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PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

No. DPAL 36 SHASANA 2012, Bangalore, Dated: 01.06.2012

The Karnataka Police (Amendment) Ordinance, 2012 promulgated by the Governor of Karnataka in the sixty-

third year of the Republic of India, be published as Karnataka Ordinance No. 2 of 2012 in the Karnataka Gazette for

general information.

KARNATAKA ORDINANCE NO. 2 OF 2012

THE KARNATAKA POLICE (AMENDMENT) ORDINANCE, 2012

(Promulgated by the Governor of Karnataka in the sixty-third year of the Republic of India and First published in the

Karnataka Gazette Extra-ordinary on the 1^st day of June, 2012)

An Ordinance further to amend the Karnataka Police Act, 1963.

Whereas both the Houses of the state legislature are not in session and His Excellency the Governor of

Karnataka is satisfied that the circumstances exist which render it necessary for him to take immediate action, further

to amend the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) for the purposes hereinafter appearing;

Now, therefore in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, His

Excellency the Governor of Karnataka is pleased to promulgate the following Ordinance, namely:-

1. Short title, extent and commencement.- (1) This Ordinance may be called the Karnataka Police

(Amendment) Ordinance, 2012.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette,

appoint.

2. Substitution of section 6.- In the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964) (hereinafter referred

to as the principal Act), for section 6, the following shall be substituted, namely:-

“6. Director General and Inspector General of Police.- (1) For the direction, control and supervision of the

Police service, the Government shall appoint a Director General and Inspector General of Police, who shall subject to

the control of the Government, exercise such powers and perform such functions and duties and shall have such

responsibilities and such authority as may be provided by or under this Act.

(2) The Director General and Inspector General of Police shall be selected by the State Government from amongst

the three senior most officers of the Police Department who have been empanelled for promotion to that rank by the

Union Public Service Commission on the basis of their length of service, very good record and range of experience for

heading the police force.

(3) The Director General and Inspector General of Police so appointed shall have a tenure of not less than two

years subject to superannuation:

Provided that the Government may transfer the Director General and Inspector General of Police before

completion of two years of his tenure, if he is,–

(a) convicted by a court of law in a criminal case or where charges have been framed against him by a court in a

case involving corruption or offences which amounts to moral turpitude; or

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(b) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the

Director General and Inspector General of police; or

(d) imposed punishment of dismissal, removal, or compulsory retirement from service or of reduction to a lower

post, awarded under the provisions of the All India Services (Discipline and Appeal) Rules, 1969 or any other relevant

rule; or

(e) under suspension from service; or

(f) when a prima-facie case of misconduct or gross negligence is established after a preliminary enquiry.

(4) The Government, may by notification, delegate such powers or give such directions as it deems necessary to

the Director General and Inspector General of Police who shall exercise the powers and discharge the functions so

entrusted to him by or under this Act.”

3. Insertion of new chapter IIA.- In the principal Act, after Chapter II and entries relating thereto, the following

new chapter shall be inserted, namely:-

“CHAPTER - IIA

ESTABLISHMENT OF STATE SECURITY COMMISSION, POLICE ESTABLISHMENT BOARD, STATE

POLICE COMPLAINT AUTHORITY AND DISTRICT POLICE COMPLAINT AUTHORITY

20A. The State Security Commission.- (1) The State Government may, by notification in the official

Gazette, establish a Commission to be called the State Security Commission for the purpose of exercising such

functions and discharging such duties as may be assigned to the Commission, by or under this Act.

(2) The State Security Commission shall consist of the following members, namely:-

(a) The Chief Minister

- Chairman

(b) The Home Minister

- Vice Chairman

in the Legislative Assembly

- Member

(d) A Retired judge of the High Court

nominated by the Chief justice of Karnataka

- Member

(e) Chief Secretary to Government

- Member

(f) Additional Chief Secretary/Principal Secretary,

in charge of Home Department

- Member

(g) Director General of Police

- Member Secretary

(3) The terms and conditions of appointment and allowance payable thereof to the retired judge shall be such as

may be prescribed.

(4) The functions of the Commission shall include,-

(a) laying down the broad policy guidelines for ensuring that the State Police always acts according to the laws of

the land and the constitution of India;

(b) laying down the broad principles and giving directions for the performance of the preventive tasks and service

oriented functions of the police;

placing before the State Legislature; and

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(d) any other functions as may be prescribed.

(5) The recommendations of the Commission shall be binding on the Government.

20B. Police Establishment Board.- (1) The State Government shall, by notification in the official Gazette, establish

a Police Establishment Board with the Director General and Inspector General of Police as Chairman and three senior

most police officers not below the rank of Additional Director General of Police working within the police department as

members. Additional Director General of Police (Administration) shall be the convener.

(2) The functions of the Police Establishment Board shall be as follows, namely:-

(a) Subject to the provisions of section 20F, it shall decide on transfers, postings, promotions and other service

related matters of officers of and below the rank of Deputy Superintendent of Police.

(b) It shall also make recommendation for promotion to the rank of Deputy Superintendents of Police after duly

verifying reservation and quota prescribed for direct recruitment and promotion. For this purpose a separate

prescribed by Government from time to time.

(c)

It shall make appropriate recommendations to the Government regarding postings and transfers of officers of

and above the rank of Additional Superintendent of Police.

(d) Generally review the functioning of the police force in the State.

(e)

Perform such other functions as may be prescribed.

(3) Subject to its control and directions, the Police Establishment Board may authorize the Superintendent of

Police to effect transfers of Group C and D officials within the district and the Inspector General of Police within the

Range.

(4) The Government may modify the decision of the Police Establishment Board in exceptional cases only after

recording its reasons for doing so. The Government shall give due weightage and shall normally accept the

recommendations made by the Board, regarding postings and transfers of officers of and above the rank of Additional

Superintendent of Police.

(5) The transfers decided and effected by the Police establishment Board shall be strictly in accordance with

section 20F and the general transfer guidelines issued by Government from time to time.

(6) The cases pertaining to transfer of Police officers or personnel on complaints shall be considered by the Police

Establishment Board and action taken in this regard shall be reported to Government.

(7) Copies of proceedings of the Police Establishment Board and the transfer orders issued thereon shall be sent

to Government forthwith.

20C. State Police Complaints Authority.- (1) The State Government shall, by notification in the official Gazette,

constitute the State Police Complaints Authority consisting of three persons, namely.-

(i) One shall be the Chairman selected from among the panel of three retired High Court Judges recommended

by the Chief Justice of High Court of Karnataka.

(ii) Among the two other members, one member shall be from among the retired Civil Service who shall be an

officer not below the rank of Principal Secretary to Government and the other member shall be from Civil Society. The

Civil Society member shall be chosen from amongst the panel of names recommended by the Lokayukta, who shall be a

person of repute who has rendered humanitarian service in the field of education, health, upliftment of the poor etc.

and had not aligned himself with any political party or ideological group.

(2) A person shall be disqualified for being appointed as member, if he,–

(a) has directly or indirectly associated himself with any Anti Social or Anti National group or body;

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(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State

Government, involves moral turpitude; or

(d) is of unsound mind and stands so declared by a competent court;

(e) has such other disqualifications as may be prescribed.

(3) Every member of the State Police Complaints Authority shall hold office for a period of three years.

(4) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of

the members of the State Police Complaints Authority shall be such as may be prescribed.

(5) The Government shall provide such number of staff as is necessary for assisting the functions of the State

Police Complaints Authority.

(6) The State Police Complaints Authority shall look into complaints against officers of the rank of

Superintendent of Police and above, including Additional Superintendent of Police, and take cognizance of allegations

of serious misconduct by the police officers which would include incidents involving death, grievous hurt or rape in

police custody.

(7) The State Police Complaints Authority shall inquire into allegations of serious misconduct against police

officers, as detailed below, either suo moto or on a complaint received from any of the following, namely:-

(a) a victim or any person on his behalf; or

(b) the National or the State Human Rights Commission; or

(d) any other source.

Explanation.- “Serious misconduct” for the purpose of this chapter shall mean any act or omission of a police

officer that leads to or amounts to,-

(a) death in police custody; or

(b) grievous hurt, as defined in section 320 of the Indian Penal Code, 1860 ; or

(c)

rape or attempt to commit rape; or

(d) arrest or detention without due process of law.

Explanation.- “Misconduct” in this context shall mean any willful breach or neglect by a police officer of any

law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding

“serious misconduct” as defined in sub-section (7).

(8) In the cases suo moto inquired by the State police Complaints Authority, it may, issue notice to Director

General and Inspector General of Police and direct him to file his views on the complaint during the enquiry. The State

Police Complaints Authority may take into account the views and facts furnished by the Director General and Inspector

General of Police that may have a material bearing on the cases.

(9) On completion of the enquiry, if the allegations are proved partly or fully, the State Police Complaints

Authority shall forward its report to the disciplinary authority for appropriate action against the accused officers.

(10) The State Police Complaints authority shall also supervise, monitor and control the functioning of District

Police Complaints Authorities. It shall compile Annual Report of the functioning of State Police Complaints Authority

and District Police Complaints Authorities and submit to the Government. The annual report shall contain,-

(a) the numbers and types of cases of “serious misconduct” and “misconduct” considered by the State Police

Complaints Authority during the year;

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(b) the number and types of cases of “serious misconduct” referred to it by the complainants upon being

dissatisfied by the departmental inquiry into his complaint;

further action;

(d) such other related Administrative and financial matters as may be prescribed.

20D. District Police Complaints Authority.- (1) The Government shall in consultation with State Police

Complaints Authority, by notification in the official Gazette, constitute the District Police Complaints Authority under

the chairmanship of the Regional Commissioner of the Region and two other members, one from the retired Civil

Service and the other from the Civil Society. The member of retired Civil Service shall be an officer not below the rank

of Joint Secretary to Government and the other member shall be from the Civil Society. The Civil Society member shall

be chosen from amongst the panel of names recommended by the Lokayukta, who shall be a person of repute who has

rendered humanitarian service in the field of education, Health, upliftment of the poor etc. and had not aligned himself

with any political party or ideological group.

(2) A person shall be disqualified for being appointed as member if he,–

(a) has directly or indirectly associated himself with any Anti Social or Anti National group or body;

(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State

Government, involves moral turpitude; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) has such other disqualifications as may be prescribed by the State Government.

(3) Every member of the District Police Complaints Authority other than the ex-officio member shall hold office for

a period of three years.

(4) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of

the members of the District police Complaints Authority shall be such as may be prescribed.

(5) It shall be the duty of the district police complaints authority to ensure that all its members and their staff are

regularly trained, interalia about,-

(a) technical and legal issues related to departmental inquiries;

(b) specific forms of human rights violation; and

(6) Necessary staff required for the functioning of the District Police Complaints Authority may be provided by

Government.

(7) The District Police Complaints Authority shall look into complaints against police officers of and below the

rank of Deputy Superintendent of Police and take cognizance of allegations of serious misconduct by the police officers,

which would include incidents involving death, grievous hurt or rape in police custody.

(8) The District Police Complaints Authority shall,-

(a) have the power to enquire into misconduct or abuse of power by or against police officers of and below the

rank of Deputy Superintendent of Police. The Authority shall have the power to investigate any case itself or

ask any other agency to investigate and submit a report. The District Police Complaints Authorities shall

submit its report to the competent disciplinary authority for appropriate action against the accused officers;

(b) if the complaint contains allegations against any police officer of or above the rank of Deputy Superintendent

of Police the District Police Complaints Authority, shall forward the same to the State Complaints Authority,

for further action;

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Authority for further action;

(9) Each District police Complaints Authority shall prepare and submit to the State police complaints Authority

an annual report before the end of each calendar year, inter alia, containing,-

(a) the numbers and types of cases of “serious misconduct” and “misconduct” forwarded by it to the State Police

Complaints Authority during the year;

(b) the number and types of cases of “misconduct” referred to it by the complainants upon being dissatisfied by

the departmental inquiry into his complaint;

the police for further action;

(d) such other related administrative and financial matters as may be prescribed.

20E. Powers of the State Police Complaints Authority and District Police Complaints Authority.- The State

Police Complaints Authority and District Police Complaints Authority shall, while investigating any matter under this

Act, have all the powers of a civil court in trying a suit and in particular, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person from any part of the State and examining him on

oath;

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy there of from any court or office;

(e) issuing Commissions for the examination of witnesses and documents; and

(f) any other matter which may be prescribed.”

20F. Tenure of officers incharge of police stations, circle, sub-division, district and range - (1) Subject to

superannuation, the officers who are in operational duties and incharge of Police station, Circle, Sub-division may have

a minimum tenure of one year.

Provided that any such officer may be transferred by the Police Establishment Board or by the Government in

consultation with the Police Establishment Board, from his post before the expiry of the above minimum tenure

consequent upon,-

(a) promotion to a higher post; or

(b) on conviction, or charges having been framed by a court of Law in a criminal offence;

(c)

imposition of punishment of dismissal, removal, discharge or compulsory retirement from service or of

reduction to a lower rank awarded under the relevant discipline and Appeal Rules; or

(d) suspension from the Service in accordance with the provisions of the said rules;

(e)

incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and

duties; or

(f)

the need to fill up a vacancy caused by promotion, transfer, or retirement; or

(g)

on request of the officer concerned in writing.

Provided further that the Government may, after consultation with the Police Establishment Board, may

transfer an officer before the expiry of his tenure on account of misconduct or gross negligence or an act of moral

turpitude.

(2) Subject to superannuation, the Inspector General of Police in charge of Range or Superintendent of Police in

charge of a District including Additional Superintendent of Police who are on operational duties in the field shall have a

minimum tenure of one year.

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Provided that the Government may transfer an officer of the above category within a period of one year for

reasons of gross misconduct or negligence or an act of moral turpitude or under circumstances enumerated in the

proviso to sub-section(1).

20G. Units in a Police station.- (1) The Police station shall be headed by a Station House officer not below the

rank of an Inspector of Police or Sub-inspector of Police as the Government may by order determine.

(2) In each police station there shall be two units namely,-

(a) one exclusively dealing with crime investigation consisting of such number of police officers as Director

General of Police may by order determine to deal with detection and investigation of crime; and

(b) another unit dealing with Law and Order consisting of such number of police officers as may be determined

by the Director General of Police by order, for the purpose of maintenance of Law and Order, traffic and

prevention of crimes.

Provided that in any Police Station where the average annual number of crimes registered exceeds such

number as prescribed, there shall be two Police Sub-Inspectors or Inspectors of Police, as the case may be one each for

crime investigation and law and order units separately.

Provided further that the police personnel assigned to either of the unit shall not be deployed for any other

purpose without the written permission of the Superintendent of Police of the District or the Commissioner of Police as

the case may be."

H.R.BHARDWAJ

GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

G.K. BOREGOWDA

Secretary to Government,

Department of Parliamentary Affairs and Legislation.

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HOME SECRETARIAT

NOTIFICATION

No. HD 291 posai 2009(P-V), Bangalore, Dated: 02.06.2012

In exercise of the powers conferred by sub-section (3) of Section-1 of the Karnataka Police (Amendment)

Ordinance, 2012 (Karnataka Ordinance 2 of 2012), the Government of Karnataka hereby appoints the Second day of

June, 2012, as the date on which the said Ordinance shall come into force.

By Order and in the name of the Governor of Karnataka

H.K. NINGAPPA

Under Secretary to Government,

Home Department (Police Services)

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PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT

NOTIFICATION

No. SAMVYASHAE 29 SHASANA 2011, Bangalore, dated: 02.06.2012

Ordered that the translation of the ¸ÀºÁå¢æ ¥ÀgÀA¥ÀgÉ C©sªÀÈ¢Þ ¥Áæ¢sPÁgÀ C¢s¤AiÀÄªÀÄ, 2011 (2012gÀ PÀ£ÁðlPÀ

C¢s¤AiÀÄªÀÄ ¸ÀASÉå 21) in the English language, be published as authorised by the Governor of Karnataka under clause

(3) of Article 348 of the constitution of India in the Karnataka Gazette for general information.

The following translation of the ¸ÀºÁå¢æ ¥ÀgÀA¥ÀgÉ C©sªÀÈ¢Þ ¥Áæ¢sPÁgÀ C¢s¤AiÀÄªÀÄ, 2011 (2012gÀ PÀ£ÁðlPÀ C¢s¤AiÀÄªÀÄ

¸ÀASÉå 21) in the English language is published in the Official Gazette under the authority of the Governor of Karnataka

under clause (3) of Article 348 of the Constitution of India.

KARNATAKA ACT NO. 21 OF 2012

(First Published in the Karnataka Gazette Extra-ordinary on the Twenty eighth day of April, 2012)

THE SAHYADRI HERITAGE DEVELOPMENT AUTHORITY ACT, 2011

(Received the assent of the Governor on the Twenty sixth day of April, 2012)

An Act to provide for establishment of the Sahyadri Heritage Development Authority to supervise and to

evaluate the implementation of its projects and programmes.

WHEREAS it is expedient to provide for the establishment of the Sahyadri Heritage Development Authority to

supervise the implementation of projects and programmes relating to the development of Sahyadri Heritage and to

monitor and evaluate the implementation of its projects and programmes;

Be it enacted by the Karnataka State Legislature in the Sixty Second year of the Republic of India as follows:-

CHAPTER - I

1. Short title and commencement.- (1) This Act may be called the Sahyadri Heritage Development Authority

Act, 2011.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "Authority" means, the Sahyadri Heritage area Development Authority constituted under section 3;

(b) "Sahyadri Heritage Area’"means areas comprising of the districts of Shimoga, Chikkamagalur and Uttara

Kannada;s

(c)

"Chairman" means, the Chairman of the Authority;

(d) "Department" means, all departments of the State Government, including any body or corporation

established by the State Government by or under any law or any institution or Body receiving financial

aid from the State Government;

(e)

"Member" means, a member of the Authority;

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(f)

"Projects and programmes" means, the annual projects and programmes prepared by the Authority for

development of Sahyadri Heritage;

(g)

"Secretary" means, Secretary of the Authority;

(h) "Regulation" means, regulations made under this Act.

CHAPTER - II

3. Constitution of the Authority.- (1) As soon as may be, after the commencement of this Act the State

Government shall constitute by notification, an Authority for development of Sahyadri Heritage to be called the

Sahyadri Heritage Development Authority with its head-quarters at Shimoga consisting of such number of members

specified in section 4.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common

seal to contract and shall by the said name sue and be sued.

The Chairman and other members of the Authority.- The authority shall consist of the Hon’ble Chief

Minister as the Chairman and other following members specified below, namely:-

Pertaining to the Sahyadri Heritage Area,-

(a) Ministers incharge of the Districts

- Vice-Chairman

(b) The Deputy Commissioners

- Ex-officio Member

- Members

(d) The Conservators of Forest

- Ex-officio Member

(e) The Superintendent of Police

- Ex-officio Members

II. Other members,-

(f)

The Secretary to Government, Department of Kannada and Culture Ex-Officio Member

(g)

One Deputy Director, Department of Tourism

Member

(h)

The Superintending Archaeologist, Archaeological Survey of India,

Bangalore and Dharwad Circle

Member

(i)

The Commissioner, Department of Archaeology and Museums and

Heritage

Member

(j)

The Director, Department of Archaeology and Museums, Mysore

Member

(k)

The Vice-Chancellor, Kuvempu and Dharwad University

Member

(l)

The Chief Engineer, Sharavathi Project and Bhadra Reservior Project,

KECL

Member

(m)

The Director, Department of Kannada & Culture

Member

(n)

Six persons nominated by the State Government having special

knowledge in the field of History and Culture

Member

(o)

Secretary of the Authority

Member-Secretary

5. Term of office and conditions of service.- (1) Subject to the pleasure of the State Government, non

official members nominated by the State Government shall hold office for a period of three years. This shall not apply in

case of official member.

(2) The Chairman or a member other than an ex-officio member may resign his office by writing under his

hand addressed to the State Government but shall continue in office until his resignation is accepted.

2790

(3) A causal vacancy in the office of non-official member shall be filled by the State Government by

nominating another person and the person so nominated shall hold office for the unexpired portion of the term of the

office of his predecessor.

(4) The Chairman and other members shall receive such allowances as may be prescribed.

(5) The allowances payable to the Chairman and other members shall be defrayed out of the Fund of the

Authority.

(6) No act or proceedings of the Authority shall be invalid by reason only of the existence of any vacancy or

defect in the constitution of the Authority.

6. Disqualification for office of membership.- (1) A person shall be disqualified for being appointed as and

for being a member, if he,-

(a) has been convicted and sentenced to imprisonment for an offence which in the opinion of the State

Government involves moral turpitude; or

(b) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from service of the Central Government or a State Government or a body or

corporation owned or controlled by the Central Government or a State Government; or

(e) has directly or indirectly by himself or his partner any share or interest in any work done by the order of

the Authority or in any contract or employment with or under or by or on behalf of the Authority;

(f) is employed as a paid legal practitioner on behalf of the Authority or accepts employment of legal

practitioner against the Authority.

(2) A person shall not be disqualified under clause (e) of sub-section (1) or be deemed to have any share or

interest in any contract or employment within the meaning of the said clause by reason only of his having a share or

interest in any newspaper in which any advertisements relating to the affairs of the Authority is inserted.

7. Removal of member.- (1) The State Government shall remove a non-official member if,-

(a) he becomes subject to any of the disqualifications mentioned in section 6:

Provided that, no non-official member shall be removed on the ground that he has become subject to the

disqualification mentioned in clause (e) of sub-section (1) of that section, unless he has been given an opportunity of

making his representation against the proposal ; or

(b) he refuses to act or becomes incapable of acting; or

Authority ; or

(d) in the opinion of the State Government he has so abused his position as to render his continuance in office

detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given an opportunity of

making his representation against the proposal.

8. Secretary.- (1) The State Government shall appoint an officer not below the rank of Group A officer to be

the Secretary of the Authority. The Secretary shall receive such salary and other allowances as the State Government

may determine from time to time.

(2) The State Government may grant from time to time leave of absence to the Secretary.

(3) The Secretary shall be the Chief Executive of the Authority and shall,-

2791

(a) be responsible for implementing the projects and programmes approved by the Authority;

(b) operate the fund of the Authority;

(d) discharge such other functions which are conferred on him by or under this Act or any other law for the

time being in force; and

(e) be responsible for presentation of records of the office during inspection of Chairman.

9. Officers of the Authority and conditions of service.- (1) Subject to such rules as may be prescribed, the

State Government or such other officer as the State Government may authorise, may appoint or depute such officers

and employees of the authority as it may deem necessary for the efficient discharge of its functions.

(2) The recruitment and terms and conditions of service of the officers and servants specified above shall be

such as may be prescribed.

10. Meetings of the Authority.- (1) The meetings of the Authority shall be convened by the Chairman or by

the Secretary with the prior approval of the Chairman and shall be held at any place within the jurisdiction of the

Authority.

(2) The Authority shall meet at least once in every two months.

(3) The Chairman or the Secretary with the prior approval of the Chairman shall convene a special meeting if

the Chairman feels it necessary.

(4) The Authority shall observe such rules of procedure in regard to the transaction of business at its meeting

as may be provided by regulations.

(5) Every meeting shall be presided over by the Chairman and if for any reason, the Chairman is unable to

attend any meeting any other member chosen by the members present at the meeting shall preside at the meeting.

(6) Nine members shall form the quorum.

11. Proceedings presumed to be good and valid.- No disqualification of or defect in the appointment of any

person acting as Chairman or member shall be deemed to vitiate any act or proceeding of the Authority if such act or

proceeding is otherwise in accordance with the provisions of this Act.

12. Sub-Committee.-The Authority may for any specific purpose constitute a Sub-Committee consisting of

such members not exceeding nine members from amongst its members, the Chairman of the Authority shall also be

the Chairman of the Sub-Committee.

13. Powers and duties of Sub-Committee.- (1) The Sub-Committee shall exercise such of the powers and

perform such duties of the Authority which are delegated to it by the Authority.

(2) The Sub-Committee shall meet at least once in a month.

(3) The Sub-Committee shall take decisions on urgent matters to review the prompt implementation of the

decision of the Authority and suggest on urgent matter for action by the State Government.

(4) The Sub-Committee shall observe such rules of procedure in regard to the transaction of business at its

meetings as may be provided by regulations.

14. Obtaining the services of experts.- (1) In order to carry out the purposes of the Act, the Authority if

necessary, may obtain the services or assistance of the experts in such manner as it may deems fit.

(2) Honorarium and allowances payable to such experts for the services or assistance so rendered shall be of

such an amount as may be prescribed.

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CHAPTER - III

Preparation of project and programmes.-

15. Preparation of project and programmes.- The Authority shall every year prepare projects and

programmes for the development of Sahyadri Heritage and forward it to the State Government for approval. The State

Government may approve the project and programmes with or without modification.

16. Functions of the Authority.- The Authority shall,-

(1) preserve and promote historical, traditional and folk tradition and values of Sahyadri Heritage Area;

(2) fulfill the cultural requirements by organizing cultural activities at Sahyadri Heritage Area;

(3) organize utsavs in the Sahyadri heritage area, construction of Museum which depicts the Sahyadri

heritage area and organize programmes which explore the full knowledge of Sahyadri heritage;

(4) organise the programme which are supplemental to the above functions; and

(5) perform such other functions as may be prescribed.

17. Obtaining information.- The Authority may for the purpose of this Act seek and obtain information

relating to the development of Sahyadri Heritage Development Authority from any officer of the State Government and

such officer shall be bound to furnish the information sought by the Authority.

18. Advise by the Authority.- The Authority, in order to carryout the purposes of this Act, shall advise the

State Government regarding implementation of its projects and programmes.

19. Power to record dereliction of duty and to inform the appointing authority.- The Authority in order

to carryout the purposes of the Act, shall record, any violation by the officers and officials of the State Government and

local bodies of any order, issued by the Government from time to time or of any order, which is already in force as

dereliction of duty and shall advise to the appointing authority for necessary action.

CHAPTER - IV

20. Fund of the Authority.- (1) There shall be a fund called the Authority Fund.

(2) The following shall form part of, or be paid into the Authority Fund, namely:-

(i) all grants, subventions, donations and gifts made by the Central Government, State Government, any

local authority, any body whether in-corporated or not or any persons; and

(ii) all other sums received by or on behalf of the Authority from any source whatsoever.

(3) Except as otherwise directed by the State Government all money credited to the Fund shall be invested in

any Scheduled bank.

(4) The administrative expenses to the Authority including the salaries, allowances and pensions payable to

the Secretary and other officers and employees of the Authority shall be defrayed out of the Fund of the Authority.

21 Grant by State Government.- The State Government may every year make a grant to the Authority of a

sum equivalent to the administrative expenses of the Authority.

22. Accounts and audit.- (1) Accounts of the income and expenditure of the Authority Fund shall be kept in

accordance with such rules as may be prescribed.

(2) The Authority shall prepare an annual statement of accounts in such form as may be prescribed.

2793

(3) The accounts of the Authority shall be audited annually by such auditor as the State Government may

appoint.

(4) The auditor shall for the purposes of the audit, have access to all the accounts and other records of the

Authority.

(5) The Authority shall pay from its fund such charges for the audit as may be prescribed.

(6) As soon as may be after the receipt of the report of the auditor, the Authority shall send a copy of the

annual statement of accounts, together with a copy of the report of the auditor to the State Government and shall

cause to be published the annual statement of accounts in such manner as may be prescribed.

(7) The State Government may after perusal of the report of the auditor give such directions as it thinks fit to

the Authority and the Authority shall comply with such directions.

CHAPTER - V

23. Report.- The Authority shall before such dates, in such form and at such interval as may be prescribed

submit the prescribed report to the State Government.

24. Budget of the Authority.- The Authority shall prepare every year on such date and in such form as may

be prescribed a budget estimate of its income and expenditure for the financial year to commence on the first day of

April next following and shall forward it to the State Government.

25. Power to make rules.- (1) The State Government may, after previous publication by notification make

rules to carryout the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the

State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two

or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately

following both Houses agree in making any modification in the rule or decide that any rule should not be made, the

rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any

such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

26. Power of Authority to make regulations.- The Authority may subject to the provisions of this Act and

the rules made under section 25 and with the previous sanction of the State Government, by notification, make

regulations to carry-out the purposes of this Act.

The above transaction of the ¸ÀºÁå¢æ ¥ÀgÀA¥ÀgÉ C©sªÀÈ¢Þ ¥Áæ¢sPÁgÀ C¢s¤AiÀÄªÀÄ, 2011 (2012gÀ PÀ£ÁðlPÀ C¢s¤AiÀÄªÀÄ

¸ÀASÉå 21) be published in the official gazette under clause (3) of Article 348 of the Constitution of India.

H.R.BHARDWAJ

GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

G.K. BOREGOWDA

Secretary to Government,

Department of Parliamentary Affairs & Legislation.

2794

«±ÉÃµÀ ¥ÀwæPÉ

¨sÁUÀ – IV

¨ÉAUÀ¼ÀÆgÀÄ, ªÀÄAUÀ¼ÀªÁgÀ, dÆ£ï 5, 2012 (eÉåÃµÀ× 15, ±ÀPÀ ªÀµÀð 1934)

£ÀA. 381

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110 001

ORDER

No. 3/4/ID/2012/SDR (Council), Dated: 4^th June, 2012

Whereas, the Election Commission has been following the policy of compulsory identification of electors by

means of specified identification documents at elections to the House of the People and Legislative Assemblies from the

year 2000 onwards, so as to prevent impersonation at elections thereby making the right of genuine electors to vote

under section 62 of the Representation of the People Act, 1951 more effective; and

Whereas, keeping in view the provisions of Rules 35(3) and 37(2)(b) of the Conduct of Elections Rules, 1961,

the Commission has been issuing directions that the electors at election to House of the people and Legislative

Assemblies shall produce their Elector’s Photo Identity Cards or other specified documents at the polling station and

failure or refusal on their part to produce those Elector’s Photo Identity Cards or documents may result in the denial of

supply of a ballot paper to them and permission to vote; and

Whereas, the said provisions regarding identification of electors and safeguards against personation are

equally applicable at elections from Graduates’ and Teachers’ Constituencies, and as the electors in these

constituencies are also usually electors in assembly constituencies, they would have been supplied with Elector’s Photo

Identity Cards as electors in their respective Assembly Constituencies;

Now, therefore, after taking into account all relevant factors and the legal and factual position, the Election

Commission hereby directs that all electors at the biennial election from Karnataka North-East Graduates’

Constituency, Karnataka South-West Graduates’ Constituency, Bangalore Graudates’ Constituency, Karnataka South-

East Teachers’ Constituency, Karnataka South-West Teachers’ Constituency and Karnataka South Teachers’

Constituency, in the State of Karnataka, who have been issued with their EPICs, shall have to produce these cards to

exercise their franchise, when they come to the polling stations for voting at the biennial election to the Karnataka

Legislative Council from the said Constituencies, notified on 16^th May, 1012. These electors who are not able to

produce EPICs will have to produce one of the following identification documents for their identification:-

(i)

Passports,

(ii)

Driving Licence,

(iii)

Income Tax Identity (PAN) Card,

(iv)

Service Identity Cards issued to its employees by State/Central Government, Public Sector

Undertakings, Local Bodies or Public Limited Companies with photographs,

(v)

Passbooks issued by the Public Sector Banks/Post Office and Kissan Passbooks with photograph

(Accounts opened on or before 30-4-2012),

(vi)

Property Documents such as pattas, Registered Deeds, etc. with photograph,

2795

(vii)

SC/ST/OBC Certificates issued by the competent authority with photograph, issued upto 30-4-

2012,

(viii)

Pension Documents such as ex-servicemen’s Pension Book/Pension Payment Order, ex-servicemen’s

Widow/Dependent Certificates, Old Age Pension Order, Widow Pension Order with photograph

(issued upto 30-4-2012),

(ix)

Freedom Fighter Identity Cards with photographs,

(x)

Arms Licences with photograph (issued upto 30-4-2012),

(xi)

Certificate of Physical Handicap with photograph issued upto 30-4-2012,

(xii)

Health Insurance Scheme Smart Cards with photograph (Ministry of Labour’s Scheme, issued upto

30-4-2012),

(xiii)

Ration Cards with photograph issued on or before 30-4-2012,

(xiv)

Ex-servicemen CSD canteen card with photograph,

(xv)

Sandhya Suraksha Scheme cards with photograph, issued upto 30-4-2012,

(xvi)

The service identity cards with photographs, issued by the local bodies like Municipal Corporation,

CMC, TMC, Village Panchayat etc.,

(xvii)

Senior Citizens cards bearing photographs of the holder of the card issued by the Government

Department.

(xviii)

Computer generated temporary Ration Cards, in original, issued by the Food & Civil Supplies

Department, containing the names and age of the members of the family and indicating their relation

to the head of the family issued upto 30-4-2012, and

(xix)

Student Identity Card with photograph issued by Recognised Educational Institutions upto

30-4-2012.

By Order,

ASHISH CHAKRABORTY

SECRETARY

2796

«±ÉÃµÀ ¥ÀwæPÉ

¨sÁUÀ – IV

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gÀWÀÄ£ÁxïgÁªï ªÀÄ¯ÁÌ¥ÀÄgÉ

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2797

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r.J¸ï. «ÃgÀAiÀÄå

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(CªÀ®ºÀ½î) Vj£ÀUÀgÀ, ¨ÉAUÀ¼ÀÆgÀÄ-560085

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d£ÀvÁ zÀ¼À (eÁvÁåwÃvÀ)

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JAJ¸ïDgï gÀ¸ÉÛ, UÉÆÃPÀÄ® PÁ¯ÉÆÃ¤,

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ºÁªÉÃj f¯Éè

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(ii) £ÉÆÃAzÁ¬ÄvÀ gÁdQÃAiÀÄ ¥ÀPÀëUÀ¼À GªÉÄÃzÀÄªÁgÀgÀÄ (ªÀiÁ£ÀåvÉ ¥ÀqÉzÀ gÁ¶ÖçÃAiÀÄ ªÀÄvÀÄÛ gÁdå gÁdQÃAiÀÄ ¥ÀPÀëUÀ¼À£ÀÄß

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(iii) EvÀgÀ GªÉÄÃzÀÄªÁgÀgÀÄ :

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©£ï ¯ÉÃmï ©.JA. ¸ÀÄ§âtÚ

£ÀA. 174. ¨ÉÊgÀw, PÉÆvÀÛ£ÀÆgÀÄ CAZÉ,

¨ÉAUÀ¼ÀÆgÀÄ ¥ÀÆªÀð vÁ®ÆèPÀÄ, ¨ÉAUÀ¼ÀÆgÀÄ

¥ÀPÉëÃvÀgÀ

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2798

ELECTION COMMISSION OF INDIA

NEW DELHI,

DATED 05^TH June, 2012

NOTIFICATION

No. DPAR 4 CHU VI PA 2012 :- In pursuance of sub-rule (2) of Rule 11 of the Conduct of Election Rules, 1961,

the following is published for general information.

FORM 7B

[See Rule 10(1)]

List of Contesting Candidates

Biennial Elections to the Karnataka Legislative Council by the

Members of Legislative Assembly - 2012

Sl.

No.

Name of Candidates

Address of Candidate

Party Affiliation

(i) CANDIDATES OF RECOGNISED NATIONAL AND STATE POLITICAL PARTIES :

IQBAL AHMED SARADAGI

S/O Shaikh Mahamed Saradagi

#.1-1166-9E Aiwan E-Shai Area, Station Road,

Gulbarga Town, Gulbarga District-585 102

Indian National

Congress

K. GOVINDARAJ

S/O Kempareddy

#.206, 2^nd Main, 2^nd Stage, Domlur,

Bangalore-560 071

Indian National

Congress

B.J. PUTTASWAMY

S/O Late. Javara Shetty

“Dwaraka” #40/1, 33

14^th Cross, Vyalikaval,

Mallesshwaram,

Bangalore-560 003

Bharatiya Janata

Party

BHANU PRAKASH

S/O Bhaskara Avadhani

Matturu, Shimoga Taluk,

Shimoga District

Bharatiya Janata

Party

MOTAMMA

D/O Venkataramu

#1138/1, “Ashrayanilaya”

Housing Board Colony,

Hesgal Road, Mudigere Town, Mudigere Taluk,

Chikmagalur -577 132

Indian National

Congress

RAGHUNATH RAO

MALKAPURE

S/O Narsappa

#190-2-166,

Shivanagar (South) Bidar-585 401

Bharatiya Janata

Party

2799

Sl.

No.

Name of Candidates

Address of Candidate

Party Affiliation

VIMALA GOWDA

D/O Late H. Venkatappa

#.1113, “Bhuvi”

20th Cross, 14th Main,

3rd Sector, HSR Layout,

Bangalore-560 102

Bharatiya Janata

Party

D.S.VEERAIAH

S/O Late Siddaiah

#.73, BSK 3rd Stage,

BDA Layout,

(Avalahalli) Girinagar,

Bangalore-560 085

Bharatiya Janata

Party

SYED MUDEER AGA

S/O Late Syed Ahmed Aga

# 4552,”Madar Khan Mohalla”

Masjid Street,

Ramanagara-562 159

Janata Dal (Secular)

M.R. SEETHARAM

S/O Late M.S. Ramaiah

Gokula House, MSR Road,

Gokula Colony,

Bangalore-560 054

Indian National

Congress

SOMANNA @ SWAMILINGA

BEVINAMARADA

S/O Mallappa

#.2424/1, Near Old Bus Stand, Shiggaon,

Taluk Shiggaon,

District Haveri.

Bharatiya Janata

Party

(ii)

CANDIDATES OF REGISTERED POLITICAL PARTIES

(OTHER THAN RECOGNISED NATIONAL AND STATE POLITICAL

PARTIES)---NIL

(iii)

OTHER CANDIDATES :

B.S. SURESH

S/O Late .B.M. Subbanna

#174, Bhyrathi,

Kothanur Post,

Bangalore East Taluk,

Bangalore

Independent

P.OMPRAKASHA

Secretary,

Karnataka Legislative Assembly &

Place: Bangalore

Returning Officer for

Date: 04.06.2012

Biennial Elections to the Karnataka Legislative Council – 2012

T. SHAMAIAH

Joint Chief Electoral Officer &

Ex-Officio Joint Secretary to Govt.,

D.P.A.R. (Elections).

2800

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