Kudala Sangama Development Board Act, 1994 Chapter 2

(1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, a Board called the Kudala Sangama Development Board.

(2) The Board shall have its headquarters at such place as may be determined by the Board from time to time.

(3) 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.

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

(a) the Chief Minister, who shall be the¹[ex-officio Chairman] of the Board;

(b) the Minister in charge of rehabilitation and re-settlement of project displaced families of Upper Krishna Project;

(c) the Minister in charge of Major Irrigation;

(d) the Members of Parliament and the Members of the State Legislature representing a part or whole of the Kudala Sangama Kshetra, whose electoral constituencies lie within the limits of it;

(e) the President, Basava Samiti, Basava Bhavana, Basaveshwara Circle, Bangalore;

(f) the President, Akila Bharatha Veerashaiva Mahasabha, No 18, Seshadri Road, Bangalore;

(g) not exceeding five members nominated by the State Government who have served the cause espoused by Lord Sri Basaveshwara:

Provided that not less than one shall be a person,-

(i) holding a Bachelor degree in Civil Engineering awarded by any University established by law in India;¹[and]

(ii) has held the office of Chief Engineer,¹[Civil];

(h) the Director of Rehabilitation and Resettlement, Upper Krishna Project;

(i) the Secretary to Government in charge of rehabilitation and resettlement works Upper Krishna Project;

(j) the Secretary to Government, Finance Department;

(k) the Secretary to Government, Irrigation Department;

(l) the Divisional Commissioner of Belguam Division;

(m) the Special Secretary to Government, Irrigation Department and Project co-ordinator, Upper Krishan Project;

(n) the Deputy Commissioner, Bijapur District;

(o) the Chief Executive Officer, Bijapur Zilla Panchayat;

(p) the General Manager, Rehabilitation and Resettlement, Upper Krishna Project;

(q) the Director, Department or Archaeology and Museums in Karnataka;

(r) such ex-officio members not exceeding five nominated by the State Government;

(s) the Commissioner of the Board who shall be the Member- Secretary.

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1. Substituted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 4 - Term of office and conditions of services

(1) Subject to the pleasure of the State Government the non-official members nominated by the State Government shall hold office for a period of three years.

(2) Any non-official 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 non-official members shall receive such allowances as may be prescribed.

Section 5 - Disqualification for office of membership

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;¹[or]

(b) is of unsound mind and stands so declared by a competent court;²[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;²[or]

(e) has directly or indirectly by himself or as partner, has 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;²[or]

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

Provided that no person shall be disqualified under clause (e) of sub-section (1) or be deemed to have²[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.

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1. Inserted by Act 21 of 1997 w.e.f. 29.9.1997.

2. Substituted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 6 - Removal of member

(1) The State Government shall remove a member if,-

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

Provided that no 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;

Provided that this clause shall not be applicable in case of¹[ex-officio] members; 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.

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1. Substituted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 7 - Eligibility for reappointment

Any person ceasing to be a member shall unless disqualified under section 5, be eligible for re-appointment as a member.

Section 8 - Powers of the Board

(1) The Board shall have power generally to do anything that in its opinion is necessary to do to give effect to the intent and provisions of this Act, except such acts as are specifically laid in the Act to be performed by other authorities.

(2) Without prejudice to the generality of sub-section (1) the Board shall have power,-

(a) to enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act subject to such rules as may be prescribed and every contract shall be made on behalf of the Board by the Commissioner:

Provided that no contract involving expenditure of rupees five lakhs and more shall be made without the previous sanction of the State Government;

(b) to borrow any sum required for the purposes of this Act from time to time with the previous sanction of the State Government and subject to such conditions as may be prescribed in this behalf;

(c) to lease, sell or otherwise transfer any movable or immovable property which belongs to it and to appropriate¹[or apply] any land vested in or acquired by it, subject to section 35 and to such restrictions, conditions and limitations as may be prescribed, for the formation of open spaces or for building purposes or in any other manner for the purpose of a development scheme with prior approval of the State Government.

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1. Inserted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 9 - Sub-committee of the Board

(1) The Board may for any specific purpose constitute a sub-committee consisting of the Commissioner as Chairman and such other members not exceeding five.

(2) The sub-committee shall exercise such of the powers and perform such duties of the Board which are delegated by the Board.

(3) The sub-committee shall meet at-least once in a month and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations.

Section 10 - Appointment of Commissioner

(1) The State Government shall appoint an officer not below the rank of a Deputy Secretary to Government, to be the Commissioner of the Board.

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

(3) The State Government may, from time to time, grant leave of absence for such period as it thinks fit to the Commissioner.

Section 11 - Powers and duties of the Commissioner

(1) The Commissioner shall be the Chief Executive and Administrative Officer of the Board.

(2) The Commissioner shall, in addition to performing such functions as are conferred on him by or under this Act or under any law for the time being in force,-

(a) carry into effect the resolutions of the Board;

(b) keep and conduct the Board correspondence;

(c) carry out and execute such schemes and works as the State Government may direct and incur necessary expenditure therefor;

(d) be responsible for implementing the schemes of the Board;

(e) operate the accounts of the Board and be responsible for the maintenance of the accounts of the Board;

(f) exercise supervision and control over the officers and servants of the Board in matters of executive, administration and service conditions of such officers and servants and regulation of their pay and allowances;

(g) furnish to the State Government a copy of the minutes of the proceedings of the Board and any return, or other information which the State Government may, from time to time, call for;

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

Section 12 - Employees of the Board

(1) Subject to such rules as may be prescribed, the Board may appoint such number of employees as it may find necessary for effective implementation of the Act:

Provided that, the State Government shall appoint a Controller of Finance and Accounts not below the rank of Group 'A' Junior Scale Officer' ¹ [on deputation] either from the Indian Audit and Accounts Service or from the Karnataka State Accounts Service.

(2) The Controller of Finance and Accounts shall work under the control of the Commissioner. He shall ensure that financial rules are followed; and accounts are kept upto date, presenting a true and fair picture of the financial affairs of the Board.

(3) The salaries, allowances and other conditions of service of the employees referred to in sub-section (1), shall be as may be prescribed.

(4) The Commissioner shall be the appointing authority in respect of employees of the Board and shall exercise general control and supervision over the personnel of the Board.

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1. Inserted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 13 - General disqualification for services under the Board

No person who has directly or indirectly by himself or through his partner or through his agent, any share or interest in any contract, by or on behalf of the Board or in any employment under, by or on behalf of the Board, otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Board.

Section 14 - Meetings of the Board

(1) Meetings of the Board shall be convened by the Commissioner, with the previous approval of the Chairman at such intervals as the Chairman may deem fit and shall be held at such place, as may be determined by the Chairman:

Provided that the Board shall meet atleast twice in a calendar year.

(2) 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 over the meeting.

(3) Decisions of the Board shall be, by unanimous affirmative vote of the members present and voting. If there is any difference of opinion on any particular subject coming for decision before the Board, the Commissioner shall refer the matter to the State Government and the decision of the State Government in such matters shall be final.

(4) The Commissioner shall give effect to the decisions of the Board:

Provided that, if in the opinion of the Commissioner any resolution of the Board contravenes any provision of this Act or any other law or of any rule, notification or regulation made or issued under this Act or any other law or of any order passed by the State Government or is prejudicial or detrimental to the interests of the Board or the interests of the development and maintenance of Kudala Sangama Kshetra, he shall within fifteen days of the passing of the resolution, refer the matter to the State Government for orders thereon and inform the Board at its next meeting, of the action taken by him and until orders of the State Government on receipt of such reference the Commissioner shall not be bound to give effect to such resolution.

(5) The Board may¹[by regulations specify the procedure] with regard to the transaction of business at its meetings, not inconsistent with the provisions of this Act or the rules.

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1. Substituted by Act 21 of 1997 w.e.f. 29.9.1997.

Section 15 - Proceedings presumed to be good and valid

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.

Section 16 - Decisions of the Board by circulation of note

(1) The Chairman may direct that any case may, instead of being brought up for discussion at a meeting of the Board, be circulated, amongst the members of the Board for opinion. If all the members unanimously agree for the proposal contained in the note circulated, it shall be deemed to be affirmative decision of the Board and further action taken accordingly. If there is any difference of opinion on any particular subject taken up for the decision of the Board by circulation, the Commissioner shall refer the matter to the State Government, and the decision of the State Government thereon shall be final.

(2) In cases which are circulated for opinion under sub-section (1), if any member fails to communicate his opinion to the Commissioner by a date to be specified in the note, it shall be presumed that such member has accepted the proposal contained in the note circulated.

(3) The provisions of section 14 shall mutatis mutandis apply to the decisions of the Board by circulation under this section.

(4) The contents of the note for circulation under sub-section (1), shall be as may be prescribed.

Section 17 - Power of the Chairman to take decisions of the Board in certain cases

(1) Where the Chairman is of the opinion that a matter is so urgent that it cannot wait for the Board meeting under section 14 or for a Board decision, by circulation under section 16, he may pass such orders as he may deem fit and it shall be implemented in the manner the decisions of the Board are implemented under section 14 and 16.

(2) The Chairman may also exercise his emergency power as in sub-section (1), in such cases which he considers frivolous, not necessitating convening of a meeting of the Board under section 14 or obtaining a decision of the Board under section 16.

(3) Every decision taken by the Chairman under this section shall be reported to the Board at its next meeting.