Kannada Development Authority - KDA of GoK

THE KANNADA DEVELOPMENT AUTHORITY ACT, 1994 ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
CHAPTER I
1. Short title and commencement.
2. Definitions.
CHAPTER II
3. Constitution of the Authority.
4. Term of office and conditions of service.
5. Disqualification for office of membership.
6. Removal of member.
7. Secretary.
8. Officers of the Authority and conditions of service.
9. Meetings of the Authority.
10. Proceedings presumed to be good and valid.
11. Sub-committee.
12. Powers and duties of sub-committee.
13. Obtaining the services of experts.
CHAPTER III
14. Preparation of project and programmes.
15. Functions of the Authority.
16. Officers made responsible to carry out the objectives of the Authority.
17. Obtaining information.
18. Advise by the Authority..
19. Power to record dereliction of duty and to inform the appointing authority.
CHAPTER IV
20. Fund of the Authority.
21. Allocation for project and programme.
22. Grant by State Government.
23. Accounts and audit.
CHAPTER V
MISCELLANEOUS
24. Report.
25. Budget of the Authority.
26. Power to make rules.
27. Power of Authority to make regulations.
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 28 of 1994.- It is considered necessary to provide statutory status to the Kannada Development Authority for the effective implementation of projects and programmes relating to development of Kannada and monitor and evaluate the implementation of Kannada as Official language.
Hence the Bill.
(Obtained from L.A. Bill No. 3 of 1994)
II
Amending Act 26 of 1997.- Consequent to the bifurcation of the Department of Law and
Parliamentary Affairs into Department of Law and Department of Parliamentary Affairs and
Legislation, it is proposed to have the Secretary of the Department of law as the member of the
authority and the director of translations also as a member of the said authority and further to
empower the authority to take action to secure priority for, and promotion of Kannada in the field
of Education and Cultural activities.
Hence the Bill.
(Obtained from L.A. Bill No. 21 of 1996)
* * * *
KARNATAKA ACT No. 28 OF 1994
(First published in the Karnataka Gazette Extraordinary dated third day of October 1994)
THE KANNADA DEVELOPMENT AUTHORITY ACT, 1994
(Received the assent of the Governor on the Twenty-ninth day of September, 1994)
(As Amended by Act 26 of 1997)
An Act to provide for establishment of a Kannada Development Authority for
development of Kannada, and to supervise the implementation of projects and
programmes relating to development of Kannada and to monitor and evaluate the
implementation of Kannada official language and its projects and programmes.
WHEREAS it is expedient to provide for the establishment of a Kannada Development
Authority for development of Kannada and to supervise the implementation of projects
and programmes relating to development of Kannada and to monitor and evaluate the
implementation of Kannada official language;
BE it enacted by the Karnataka State Legislature in the Forty-fourth year of the
Republic of India as follows:-
CHAPTER I
1. Short title and commencement.- (1) This Act may be called the Kannada
Development Authority Act, 1994.
(2) It shall come into force on such 1 [date]1 as the State Government may, by
notification, appoint.
1. The Act has come into force by notification w.e.f. 1.11.1995. The Text of the notification is at the end
of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Authority" means, the Kannada Development Authority constituted under section
3;
(b) "Chairman" means, the Chairman of the Authority;
(c) "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 of organisations receiving financial aid from the State Government;
(d) "Member" means, a member of the Authority;
(e) "Projects and programmes" means, the annual project, programmes prepared by
the Authority for development of Kannada in various departments;
(f) "Secretary" means, Secretary of the Authority;
(g) "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 there shall be established for the purposes of this Act, an Authority for
development of Kannada to be called the Kannada Development Authority with its head-
quarters at Bangalore.
(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.
(3) The Authority shall consist of the following members:-
(a) A person who has worked for development of Kannada
language nominated by the State Government to be the
Chairman of the Authority. -- Chairman.
(b) Seven persons nominated by the State Government
having special knowledge or practical experience in the
field of Literature, Administration, Education and Law. -- Members
(c) The Secretary to Government, Department of
Kannada and Culture -- Member
(d) The Secretary to Government, Department of
-- Member
Law 1[x x x]1
1. Omitted by Act 26 of 97 w.e.f. 30.9.1997.
(e) The Secretary to Government, Commerce &
Industries Department. -- Member
(f) The Director, Department of Kannada and Culture. -- Member
1[(fa) Director of Translation.
-- Member]1
1. Inserted by Act 26 of 97 w.e.f. 30.9.1997.
(g) The President, the Kannada Sahitya Parishad. -- Ex-officio
Member.
(h) The President, the Karnataka Kannada Sahitya _ Ex-officio
Academy. Member.
(i) The Secretary of the Authority -- Member-
Secretary
4. Term of office and conditions of service.- (1) Subject to the pleasure of the
State Government, the Chairman and other 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.
(3) A causal vacancy in the office of a Chairman or a member shall be filled by the
State Government by nominating another person as Chairman or member as the case
may be 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.
5. 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
(c) is an undischarged insolvent ; 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.
6. Removal of member.- (1) The State Government shall remove the Chairman or
other member if,-
(a) he becomes subject to any of the disqualifications mentioned in section 5:
Provided that no Chairman or 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
(c) he without obtaining leave of absence from the Authority absents from three
consecutive meetings of the 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.
7. Secretary.- The State Government shall appoint an officer not below the rank of
Deputy Commissioner 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,-
(a) be responsible for implementing the projects and programmes approved by
the Authority;
(b) operate the fund of the Authority;
(c) cause to be maintained accounts 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.
8. 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 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.
9. 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) Eight members shall form the quorum.
10. 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.
11. Sub-Committee.-The Authority may for any specific purpose constitute a Sub-
Committee consisting of such members not exceeding five members from amongst its
members, the Chairman of the Authority shall also be the Chairman of the Sub-
Committee.
12. 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.
13. 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;
CHAPTER III
14. Preparation of project and programmes.- The Authority shall every year
prepare projects and programmes for the development of Kannada and forward it to the
State Government for approval. The State Government may approve the project and
programmes with or without modification.
15. Functions of the Authority.- The Authority shall,-
(a) review the actions taken by the different departments; public undertakings, all
institutions and local bodies and institutions and receiving grants by the State
Government in the implementation of official language policy of the State Government;
(b) suggest measures to the State Government for the effective implementation of
the recommendations of Dr. Sarojini Mahishi Report as approved by the State
Government;
(c) identify the hurdles in the implementation of Kannada as the administrative
language and to take suitable measures to solve them; 1 [(ca) take action to secure priority for, and promotion of Kannada in the field of
education and cultural activities.]1
1. Inserted by Act 26 of 97 w.e.f. 30.9.1997.
(d) review form time to time the system of Kannada Examinations (Service
Examination), Examinations conducted for testing the knowledge of Kannada along with
the relevant syllabus existing or that may be prepared and if necessary suggest the
Government to revise, modify or renew the same, to conduct study and consultations
regarding the manufacture, purchase and distribution of Kannada typewriters, the use of
Kannada in modern equipments like computers, teleprinters, telex, which are used in the
modernisation of offices and in this connection to take decisions that would promote
extensive use of Kannada and to take necessary actions to get it implemented;
(e) arrange training programmes, workshops, exhibitions and seminars which would
facilitate the use of Kannada for officers and officials and Kannada teaching courses for
non kannadigas and to prepare the necessary syllabus and literature;
(f) publish, purchase and distribute useful publications relating to the development of
Kannada;
(g) ensure all the forms used in the offices are printed in Kannada and to examine
and grant permission for the printing of forms, publications and registers which are
required to be in languages other than Kannada;
(h) examine whether the regional language as being used in the forms, notices and
name plates that are in day to day use in accordance with the language policy of the
Central Government in the offices of the Central Government, banks, post offices and in
other offices and undertakings which have more public contacts in the State and to
conduct correspondence with those offices in this connections;
(i) take decisions on the matters of preparation, revision, printing and distribution of
reference books on administration and to implement the same and to monitor the
progress in this field and suggest necessary measures;
(j) examine the standards of Kannada text books and give instructions to rectify the
mistakes, if any, in these books.
16. Officers made responsible to carryout the objectives of the Authority.- (1)
The Chief Secretary at the State level, the Divisional Commissioner at Divisional level,
the Deputy Commissioner at District level, the Assistant Commissioner at the Sub-
divisional level and the Tahsildar at the Taluk level shall be responsible to carryout the
objectives of the Authority.
(2) The State Government may by notification specify officer responsible for
implementation of the different projects and programmes of the Authority and different
class of officers may be specified for different departments.
17. Obtaining information.- The Authority may for the purpose of this Act seek and
obtain information relating to implementation of Dr. Sarojini Mahishi Report and the
Kannada Development 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, subversions, 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. Allocation for project and programme.- The State Government may keeping in
view the project and programmes of the Authority, make financial allocations to the
Authority in the annual Budget of the State.
22. 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.
23. 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.
(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
MISCELLANEOUS
24. 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.
25. Budget of the Authority.- The Authority shall prepare every year before 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.
26. 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.
27. Power of Authority to make regulations.- The Authority may subject to the
provisions of this Act and the rules made under section 26 and with the previous
sanction of the State Government, by notification, make regulations to carry-out the
purposes of this Act.
* * * *
(The above translation of the dâ}âQ vâ %«À⽬P ~ÖZºdÖpâ %º¾Ìâ¡ãÀâ¡ã, 1994 (1994pâ dâ}ÖËrdâ %º¾Ìâ¡ãÀâ¡ã Éâªf¨ºX 28)
was published in Part IV-2B of the Official Gazette (Extraordinary) dated 25-2-1995 as
No. 286 under clause (3) of Article 348 of the Constitution of India.)