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Urban Development Secretariat

NOTIFICATION

No. UDD 120 PRJ 2010 (P-5), Bangalore, Dated: 8^th October, 2010

The draft of the following rules which the Government of Karnataka proposes to make in exercise of powers

conferred by Section 24 of Mysore Tramways Act, 1906 (Mysore Act, II) is hereby published as required under Sub Section

(1) to (5) of Section 26 of Mysore Tramways Act, 1906, for the information of all persons likely to be affected thereby and

notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication

in the Official Gazette.

Any objection or suggestion which may be received by the State Government from any person in respect of a said

draft before the expiry of the period specified above will be considered by the State Government. The objections and

suggestions may be addressed to Principle Secretary to Government (Additional Chief Secretary as the case may be),

Urban Development Department, Vikas Soudha, Bangalore 01.

DRAFT RULES

THE BANGALORE METRO RAIL (CLAIMS PROCEDURE) RULES, 2010

In exercise of the powers conferred by Section. 24 of the Mysore Tramways Act, the State Government hereby

makes the following rules, namely:-

1. Short title and commencement.-

(1) These rules may be called the Bangalore Metro Rail (Claims Procedure) Rules, 2010.

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

2. Definitions.-

(1) In these rules, unless the context otherwise requires,-

(a) “Act" means the Mysore Tramways Act, 1906.

(b) “accident” means accident which is of the nature as defined/described under Rule 2 sub-rule 1 clause 1 of the

Bangalore Metro Rail Corporation General Rules 2010.

Commissioner and includes:

(1) The person who has sustained the injury or suffered any loss or;

(2) All or any of the dependants of the deceased where death has resulted from the accident; or

9758

(3) An agent duly authorized by the person injured or all or any of the dependants of the deceased, as the

case may be:

“Provided that where all the dependants of the deceased have not joined in any such application for the

compensation, the application shall be made on behalf of or for the benefit of all the dependants of the

deceased and the dependants who have not so joined shall be impleaded as respondents to the

application.

Explanation: For the purpose of this Section the word “dependant” shall have the same meaning as given

to it in (b) of Section. 123 of the Railways Act, 1989 (24 of 1989)

(d) "Claims Commissioner" means the Claims Commissioner appointed by the State Government by a notification for

the purpose of adjudicating upon claims for compensation in respect of accidents involving the death or bodily

injury to person or damage to any property arising out of the working Metro Rail.

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

(f) “legal practitioner” shall have the same meaning assigned under clause (i) of Section 2 of the Advocates Act, 1961

(25 of 1961);

(g) “legal representative” means a person who in law represents the estate of the deceased;

(h) “Schedule” means a Schedule appended to these Rules;

(i) “Section” means a section of the Act.

(2) All other words and expressions used herein but not defined shall have the same meanings respectively assigned

to them in the Act.

3. Qualifications for appointment as Claims Commissioner

A person in shall not be qualified for appointment as Claims Commissioner unless he is or has been a judicial

officer not less than the rank of a District and Sessions Judge for atleast 3 years.

4. Term of office

The Claims Commissioner shall hold office for such term as maybe specified by the State Government.

5. Resignation and Removal

1) The Claims Commissioner may, by notice in writing under hand address to the State Government, resign his

office.

2) The Claims Commissioner maybe removed from his office by an order of the State Government on the ground of

proved misbehavior or incapacity after an inquiry in which he had been informed of the charges against him and given a

reasonable opportunity of being heard in respect of those charges.

3) The procedure for investigation of misbehavior or incapacity of the Claims Commissioner referred to in seb-sec

(2) shall be such as maybe prescribed.

6. Salary and allowances and other conditions service of Claims Commissioner

The salary and allowances payable to, and the other terms and conditions of service of the Claims Commissioner

shall be such as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Claims

Commissioner shall be varied to his disadvantage after his appointment.

7. Procedure and powers of Claims Commissioner-

The Claims Commissioner shall have all the powers of a civil court for the purpose of taking evidence on oath,

enforcing attendance of witness and compelling the discovery of production of documents and material objects.

The Claims Commissioner shall be deemed to be a civil court for all the purpose of Section 195 and Chapter

XXVI of the Code of Criminal Procedure, 1973.

In enquiring into and determining any claims for payment of compensation may, the Claims Commissioner may,

subject to any rules that may be made in this behalf, follow such summary procedure as he may deem fit.

Subject to any that may be made in this behalf, the Claims Commissioner may, for the purpose of determining

any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to

the enquiry, to assist him in holding the enquiry.

9759

The Claims Commissioner shall have powers to pass such interim and final order as the circumstance may

require, including orders for payment of costs.

8. Procedure for filing applications. –

1) The application for payment of compensation in respect of accidents involving death of, or bodily injury to person

or damage to any property arising out of the working of the Metro Rail to the Claims Commissioner shall be

presented in the form given in the Annexure either by the applicant in person or by his duly authorized person.

2) An application referred to in sub-rule (1) may also be sent by registered post to Claims Commissioner.

3) The application under sub-rule (1) or sub-rule (2) shall be presented in duplicate.

4) Every application shall be typed legibly in double space on one side of paper of good quality.

9. Scrutiny of application.-

The Claims Commissioner or the staff authorised by him shall endorse on every application the date on which it

is represented or received through post under rule 3 and sign the endorsement.

If the application on scrutiny is found to be in order, it shall be registered and given a serial number.

If the application on scrutiny is found to be defective and the defect noticed is formal in nature, the Claims

Commissioner may allow the applicant, to rectify the same in his presence and if the defect is not formal in

nature, the Claims Commissioner or the staff authorized by him may allow the applicant such time to rectify the

defect as he may deem fit.

If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Claims Commissioner

may, by order and for reasons to be recorded in writing, reject to register the application and notify the applicant

accordingly.

10. Decisions of the claims commissioner -

(1) Any question as to the liability of Metro Rail administration to pay compensation or as to the person to whom

such compensation is payable, shall be determined by an order of the claims commissioner;

(2) Every order made under sub section (1) shall be final.

11. Saving as to certain rights

(1) Notwithstanding in any other law for the time being in force, where the death of or bodily injury to any person

gives rise to a claim for compensation under this Act and also under any other law in force, the person entitled to

compensation may claim such compensation only once either under this Act or under any other law in force.

(2) Nothing in sub section (1) shall affect the right of any person to claim compensation payable under any contract

or scheme providing for compensation for death or personal injury or any sum payable under any policy of

insurance.

12. Notice to Metro Rail Administration.-

The Claims Commissioner shall issue notice to Metro Rail Administration to show cause against the application

on a date of hearing to be specified therein. Such notice shall be accompanied by a copy of the application.

If the representative of Metro Rail Administration does not appear on the date specified in the notice, or appears

and admits the claim, the Claims Commissioner shall forthwith proceed to dispose off the application.

If the Metro Rail Administration contests the claim, it may file a reply along with copies of such document on

which it relies on or before the date of hearing and such reply and copies of the document shall form part of the

record.

13. Filing of an Affidavit.-

The Claims Commissioner may direct the parties to give evidence, if any, by affidavit.

Notwithstanding anything contained in sub-rule (1) where the Claims Commissioner if considers necessary for

just decision of the case, he may order cross-examination of any deponent.

14. Filing of reply and other documents by the respondents.-

Metro Rail Administration may file its reply to the application and copies of the documents on or before the date

of hearing of the application.

In reply filed under sub-rule (1), the Metro Rail Administration shall specifically admit, deny or explain the facts

stated in the application and state additional facts necessary in its reply and may also request the Claims

9760

Commissioner to summon any document which is in possession of any other person or Authority and to give

evidence in that regard.

15. Summary disposal of application.-

The Claims Commissioner may, after considering the application, summarily dismiss the application, for the

reasons to be recorded in writing and he is of the opinion that there are no sufficient grounds for proceeding

therewith.

16. Ex-parte hearing and disposal of application.-

Where on the date fixed for hearing the application or any other date to which such hearing may be adjourned,

the applicant appears and the representative of Metro Rail Administration does not appear, the Claims

Commissioner may, at his discretion adjourn the hearing or hear and decide the application ex-parte.

Where an application has been heard ex-parte against the Metro Rail Administration, the latter may apply to the

Claims Commissioner for an order to set aside it and if the Metro Rail Administration satisfies the Claims

Commissioner that the notice was not duly served or that its representative was prevented by any sufficient

cause from appearing, the Claims Commissioner may make an order setting aside the ex-parte hearing upon

such terms as it thinks fit and shall appoint the day for proceeding with the application.

17. Disposal of application in default.-

Where on the date fixed for hearing the application or any other date to which such hearing may be adjourned,

the representative of Metro Rail Administration appears and the applicant does not appear, the Claims

Commissioner may, at his discretion adjourn the hearing or decide by passing an order on the application Ex-

parte or may dispose off the application by passing such other suitable order as the Claims Commissioner deems

fit under the circumstances.

Where an application has been heard and disposed off in the absence of the applicant, the latter may apply to the

Claims Commissioner for setting aside the order and if the applicant satisfies the Claims Commissioner that the

notice was not duly served or he was prevented by any sufficient cause from appearing, the Claims

Commissioner may make an order setting aside the dismissal in default or any such order upon such terms as

he thinks fit and shall appoint the day the proceeding with the application.

18. Powers of Claims Commissioner.-

The Claims Commissioner shall have, for the purposes of discharging his functions under the Act, the same

powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the

following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public

record or document or copy of such record or document from any office;

(e) issuing commissions for the examination of witness or documents;

(f) reviewing his decisions;

(g) dismissing an application for default or passing an order ex-parte; and

(h) setting aside any order of dismissal of any application for default or any order passed by him ex-parte.

19. Summoning of witnesses and method of recording evidence.-

1) If an application is presented by any party to the proceedings for summoning of witnesses, the Claims

Commissioner shall issue summons for the appearance of such witnesses unless he considers that their

appearance is not necessary for the just decision of the case or he is of the opinion that securing the presence of

that witness is not practically possible or desirable.

2) The Claims Commissioner shall make a brief memorandum of substance of the evidence of every witness as the

examination of the witness proceeds and such memorandum shall form part of the record:

3) Provided that if the Claims Commissioner does not make such memorandum, he shall record the reasons for his

inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the

same, and such memorandum shall form part of the record.

9761

20. Decision of the Claims Commissioner.-The Claims Commissioner shall decide every application as

expeditiously as possible on perusal of documents, affidavits and other evidence, if any, and after hearing such oral

argument as may be advanced.

21. Order to be passed and signed.-

The Claims Commissioner, after hearing the applicant and the Metro Rail Administration, shall pass an order as

he thinks fit either at once or, as soon as thereafter as may be practicable or on the day if so fixed for that

purpose.

Every order of the Claims Commissioner shall be in writing and shall be signed by him and shall be pronounced

in open Court.

An order made by the Claims Commissioner shall be executed as a decree of civil court and the provisions of the

Code of Civil Procedure, 1908, so far may be, shall apply as they apply in respect of decree of a civil court.

22. Review of decision.-

Any person considering himself aggrieved by any order of the Claims Commissioner, on account of some mistake

or error apparent on the face of the record, or for any other sufficient reason, desires to obtain review of such

order, may apply for review of a final order not being an interlocutory order, to the Claims Commissioner within a

period of thirty days from the date of the order.

Where it appears to the Claims Commissioner that there is no sufficient ground for a review, he shall reject the

application.

Where the Claims Commissioner is of the opinion that the application for review should be granted, he shall

grant the same:

Provided that no such application shall be granted without previous notice to the Metro Rail Administration or to

enable it to appear and be heard in support of the order, a review of which is applied for.

23. Orders or directions by the Claims Commissioner.-The Claims Commissioner may pass such orders or give

such directions as may be necessary or expedient to give effect to his orders or to prevent abuse of the process or

to secure the ends of justice.

24. Inherent powers of the Claims Commissioner.- Nothing in these rules shall be deemed to limit or otherwise

affect the inherent powers of the Claim Commissioner to make such orders as may be necessary for the ends of

justice or to prevent abuse of the process of the office of the Claims Commissioner.

25. Association of experts. –

1) The Claims Commissioner may, for the purpose of determining any claim for compensation choose one or more

experts possessing any knowledge of any matter relevant to the inquiry.

2) Compensation, if any, to be paid to the persons associated with the inquiry, as per sub-rule (1) shall be

determined by the Claims Commissioner and paid by Metro Rail Administration.

26. Amount of compensations.-

The amount of compensation payable in respect of death or injuries, shall be as specified in the Schedule.

The amount of compensation payable for an injury not specified in Part II or Part III of the Schedule but which, in

the opinion of the Claims Commissioner, is such as to deprive a person of all his capacity to do any kind of work,

shall be Rs. 4 lakhs (four lakh rupees).

The amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or

referred to in sub-rule(2) resulting in pain and suffering, shall be such as the Claims Commissioner may, after

taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable:

Provided that if more than one injury is caused by the same accident, compensation shall be payable in respect

of each such injury:

Provided further that the total compensation in respect of all such injuries shall not exceed Rs.80,000 (eighty

thousand rupees).

4) Where compensation has been paid for any injury which is less than the amount which would have been payable

as compensation if the injured person has died or the person subsequently dies of the injury, a further

compensation equal to difference between the amount payable for death or amount already paid, shall become

payable.

5) Compensation for loss, destruction or deterioration of goods being carried by the passenger as his personal

baggage, shall be paid to such an extent as the Claims Commissioner may in all circumstances of the case,

determine to be reasonable.

9762

27. Limit of compensation.- Notwithstanding anything contained in rule 19, the total compensation payable under

that rule shall in no case exceed Rs. 4 lakhs (four lakh rupees) in respect of any one person.

SCHEDULE

(See rule 19)

COMPENSATION PAYABLE FOR DEATH AND INJURIES

PART I

Amount of

Compensation

(in Rs.)

For death

4,00,000

PART II

(1)

For loss of both hands or amputation at higher sites

4,00,000

(2)

For loss of hand and a foot

4,00,000

(3)

For double amputation through leg or thigh or amputation through leg or thigh on one side and loss

of other foot

4,00,000

(4)

For loss of sight to such an extent as to render the claimant unable to perform any work for which

eye sight is essential

4,00,000

(5)

For very severe facial disfigurement

4,00,000

(6)

For absolute deafness

4,00,000

PART III

(1)

For amputation through shoulder joint

3,60,000

(2)

For amputation below shoulder with stump less than 8” from tip of acromion

3,20,000

(3)

For amputation from 8” from tip of acromion to less than 4 ½” below tip of olecranon

2,80,000

(4)

For loss of a hand or the thumb and four fingers of one hand or amputation from 4 ½” below space

tip of olecranon

2,40,000

(5)

For loss of thumb

1,20,000

(6)

For loss of thumb and its metacarpal bone

1,60,000

(7)

For loss of four fingers of one hand

2,00,000

(8)

For loss of three fingers of one hand

1,20,000

(9)

For loss of two fingers of one hand

80,000

(10) For loss of terminal phalanx of thumb

80,000

(11) For amputation of both feet resulting in end-bearing stumps

3,60,000

(12) For amputation through both feet proximal to the metatarsophalangeal joint

3,20,000

(13) For loss of all toes of both feet through the metatarsophalangeal joint

1,60,000

(14) For loss of all toes of both feet proximal to the proximal interphalangeal joint

1,20,000

(15) For loss of all toes of both feet distal to the proximal interphalangeal joint

80,000

(16) For amputation at hip

3,60,000

(17) For amputation below hip with stump not exceeding 5” in length measured from tip of great

trenchanter but not beyond middle thigh

3,20,000

(18) For amputation below hip with stump exceeding 5" in length measured from tip of great

trenchanter but. not beyond middle thigh

2,80,000

(19) For amputation below middle thigh to 3\6" below knee

2,40,000

9763

(20) For amputation below knee with stump exceeding 3\6" but not exceeding 5"

2,00,000

(21) Fracture of Spine with paraplegia

2,00,000

(22) For amputation below knee with stump exceeding 5"

1,60,000

(23) From loss of one eye without 'complications the other being normal.

1,60,000

(24) For amputation of one foot resulting in end-bearing

1,20,000

(25) For amputation through one foot proximal to metatarsophalangeal joint

1,20,000

(26) Fracture of Spine without paraplegia

1,20,000

(27) For loss of vision of one eye without complication of disfigurement of eye ball, the other being

normal

1,20,000

(28) For loss of all toes of one foot through the metatarsophalangeal joint

80,000

(29) Fracture of Hip -joint

80,000

(30) Fracture, of Major Bone-Femur, Tibia of both limbs

80,000

(31) Fracture of Major Bone-Humerus, Radius of both limbs

60,000

(32) Fracture of Pelvis not involving joint

40,000

(33) Fracture of Major Bone – Femur, Tibia of one limb

40,000

(34) Fracture of Major Bone-Humerus, Radius and Ulna of one limb

32,000

ANNEXURE

FORM

(See rule 3)

Application under section 58 of the Metro Rail (Operation, and Maintenance) Act, 2002 as amended by Metro Rail

(Amendment) Act, 2009 for claims for compensation in respect of death or injury of passengers or destruction or damage

to the goods being carried by them as their personal baggage.

PART I

Date of the Case :

Time of the Case:

PART II

Sl. No.

Description of documents attached

Page No.

Signature of the Applicant

For use in Claims Commissioner's Office

Date of filing

Date of Receipt by post

Registration No.

9764

PART III

In the Office of the Claims Commissioner Between

.......................Applicant

and

Metro Rail Administration

1. Particulars of the applicant:

Name and address

2. Value of claim ____

(i) Facts of the case:

Give here a concise statement of facts in chronological order, each paragraph containing, as nearly as

possible, a separate issue, fact or otherwise)

(ii) (a) Nature of relief sought

(b) Ground of relief.

4. (i) Matters not previously filed or pending with any other Court.

(State whether the applicant had previously filed any claim, writ petition or suit regarding the matter in

respect of which the present application has been made)

(ii) In case the applicants had previously filed any claims, application, writ petition of suit, indicate the stage

at which it is pending, and if decided, attached a certified copy of the order.

5. List of enclosures.

Verification

I, __________________________________ (Name of the applicant) S/o, D/o, W/o _________________________Age

_________________resident of _________________do hereby verify that the contents of paragraphs _________________ to

_________________are true to my personal knowledge, and paragraphs _________________to _________________are believed to

be true to the best of knowledge, or the legal advice given to me, and that I have not suppressed any material fact.

Date: _________________

Signature of the applicant

Place: ________________

Full Address

By order and in the name of Governor of Karnataka,

KOUSALYA

Under Secretary to Government

Urban Development Department

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£ÀA. 1055

Urban Development Secretariat

NOTIFICATION

No. UDD 120 PRJ 2010 (P-6), Bangalore, Dated: 8^th October, 2010

The draft of the following rules which the Government of Karnataka proposes to make in exercise of8 powers

conferred by Section 24 of Mysore Tramways Act, 1906 (Mysore Act, II) is hereby published as required under Sub Section

(1) to (5) of Section 26 of Mysore Tramways Act, 1906, for the information of all persons likely to be affected thereby and

9765

notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication

in the Official Gazette.

Any objection or suggestion which may be received by the State Government from any person in respect of a said

draft before the expiry of the period specified above will be considered by the State Government. The objections and

suggestions may be addressed to Principal Secretary to Government (Additional Chief Secretary as the case may be),

Urban Development Department, Vikas Soudha, Bangalore 01.

DRAFT RULES

THE BANGALORE METRO RAIL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOR OR INCAPACITY

OF THE CLAIMS COMMISSIONER) RULES, 2010

In exercise of the powers conferred by Section 24 of Mysore Tramways Act, 1906, the State Government hereby

makes the following rules, namely:-

1. Short title and commencement.-(l) These rules may be called the Bangalore Metro Rail (Procedure for Investigation

of Misbehavior or Incapacity of the Claims Commissioner) Rules, 2010.

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

2. Definitions.-

(l)

In these rules, unless the context otherwise requires,-

(a)

“Act” means the Mysore Tramways Act, 1906

(b)

"Claims Commissioner" means the Claims Commissioner appointed by the State Government

by a notification for the purpose of adjudicating upon claims for compensation in respect of

accidents involving the death or bodily injury to person or damage to any property arising out

of the working Metro Rail.

(c)

"Section" means a section of the Act;

(d)

"Judge" means the Judge of the High Court appointed for conducting the inquiry under sub-

rule (3) of rule 3.

(2)

All other words and expressions used herein but not defined shall have the same meaning respectively

assigned to them in the Act.

3. Committee for investigation of complaints.-(l) The State Government, on receipt of a complaint alleging any definite

charge of misbehaviour in respect of or incapacity to perform the functions of the office in respect of Claims

Commissioner, shall make a preliminary scrutiny of such complaint.

(2) If, on preliminary scrutiny, the State Government considers it necessary to investigate into the allegation, it shall

place the complaint together with supporting material as may be available before a Committee consisting of the

following persons to investigate the charges of allegations made in the complaint:-

(i)

Chief Secretary - Chairman

(ii)

Secretary, Ministry of Urban Development - Member

(iii)

Secretary, Department of Law and Human Rights - Member

(3) The Committee shall device its own procedure and method of investigation which may include recording of evidence

of the complainant and collection of material relevant to the inquiry which may be conducted by a Judge of the High

Court under these rules.

(4) The Committee shall submit its findings to the State Government as early as possible within, a period that may be

specified by the State Government in this behalf.

4. Judge to conduct inquiry.-(l) If State Government is of the opinion that there are reasonable grounds for making an

inquiry into the truth of any imputation of misbehaviour or incapacity of Claims Commissioner, it shall appoint Judge

9766

of the High Court of Karnataka to conduct the inquiry.

(2) The State Government shall by order appoint the Judge of the High Court of Karnataka (hereinafter referred to as

Judge) for the purpose of conducting the inquiry.

(3) Notice of appointment of a Judge under sub-rule (2) shall be given to the Claims Commissioner.

(4) The State Government shall forward to the Judge a copy of-

(a)

the Articles of charges against the Claims Commissioner concerned and the statement of imputation;

(b)

the statement of witnesses, if any; and

(5) The Judge shall complete the inquiry within such time or further time as may be specified by the State

Government.

(6) The Claims Commissioner concerned shall be given a reasonable opportunity of presenting a written statement of

defence within such time as may specified in this behalf by the Judge.

(7) Where it is alleged that the Claims Commissioner is unable to discharge the duties of his office efficiently due to

any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of -

the Claims Commissioner by such Medical Board as may be appointed for the purpose by State Government and the

Claims Commissioner concerned shall submit himself to such medical examination within the time specified in this

behalf by the Judge.

(8) The Medical Board shall undertake such medical examination of the Claims Commissioner as may be considered

necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Claims

Commissioner unfit to continue in office.

(9) If the Claims Commissioner refuses to undergo such medical examination as considered necessary by the Medical

Board, the Board shall submit a report to the Judge stating therein the examination which the Claims Commissioner

has refused to undergo and the Judge shall on receipt of such report presume that the Claims Commissioner suffers

from such physical or mental incapacity as is alleged in the complaint.

(10) The Judge may, after considering the written statement of the Claims Commissioner and the Medical Report if

any, amend the charges referred to in clause (a) to sub-rule (4) and in such a case the Claims Commissioner shall be

given a reasonable opportunity of presenting a fresh written statement of defence.

(11) The State Government shall appoint an officer of that Government or any Advocate to present the case against the

Claims Commissioner, who shall be the presenting officer.

(12) Where the State Government has appointed an advocate to present its case before the Judge, the Claims

Commissioner shall also be allowed to present his case by an Advocate chosen by him, or an employee of the

Government or a retired employee of the Government as the case may be.

5. Inquiry Report.- After the conclusion of the investigation, the Judge shall submit his report to the State Government

stating therein his findings and the reasons thereof· on each of the articles of charge separately with such

observations on the whole case as he thinks fit.

6. Provisions of Civil Procedure Code not binding.-The Judge, while conducting an inquiry under Rule 4, shall not be

bound by the procedure laid down by the Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of

natural justice and shall have power to regulate his own procedure including the fixing of places and times of his

enquiry.

9767

7. Suspension of Claims' Commissioner.- Notwithstanding anything contained in Rule 4 and without prejudice to any

action being taken in accordance with the said rule, the State Government, keeping in view the gravity of charges may

suspend the Claims Commissioner against whom a complaint is under investigation or inquiry.

8. Subsistence allowance.-The payment of subsistence allowance to Claims Commissioner under suspension shall be

regulated in accordance with the rules and orders for the time being applicable to an officer of the Government of

Karnataka drawing an equivalent pay.

By order and in the name of Governor of Karnataka,

KOUSALYA

Under Secretary to Government

Urban Development Department

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KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT

NOTIFICATION

No. KLAS/LGA/07/ADJ/2009, Dated: 11th October, 2010

The Meeting of the Seventh Session of the Thirteenth Legislative Assembly, which met on Monday,

the 11^th October, 2010 adjourned sine-die on the same day.

S.B.PATIL

Secretary

Karnataka Legislative Assembly

«±ÉÃµÀ ¥ÀwæPÉ

¨sÁUÀ – V ¨ÉAUÀ¼ÀÆgÀÄ, ªÀÄAUÀ¼ÀªÁgÀ, CPÉÆÖÃ§gï 12, 2010 (D±ÀéAiÀÄÄd 20, ±ÀPÀ ªÀµÀð 1932) £ÀA. 1057

COMMERCE & INDUSTRIES SECRETARIAT

NOTIFICATION

No. CI.29:MMM.2010, Bangalore, Date: 12.10.2010

The applications are invited from mining public for grant of Reconnaissance Permit in the virgin area mentioned

below, as per the provisions under 1^st proviso to Section 11(2) of MM(D&R)Act, 1957:-

SCHEDULE OF THE AREA FOR GRANT:-

Sl.

No.

Mineral

Extent

Location

Diamond, Gold, Silver, Copper and

associated Minerals

348-00 Sq.Kms.

Manvi taluk of Raichur District.

9768

The application for grant of Reconnaissance Permit shall be received by the Director of Mines and Geology,

No.49, “Khanija Bhavan”, D.Devaraj Urs Road, Bangalore.1. The sketch of the area is available for inspection at the office

of the Director, Department of Mines and Geology, Khanija Bhavan, D.Devaraj Urs Road, Bangalore.1, during working

hours on all working days.

The starting date for filing Reconnaissance Permit application shall be first day after completion of 30 days from

the date of publication of the Notification in the Official Gazette. The closing date/end date for filing Reconnaissance

Permit application shall be 30^th day from the starting date. If the last date for filing Reconnaissance Permit applications

happens to be a Public Holiday or General Holiday, applications will be received on the next working day.

The applicants should note that the availability of the area published herein is subject to the clearance from the

Revenue Department for mining activities and compliance of the MM(D&R)Act, 1957 and the Mineral Concession Rules,

1960 and all other relevant Acts and Rules by the applicants. In case, the area is found to consist of Forest lands, the

clearance from the Forest Department under Section (2) of the Forest Conservation Act, 1980, for utilizing the area for

non-forest activities should be obtained by the applicants.

Interested persons are advised to inspect the area and satisfy themselves about the availability of mineral

deposits and the present status of the land there in, before making application for Reconnaissance Permit.

The applications pending over this area before issue of this notification will be considered along with other

applications will be received in pursuant to this notification.

BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA

CHANNEGOWDA,

Under Secretary to Government (Mines)

Commerce & Industries Department.

«±ÉÃµÀ ¥ÀwæPÉ

¨sÁUÀ – V

¨ÉAUÀ¼ÀÆgÀÄ, ªÀÄAUÀ¼ÀªÁgÀ, CPÉÆÖÃ§gï 12, 2010 (D±ÀéAiÀÄÄd 20, ±ÀPÀ ªÀµÀð 1932)

£ÀA. 1058

COMMERCE & INDUSTRIES SECRETARIAT

NOTIFICATION

No. CI.26:MMM.2010, Bangalore, Date: 12.10.2010

The applications are invited from mining public for grant of Reconnaissance Permit in the virgin area mentioned

below, as per the provisions under 1^st proviso to Section 11(2) of MM(D&R)Act, 1957:-

SCHEDULE OF THE AREA FOR GRANT:-

Sl.

No.

Mineral

Extent

Location

Diamond, Gold, Silver, Copper and associated

Minerals

573-00 Sq.Kms.

Manvi and Raichur taluks of

Raichur District.