SRI MALAI
MAHADESHWARASWAMY KSHETHRA DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2014 SRI MALAI MAHADESHWARASWAMY KSHETHRA DEVELOPMENT
AUTHORITY (AMENDMENT) ACT, 2014 [Act No. 36 of 2014] [02nd September, 2014] An Act to amend
Sri Malai Mahadeshwaraswamy Kshetra Development Authority Act, 2013. Whereas it is
expedient to amend Sri Malai Mahadeshwaraswamy Kshetra Development Authority
Act, 2013 (Karnataka Act 37 of 2013) for the purposes hereinafter appearing; Be it enacted by
the Karnataka State Legislature in the Sixty-fifth year of the Republic of
India as follows:- (1)
This Act may be called Sri Malai Mahadeshwaraswamy
Kshetra Development Authority (Amendment) Act, 2014. (2)
It shall come into force at once. In the Sri Malai
Mahadeshwaraswamy Kshetra Development Authority Act, 2013 (Karnataka Act 37 of
2013) (hereinafter referred to as the Principal Act), in section 3,- (i)
in sub-section (2), for the words "Malai
Mahadeshwara hills", the words "Malai Mahadeshwara hill" shall
be substituted; (ii)
In sub-section (4),- (a)
in clause (c), after the words "the Minister
incharge of the District" the words "Vice Chairman" shall be
inserted; (b)
for clause (f), the following shall be substituted,
namely:- "(f) Not more
than five members nominated by the State Government from among the leading
personalities having wide knowledge about the historical background and
mythology of Sri Malai Mahadeshwaraswamy Kshetra, out of whom at least one
shall belong to the Scheduled Castes or the Scheduled Tribes and one shall be a
women". (c)
in clause (h), the words "or his nominee" shall
be inserted, at the end; (d)
for clause (j), the following shall be substituted,
namely:- "(j) ?The Secretary to the
Government, Revenue Department (Muzarai) or his representative; (j-1) The Commissioner, Department of Religious and Charitable Endowment,
Bangalore; (j-2) The Chief Priest, Sri Malai Mahadeshwaraswamy Temple;" In section 6 of
the principal Act, in sub-section (1), for clause (c), the following shall be substituted,
namely:- "(c) ?he without informing the
Authority absents from three consecutive meetings of the Authority: Provided that,
this clause shall not apply to the ex-officio members; or" In section 8 of
the Principal Act, in sub-section (2),- (i) for the proviso to clause (a), the following shall be substituted, namely:- "Provided
that, a copy of every contract involving expenditure of rupees ten lakhs or
more shall be sent to the State Government"; and (ii) In clause (b), the following shall be inserted at the end, namely:- "A compliance
report shall be submitted to the State Government in this behalf." In Section 10 of
the principal Act,- (i) for sub-section (1), the following shall be substituted, namely:- "(1) The
State Government shall appoint an officer belonging to Senior Scale of the
Karnataka Administrative Services to be the Secretary of the Authority and
Executive Officer of the Endowment Department to be the Deputy Secretary of the
Authority". (ii) in sub-section (2), after the words "The Secretary", the words
"and other officers" shall be inserted. In section 12 of
the principal Act, in sub-section (1), for first proviso, the following shall
be substituted, namely:- "Provided
that, until the State Government frame rules, under this Act, the method of
recruitment and conditions of service of the employees including Archaks
working in Sri. Malai Mahadeshwaraswamy Temple of Malai Mahadeshwara Kshetra
Development authority shall be continued to be governed under the provisions of
the Hindu Religious and Charitable Endowments Act, 1997 (Karnataka Act 33 of
2001) and the rules made there under. In Section 14 of
the Principal Act,- (i)
in the proviso to sub-section (1), for the words
"twice" the words "four times" shall be substituted; and (ii)
in sub-section (2), for the words "Vice-Chairman
shall preside over the meeting" the words "If in a meeting both the
Vice-Chairman's are present the District incharge Minister shall preside over
the meeting" shall be substituted. In section 18 of
the Principal Act,- (i) for sub-section (1), the following shall be substituted, namely:- "(1)
Notwithstanding anything contained in any, custom, usage or the provisions of
any Law for the time being in force under which the Malai Mahadeshwaraswamy
Temple is governed or the provisions of the Karnataka Hindu Religious
institutions and charitable endowments Act, 1997 (Karnataka Act 33 of 2001),
the ownership, administration and complete management of movable and immovable
properties including jewellery and liabilities of the temple shall vest with
the State Government from the date of commencement of Sri Malai Mahadeshwaraswamy
Kshetra Development Authority (Amendment) Act, 2014 and shall be transferred to
the authority thereafter." (ii) for sub section (2) the following shall be substituted, namely:- "(2) Subject
to sub section (1) of Section 12 on and from the date of commencement of the
Sri Malai Mahadeshwaraswamy kshetra Development Authority (Amendment) Act, 2014
the Management of the employees of the Temple shall vest in the
Authority." In section 19 of
the Principal Act, in sub-section (2), for the words "for its
approval" the words "for information" shall be substituted. In section 24 of
the Principal Act, in sub-section (2), in clause (iii), for the proviso, the
following shall be substituted, namely:- "Provided
that the donations, Kanikes, Seva Fees and other offering made to God in Hundi
shall be credited to the fund of the Authority and out of which the net income
of that temple the authority shall contribute to the common pool fund created under
section 17 of the Karnataka Hindu Religious and Charitable Endowment Act, 1997
(Karnataka Act 33 of 2001) at such rate as specified in that section. In section 29 of
the Principal Act, after sub section (2), the following shall be inserted,
namely:- "(3) the
audit report and annual report of the authority shall be laid before both the
Houses of the State Legislature by the State Government. In section 38 of
the Principal Act, for the words "under section 38" the words
"under section 37" shall be substituted.
Preamble - SRI MALAI MAHADESHWARASWAMY KSHETHRA DEVELOPMENT AUTHORITY
(AMENDMENT) ACT, 2014PREAMBLE