Rule, 2011

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

KANNADA, CULTURE AND INFORMATION SECRETARIAT

NOTIFICATION

No: KCIT 66 KMU 2009, Bangalore, Dated: 21.05.2011 Whereas, The draft of the Hampi World Heritage Area Management Authority Rules 2010, which the Government of Karnataka proposes to make in exercise of the powers conferred by sub- section(1) of section 33 of the Hampi World Heritage Area Management Authority Act, 2002 (Karnataka Act 18 of 2003) was published as required by sub section (1) of section 33 of the said Act vide Notification No KCIT 66 KMU 2009 dated 09.12.2010 in part IV-A of Karnataka Gazette Extra-ordinary dated 06.01.2011 inviting objections and suggestions from persons likely to be affected thereby within 15 days from the date of publication of Draft in the official Gazette;

Whereas, the said Gazette was made available to the public on 06.01.2011; And, whereas no objections and suggestions have been received by the State Government;

Now, therefore in exercise of powers conferred by sub section (1) of section 33 of Hampi World Heritage Area Management Authority Act, 2002 (Karnataka Act 18 of 2003), the Government of Karnataka makes the following rules namely:-

RULES

CHAPTER I

PRELIMINARY

1. Title and commencement.- (1) These rules may be called the Hampi World Heritage Area Management Authority Rules, 2010.

(2) They shall come into force from the date of their publication in Official Gazette.

2. Definitions.- In these rules, unless the context otherwise requires,-

(i) “Act” means the Hampi World Heritage Area Management Authority Act 2002 (Karnataka Act 18 of 2003);

(ii) “Form” means a form appended to these rules;

(iii) “Government” means the State Government of Karnataka;

(iv) “Section” means the Section of the Act.

(v) “ASI” means Archaeological survey of India,

(vi) “DAM” means Department of Archaeology and Museums, Government of Karnataka.

CHAPTER II

AUTHORITY SECURITY FORCE

3. Authority security force.- Authority security force shall assist the Authority, as far as the security matters are concerned mentioned in the Act and in these rules, under the superintendence and control of the Chairperson.

4. Duties of the Chief of the Authority security force.- It shall be the duty of the chief of the Authority Security Force to give immediate information to the Chairperson the reports of attempts to commit, any offence against the provisions of the Act, or Karnataka Town and Country Planning Act, (Karnataka Act 11 of 1963) or any rule or bye-laws made there under.

5. Powers and functions of the Authority security force.- It shall be duty of the Authority security force to,-

(1) Detect the commission of any offence or attempt to commit or conspiracy to commit offence and identification, investigation and prosecution of persons involved in such offence relating to,-

(a) Unauthorized occupation on any land belonging to the Authority including prevention of encroachments;

(b) Unauthorized construction of buildings and formation of layouts in the land belonging to the Authority;

(c) Buildings constructed in violation of the provisions of Zonal regulations or the plan approved by the Authority;

(d) Constructions which result in change of land use without prior approval of the authority within the Local planning area which is an offence under this Act and the following Acts, namely:-

(i) The Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963).

(ii) The Karnataka Municipalities Act, 1964 (Karnataka Act 22 of

(iii) The Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of

(iv) The Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of

(2) The Authority Security Force shall cause night patrolling around the monuments wherever necessary as decided by the Authority.

(3) The Security Force shall co-ordinate and cooperate with the Security division of the ASI, DAM, Local authority and also with the other departments concerned.

(4) The Chief of the Security Force shall be the officer declared as the competent officer under clause (a) of sub-section (2) of section 37 of the Act for action under the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

(5) The Authority Security Force shall assist the Authority in enforcing the decisions on security matters, taken from time to time.

(6) The Authority Security Force shall assist the Authority in maintaining the boundaries of the Local planning area.

(7) It shall be the duty of Chief of the Authority Security Force to send periodical statements or progress reports to the Authority.

(8) In order to achieve the purposes of the Act and these rules, the Chief of the Authority Security Force shall see that the security force is always on alert and its men and material are in good condition.

CHAPTER III

STATE LEVEL ADVISORY COMMITTEE

6. Notice of meeting.- (1)The meeting for the transaction of business of the State Level Advisory Committee shall be convened by the Chairperson or the Member Secretary with the express approval of the Chairperson.

(2) Seven clear day’s intimation specifying the date, time and venue of such meeting and the agenda of business to be transacted there at, shall be given to the concerned by the Member-Secretary.

Quorum.- For observance of quorum, if the number of members present at a meeting, happens to be less than one third (1/3) of the total number, the presiding authority shall, after waiting for 15 minutes, adjourn the meeting to such hour on the following or some other future day as he may reasonably fix, and a notice of such adjournment shall be given to the members concerned at the earliest, and the business which should have been brought before the original meeting had there been a quorum there at, shall be brought up before the adjourned meeting and may be disposed of at such meeting, even if there is no quorum.

7. Presiding Officer.- The Chairperson shall preside over every meeting. If for any reason the Chairperson, is unable to attend the meeting, the Co-Chairperson present at the meeting, shall preside over the meeting of the State Level Advisory Committee.

8. Participation.- No member of the Advisory Committee shall take part in the discussion of or vote on any matter in which he has directly or indirectly by himself or his partner and relatives, any share or interest.

9. Record of proceedings.- (1) Proceedings of the meeting of the state level Advisory Committee shall be recorded and after obtaining the approval of the Chairperson caused to be sent to the members concerned by the Member- Secretary within a fortnight’s time.

(2) If any member is not in agreement with the record of proceedings, or any part thereof, he shall communicate about the same within seven days to the Member – Secretary for being brought to the notice of the Chairperson and the decision thereon of the Chairperson shall be final.

10. Special meeting.- The Chairperson, if so necessary call for special or emergency meeting of the State Level Advisory committee by issuing three days notice. The provisions of rule 6 to 10 shall be followed when convened special or emergency meeting.

11. Information to Government.- The Member-Secretary shall place before the Government the information in regard to the record of proceedings and decisions thereto at the earliest opportunity.

12. Traveling Allowance and Daily Allowance.- The Co-opted members and the experts invited for the meeting under Sub-Sections (2) and (3) respectively of section 6 shall be eligible to draw TA and DA as per Annexure ‘A’ to the Karnataka Civil Service Rules at the prevailing rates.

CHAPTER IV

OTHER FUNCTIONS OF THE COMMISSIONER

13. Other functions of the commissioner.- In addition to the functions prescribed under sub-section (2) of section 8 of the Act, it shall be the duty of the Commissioner to perform the following functions, namely:-

(i) to convene the meetings of the Authority and conduct of the same and prepare minutes of the meetings and carry into effect the resolutions of the Authority;

Provided that if, in the opinion of the commissioner any resolution of the Authority contravenes any provision of the Act or any other law or any rule, notification, regulation or byelaw made or issued under the Act or any other law or any order passed by the Government or is prejudicial or detrimental to the interest of the Authority as well the heritage, he shall, within fifteen days of the passing of the resolution refer the matter to the Government for the 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.

(ii) to furnish to the Government a copy of the minutes or the proceedings of the meetings of the Authority and any return or other information which the Government may from time to time call for;

(iii) to carry out and execute such schemes and works as the Government may direct and incur necessary expenditure thereof;

(iv) to exercise supervision and control over the proceedings of all officers and employees of the Authority except the Authority security force in matters of executive administration and dispose of all questions relating to the service of such officers and servants and their pay, privileges and allowances;

(v) to keep and conduct the Authority’s correspondence;

(vi) to authenticate by his signature all permissions, orders, decisions, notices and other documents of the Authority and the orders of the Authority; and

(vii) to exercise supervision and control over the accounts and records of the Authority.

CHAPTER V

DUTIES OF PLANNING OFFICER

14. Duties of the Planning Officer.- Subject to the provisions of sub- section (2) of section 9, the duties of the Planning Officer, in accordance with the provision of the Act and the Rules, shall be ,-

(i) to assist the Authority in the task to prepare the Development Plan and the Site Management Plan for the Heritage Area;

(ii) to assist the Authority in formulation of Schemes that may be necessary for implementing the development plan for the Heritage Area.

(iii) to assist the Authority in securing and coordinating in execution of the development plan, other planning schemes and the development of the Heritage area in accordance with the said plan and schemes, approved by the Authority and the Government; and

(iv) to do such other acts and things related to planning and development, as may be entrusted by the Authority.

CHAPTER VI

DUTIES OF ACCOUNTS OFFICER

15. Duties of the Accounts Officer.- It shall be the duty of the Accounts Officer of the Authority,-

(i) to carry out maintenance of the Account of the Authority;

(ii) to prepare the Annual statement of Accounts and the Balance Sheet for submission to the Commissioner;

(iii) to perform such other duties related to finance that the Commissioner may assign in relation to the accounting and preparation of Budget of the Authority.

CHAPTER VII

OTHER FUNCTIONS OF THE AUTHORITY

16. Other functions of the Authority.- Subject to the provisions of the Act, the Authority shall perform the following functions, namely:-

(1) The Authority shall prepare the Site Management Plan or Master plan of conservation of the Heritage Area after taking into consideration all aspects, providing for comprehensive management of all Archaeological sites and monuments, objects and artifacts, rocks and water systems, wild life, vegetation and other environs within the Heritage Area; and take up steps and outline the method and procedure for the implementation of the Plan so prepared and to monitor its progress from time to time.

(2) The Authority shall take steps for conservation of the entire landscape with the whole of the natural and archaeological and cultural resources of the site together with the other environs with a view to conserve the same as well as enhance their natural manifestations within the archaeological parameters;

(3) The Authority shall cause the development of the landscape of the Heritage Area with a view to support the tourism by catering to the basic needs and by creating adequate facilities for the visitors and tourists and also with a view to take due care of the locals of the Heritage Area by providing them with the basic civic amenities and by covering their reasonable needs, with due regard to the archaeological parameters;

(4) The Authority shall coordinate with ASI in its activities and the DAM in the maintenance and up keep of the Archaeological sites, monuments within their respective jurisdictions;

CHAPTER VIII

ANNUAL BUDGET

17. Annual budget preparations by the Commissioner of the Authority.- The Commissioner of the Authority shall in the month of December of each year, prepare and submit to the Authority a Budget containing detailed estimates of income and expenditure of the Authority for the ensuing financial year commencing on the first day of April next following together with a complete account of the actual and expected receipts and expenditure for the financial year ending on the 31st day of March next following along with other details in such proforma as may be required by the Government.

18. Proceedings of Annual Budget.- (1) The Authority shall decide upon the appropriations, and the ways and means contained in the Budget of the year to commence on the first day of April next following. Three copies of the Budget as passed by the Authority shall be sent to the Government.

(2) In such Budget estimate, the Authority shall among other things,-

(a) make adequate and suitable provisions for such service as may be required for the fulfillment of the several duties imposed on the Authority by the Act and these Rules;

(b) provide for the payment, as they fall due of all installments of the principal and interest for which the Authority may be liable in respect of loans contracted by it;

(c) provide for the payment of all sums payable to the Government and other Government agencies.

(d) allow for a balance at the end of the said year of not less than such sum as may be required to meet the establishment charges for a period of three months.

CHAPTER IX

ANNUAL REPORT

19. Annual Report of the Authority.- (1) The Authority shall submit to the Government, its Annual Report for each financial year, before the 30th day of June of the succeeding year, in Form-I

(2) The Report shall include activities of the Authority, financial position, officers and staff, action taken on the matters referred to by the State Government, during the financial year.

(3) The report shall also include a summary of the proceedings of the State Level Advisory Committee.

CHAPTER X

BORROWALS

20. Power of Authority to borrow money.- (1) The Authority may, in pursuance of a resolution passed at a meeting, borrow by way of loan, debenture or otherwise, on the security of all or any of the fees and dues authorized by or under the Act, any sums of money which may be required,--

(a) for the construction of works,

(b) for the acquisition of lands and buildings, or

(c) to pay off any debt to the Government, or

(d) to repay a loan previously raised under the Act or any other law previously in force: Provided that,- [i) no loan shall be raised without the previous sanction of the Government, and [ii) the amount of the loan, the rate of interest and the terms including the date of floating, the time and method of repayment and other matters shall be subject to the approval of the Government.

(2) When any sum of money has been borrowed under sub-rule (1),-

(a) no portion thereof shall, without the previous sanction of the Government be applied to any purpose other than that for which it was borrowed;

(b) no portion of any sum of money borrowed under clause (a) of the sub-rule (1) shall be applied to the payment of salaries or allowances to the officers or servants of the Authority other than those exclusively employed for the construction of works of which the money was borrowed;

(c) every correction or alteration in accounts shall be made neatly in red ink (single line being drawn through the original entry and be corrected, and attested by the initials of the Accounts Officer. All corrections and alterations in books and vouchers shall likewise be attested. Erasures, whiteners shall be absolutely forbidden and no document with use of an erasure or whitener, unless duly attested, shall be accepted.

(d) All sums received in the office of the Authority or paid into any Major h d Minor head

(a) Allowance and fees to the Chairperson and (i) Allowances or fees to the Chairperson or members of the Authority. members

(b) Pay of establishment (i) Pay of Commissioner

(ii) Pay of establishment

(c) Allowances (i) Traveling Allowance

(d) Contingencies (i) Rent rates and taxes

(ii) Postage and Telegrams

(iii) Stationery

(iv) Books and Periodicals

(v) Electric & lighting charges

(vii) Printing charges

(viii) Furniture

(ix) Miscellaneous

(e) Law charges (i) Lawyers fees

(iii) Court fees

(f) Loans and Advances (i) Repayment of loans

(ii) Interest on loans

(iii) Loans and advances

(g) Other charges (i) Grants and Scholarships

(ii) Capital expenditure on loans and buildings

(iii) Maintenance and repairs

(iv) Purchase of securities, debentures stock or other valuables. Bank to the credit of the Authority shall be taken into account under the appropriate head and the entries shall be initialed by the Accounts Officer and the Commissioner of the Authority.

(3) In the preparation and control of any bills, travelling allowance bills and contingent bills, the rules contained in the State Financial Code and in the State Treasury Code shall apply.

(4) Postage stamps shall be purchased and issued for use in the Authority’s office. The charges for postage stamps shall be drawn on separate contingent bills.

(5) The expenditure shall be classified under the following major and minor heads:-

CHAPTER XI

ACCOUNTS AND AUDIT

21. Adoption of the Karnataka Financial Code 1958.- The Authority shall follow the provisions of the Karnataka Financial Code, 1958 and adopt and maintain such books and registers and forms prescribed, in addition to the ones mentioned in Form-2.

22. Audit.- Accounts of the Authority shall from time to time at the least once in every year be audited by the Controller of State Accounts and also by such other agency as the State Government may think fit.

23. Notice to Authority by the auditor.- (1) The auditor shall give to the Authority a notice of not less than two weeks earlier in writing of the date on which he proposes to commence the audit:

Provided that, notwithstanding anything contained in this rule, the auditor may, for special reasons which shall be recorded in writing, give shorter notice than two weeks or commence a special or detailed audit on the authority without giving notice.

(2) The Auditor or auditors shall, for the purposes of their duties shall, have access to all the accounts and other records of the ‘Authority’.

24. Form of auditors report.-The manner in which the accounts of the Authority are to be audited and the contents of the auditor’s report shall be as indicated in Form-3.

25. Audit Report to the Authority and the Government.- The Auditor, shall within three months after the completion of audit forward a copy of the Audit Report to the Authority, and to the State Government.

26. Publication of Accounts.- The audited annual accounts of receipts and expenditure shall be open to public inspection and with the approval of the State Government, shall be published in the State Official Gazette.

FORM- 1

(See Rule 20] Annual Administrative Report of the Hampi World Heritage Area Management Authority for the year …………………………..

(1) Administration,- [1) Constitution of the Authority.

[2) Names of the members of the Authority and their capacity. [3) Number of meetings conducted and reasons for not conducting such numbers of meetings as stipulated in Section 4 of the Act.

[4) Names of such members who were continuously absent in the meetings.

[5) Constitution of Committee and Sub-Committees of the Authority. [6) Meetings conducted by the Committees and Sub-Committees. [7) Officers and Staff of the Authority.

[8) Premises for the Authority, officers and staff.

[9) Furniture and stationery.

[10) Immovable property of the Authority.

[11) Motor vehicles, equipment, fixtures.

[12) Books, forms, Management of Records.

[13) Cash, precious materials, important Records and Files, their custody and protection.

(2) Budget and Schemes,- [1) Annual Receipts and Expenditure Name of the Works, Buildings, Schemes, Service.

Expenditure, Actual progress till the end of the last year Expenditure Current year [2) Reasons for slow progress, if any, of the work referred in item (1). [3) Revision of schemes, projects if any, reasons for the revisions.

[4) Defaulting agencies and departments, action taken on such agencies and departments.

[5) Present status of the Authority Fund,- [i] [a) Name of the Bank in which the Fund is deposited.

[b) Account number and nature of the Account.

[ii] Deposits and nature of the deposits.

[iii] Loans raised and its expenditure.

[iv] Grants, subventions, Contributions, Donations Gifts.

[6) Maintenance of Accounts and Audit and their stage.

[7) Misappropriation and loss of money, loss of property, encroachment of the property, theft if any during the financial year. Action taken and or recommended.

[8) Inspections of the projects, and schemes by the Commissioner, his officers or authorized agencies, notes on such inspections and actions taken by the executing agencies.

[9) Any other important matter with remarks.

[3) State Level Advisory Committee,-

1) Brief resume of the Meetings and record of meetings held by the State Level Advisory Committee during the year.

2) Brief resume of the Advice given by the State Level Advisory Committee to the Authority on important matters during the year.

3) Brief resume of the compliance with reference to the above. (See Rule 22)

1. Maintain of Accounts Books, Registers and Ledgers.- (1) The following registers shall be maintained in the Authority’s Office in connection with the Authority Fund,-

(a) A pay book.

(d) A demand, collection and balance register to watch the realization of contributions.

(e) Register showing the recoveries to be made.

(f) Register of demand and collections of rent or land revenue in respect of land and properties of the Authority.

(g) The miscellaneous receipt registers with receipt books and counter- foils.

(h) Register of Contingent charges.

(i) Stamp Register.

(j) Register of securities, stocks and debentures.

(k) The establishment and audit register.

(l) Stock Books showing receipts, issue and balance relating to:- Stationery and printed forms;

Furniture; and Cycles, typewriters, computers, water coolers, Air conditioners, tools, and plants and other stores

(m) Permanent advance accounts.

(n) Register of immovable properties

(o) Register of dead stock articles.

(2) In maintaining its accounts, the Authority shall observe the following procedures, namely:-

(a) The accounts shall be maintained separately for each financial year.

(b) All books of accounts and register shall be strongly bound.

(c) The pages of all account books shall be serially numbered and each page shall be stamped with the Authority’s seal.

(d) The pages of receipt books shall, before issue, be likewise stamped and the commissioner shall record on each book, before issue a certificate of the number of pages its contains.

Auditors Reports (See rule 25)

(1) In auditing the accounts of the Authority fund, the auditor shall verify the cash balance and state in the report whether the cash was readily forthcoming for verification.

(2) The auditor shall in the course of the audit, verify the debentures, share certificates, Government bonds and other securities and the bank pass books and report whether they were found correct.

(3) The auditor shall report, among other points arising in audit,-

(a) Whether the accounts and registers required to be maintained are kept properly;

(b) Whether the contributions and other receipts due to the Authority have been realized at the proper time and whether due steps have been taken to recover the sums overdue if not in which cases such action has not been taken;

(c) Whether all collections have been brought to account promptly;

(d) Whether any contribution has been remitted or reduced and if so, whether it was done with proper authority;

(e) Whether the expenditure incurred is in accordance with the sanctioned budget and if there are deviations from such budget, what are the deviations;

(f) Whether every item of expenditure has been sanctioned by the competent authority and is supported by a proper voucher;

(g) Whether there is any item of expenditure which in the opinion of the auditor, is prima facie extravagant; and

(h) Whether the money not required for immediate expenditure have all been deposited in banks and surplus funds have been properly invested.

(4) The auditor shall report any material impropriety or irregularity which he may observe in the expenditure in the collection of contributions due to the Authority or in the Accounts, and also all cases of loss or waste of money together with names of persons directly or indirectly responsible for the loss or waste.

(5) The auditor shall append to this report,-

(a) A statement of receipt and charges under the budget heads;

(b) A statement of income and expenditure;

(c) A consolidated statement of assets and liabilities;

(d) A statement of debentures, shares certificates, Government bonds and other securities; and

(e) A consolidated statement of demand, collections and balance of all items of revenue including contributions, amounts, etc, both arrears and current, outstanding, whether in cash or in kind.

(5) The auditor shall prepare an abstract of the audited accounts (receipts, charges and balance sheet) and submit three copies thereof along with the audit report.

By order and in the name of Governor of Karnataka, K.Sudhakar Shetty Deputy Secretary to Government Kannada, Culture and Information Departmen