the audit, have access to all the accounts and other records of the Authority.
5. (5) The Board shall pay from its fund such charges for the audit as may be prescribed.
6. (6) As soon as may be after the receipt of the report of the Auditor, the Board shall send a copy of the annual statement of accounts, together with a copy of the report of the Auditor to the Government and shall cause to be laid before each houses of the State Legislature and be published the annual statement of accounts in such manner as may be prescribed.
7. (7) The Government may after perusal of the report of the auditor give such directions as it thinks fit to the Board and the Board shall comply with such directions.

Power of the Government to direct the Board.- Notwithstanding anything contained in this Act in any other Law for the time being in force, if in the opinion of the Government it is expedient in public interest so to do, it may, by general or special order issue such directions to the Board as are necessary to carry out the purposes of the Act.

Report Report.-

1. (1) The Board shall before such date, in such form and at such interval as may be prescribed, submit the Annual report and such other prescribed report to the State Government.
2. (2) The Annual report of the board shall be laid before each houses of the State Legislature.

Budget of the Board.-

1. (1) The Board shall prepare every year before such date and in such form budget estimates of its income and expenditure for the financial year to commence on the first day of April next following year and shall forward to the Government.
2. (2) The Government may approve the same with or without modification.

Power to make rules.-

1. (1) Subject to the provision of this Act, the Government may, after previous publication, by notification make rules to carry-out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
   • (a) the salary, allowances, the method of recruitment and condition of service of the officers and staff of the Board under sub-section
3. (7) of section 3;
   • (b) the allowances payable to Chairperson and other members of the Board under sub-section
4. (3) of section 4;
   • (c) the re-appropriation of funds from one department to another for implementation of schemes included in annual plan and five years plans under section 16;
   • (d) conditions to borrow of any sum required for purpose of the Board under section 23;
   • (e) maintenance of Accounts of the income and expenditure of the Board fund under sub-section
5. (1) of section 24;
   • (f) the manner of preparing annual statements of Accounts under sub-section
6. (2) of section 24;
   • (g) the payment of charges for the audit from the Board fund under sub-section
7. (5) of section 24;
   • (h) the manner of publishing the annual statement of accounts under sub-section
8. (6) of section 24;
   • (i) prescribing such date, form and interval for submitting Annual report and any other report to State Government under sub-section
9. (1) of section 26; and
   • (j) any other matter which is required to be or may be specified under this Act.
10. (3) 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 session aforesaid, both Houses agree in making any modification in the rule or decide that any rule should not be made, the rule shall thereafter 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.

Power of the Board to make regulations.- The Board may subject to the provisions of this Act and rules made under sub section 28 and with the previous sanctions of the Government by notification make regulations to carry out the purpose of this Act.

-1 30. Amendment of the Karnataka Act 36 of 1991.- In the Malnad Area Development Board Act, 1991 (Karnataka Act 36 of 1991), in the Schedule, the serial No. 6 and 7, and the entries relating thereto shall be omitted.

Schedule (see Section 2 (f)) Karavali Area Sl No. Districts Taluks 1 2 3 1 Uttara Kannada Ankola, Bhatkal, Haliyala, Honnavara, Supa, Karwar, joida. Kumata, Mundagodu, Siddapur, Sirsi, Yellapur, Dandeli. 2 Dakshina Kannada Puttur, Bantwal, Belthangadi, Mangaluru, Sulya, Mudubidire, Kadaba, Mulki, Ullala. 3 Udupi Udupi, Karkala, Kundapura, Brahmavar, Byndooru, Kapu, Hebri.