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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Preamble 1

Title: Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996

State: Karnataka

Year: 1996

..... An Act to provide for acquisition of Roerich and Devikarani Roerich Estate in Public interest and for transfer to a trust established under the Act and in order to secure the proper management of the said Estate so as to preserve the valuable tree growth, paintings, art objects and carvings and to establish an Art-Gallery-cum-Museum and for matters connected therewith or incidental thereto. WHEREAS it is necessary to provide for acquisition of Roerich and Devikarani Roerich Estate in public interest and for transfer to a trust established under the Act and in order to secure the proper management of the estate so as to preserve the valuable tree growth, paintings, art objects and carvings and for establishment of an Art-Gallery-cum-Museum and for matters connected therewith or incidental thereto; AND whereas for the purpose hereinbefore stated, it is expedient to provide for the acquisition and transfer of Roerich and Devikarani Roerich Estate by legislation; BE it enacted by the Karnataka State Legislature in the Forthy-seventh year of the Republic of India as follows:- ______________________ 1. First published Karnataka gazette extraordinary dated 18th november.....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Complete Act

Title: Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996

State: Karnataka

Year: 1996

.....- Appointment of Executive Officer and other officers Section 24 - Powers and duties of the Executive Officer and other officers Section 25 - Suits and other legal proceedings by or against Board Section 26 - Fund Section 27 - Power to borrow Section 28 - Utilisation of the Fund Section 29 - Audit Section 30 - Budget Chapter VI Section 31 - Act to have overriding effect Section 32 - Contract to cease to have effect unless ratified by Board Section 33 - Protection of action taken in good faith Section 34 - Penalties Section 35 - Offences by companies Section 36 - Revision Section 37 - Power to make rules Section 38 - Power to remove difficulties Schedule I - FIRST SCHEDULE Schedule II - SECOND SCHEDULE

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Chapter I

Title: Priliminary

State: Karnataka

Year: 1996

....."appointed day" means the date of coming into force of this Act or any provisions thereof; (b) "Board" means Board of Trustees established under section 21 of this Act; (c) "Commissioner" means Commissioner of payment appointed under section 12 of this Act; (d) "Executive Officer" means Executive Officer appointed under section 23 of this Act; (e) "owners" means deceased Dr. Svetoslav Roerich and deceased Mrs.Devikarani Roerich to whom the land specified in Schedule-I belonged and includes any person who claims title to such lands as their heir or legal representative; (f) "Roerich and Devikarani Roerich Estate" means the lands specified in Schedule-I and which belonged to deceased Dr.Svetoslav Roerich and deceased Mrs. Devikarani Roerich or both or belongs to any transferee and includes all other movable properties found and buildings situated on such lands and belonging to the owners or transferees; (g) "Schedule" means Schedule to this Act; (h) "specified date" means such date as the State Government may for the purpose of any provisions of this Act, by notification, specify; (i) "transferee" means a person to whom any land specified in Schedule-1 has been.....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 2

Title: Definitions

State: Karnataka

Year: 1996

....."appointed day" means the date of coming into force of this Act or any provisions thereof; (b) "Board" means Board of Trustees established under section 21 of this Act; (c) "Commissioner" means Commissioner of payment appointed under section 12 of this Act; (d) "Executive Officer" means Executive Officer appointed under section 23 of this Act; (e) "owners" means deceased Dr. Svetoslav Roerich and deceased Mrs.Devikarani Roerich to whom the land specified in Schedule-I belonged and includes any person who claims title to such lands as their heir or legal representative; (f) "Roerich and Devikarani Roerich Estate" means the lands specified in Schedule-I and which belonged to deceased Dr.Svetoslav Roerich and deceased Mrs. Devikarani Roerich or both or belongs to any transferee and includes all other movable properties found and buildings situated on such lands and belonging to the owners or transferees; (g) "Schedule" means Schedule to this Act; (h) "specified date" means such date as the State Government may for the purpose of any provisions of this Act, by notification, specify; (i) "transferee" means a person to whom any land specified in Schedule-1 has been.....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Chapter IV

Title: Commissioner of Payments

State: Karnataka

Year: 1996

.....may, with the previous sanction of the State Government and subject to such conditions as may be prescribed borrow any sum for the purpose of this Act. Section 28 - Utilisation of the Fund The Fund may be utilised for all or any of the following purposes, namely:- (i) maintenance, management and administration of the Estate; (ii) laying out and maintenance of public park; (iii) establishment and maintenance of Art Gallery-cum-Museum; (iv) preservation of tree growth in the Estate; (v) for cultivation of linaloe crop; (vi) for payment of salaries and allowances of Executive Officer and other officers appointed under section 23; (vii) for any other purpose as may be prescribed. Section 29 - Audit (1) The State Government shall annually appoint an auditor to audit the accounts of the Board and fix the remuneration which shall be paid to such auditor from the Board Fund. The auditor shall send his report to the State Government. (2) The State Government shall send a copy of the audit report to the Board and it shall be the duty of the Board to remedy, within such time as may be specified by the State Government any defects or irregularities pointed out by.....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 22

Title: Powers and Duties of the Board

State: Karnataka

Year: 1996

Subject to the rules made under this Act, the powers and duties of the Board shall be,- (a) to administer and manage the Estate; (b) to establish and maintain Art Gallary-cum-Museum in the name of Dr.S.Roerich and Mrs. Devikarani Roerich; (c) to lay-out and maintain public park and to preserve tree growth in the Estate; (d) to cultivate and protect linaloe crop in the Estate; (e) to take all necessary steps for collection of paintings and Art pieces and other literary works of Dr.S.Roerich and Mrs. Devikarani Roerich; (f) to levy, subject to such condition as the State Government may impose, fees for entry into the public parks and Museum-cum-Art Gallary; and (g) to do such other acts as may be prescribed and as are incidental or conducive to the efficient administration of the Estate by the Board.

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 1996

(1) This Act may be called the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996. (2) It shall come into force on such 1[date] as the State government may by notification in the Official Gazette appoint and different dates may be appointed for different provisions of this Act. _______________________________ 1. Act came into force on 21.11.1996

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Chapter II

Title: Transfer and Vesting of the Estate

State: Karnataka

Year: 1996

.....the Board. (2) For the removal of doubts it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other section of the Act, no liability of the owners or transferees in relation to the Estate in respect of any period prior to the appointed day shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board; (b) no award, decree or order of any court, tribunal or other authority in relation to the Estate passed after the appointed day in respect of any matter, claim or dispute in relation to any matter which arose before that day shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board; (c) no liability incurred by the owners or transferees before the appointed day, for the contravention of any provision of any law for the time being in force shall be enforceable against the State Government or where the Estate is directed under section 6 to vest in the Board, against the Board. Section 6 - Power of State Government to direct vesting of the Estate in the Board (1).....

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 3

Title: Transfer and Vesting of the Estate in the State Government

State: Karnataka

Year: 1996

On the appointed day, the Roerich and Devikarani Roerich Estate (hereinafter referred to as the "Estate"), and the rights, title and interest of the owners and transferees in relation to the Estate, shall, by virtue of this Act stand transferred to and shall vest absolutely in the State Government.

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 4

Title: General Effect of Vesting

State: Karnataka

Year: 1996

.....person holding any charges, lease, lien or other interest in or in relation to any such property shall be entitled to claim in accordance with his rights and interest payment of the mortgage money or other dues in whole or in part out of the amount specified in section 7 and also out of the amount determined under section 8 but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the State Government. (5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the State Government under section 3 instituted or preferred by or against the owners or transferees is pending the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer of the Estate or anything contained in this Act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the State Government or where the Estate is directed under section 6 to vest in the Board by or against the Board.

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