(1)As soon as may be after the date of commencement of this Act, the Governmentshall, by notification, constitute for the Bangalore Metropolitan Area anAuthority to be called the Bangalore Development Authority.
(2)The Authority shall be a body corporate by the name aforesaid having perpetualsuccession and a common seal, with power, subject to the provisions of this Act,to acquire, hold and dispose of property, both moveable and immoveable and tocontract and shall by the said name sue or be sued.
(3)The Authority shall consist of the following members, namely:-
(a)the Chairman;
(b)one person to be called the Finance Member possessing qualifications in accountsand audit;
(c) an engineer who shall be anofficer of the Karnataka Engineering Service1 [or an officer employed in anyundertaking owned or controlled by the State Government] not below the rank of a ChiefEngineer;
(d)a town planner who shall be a person with experience in town planning;
(e)a person with experience in architecture;
2 [(f)the Commissioner, Corporation of the City of Bangalore, ex-officio;]
3 [(ff)an officer of the Secretariat Department incharge of urban development, notbelow the rank of a Deputy Secretary to Government.]
(g)two persons who are members of the Karnataka State Legislature;
4 [(gg) two persons of whom oneshall be woman and one shall be a person belonging to the Scheduled Castes orthe Scheduled Tribes;]
5 [(h)four others of whom one shall represent the labour;]
(i)a representative of the Bangalore Water Supply and Sewerage Board;
(j)a representative of the Karnataka Electricity Board;
5 [(k)a representative of the Karnataka State Road Transport Corporation;]
(l)two persons elected by the councillors of the Bangalore City Corporation fromamong themselves in the prescribed manner:
Providedthat during the period of supersession of the Corporation or where anyAdministrator has been appointed, the two persons shall be nominated by theAdministrator from among the officers of the Corporations.
6 [(m) the Commissioner,ex-officio;.]
7 [(n) the Secretary of theAuthority, who shall be an ex-officio member.]
(4) The persons referred to in 2 [clauses(a) to (e) and (ff) to (h)]of sub-section (3) (bothinclusive) shall be appointed by the Government and the persons referred to inclauses (i), (j) and (k) thereof shall be nominated by the respective bodies:
Providedthat all the first members of the Authority shall be appointed by theGovernment,
(5)The Chairman, the engineer member, the finance member and the town plannermember shall be whole-time members and the other members shall be part-timemembers.
(6)The names of the Chairman and members (appointed or elected) shall be publishedby Government by notification.
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1.Inserted by Act 26 of 1995 w.e.f. 5.10.1995.
2.Substituted by Act 34 of 1986 w.e.f. 6.6.1986.
3.Inserted by Act 37 of 1982 w.e.f. 31.12.1982.
4.Inserted by Act 8 of 1977 w.e.f. 4.3.1977.
5.Substituted by Act 8 of 1977 w.e.f. 4.3.1977.
6.Inserted by Act 18 of 1981 w.e.f. 30.12.1980.
7.Inserted by Act 11 of 1988 w.e.f. 7.5.1988.
Section 4 - Disqualification for office of member
(1) No person shall be appointed as or continue to be 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 stands so declared by a competent court; or
(c) is an undischarged insolvent; or
(d) has been removed or dismissed from the service of the Central Government or a State Government or a 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 Authority or in any contract or employment with or under or by or on behalf of the Authority;
(f) being an elected member ceases to be a councillor of the Corporation; or
(g) is employed as paid legal practitoner on behalf of the Authority or accepts employment as legal practitioner against the Authority.
(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 Authority is inserted.
Section 5 - Term of office and conditions of service of members
(1) No person shall be appointed as or continue to be 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 stands so declared by a competent court; or
(c) is an undischarged insolvent; or
(d) has been removed or dismissed from the service of the Central Government or a State Government or a 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 Authority or in any contract or employment with or under or by or on behalf of the Authority;
(f) being an elected member ceases to be a councillor of the Corporation; or
(g) is employed as paid legal practitoner on behalf of the Authority or accepts employment as legal practitioner against the Authority.
(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 Authority is inserted.
Section 6 - Removal of member
The Government shall remove a member if--
(a) he becomes subject to any of the disqualifications mentioned in section 4:
Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given an opportunity of submitting his representation; or
(b) he refuses to act or becomes incapable of acting; or
(c) he, without obtaining leave of absence from the Authority, absents from there consecutive meetings of the Authority; 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:
Provided that no member shall be removed under this clause unless he has been given an opportunity of submitting his representation.
Section 7 - Eligibility for reappointment
Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for reappointment as a member.
Section 8 - Meetings of the Authority
(1) The meetings of the Authority shall be convened by the Chairman and shall be held at any place within the jurisdiction of the Authority.
(2) The Authority shall meet at such times and shall observe such rules of procedure in regard to the transaction of business at its meetings (Including quorum at meetings) as may be provided by the regulations.
(3) The Chairman or, if for any reason he is unable to attend any meeting, any other member chosen by the members present at the meeting shall preside at the meeting.
(4) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting and in the event of an equality of votes, the Chairman or in his absence, the person presiding, shall have and exercise a second or casting vote.
(5) A member shall not, at any meeting of the Authority or a committee thereof, take part in the discussion of or vote on any matter in which he has directly or indirectly, by himself or his partner, any share or interest.
Section 9 - Appointment of committees
(1) The Authority may from time to time appoint committees consisting of the Chairman and such other members as it thinks fit and may with the approval of the Government associate with such committees in such manner and for such period as may be prescribed, any person or persons whose assistance or advise it may desire and refer to such committees for inquiry and report any subject relating to the purposes of this Act.
(2) Every committee appointed under the sub-section (1) shall conform to any instructions that may from time to time be given to it by the Authority and the Authority may at any time alter the constitution of any committee so appointed or rescind any such appointment. The Chairman shall be the President of every such committee.
Section 10 - Powers of different authorities
(1) The1[Commissioner] may, on behalf of the Authority, sanction any estimate, call for tenders or enter into any contract or agreement the value or amount whereof shall not exceed2[twenty lakhs] of rupees, in such manner and form as, according to the law for the time being in force, would bind him if such contract or agreement were on his own behalf ;and every such contract or agreement shall be reported to the Authority at its next meeting.
(2) The Authority may sanction any estimate, call for tenders or enter into any contract or agreement the value whereof exceeds2[twenty lakhs] of rupees but3[does not exceed such amount as may be specified by the Government, from time to time] and where the value of any estimate, contract or agreement3[exceeds the amount so specified] the same shall not be entered into except with the previous sanction of the Government.
(3) Every contract or agreement on behalf of the Authority, other than a contact or agreement referred to in sub-section (1), shall be in writing and shall be signed by the1[Commissioner] and sealed with the common seal of the Authority.
(4) The common seal of the Authority shall be in the custody of the1[Commissioner], who shall personally affix the seal to any contract or other instrument.
(5) The acceptance of any tender shall be subject to such rules as may be proscribed.
(6) A contract not made or executed as provided in this section and the rules made thereunder shall be null and void and shall not be binding on the Authority.
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1. Substituted by Act 18 of 1981 w.e.f. 30.12.1980.
2. Substituted by Act 34 of 1986 w.e.f. 6.6.1986.
3. Substituted by Act 17 of 1994 w.e.f. 31.3.1994.
Section 11 - 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 Government.
Section 12 - Appointment of Commissioner
1[12 . Appointment of Commissioner
(1) The State Government shall appoint an officer, not below the rank of Divisional Commissioner, to be the Commissioner for the Authority.
(2) The Commissioner shall receive such monthly 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 period2[as it thinks fit] to the Commissioner. A copy of every order granting such leave shall be communicated to the Chairman.]
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1. Substituted by Act 18 of 1981 w.e.f. 30.12.1980.
2. Substituted by Act 22 of 2000 w.e.f. 29.11.2000.
Section 12A - Appointment of Secretary
1[12A. Appointment of Secretary
(1) The State Government shall appoint an officer not below the rank of a senior scale officer of the Karnataka Administrative Service, to be the Secretary of the Authority.
(2) The Secretary shall receive such monthly salary and other allowances as the State Government may from time to time determine.]
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1. Inserted by Act 11 of 1988 w.e.f. 7.5.1988.
Section 13 - Powers and duties of the Commissioner
1 [13. Powers and duties of the Commissioner
(1) The Commissioner shall be the Chief Executive and Administrative Officer of the Authority.
(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 Authority;
2 [Provided that, if in the opinion of the Commissioner any resolution of the Authority contravenes any provision of this Act or any other law or of any rule, notification, regulation or bye-law made or issued under this Act or any other law, or of any order passed by the Government or is prejudicial or detrimental to the interest of the Authority, he shall, within fifteen days of the passing of the resolution refer the matter to the Government for orders and inform the Authority at its next meeting, of the action taken by him and until the orders of the Government on such reference are received, the Commissioner shall not be bound to give effect to the resolution;]
(b) keep and conduct the Authority's 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 Authority;
(e) operate the accounts of the Authority and be responsible for the maintenance of the accounts of the authority;
(f) exercise supervision and control over the accounts and proceedings of all officers and servants of the Authority in matters of executive administration and in the matters concerning the accounts and records of the Authority and to the extent specified in sub-section (1) of section 50 dispose of all questions relating to the service of such officers and servants and their pay, privileges and allowances; and
(g) furnish to the Government a copy of the minutes of the Authority's proceedings and any return or other information which the Government may, from time to time, call for;
(h) authenticate by his signature all permissions, orders, decisions, notices and other documents of the Authority and the orders of the Chairman.
(3) The Commissioner shall have all the powers of a major Head of the Department of the State Government under the Karnataka State Civil Services Rules for the time being in force as respects the officers and servants of the Authority.]
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1. Substituted by Act 18 of 1981 w.e.f. 30.12.1980.
2. Inserted by Act 34 of 1986 w.e.f. 6.6.1986.
Section 14 - Objects of the Authority
The objects of the Authority shall be to promote and secure the development of the Bangalore Metropolitan Area and for that purpose the Authority shall have the power to acquire, hold, manage and dispose of moveable and immoveable property, whether within or outside the area under its jurisdiction, to carry out building, engineering and other operations and generally to do all things necessary or expedient for the purposes of such development and for purposes incidental thereto.