Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA COMMAND AREAS DEVELOPMENT RULES, 1980 CONTENTS 1. Title and commencement 2. Definitions 3. Conditions of Service of Chairman and Members of the Authority 4. Powers of the authority to create posts 5. Terms and conditions of service of Officers and employees of the authority 6. Powers of the Administrator 7. Preparation of the Scheme 8. Levy of charges on works 9. . 10. Annual Budget 11. Preparation of Annual Statement of Accounts 12. Annual Report 13. Recovery of charges of unauthorised use of water 14. Fees for services 15. Recovery of dues 16. Revision SCHEDULE 1 :- SCHEDULE KARNATAKA COMMAND AREAS DEVELOPMENT RULES, 1980 Whereas, the draft of the Karnataka Command Areas Development Rules, 1980 were issued in Notification No. PD 99 CAH 79, dated 2nd August, 1980, published in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 14th August, 1980, inviting objections and suggestions from all persons affected thereby after thirty days from the date of the said publication in the Official Gazette. And, whereas, the said Gazette was made available to the public on 14th August, 1980. And, whereas, the objections and suggestions received in respect of the said draft have been considered. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 46 of the Karnataka Command Areas Development Act, 1980 the Government of Karnataka hereby makes the following rules, namely:- 1. Title and commencement :- (1) These rules may be called the Karnataka Command Areas Development Rules, 1980. (2) They shall be deemed to have come into force on the Eleventh day of December, 1979. 2. Definitions :- In these rules, unless the context otherwise requires. (a) "Act" means the Karnataka Command Areas Development Act, 1980; (b) "Form" means a form appended to these rules; (c) "Regulations" means the regulations made under Section 47 of the Act; (d) "Rules" means the rules made under this Act; (e) "Schedule" means a schedule appended to these rules. 3. Conditions of Service of Chairman and Members of the Authority :- (1) Every non-official Chairman of an authority shall be entitled to remuneration at the rates specified in the Schedule to these rules. (2) The travelling allowance and daily allowance to be paid to the Chairman and Members of the authority for the journeys undertaken by them for the purposes of the authority shall be at the rates specified in the said Schedule. (3) Every Official Chairman who is a member of all India or State Civil Services shall be entitled to such salary and allowances as are admissible to him under the rules regulating his conditions of service. 4. Powers of the authority to create posts :- (1) For efficient discharge of its functions and to assist the Officers appointed by the State Government the authority may create posts the maximum pay of which does not exceed 1[Rs. 1,950.00.] (2) No post the maximum pay of which exceeds 1 [Rs. 1,950.00] shall be created by the authority without the prior approval of Government. (3) The total expenditure on salary and allowance in a year on the staff of the authority shall not exceed 10 per cent of the amount of annual grants made to the authority by the State and Central Government. Explanation. The total expenditure on salary and allowance for purpose of this sub-rule shall not include the following. (1) The expenditure on field staff specifically created for preparation and execution of Schemes under Section 12 and Section 16; (ii) The expenditure on staff specifically created for the execution of a scheme wholly financed by the Central Government or any agency other than the State Government; (iii) The expenditure on staff in any of the sectors of the authority in charge of maintenance. 1. Substituted for the letters and figures "Rs. 800 p.m." by GSR 67, dated 7-10-1983. 5. Terms and conditions of service of Officers and employees of the authority :- (1) The terms and conditions of service of the Officers appointed to the authority under sub-section (1) of Section 11 shall be such as are applicable to similar Officers of Government deputed to foreign service: Provided that the scale of pay of the Administrator shall not be less than the scale of pay of a Secretary to Government. (2) The scales of pay and other conditions of service of the holders of posts created by the authority under sub-section (3) of Section 11, shall be such as are applicable to similar Officers and employees of the State Civil Services. 6. Powers of the Administrator :- The Administrator of every authority shall, subject to the regulations made by the authority in this behalf, have the following powers namely. (1) to appoint, in accordance with rules and regulations of the authority, suitable persons to the posts created by the authority. (2) to create temporary posts the maximum pay of which does not exceed 1 [Rs. 1,050 p.m.] for a period not exceeding one year, and to appoint suitable persons against such post. Creation of every such post shall be brought to the notice of the authority. If the authority fails to approve the creation of the post within six months of such creation it shall stand terminated. (3) to transfer the Officers and employees of the authority, except those appointed to the authority by the State Government under sub-section (1) of Section 11. (4) 'to take disciplinary action against the Officers and employees of the authority. (5) to sanction leave to the Officers and employees of the authority. Regarding the powers of sanctioning leave the provisions of Karnataka Civil Services Rules shall mutatis mutandis apply. (6) to sanction loans and advances to employees. The provisions of the Karnataka Financial Code, 1958 shall mutatis mutandis apply for such sanction. (7) to purchase stationery and office equipment to the authority within the budget allotments made by the authority for that purpose. (8) to enter into and execute agreements for and on behalf of the authority. (9) to authorise payments in respect of the works executed on behalf ol the authority. (10) to call for and accept tenders for sanctioned works upto a maximum limit of Rs. 5,00,000 in each case. (11) to accept tenders for works which are upto fifteen per cent in excess of the sanctioned estimate. (12) to do such other acts and functions as may be authorised by the authority under the Act. 1. Substituted for the letters and figures "Rs. 800 p.m." by GSR 67, dated 7-10-1983. 7. Preparation of the Scheme :- (1) The authority shall prepare and publish in the Official Gazette development schemes for the comprehensive development of the Command Area or any phase of it in Form I. (2) The notice of publication of the sanctioned scheme, under Section 14 shall be in Form II. (3) Notice to the land owners under Section 16 shall be in Form III. 8. Levy of charges on works :- The authority shall charge and recover from every beneficiary the cost of every scheme executed including survey and other charges actually incurred. The statement of charges shall be in Form IV. 9. . :- (1) The authority shall open a Bank account in any of the Nationalised Banks, Regional Rural Banks, District Central Co- operative Banks, and the Apex Banks situated within the jurisdiction of each authority and credit all amounts received by it to such account. (2) The Administrator or any other officer duly authorised by the authority shall operate such account on behalf of the authority. 10. Annual Budget :- The authority shall prepare a provisional Annual Budget in Form V before 10th February every year and circulate it amongst the members of the authority. Four copies of the provisional budget shall be sent to the Secretary to Government, Planning Department before 15th February. The authority shall approve the Budget on or before 15th March every year and send ten copies of the approved Budget to the Secretary to Government, Planning Department immediately after its approval. 11. Preparation of Annual Statement of Accounts :- The authority shall prepare an Annual Statement of Accounts in Form VI before 15th April of every year and five sets of such Annual Statement of Accounts shall be sent to the Secretary to Government in the Planning Department. 12. Annual Report :- The authority shall prepare and forward its Annual Report for every year to the Government in the Planning Department before the 30th day of June of the succeeding year. 13. Recovery of charges of unauthorised use of water :- The authority shall recover the charges for unauthorised use of water at the rates chargeable under the Karnataka Irrigation Act, 1965 from such user. 14. Fees for services :- The fees chargeable under Section 38 for the services rendered shall be the actual cost incurred in rendering such service and an additional charge not exceeding ten per cent of the actual cost. 15. Recovery of dues :- (1) The authority shall as far as possible, within three months of the completion of the scheme, intimate the land holder about the amount payable by him under sub-section (2) of Section 16. (2) The rate of interest payable under Section 41 shall be nine per cent per annum or two per cent above the rate of interest payable by the authority on loans raised from credit agencies, whichever is higher. 16. Revision :- The revision application under Section 45 shall be filed within thirty days from the date of communication of the decision or order or proceedings referred to therein. SCHEDULE 1 SCHEDULE SCHEDULE [See Rule 3] .I. If a non-official is appointed as Chairman of the authority, he shall be paid the following remuneration/honoraria and other allowances. Remuneration If member of Legislature Others Rs. Rs. Nil 1,500 p.m.