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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 Chapter IV

Title: Commissioner of Payments

State: Karnataka

Year: 1996

.....at such place and shall conduct its business in such manner as may be prescribed. Section 22 - Powers and duties of the Board 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. Section 23 - Appointment of Executive Officer and other officers (1) The State Government shall appoint an Executive Officer to the Board and such number of other officers as it considers necessary to assist him. (2) The salary and.....

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Bangalore Palace (Acquisition and Transfer) Act, 1996 Chapter 5

Title: Board of Trustees

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 purposes of this Act. Section 29 - 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 Palace; (ii) laying out and maintenance of public park; (iii) preservation of tree growth in the premises of the Palace; (iv) for development of Botanical Museum and Horticulture garden in the Palace premises; (v) for payment of salaries and allowances of the Executive Officer and other officers appointed under section 24; and (vi) for any other purposes as may be prescribed. Section 30 - Audit (1) The State Government shall appoint annually 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.....

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Bangalore Palace (Acquisition and Transfer) Act, 1996 Section 5

Title: General Effect of Vesting

State: Karnataka

Year: 1996

.....shall have the right to prefer his claim in the prescribed manner before the Commissioner for payment of amount out of the amount specified in section 8 and also out of the amount determined under section 9. (4) Every mortgagee of any property which has vested under this Act in the State Government and every person holding any charge, lease, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, lease, lien or other interest. (5) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (4) or other person holding any charge, lease, lien or other interest in or in relation, to any such property shall be entitled to claim in accordance with his rights or interest, payment of the mortgage money or other dues in whole or in part out of the amount specified in section 8 and also out of the amount determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the State Government. (6) If, as on the appointed day,.....

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Bangalore Palace (Acquisition and Transfer) Act, 1996 Chapter 2

Title: Transfer and Vesting of the Bangalore Palace

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 this Act, no liability of legal representatives or heirs or others in relation to the Palace in respect of any period prior to the appointed day shall be enforceable against the State Government, or where the Palace is directed under section 7 to vest in the Board against the Board; (b) no award , decree or other order of any court, tribunal or other authority in relation to the Palace 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 Palace is directed under section 7 to vest in the Board, against the Board; (c) no liability incurred by the legal representatives or heirs or other persons 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 Palace is directed under section 7 to vest in the Board, against the Board. Section 7 - State Government to direct vesting of.....

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Bangalore Palace (Acquisition and Transfer) Act, 1996 Section 2

Title: Definition

State: Karnataka

Year: 1996

In this Act, unless the context otherwise requires,- (1) "appointed day" means the date appointed under sub-section (2) of section 1 of this Act; (2) "Bangalore Palace" means the Palace of Bangalore and all the vacant land attached thereto including the buildings, regalia, paintings, sculptures and all other pieces of art, whether moveable or immoveable and more fully described in Schedule I. (3) "Board" means the Board of Trustees constituted under section 22; (4) "Commissioner" means the Commissioner of payment appointed under section 13; (5) "legal representatives" and "heirs" means the legal representatives and heirs respectively of the late Sri Jayachamarajendra Wadeyar, former Maharaja of Mysore; (6) "others", "other persons" and "other interested persons" include transferees from Late Jayachamarajendra Wadeyar or from his "legal representatives" and "heirs", in relation to the Bangalore Palace; (7) "Schedule" means the Schedule to this Act; (8) "year" means the year commencing on the first day of April.

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Bangalore Palace (Acquisition and Transfer) Act, 1996 Chapter 1

Title: Preliminary

State: Karnataka

Year: 1996

.....and "heirs" means the legal representatives and heirs respectively of the late Sri Jayachamarajendra Wadeyar, former Maharaja of Mysore; (6) "others", "other persons" and "other interested persons" include transferees from Late Jayachamarajendra Wadeyar or from his "legal representatives" and "heirs", in relation to the Bangalore Palace; (7) "Schedule" means the Schedule to this Act; (8) "year" means the year commencing on the first day of April. Section 3 - Declaration In pursuance of Article 31C of the Constitution of India, it is hereby declared that the provisions of this Act are enacted for giving effect to the policy of the State towards securing the principles specified in clause (b) of Article 39 of the Constitution.

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Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 Section 24

Title: Powers and Duties of the Executive Officer and Other Officers

State: Karnataka

Year: 1996

.....act which is not provided for in the budget of the year and the immediate execution or the doing of which is, in his opinion necessary for the preservation of the properties of the Board and may direct that the expenses of executing such work or the doing of such act shall be paid from the Fund of the Board: Provided that the Executive Officer shall report forthwith to the Board any action taken by him under this sub-section and reasons therefor. (3) The Executive Officer may delegate any of the powers conferred or duties imposed on him by or under this Act to any officer appointed under section 23 to assist him, subject to such restriction and control as the Board may, by general or special order, lay down and also subject to such limitations and conditions, if any, as may be specified in the order of delegation. (4) The Board may delegate to the Executive officer such of its powers, duties or functions as may be prescribed.

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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 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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