THE KANNADA DEVELOPMENT AUTHORITY ACT, 1994

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
Law 1[x x x]1 — Member
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}âQvâ %«À⽬P ~ÖZºdÖpâ %º¾Ìâ°Àâ°, 1994 (1994pâ dâ}ÖËrdâ %º¾Ìâ°Àâ° ÉâªfêX 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.)
* * * *

___________________________

KDA to have a say in PSU appointments

By K. N. Venkatasubba Rao

BANGALORE, JAN. 16. The Government has reportedly finalised the norms to include a representative of the Kannada Development Authority (KDA) in the appointment boards of public sector units to which the Sarojini Mahishi Report is applicable.

The inclusion of a KDA representative in the appointment boards was said to be a major step to pave the way for implementation of the Sarojini Mahishi Report in toto, in phases.

The Government’s decision was reportedly prompted by the joint efforts of the KDA and the Department of Industries. It was said that but for the “undaunted efforts” of the Industries Minister, Mr. R. V. Deshpande, and the KDA Chairman, Dr. Baragur Ramachandrappa, the Government would have remained unconvinced about the need to give the KDA a representation on the appointment boards.

A meeting of the KDA and the Department of Industry was held on April 4, 2000, and Mr. Deshpande, Dr. Ramachandrappa and seven other bureaucrats participated. It discussed various orders issued by the Government and the problems being faced by it in implementing the Sarojini Mahishi Report in full. It realised the need to give the KDA a representation on the appointment boards, and urged the Directorate of Personnel and Administrative Reforms to take steps in this direction.

Of the 58 recommendations made in the Sarojini Mahishi Report, employment of Kannadigas in the public sector units in the State had become a bone of contention and triggered unsavoury situations. The report had recommended that while filling Group D posts, Kannadigas should be preferred. It said that 80 per cent of Kannadigas should be appointed against the other posts in the basic salary of up to Rs. 1,250, and that 65 per cent of Kannadigas should be given top executive posts. But for various reasons, including the alleged regional bias on the part of a section of the authorities in some of the public sector units, and political reasons, the recommendations were not implemented in full.

The Government’s exercise to accord priority to the Kannada language and Kannadigas in the State had, at times, become a political issue. It was said that the Government was pretending helplessness in implementing the recommendations made by its own committees.

In an effort to give priority to Kannadigas in public sector units and commercial banks, the Government constituted a number of committees, including the Margaret Alva Committee (August 4, 1983) and Dr. Sarojini Mahishi Committee (January 25, 1984). Dr. Sarojini Mahishi Committee submitted its recommendations on December 30, 1986, and the Government constituted a Cabinet Sub- Committee on March 16, 1990, to look into the 58 recommendations.

http://www.hinduonnet.com/2001/01/17/stories/0417210g.htm

__________________________________________________________

KANNADA NUMBER PLATE::Law to catch up with rule violations

Law to catch up with rule violations

Bangalore, dhns:

Guardians of Kannada, backed by government organisations, may be making a big show in ensuring that the City is virtually painted in the language of the land.

http://www.deccanherald.com/deccanherald/nov212006/city031720061121.asp

Guardians of Kannada, backed by government organisations, may be making a big show in ensuring that the City is virtually painted in the language of the land.

Yet, the zealousness to go Kannada in some spheres, particularly Kannada lovers who want to paint their motor vehicle registration plates only in Kannada letters and numerals, could be illegal.

In fact, if one goes by the letter of the law, if vehicles bear plates carrying registration numbers only in Kannada letters and numerals, the plates can be termed defective. The vehicle owner can be penalised and even fined Rs 300.

RTO Jayanagar, Shafi Ahamed, told Deccan Herald, “According to Central Motor Vehicle (CMV) Act (Rule 50, d), the letters of the registration mark shall be in English and the figures in Arabic numerals.” But the State government has issued a notification in 2001 clearly stating that besides adhering to the CMV rules, vehicle users can also go in for Kannada plates. This means that the vehicles can have two number plates – one adhering to the compulsory CMV rules, while the other sticks to Kannada.

Will the City Traffic Police and RTO officials clamp down on vehicles with Kannada registration plates?

The traffic police sought to pass the buck to the RTO. Sources in RTO said that a notification is getting ready asking the department officials and the police to clamp down on vehicles carrying registration plates only with Kannada letters and numerals.

Use of Kannada in administration, a distant dream : Siddalingaiah

Use of Kannada in administration, a distant dream : Siddalingaiah

DH News Service Gulbarga:

http://www.deccanherald.com/deccanherald/nov192006/district22424020061118.asp

Noted Writer and Chairman of Kannada Development Authority Dr Siddalingaiah has regretted that even though unification of Karnataka has taken place, the use of Kannada in the administration has remained a distant dream.

Dr Siddalingaiah was speaking after releasing books and also a Kannada version of speeches, delivered during the convocation of Gulbarga University, brought by the Prasaranga of the University here on Thursday.

Further Dr Siddalingaiah said that we want to save and promote Kannada, all universities in the State should carry out their administration in Kannada.I appreciate the lead taken by the Gulbarga University in translating the speeches delivered during the convocation into Kannada. Other universities should emulate this”, he suggested.

Replying to a query from an audience regarding the controversy over teaching of Kannada and English, Dr Siddalingaiah observed that Kannada should be compulsorily introduced in all schools of the State. Further he had no objection with teaching of English as a subject, he added.

Dr Siddalingaiah blamed the “excessive tolerant attitude “ of Kannadigas for the problems confronting them, including denial of classical status to Kannada.

“We should change our entire attitude and conduct in a different way. We should feel proud about ourselves and also our language, culture etc.

Moreover we should have the courage of convictions. Only then can we stand up to the present daychallenges and face the threat of exploitation or dominance by others”, he contended.

Dwelling at length on the past glory of Kannada, Dr Siddalingaiah however regretted that even today Kannada was being denied a pre-eminent status even in Karnataka.

“Even during the time of Britishers , Kannada was the administrative language here. But under our own rule, English is getting all the importance.

This is because of lack of pride among our bureaucrats.

Tragedy

It is a tragedy that our bureaucrats have little faith in democracy and they don’t want to deal with the language of people.

I exhort them to change this attitude and try to carry out administration in the language of people i.e Kannada”, he added.

Dr Siddalingiah was highly appreciative of the contributions made by the North Karnataka region for the enrichment of language, culture, music etc. “ Take any field, it’s the persons from the present day north Karnataka who have made invaluable contribution. Great persons like Basavanna, Ranna, Pampa, Sri Vijaya, Vignyaneshwara, they are all from North Karnataka. Even Madheshwara and Mantesway, who are worshiped in South Karnataka, are said to be from North Karnataka.

I qualms to say that all great people and great ideas have come from this region. So I have special respect for this region”, he remarked.Earlier Dr Siddalingaiah felicitated the writers Dr V G Pujar, Dr Nagabai Bulla, Dr Swamy Rao Kulkarni and others.

THE KANNADA DEVELOPMENT AUTHORITY ACT, 1994

THE KANNADA DEVELOPMENT AUTHORITY ACT, 1994

ARRANGEMENT OF SECTIONS

Statement of Objects and Reasons:Sections:

CHAPTER I1. Short title and commencement.2. Definitions.CHAPTER II3. 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 III14. 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 IV20. Fund of the Authority.21. Allocation for project and programme.22. Grant by State Government.23. Accounts and audit.CHAPTER VMISCELLANEOUS24. Report.25. Budget of the Authority.26. Power to make rules.27. Power of Authority to make regulations.* * * *

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.

* * * *

---

Page 2

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)

* * * *

---

Page 3

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.

W

HEREAS

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;

B

E

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:-

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Page 4

(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

Law 1[x x x]

1

— Member

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

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Page 5

(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.

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Page 6

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

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Page 7

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-

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Page 8

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.

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Page 9

(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

dC”}C”QvC” %B+CC”B=B,P CZB:dCpC” %B:B>C C”B0CC”B0, 1994 (1994pC” dC”}CC rdC” %B:B>C C”B0CC”B0 C C”B*fC*X 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.)

* * * *