The Krantiveera Sangolli Rayanna Kshetra Development Authority Act, 2016
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
18. Vesting of heritage sites in Sangolli Rayanna Kshetra in the Authority.-
(1 ) Notwithstanding any custom, tradition, practice or terms of any trust created and subsisting under any law for the time being in force, the full control, management and superintendence of all or any of the heritage sites at Heritage Sites specified in the Schedule shall vest in the Government and thereafter it shall be transferred to the
Authority, from the date notified by the Government:
- (2) The Government may by general or special order make transitory provisions, if in the opinion of the Government, it is expedient so to do.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
19. Power to amend the Schedule
The Government may by notification amend the Schedule by adding or modifying any entry therein, after following such procedure as may be prescribed.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
20. Preparation of developmental plan, its approval and execution.- (1) The
Authority shall, as soon as may be, after its constitution prepare a plan for the development of Sangolli Rayanna Kshetra into an international Heritage, Cultural and Tourist centre and a centre for deliberation and propagation of the freedom fighter Sri Sangolli Rayanna and his contemporaries. The Development plan may include,-
- (a) remantling of any heritage site or structure and programmes for its maintenance;
- (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 Authority inn houses to cater to different classes of tourists;
- (e) construction of necessary chain of shops or shopping complexes;
- (f) construction of an auditorium or memorial Hall;
- (g) construction of exhibition halls and Historical propagation halls at strategic places;
- (h) provision of amenities as defined in clause (a) of section 2;
- (i) laying and relaying of all or any land including, construction and reconstruction of buildings;
- (j) providing drainage, electricity and water supply and sanitation;
- (k) raising any land which the Authority may consider expedient to raise to facilitate its plan of action in general and better drainage in particular;
- (l) forming open spaces for the better ventilation of the area comprised in the Sangolli Rayanna Kshetra or in any adjoining area;
- (m) the demolition of all buildings unfit for human habitation and not fitting into the developmental plan;
- (n) the demolition of obstructive building or portions of buildings;
- (o) the construction and reconstruction of buildings, their maintenance and preservation;
- (p) the sale, letting or exchange of any property comprised in the scheme, subject to the provisions of section 36;
- (q) providing accommodation to the employees of the Authority ;
- (r) providing facilities for communication and transport;
- (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;
- (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 the Sangolli Rayanna Kshetra as a cultural centre, place of heritage and an international tourist centre and a centre for deliberation and propagation of the freedom fighter Sri Sangolli Rayanna and his contemporaries.
- (u) excavation and exploration of archaeological nature to unearth ancient monuments if any believed to be buried in any of the historical and heritage sites within the territorial limits of the Authority : Provided that nothing contained in this clause shall be deemed to over ride the provisions of Ancient Monuments and Historical Sites and Remains Act, 1958 (Central Act 24 of 1958).
- (2) The development plan prepared under sub-section (1) shall be forwarded by the Commissioner to the Government for its approval. The Government may approve the plan with or without any modifications.
- (3) After approval of the development plan under sub-section (2), the 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 Government under this section.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
21. Maintenance of Sangolli Rayanna Kshetra
The Government may by rules on the recommendation of the Authority or otherwise make provision for the maintenance of Sangolli Rayanna Kshetra which shall include the manner in which the properties of the Authority including the heritage sites can be employed, the rates, fees or other charges that can be collected from the visitors, tourists and other visitors to the town for the various facilities that they could make use of and for such other matters as may be expedient from the premises of the heritage sites; power to recover rent or damages as arrears of land revenue.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
22. No other authority or person to undertake development without permission of the Authority
(1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Sangolli Rayanna Kshetra of the types as the
Authority may from time to time specify by notification published in the Official Gazette.
- (2) No local authority shall grant permission for any development referred to in sub- section (1), within the Sangolli Rayanna Kshetra, 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 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.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
23. Power of entry
The Authority may authorise any person to enter into or upon any land or building with or without assistants or 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;
- (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.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
24. Levy of Fee
It shall be lawful for the Authority to levy, at such rate as may, by the regulations be specified, a fee for grant of permissions under section 22.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
25. Delegation of powers of the Government on the Authority
Notwithstanding anything contained in the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act 7 of 1962) the Government may by notification delegate any of its powers to be exercisable by it on the Authority and on the issuance of such notification the Authority shall have such powers and perform such functions as may be specified in the notification.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
26. Duty to maintain streets etc.,
Notwithstanding anything contained in the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) it shall be incumbent on the Authority to make reasonable and adequate provision by any means or measures which it is lawfully competent to use or take, for the following matters, namely:-
- (a) the maintenance, keeping in repair, lighting and cleansing of the streets in the Sangolli Rayanna Kshetra;
- (b) the drainage, sanitary arrangement and water supply in respect of the streets in the Sangolli Rayanna Kshetra.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
27. Application of (Karnataka Act 32 of 1974) to the Authority Premises.- (1)
Subject to the provisions of sub-section (2) the State Government, may by notification provide from such date as may be specified in the 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.
- (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, that is to say,-
- (a) the Government may appoint any officer of the Government or of the Authority as it thinks fit, to be the competent officer for the purposes of the aforesaid Act;
- (b) reference 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
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
28. Government” in section 6,7,8,14, 15, 16 and 17 of that Act shall be deemed to be references to the Authority.
Promotion of Tourism by the Authority .-The Authority may organize programmes and activities for promotion of tourism, cultural and Historical Heritage centre to give wider publicity to the heritage sites. Such programmes may include,-
- (a) Birthday Celebration of Sangolli Rayanna.
- (b) Martyr Celebration of Sangolli Rayanna .
- (c) Art Exhibitions and Sales.
- (d) Seminars, Symposia, workshops.
- (e) Annual Fairs and Festivals of special nature.
Chapter III DEVELOPMENT AND MAINTAINANCE OF SANGOLLI RAYANNA KSHETRA
29. Delegation of powers
(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 44. (2) The Authority may by regulations, delegate any of the powers conferred on it by or under this Act to the Commissioner or other officers of the Authority , except the power to make regulations under section 45.
- (2) The Authority may by regulations, delegate any of the powers conferred on it by or under this Act to the Commissioner or other officers of the Authority , except the power to make regulations under section 45.
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