(1) The Authority may, in order to carry out the development plans and schemes formulated under section 11 or any town planning scheme issue directions to any local Authority, Urban development Authority concerned, Karnataka Urban Water Supply and Sewerage Board, 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 whom 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 therefor from the body concerned.
Section 24 - Penalty for breach of the provisions of the Act
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.
Section 25 - Offences by companies
(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 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.
Section 26 - Sanction of Prosecution
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.
Section 27 - Authority may compromise claims by or against it
The Authority may compound or compromise any claim or demand arising out of any contract entered into by it under this Act or any action or suit 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.
Section 28 - Fines realised to be credited to the Fund
All fines realised in connection with prosecutions under this Act shall be credited to the Authority Fund.
Section 29 - Members and officers to be public servants
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.
Section 30 - Protection of action taken in good faith
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 thereunder.
Section 31 - Control by the State Government etc
(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.
Section 32 - Act to over-ride other laws
The Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Section 33 - Power to make rules
(1) The State Government may, by notification, subject to the condition of 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 rule 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.
Section 34 - Regulations
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.
Section 35 - Removal of difficulties
(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 which appears to it to be necessary to remove the difficulty.
(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.
Section 36 - Amendment of Karnataka Town and Country Planning act, 1961
In the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963),-
(1) in section 2, in clause (7), after item (ia) of sub-clause (a), the following item shall be inserted, namely:-
"(ib) the heritage area as defined in the Hampi World Heritage Area Management Authority Act, 2002 (hereinafter referred to as heritage area) the Hampi World Heritage Area Management Authority constituted, under that Act."
(2) in section 4A, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-
"Provided further that in the case of the heritage area, the local planning area declared under this sub-section shall be co-terminus with the heritage area."
(3) in section 12, in sub-section (1) the following proviso shall be inserted, namely:-
"Provided that notwithstanding anything contained in this Act in the case of the local planning area comprising the heritage area the outline development plan shall also contain the particulars specified in clauses (a) to (g) of sub-section (1) of section 21 and the plan so prepared shall for the purpose of this Act be deemed to be the comprehensive development plan in respect of the heritage area and sections 19 to 23 shall not apply for preparation of such deemed comprehensive development plan."
(4) after section 81 D the following shall be inserted, namely:-
"81E. Consequences of constitution of Hampi World Heritage Area Management Authority.--
Notwithstanding anything contained in this Act with effect from the date Hampi World Heritage Area Management Authority is constituted under Hampi World Heritage Area Management Authority Act, 2002 such authority shall be the local planning authority for the local planning area comprising the heritage area 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 the heritage area."
Section 37 - Application of (Karnataka Act 32 of 1974) to Authority Premises
(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, 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 6,7,8,14,15,16 and 17 of that Act shall be deemed to be references to the Authority.