29 - VOLUME - 22-07-2010 - 8081-8408 -...

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KA / BG - GPO/ 2515 /WPP-47/ 2009 - 2011 ∞¬Òûª∞ «Ò∏Â√¿Ê C¢üPÀÈvÀªÁV ¥ÀæPÀn¸À¯ÁzÀÄzÀÄ «±ÉõÀ ¥ÀwæPÉ ¨sÁUÀ – IV-A ¨ÉAUÀ¼ÀÆgÀÄ, ¸ÉÆêÀĪÁgÀ, dįÉÊ 12, 2010 (DµÁqsÀ 21, ±À PÀ ªÀµÀð 1932) £ÀA. 802 URBAN DEVELOPMENT SECRETARIAT NOTIFICATION No. UDD 126 MLR 2009, Bangalore, Dated: 12 th July, 2010 The draft of the following rules further to amend the Karnataka Municipalities (Election of Councillors) Rules, 1977, which the Government of Karnataka proposes to make in exercise of the powers conferred by section 323 read with section 38 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), is hereby published as required by sub-section (1) of section 323 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette. Any objection or suggestion which may be received by the state Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Urban Development Department, Vikasa Soudha, Bangalore – 560 001. DRAFT RULES 1. Title and commencement.- (1) These rules may be called the Karnataka Municipalities (Election of Councilors) (Amendment) Rules, 2010. (2) They shall come into force from the date of their publication in the official Gazette. 2. Insertion of new rules 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O, 64P, 64Q, 64R, 64S, 64T, 64U, 64V, 64W, 64X, 64Y, 64Z, 64ZA, 64ZB, 64ZC and 64ZD.- In the said rules, after rule 64, the following new rules shall be inserted, namely:- “64A.Application of new rules 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O, 64P, 64Q, 64R, 64S, 64T, 64U, 64V, 64W, 64X, 64Y, 64Z, 64ZA, 64ZB, 64ZC and 64ZD and Design of Electronic Voting Machines.- (1) The provisions of rules 64A to 64ZD shall apply wherever electronic voting machine is used for the conduct of Elections. (2) Every electronic voting machine (hereinafter referred to as the voting machine) shall comprises of two units, there shall be a control unit and a balloting unit and shall be of such designs as may be approved by the State Election Commission. 64B. Preparation of voting machine by the returning officer.- (1) The balloting unit of the voting machine shall contain such particulars in Kannada language as the State Election Commission may specify. (2) The names of the candidates shall be arranged on the balloting unit in the same order in which they appear in the list of contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their father’s name or residence or in some other manner. (4) Subject to the foregoing provisions of this rule, the returning officer shall,- (a) fix the label, containing the names and symbol of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

Transcript of 29 - VOLUME - 22-07-2010 - 8081-8408 -...

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    URBAN DEVELOPMENT SECRETARIAT

    NOTIFICATION

    No. UDD 126 MLR 2009, Bangalore, Dated: 12th July, 2010

    The draft of the following rules further to amend the Karnataka Municipalities (Election of Councillors) Rules, 1977, which the Government of Karnataka proposes to make in exercise of the powers conferred by section 323 read with section 38 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), is hereby published as required by sub-section (1) of section 323 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette.

    Any objection or suggestion which may be received by the state Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Urban Development Department, Vikasa Soudha, Bangalore 560 001.

    DRAFT RULES

    1. Title and commencement.- (1) These rules may be called the Karnataka Municipalities (Election of Councilors) (Amendment) Rules, 2010.

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

    2. Insertion of new rules 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O, 64P, 64Q, 64R, 64S, 64T, 64U, 64V, 64W, 64X, 64Y, 64Z, 64ZA, 64ZB, 64ZC and 64ZD.- In the said rules, after rule 64, the following new rules shall be inserted, namely:-

    64A.Application of new rules 64A, 64B, 64C, 64D, 64E, 64F, 64G, 64H, 64I, 64J, 64K, 64L, 64M, 64N, 64O, 64P, 64Q, 64R, 64S, 64T, 64U, 64V, 64W, 64X, 64Y, 64Z, 64ZA, 64ZB, 64ZC and 64ZD and Design of Electronic Voting Machines.- (1) The provisions of rules 64A to 64ZD shall apply wherever electronic voting machine is used for the conduct of Elections.

    (2) Every electronic voting machine (hereinafter referred to as the voting machine) shall comprises of two units, there shall be a control unit and a balloting unit and shall be of such designs as may be approved by the State Election Commission.

    64B. Preparation of voting machine by the returning officer.- (1) The balloting unit of the voting machine shall contain such particulars in Kannada language as the State Election Commission may specify.

    (2) The names of the candidates shall be arranged on the balloting unit in the same order in which they appear in the list of contesting candidates.

    (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their fathers name or residence or in some other manner.

    (4) Subject to the foregoing provisions of this rule, the returning officer shall,-

    (a) fix the label, containing the names and symbol of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

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    (b) set the number of contesting candidates and close the candidate set section in the controlling unit and secure it with his seal and seals of such of the contesting candidates and their election agents present as are desirous of affixing the same.

    64C. Arrangements at the polling stations.- (1) Outside each polling station there shall be displayed prominently,-

    (a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and, when the polling area has more than one polling station, the particulars of the electors so entitled: and

    (b) a copy of the list of contesting candidates.

    (2) At each polling station there shall be set up one or more voting compartments in which the electors can record their votes free from observation.

    (3) The returning officer shall provide at each polling station one voting machine and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll.

    (4) Without prejudice to the provisions of sub-rule (3), the returning officer may, with the previous approval of the State Election Commission, provide one common voting machine for two or more polling stations located in the same premises.

    64D. Admission to polling stations.-The presiding officer shall regulate the number of electors, to be

    admitted at any one time inside the polling station and shall exclude therefrom all persons other than

    (a) polling officers;

    (b) public servants on duty in connection with the election;

    (c) persons authorised by the State Election Commission;

    (d) candidates, their election agents and subject to the provisions of rules 22 and 23, one polling agent of each candidate;

    (e) a child in arms accompanying an elector;

    (f) a person accompanying a blind or infirm elector, who cannot move without help, and,

    (g) such other person as the returning officer or the presiding officer may employ under sub-rule (2) of rule 64G or sub-rule (1) of 64H.

    64E. Preparation of voting machine for poll.- (1) The control unit or balloting unit of every voting machine used at polling station shall bear a label marked with-

    (a) the serial number, if any, and the name of the constituency;

    (b) the serial number and name of the polling station or stations as the case may be;

    (c) the serial number of the unit; and

    (d) the date of poll.

    (2) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that no vote has been recorded in the voting machine and it bears the paper seal referred to in sub-rule (4).

    (3) A paper seal shall be used for securing the control unit of the voting machine, and the presiding officer shall affix his own signature on paper seal and obtain thereon the signature of such of the polling agents as are desirous of affixing the same.

    (4) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of the voting machine and shall secure and seal the same.

    (5) The seal used for securing the control unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the result button without breaking the seal.

    (6) The control unit shall be closed and secured and placed in full view of the presiding officer and the polling agents and the balloting unit placed in the voting compartment.

    64F. Marked copy of the electoral roll.- Immediately before the commencement of the poll, the presiding officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be used during the poll does not contain,-

    (a) any entry other than that made in pursuance of rule 41-C; and

    (b) any mark other than the mark made in pursuance of rule 41-I.

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    64G. Facilities for women electors.- (1) Where a polling station is for both men and women electors, the presiding officer may direct that they shall be admitted to the polling station alternatively in separate batches.

    (2) The returning officer or the presiding officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the presiding officer generally in taking the poll in respect of woman electors, and in particular, to help frisking any woman elector in case it becomes necessary.

    64H. Identification of electors.- (1) The presiding officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

    (2) As each elector enters the polling station, the presiding officer or the polling officer authorised by him in this behalf shall check the electors name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

    (3) Where the polling station is situated in a ward electors of which have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960 made under the Representation of People Act, 1950, (Central Act 43 of 1950) the elector shall produce his identity card before the presiding officer or the polling officer authorised by him in this behalf.

    (4) In deciding the right of a person to cast his vote, the presiding officer or the polling officer, as the case may be, shall over-look merely clerical or printing errors in any entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates.

    64I. Facilities for public servants on election duty.- The provisions of rule 64H shall not apply to any person who produces at the polling station an election duty certificate in Form 14 and seeks permission to cast his vote at that polling station although polling station is different from the one where he is entitled to vote.

    (2) On production of such certificate, the presiding officer shall,-

    (a) obtain thereon, the signature of the person producing it;

    (b) have the persons name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and

    (c) permit him to cast his vote in the same manner as any elector is entitled to vote at the polling station.

    64J. Challenging the identity.- (1) Any polling agent may challenge the identity of a persons claiming to be a particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge.

    (2) On such deposit being made, the presiding officer shall,-

    (a) warn the persons challenged of the penalty for impersonation;

    (b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry;

    (c) enter his name and address in the list of challenged votes in Form 15; and

    (d) require him to affix his signature in the said list.

    (3) The presiding officer shall thereafter hold a summary enquiry into the challenge and may for that purpose,-

    (a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence of proof of his identity.

    (b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and

    (c) administer an oath to the person challenged and any other person offering to give evidence.

    (4) If, after the inquiry, the presiding officer considers that the challenge has not been established he shall allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting.

    (5) If the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to Government and in any other case, returned to the challenger at the conclusion of the enquiry.

    64K. Safeguards against impersonation.- (1) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer or the polling officer and an indelible ink mark to be put on it.

    (2) If any elector-

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    (a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or

    (b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 64H he shall not be allowed to vote.

    (3) Where a poll is taken simultaneously in a Parliamentary Constituency and or Assembly Constituency and a ward, an elector whose left finger has been marked with indelible ink or who has produced his identity card at one such election, shall not withstanding anything contained in sub-rules (1) and (2) be permitted to cast his vote for the other election.

    (4) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses.

    64L. Procedure for voting by voting machines.- (1) Before permitting an elector to vote, the polling officer shall,-

    (a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in form 20A.

    (b) obtain the signature or the thumb impression of an elector on the said register of votes; and

    (c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote:

    Provided that no elector shall be allowed to vote unless he has put his signature or thumb impression on the register of voters.

    (2) Notwithstanding anything contained in sub-rule (1), it shall be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the register of voters.

    64M. Maintenance of secrecy of voting by electors within the polling station and voting procedures.- (1) Every elector who has been permitted to vote under rule 64L shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

    (2) Immediately on an elector is permitted to vote the presiding officer or the polling officer in charge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit; for recording of electors vote.

    (3) The elector shall thereafter forthwith,-

    (a) proceed to voting compartment;

    (b) record his or her vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he or she intends to vote; and

    (c) come out of the voting compartment and leave the polling station.

    (4) Every elector shall vote without undue delay.

    (5) No elector shall be allowed to enter the voting compartment when another elector is inside it.

    (6) If an elector who has been permitted to vote under 64L or 64P refuses after warning given by the presiding officer to observe the procedure laid down in sub-rule (3), the presiding officer or a polling officer under the direction of the presiding officer shall not allow such elector to vote.

    (7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated shall be made against the electors name in the register of voters by the presiding officer under his signature.

    64N. Recording of votes of blind or infirm electors.- (1) If the presiding officer is satisfied that owing to the blindness or other physical infirmities an elector is unable to recognise the symbol on the balloting unit of the voting machine or unable to record his or her vote by pressing the appropriate button thereon without assistance, the presiding officer shall permit the elector to take with him or her a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes:

    Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

    Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare that he will keep the secret vote recorded by him

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    on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day.

    (2) The presiding officer shall keep a record in Form 15-A of all cases under this rule.

    64O. Elector deciding not to vote.- If an elector, after his electoral roll number has been duly entered in the register of voters, and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 64L, decides not to record his or her vote, a remark to this effect shall be made against the said entry in the register of voters by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.

    64P. Tendered votes.- (1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper, which shall be of such design, and the particulars of which shall be in Kannada as the State Election Commission may specify.

    (2) Every such elector shall before being supplied with tendered ballot paper write his or her name against the entry relating to him or her in Form 19B.

    (3) Every voter receiving the ballot paper shall forthwith,-

    (a) proceed to the voting compartment;

    (b) record there his or her vote on the ballot paper by placing a cross mark X with the instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;

    (d) show to the presiding officer, if required, the distinguishing mark on the balloting paper;

    (e) give it to the presiding officer who shall place it in a cover specially kept for the purpose; and

    (f) leave the polling station.

    (4) If owing to blindness or physically infirmities, such elector is unable to record his vote without assistance, the presiding officer shall permit him to take with him a companion, subject to the same condition and for following the same procedure as laid down in rule 64N for recording the vote in accordance with his wishes.

    64Q. Presiding Officers entry in the voting compartment during poll.- (1) The presiding officer may whenever he considers it necessary so to do, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with in any way.

    (2) If the presiding officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.

    (3) Whenever the presiding officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.

    64R. Closing of the poll.- (1) The presiding officer shall close a polling station at the hour fixed in that behalf under rule 48 and shall not thereafter admit any elector into the polling station.

    Provided that all the electors present at the polling station before it is closed shall be allowed to cast their votes.

    (2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the presiding officer and his decision shall be final.

    64S. Account of votes recorded.- (1) The presiding officer shall at the close of the poll prepare an account of votes recorded in Form 17A(EVM) and enclose it in a separate cover with the words Account of Votes Recorded superscribed thereon.

    (2) The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in Form 17A(EVM) after obtaining receipt from the said polling agent therefor and shall attest it as a true copy.

    64T. Sealing of voting machine after poll.- (1) As soon as practicable after the closing of the poll, the presiding officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit;

    (2) The control unit and the balloting unit shall thereafter be sealed, and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seals.

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    (3) The Polling agents present at the polling station, who desire to affix their seals shall also be permitted to do so.

    64U. Sealing of other packets.- (1) The presiding officer shall then make into separate packet,-

    (a) the marked copy of the electoral roll;

    (b) the register of voters;

    (c) the cover containing the tendered ballot papers and the list in Form 16;

    (d) the list of challenged votes; and

    (e) any other papers directed by the State Election Commission to be kept in a sealed packet.

    (2) Each packet shall be sealed with the seal of the presiding officer and with the seal either of the candidate or his election agent or his polling agent who may be present at the polling station and may desire to affix his seal thereon.

    64V. Transmission of voting machines, etc., to the returning officer.- (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place, as the returning officer may direct.-

    (a) the voting machine;

    (b) the account of votes recorded in Form 17A(EVM).

    (c) the sealed packets referred to in Rule 64U.

    (d) all other papers used at the poll.

    (2) The returning officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for the safe custody until the commencement of the counting of votes.

    64W. Procedure on adjournment of poll.- (1) If the poll at any polling station is adjourned under rule 32 or 32A, provisions of rules 64S to 64V shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 52.

    (2) When an adjourned poll is recommended under rule 32A the electors who have already voted at the poll so adjourned shall not be allowed to vote again.

    (3) The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll, register of voters and a new voting machine.

    (4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors who are allowed to vote at the adjourned poll.

    (5) The provisions of rule 64A to 64V shall apply in relation to the conduct of an adjourned poll before it was so adjourned.

    64X. Closing of voting machine in case of booth capturing.- Where the presiding officer is of the opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall immediately close the controlling unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit.

    64Y. Scrutiny and inspection of voting machines.- (1) The Returning Officer may have the control units of the voting machines at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

    (2) Before the votes recorded in any control unit of voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.

    (3) The Returning Officer shall satisfy himself that none of the voting machines has in fact been tampered with.

    (4) If the Returning Officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 32, or rule 32A or rule 33, as may be applicable in respect of the polling station or stations where that machines was used.

    64Z. Counting of votes where electronic voting machines have been used.- (1) In relation to the counting of votes at a polling station, where voting machine has been used the provisions of rule 52,58 to 61 shall mutatis mutandis apply.

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    (2) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein by pressing the appropriate button marked Result provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of such candidate on the display panel provided for the purpose in the unit.

    (3) As the votes polled by each candidate are displayed on the controlling unit, the returning officer shall have,-

    (a) the number of such votes recorded separately in respect of each candidate in Part II on Form 17A(EVM).

    (b) Part II of Form 17A(EVM) completed in all respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present and corresponding entries made in a result sheet in Form 17B and the particulars so entered in the result sheet announced.

    64ZA. Scrutiny and inspection of voting machines.- (1) The Returning Officer may have the control units of the voting machines at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

    (2) Before the votes recorded in any control unit of voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.

    (3) The Returning Officer shall satisfy himself that none of the voting machines has in fact been tampered with.

    (4) If the Returning Officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 32, or rule 32A or rule 33, as may be applicable in respect of the polling station or stations where that machines was used.

    64ZB. Sealing of voting machines after ascertaining result.- (1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 17A(EVM) under rule 62-A, 64 and 66 the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix the seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.

    (2) The controlling unit so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely:-

    (a) the name of the ward

    (b) the particulars of the polling station or stations where the control unit has been used;

    (c) serial number of the control unit;

    (d) date of poll; and

    (e) date of counting;

    (3) the provisions of rules 59 to 62-B shall, so far as may be, apply in relating to voting by voting machines and any reference in those rules to.-

    (a) ballot paper shall be construed as including a reference to such voting machine;

    (b) any rule shall be construed as a reference to the corresponding rules 3 to 65 or to rules 64A to 64ZD, as the case may be.

    64ZC. Custody of voting machines and papers relating to election.- (1) All voting machines used at an election shall be kept in such custody as the commissioner, State Election Commission, Karnataka may direct.

    (2) All voting machines used at an election shall be kept in the custody of the concerned district election officer.

    (3) The district election officer shall keep in safe custody,-

    (a) the packets of the marked copy of the electoral roll;

    (b) the packets of the declarations by electors and the attestation of their signatures

    (c) the packets containing register of voters in Form 20A, including voters slip;

    (d) the packets of the declarations by electors and the attestation of their signatures.

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    64ZD. Applicability of Central Rules, statutory orders, etc.,- Without prejudice to the foregoing provision, wherever no specific provisions are not made in these rules, the provisions of the Conduct of Elections Rules, 1961 made under the Representation of People Act, 1951 as amended from time to time and instructions, statutory orders and clarifications issued by the Election Commission of India shall mutatis mutandis apply for the cases under these rules.

    3. Insertion of new forms 17A and 17B. In the said rules, after Form 17 the following new forms shall be inserted, namely:-

    Form 17A(EVM)

    (See rules 64S and 64Z)

    PART I. ACCOUNT OF VOTES RECORDED

    Election to the Councillor of CMC/TMC/TP from .. ward No. and Name of Polling Station .

    Identification No. of Voting Control Unit

    Machine used at the Polling Station Balloting Unit:-

    1. Total No. of electors assigned to the Polling Station

    2. Total No. of voters as entered in the Register for Voters(Form 27)

    3. No. of voters deciding not to record votes under rule 80-O

    4. No. of voters not allowed to vote under Rule 80M.

    5. Total No. of votes recorded as per the voting machine.

    6. Whether the total No. of votes as shown against item 5 tallies with the Total No. of voters as shown against item 2 minus Nos. of voters deciding not to record votes as against item 3 minus No. of voters as against 4 (2-3-4) or any discrepancy noticed.

    7. No. of voters to whom tendered ballot papers were issued under rule 80P.

    8. No. of ballot papers

    (a) received for use

    (b) issued to electors

    (c) not used and returned

    9. Account of paper seals

    From To Signature of polling agents 1. Sl. Nos of paper seals supplied From. To 1. 2. Total numbers supplied 2. 3. Number of paper seals used 3. 4. Number of unused paper seals returned to Returning Officer 4. 5. Serial number of damaged paper seal if any 5. __________________________________________________________________________________________________ Date.. Signature of the Presiding Officer Place Polling Station No.

    PART II. RESULT OF COUNTING

    Sl No. Name of Candidate No. of votes recorded

    1. 2. 3.

  • 8089

    4. 5. 6. Total

    Whether the total numbers of votes shown above tallies with the total number of votes shown against item 5 of Part I or any discrepancy noticed between the two totals __________________________________________________________________________________________________

    Signature of the Counting Supervisor Name of candidate/election agent/counting agent

    Full signature Place Date 1. 2. 3. 4. 5. 6. 7. 8. __________________________________________________________________________________________________ Place : Signature of the returning officer Date:

    FORM 17B (EVM) (See rule 64Z)

    FINAL RESULT SHEET

    (To be used for recording the result of voting at polling stations other than notified polling stations)

    Election to the Councillor of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CMC/TMC/TP From. . . . . . . . . . . . . . . . . . . . . .ward Name of the ward: . . . . . . . . . . . Total Number of electors in ward . . . . . . . . . . .

    Sl No. of No. of valid votes Total of No. of rejected Total No of tendered Polling cast in favour of valid votes votes votes Station A B C (1) (2) (3) . TOTAL No. of votes recorded at Polling Stations. No. of votes recorded on postal ballot papers. (To be filled in the case of election from a ward) TOTAL votes polled. Place. . . . . . . . . . . Date. . . . . . . . . . . Returning Officer - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -

    4. Insertion of new form 19B.- In the said rules, after Form 19A the following new form shall be inserted, namely:-

  • 8090

    Form19B (See rule 64P)

    List of tendered votes Election to the councillor of . . . . . . . . . . . .City Municipal Council/Town Municipal Council/Town Panchayath from . . . . . . . . . . . .Ward No. and Name of the Polling Station . . . . . . . . . . . . . . Part No. of Electoral roll . . . . . . . . . . . . . . . . . . . . . . . .

    Sl No Name of elector

    Sl.No. of elector in electoral roll

    Sl.No. in Register of voters (Form 20A) of persons who

    has already voted in place of elector

    Signature/Thumb impression of elector

    1. 2. 3. 4. 5. 6. . . etc

    5. Insertion of new form 20A.- In the said rules after Form 20 the following new form shall be inserted, namely:-

    Form 20A (See rule 64L(1)(a))

    Register of voters

    Election to the Councillor of . . . . . . . . . . . . CMC/TMC/TP from . . . . . . . . . . . .Ward No. and Name of

    Polling station . . . . . . . . . . . .Part No. of Electoral Roll. . . . . . . . . . . . . .

    Sl. No. Sl. No. of elector in

    the electoral roll Signature/Thumb

    impression of elector Remarks

    1. 2. 3. 4. etc.

    Date . . . . . . . . . . . . Signature of the Presiding Officer

    By order and in the name of the Governor of Karnataka, C.R. RAVINDRA

    Under Secretary to Government Urban Development Department

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  • 8091

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    (2) E, CPv gdvz Plz APAz ejU gvPz.

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    "(3) .JZ.r CvAi ArU gvVg Pt ESAi z Cx U P Az U-J CPjU gvr PlP Ai U-J CPjUU C vPz."

    PlP gdg Dzg v Cg j, .gAit

    Pgz Cs PAiz DyP ES ( U-1)

    FINANCE SECRETARIAT

    NOTIFICATION

    No. FD 5 SRA 2008, Bangalore, Dated: 6th July, 2010

    Whereas the draft of the following rule further to amend the Karnataka Civil Services (Deputation for prosecution of higher studies and training leave to Group-A Officers) Rules 2008, was published as required by clause(a) of sub-section-(2) of Section 3 read with section 8 of the Karnataka Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. FD 05 SRA 2008 dated 21

    st April 2010 in Part-IVA of the

    Karnataka Gazette dated 21st April 2010 inviting objection and suggestions from all persons likely to be

    affected thereby within fifteen days from the date of its publication in the Official Gazette.

    Whereas the said Gazette was made available to the public on dated 21st April 2010.

    And whereas, no objections and suggestions have been received by the State Government.

    Now, therefore, in exercise of the powers conferred by sub-section(1) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the Government of Karnataka hereby makes the following rule, namely:-

    RULES

    1. Title and commencement: (1) These Rules may be called the Karnataka Civil Services (Deputation for prosecution of higher studies and training leave to Group-A Officers) (1

    st Amendment) Rules, 2010.

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

  • 8092

    2. Amendment of Rule 1:- In Rule 1 of the Karnataka Civil Services (Deputation for prosecution of higher studies and training leave to Group-A Officers) Rules, 2008 for sub-rule (3), the following shall be substituted, namely:-

    (3) They shall apply to Group-'A officers of the State Civil Services other than the Group A Officers who have been appointed to a post or service in Education Department for which requirement of Ph.D. is a pre-condition for service advancement.

    By order and in the name of the Governor of Karnataka, P. NARAYANA

    Under Secretary to Government Finance Department (Services-1)

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  • 8093

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    CzgAv F Dz

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    ( AiU-1)

  • 8094

    PERSONNEL & ADMINISTRATIVE REFORMS SECRETARIAT

    N O T I F I C A T I O N

    No. DPAR 11 SRR 2010, Bangalore, dated : 2nd July, 2010

    The draft of the following rules further to amend the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules,1997, which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (a) of sub-section (2) of section 3 of the said Act, for the information of persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.

    Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore-560 001.

    DRAFT RULES

    1. Title and Commencement:- (1) These rules may be called the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) (Amendment) Rules, 2010.

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

    2. Amendment of rule 7:- In the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997, in rule 7, in sub-rule (1) for the words Bachelors Degree the words Bachelors Degree or Masters Degree shall be substituted.

    By Order and in the name of the Governor of Karnataka DEVARAJU

    Under Secretary to Government, Department of Personnel & Administrative Reforms,

    (Service Rules-1)

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  • 8095

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  • 8096

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  • 8097

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  • 8098

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  • 8099

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  • 8100

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  • 8101

    Pgz Dz AS : MWD 193 WES 2009, AUg, AP 13 d 2010

    Aq Ai j, Pg PlP gd P AqAi gzwAi CAi P 99(3)(a) CrAi AP: 19-09-2010ggU Azg U JA.J. A, L..J.

    qn EPg dg Ds , PAz-1, r.f. v L.f.. Pbj AUg, Eg PlP gd P AqAi DqvPjAiV AP: 19-09-2010ggU Azg Dz gr Vz.

    PlP gdg Deg v Cg j, J.J.

    Pgz C PAiz C ASvg P t ES

    wP

    sU III AUg, Ugg, d 15, 2010 (Dqs 24, P 1932) A. 815

    fPjUg PAiiAi, ztUg f , ztUg. v-2

    [12(2) Ai r]

    C Z

    AS gZ Dg.77/2010-11, AP : 14-7-2010.

    1993 g PlP AZAiv ge CAiz GAzsU gU U AZAiw wP Zu 2010 g Avg DAiAiiUz S Gg ztUg fAi jg vQ PPtz PvUAz U AZAiwU z g U vA Zu q PVz.

    vP U AZAiw AS U g

    Pvz AS U g U AS

    3.GPqUw-1 3 jg 15.PqgAi

    4.GPqUw-2 3

    DzzjAz PlP AZAiv ge (ZuU q) AiU 1993g 12 AiPgV ztUg f Ai fPjAiiz .J. z JA j zj ZuU AAz F PPAq PAiP nAi F P Ur v.

    (J) vU PAi AP v

    21-07-2010 (zsg)

    () vU j AP v

    22-07-2010 (Ugg)

    () GzjPU AvUzP PAi AP v

    24-07-2010 (g)

    (r) vz Czg, vz q Pz AP, v Ai

    01-08-2010 ( sg)

    U 7.00 UAmAz AiAP 5.00 UAmAigU

    (E) ZuAi Aii APP AZ PAiU P D AP v

    05-08-2010 (Ugg)

    .J. z

    fPjU, ztUg f.

  • 8102

    wP

    sU III AUg, Ugg, d 15, 2010 (Dqs 24, P 1932) A. 816

    fPjUg PAiiAi, ztUg f , ztUg. v-2

    [12(2) Ai r]

    C Z

    AS gZ Dg.77/2010-11, AP : 14-7-2010.

    1993 g PlP AZAiv ge CAiz GAzsU gU U AZAiw wP Zu 2010 g ZuAi DAiAiiz C syAi gtAz vgVg ztUg fAi vQ PPtz PvUAz U AZAiwU z g U vA Zu q PVz.

    vP U AZAiw AS U g

    Pvz AS U g U AS

    41. 6.Lg 1

    DzzjAz PlP AZAiv ge (ZuU q) AiU 1993g 12 AiPgV ztUg f Ai fPjAiiz .J. z JA j zj ZuU AAz F PPAq PAiP nAi F P Ur v.

    (J) vU PAi

    AP v 21-07-2010 (zsg)

    () vU j AP v

    22-07-2010 (Ugg)

    () GzjPU AvUzP PAi AP v

    24-07-2010 (g)

    (r) vz Czg, vz q Pz AP, v Ai

    01-08-2010 ( sg)

    U 7.00 UAmAz AiAP 5.00 UAmAigU

    (E) ZuAi Aii APP AZ PAiU P D AP v

    05-08-2010 (Ugg)

    .J. z fPjU, ztUg f.

    wP

    sU III AUg, Ugg, d 15, 2010 (Dqs 24, P 1932) A. 817

    fPjUg PAiiAi, ztUg f , ztUg. v-2

    [12(2) Ai r] C Z

    AS gZ Dg.77/2010-11, AP : 14-7-2010. 1993 g PlP AZAiv ge CAiz GAzsU gU U AZAiw wP

    Zu 2010 g Avg DAiAiiUz S Gg ztUg fAi ZVj vQ PPtz PvUAz U AZAiwU z g U vA Zu q PVz.

  • 8103

    vP U AZAiw AS

    U g Pvz AS U g

    U AS

    ZVj 8. U 3.Uqz P 1

    DzzjAz PlP AZAiv ge (ZuU q) AiU 1993g 12 AiPgV ztUg f Ai fPjAiiz .J. z JA j zj ZuU AAz F PPAq PAiP nAi F P Ur v.

    (J) vU PAi

    AP v 21-07-2010 (zsg)

    () vU j AP v

    22-07-2010 (Ugg)

    () GzjPU AvUzP PAi AP v

    24-07-2010 (g)

    (r) vz Czg, vz q Pz AP, v Ai

    01-08-2010 ( sg)

    U 7.00 UAmAz AiAP 5.00 UAmAigU

    (E) ZuAi Aii APP AZ PAiU P D AP v

    05-08-2010 (Ugg)

    .J. z

    fPjU, ztUg f. wP

    sU IV-A AUg, Ugg, d 15, 2010 (Dqs 24, P 1932) A. 818

    PERSONNEL & ADMINISTRATIVE REFORMS SECRETARIAT

    NOTIFICATION

    No. DPAR 192 SLU 2009, Bangalore, Dated: 15th July, 2010

    PREAMBLE:

    WHEREAS Sri B.S.Yeddyurappa, Chief Minister has recommended that Justice Sri S.B.Majage, former Judge of the High Court of Karnataka, may be appointed as Upalokayukta of Karnataka;

    WHEREAS this recommendation has been made after consulting the Chief Justice of High Court, the Speaker, Legislative Assembly, the Chairman, Legislative Council and Leaders of Opposition in both Houses of the Karnataka Legislature.

    O R D E R

    Now, therefore, in exercise of the powers vested in me under Section-3 of the Karnataka Lokayukta Act, 1984 (Karnataka Act No.4 of 1985), I, H.R.Bhardwaj, Governor of Karnataka, hereby appoint Justice Sri S.B.Majage, former Judge of the High Court of Karnataka, as the Upalokayukta of Karnataka State.

    Sd/-

    H.R.BHARDWAJ GOVERNOR OF KARNATAKA.

    By Order and in the name of the Governor of Karnataka,

    P. MARKANDEYA Under Secretary to Government,

    Department of Personnel and Administrative Reforms (Service Rules-2).

  • 8104

    wP

    sU IV-A AUg, Ugg, d 15, 2010 (Dqs 24, P 1932) A. 819

    KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT

    NOTIFICATION

    No. KLA/LGA/133/Bill/2010, Bangalore, Dated: 15th July, 2010

    The following Bill was introduced in Legislative Assembly on 15.7.2010.

    THE KARNATAKA INFORMATION TECHNOLOGY INVESTMENT REGIONS BILL, 2010

    (L.A. Bill No. 17 of 2010)

    PlP zs s g zss

    Dg C

    PlP iw vAve rP zU zsAiP, 2010

    (2010g zs sAi zsAiP AS 17)

    rPAi v zPV v gsU a U GzUP P , PlP gdz iw vAve rP zU zPV GAzs P MAz zsAiP.

    PlP gdz iw vAve (Ln), iw vAve gP U (LnEJ), z q g Gvz (EZJA) WlPU rPAi v z, gsU a z v GzUP Pz AiPVgzjAz;

    Ez, sgv Utgdz CgvAz z PlP gd zsAqAz F AAv CAivUvPz:-

    CzsAi - I

    xP

    1. AQ g v gA s.- (1) F CAi PlP iw vAve rP zU CAi, 2010 JAz PgAivPz.

    (2) Ez, gd Pg C ZAi P Uvr zzAx APAz ejU gvPz.

    2. j sU.- F CAiz, Az s Cx CUvrz gv,-

    (1) ``Pg'' JAzg, PlP PUjP z C CAi, 1966g (1966g PlP CAi 18) CrAi gavz PlP PUjP z C Aq, PlP U Aq CAi, 1962g (1963g PlP CAi 10) CrAi gZAiiz PlP U Aq v Aiiz jAz PgAiU, s rP CPvU z CAx Evg Pg Cx Aq;

    (2) ``Aq'' JAzg, 8 Pgtz CrAi gZAiiz Aq;

    (3) ``R PAiu CPj'' JAzg, AqAi R PAiP CPj;

    (4) ``CPg Cx -CPg'' JAzg, gzP Ai P gd Pg, CPg Cx -CPg JAz DAiirz CPg Cx -CPg;

    (5) ``PAi zsv g'' JAzg, 3 Pgtz (1) G Pgtz CrAi zr z PAi zsv g;

  • 8105

    (6) ``GvPg w'' JAzg, AP v iw vAve AvAi, z Ezg 2008g 28 APz PAiw tAiPg sgv Pg gaz GvPg w;

    (7) ``iw vAve rP zU (LnLDgJ)'' JAzg, 3 Pgtz CrAi W z iw vAve rP zU;

    (8) ``q ES'' JAzg, gd Pgz iw vAve, eP vAve U e v vAve ES;

    (9) ``PAiw tAi'' JAzg, sgv Pgz gdvz 2008g 28gAz Plz, AP v iw vAve AvAi (iw vAve ES) grz iw vAve

    rP zU (LnLDgJ) zPV PAiw tAi;

    (10) ``gd lz CPg w'' JAzg, 12 Pgtz CrAi gavz gd lz CPgz/ CPv w;

    CzsAi - II

    iw vAve rP zU Wu

    3. iw vAve rP zU Wu.- gd Pg, iw vAve rP z zPV P (PAivg sU r) Ugw vPz v AidAi vAiij PAz Pgz CzU vPz. F GzPV, P KeAi P, Evg AiUAU, F PVU MU, MAz PAizsv gAi vAiij zPV vAwP-DyP PAizsv PAiAz q vPz, JAzg:-

    (J) v zz Ur Ugv iqz;

    () CUvg PAiz g v ;

    () s P zs JAzg, iw vAve, PUjP, td, , D vU, U, GzU, g U EvUAx, r z s PUUV Er z sV z;

    (r) r z s U AAzsz, PU V Ugw v MUAq z, JvgP AAz AzsU v sg gs EAmdg (JsJL) EAx C izAqU Pq MU MAz AidAi zr z;

    (E) s vAi v PAiU CAi A s Z, Er AidAi Jgq AvUV ir, Czg z Av C av zz Pq Evg gvPz.

    (2) P sgv Pgz CzAi qz vgAi, gd Pg, C ZAi P, i PAi v Av U P P iw vAve, iw vAve gP U, z qg Gvz WlPU rPAi v GzPV iw vAve rP zU (LnLDgJ) W z.

    (3) iw vAve rP zU,-

    (J) AAifv U v sv PAiUAU iw vAve/iw vAve U v z qg Gvz WlPU (EJZJA WlPU) sU, zPV Aif z, CAzd P v Zzg QlgU zzAU rP zU V PAi ggvPz;

  • 8106

    () Gvz WlPU, dP GAiPvU, vAv, (VP) j g AgPu U, zU v DqvvP U AAidAiiVgvPz;

    () vAvU v Evg U v CUvz sUAU iw vAve/iw vAve xU U v z qg Gvz WlPU sU U vP U A gt sU AgvPz;

    (r) , td v Evg ifP U AP PAiU MUArg A guvg z AgvPz;

    (E) j z Ml zz P Pq vg Agu z AgvPz. CAx A gt z MAzPAz A PArgz Cx APArz Egz;

    (Js) gd Pg, F CAizrAi zsPV C az MAz Cx Z DyP AiU (JEeqJ), PUjP PU, P g v GUt AiU, gs Dzsjv WlPU, Cx C PAzU MUz. ejAig AAzsl CAiU Cx PAiw/ Cx PAiwUrAi sg J AidU, iw vAvez rP zU MAz sUV zj AiUU Cx Az sg PUU sUz AzgAivPz;

    (f) ejAig MAzU / PUjPU v J lU / U MUvPz v zAz AidUvPz v CzP gPVgvPz;

    (Z) AAifv GUgU Pq MUvPz.

    (4) wAiAz iw vAve rP z, iw vAve rP zU Ai vz v vP P gv (DAPjAU) iw vAve / iw vAve gP U v z qg Gvz WlPU Agz.

    (5) PlP dP AUuU gzPv CAi, 1999 g (2000z PlP CAi 29) GAzsUUgV gzP Ai P, gd Pg DAiirz CPg Cx CPgg Cx -CPgg MAz iw vAve rP zU DAvjP PAiU vPz v vPz. APU sgv Pg v gd Pg MzV vPz.

    (6) UAi DAvjP PAiz Pzgg, Czg PUV, PAz Cx gd Pg DAiAi AU P A Ai Ai gvr, t AzAi iqvPz.

    (7) (2) G PgtzrAi WuAi vgAi, v iw vAve rP zU U z, CzgrAi r Vz AzsUUgV P sAz PAivg sAiiV jw CUvPz.

    (8) gd Pg, CAx iw vAve rP zUU, dP g U, GzU v GAiP APUAx dP PAiU MUAq PAiU, Ai z P wAiU MzV vPz.

    (9) AidAi P C RavU zPV, Aii GzPV W z sAi rPVzAi D GzPV qvPz.

  • 8107

    4. gd Pg MzV Pz sU.- (1) gd Pg iw vAve rP zUU F A PAiU MzVvPz, CUAzg:-

    (J) zZQ AP P z v z U Gv Utlz zZQAi sv. WlPU, gd zv AiAvt DAiUz AiU CAi P CP Pgz.

    () Mmg j CUvvU MzV z;

    () g AP P z (gd g U) v wgz i tP jU AP P z;

    (r) iw vAve rP zU vAz, CAw UgU MZgAr v P g A gu AP zsU;

    (E) DgU, gPv v jg PfU AAzAv P PAiU;

    (Js) P v P sU;

    (f) PtP sU;

    (JZ) DgU sU;

    (L) Ai td sU;

    (e) gAd sU;

    (P) ifP-A wP v gAd sU; U

    (J) Ai zz Evg Aiiz s.

    (2) j g v Cgt AvAi Aiz iPU v UtlU C jvPz JAz gd Pg Rav rPvPz.

    (3) (1) G Pgtz r z sU CUg P gd Pg MzV vPz. DzU, PAiw tAiz a zAv PAz Pg g qvPz.

    5. vzsU Zj PdU.- gd Pg, iw vAve rP zU CUV v iw vAve rP zU Vg iw vAve/iw vAve gP U / z qg Gvz WlPUUV vzsU Zj Pd (U) C a z.

    CzsAi - III

    iw vAve rP zUUV s v v AaP

    6. iw vAve rP zUUV s v.- (1) q ESAz Pjz vgAi, iw vAve rP zUU, AqAi P, v ZU Aiizzg Ez, CU CUg Cx - CUg w zP Ml,-

    (J) s CAi, 1894g GAzsUU CgV gd Pg; Cx

    () Pgz P, CAx PgP CAiU PU CgV;

    - s vAi iqvPz.

    (2) gd Pg Cx Az sg Pg (1) G Pgtz CrAi U rPAq sAi, AqU Uu iqvPz U vzAvg CAx sAi AqAi vUvPz.

  • 8108

    7. AqAz s AaP.- (1) AqAi, Ai zzAx AzsU v gvUUl, 8 Pgtz (4) G Pgtz () RAqzrAi AqAi zrz AidUg F CAizrAi C GzUUV, CUgU CUvz sAi Uu iqvPz.

    (2) AidU CgV sAi Crz vgAi, CUg, Ai zzAx AizU C Az sAi P Pq Jvz GzzgjU igl iqvPz.

    CzsAi - IV

    AqAi gZ v Czg PAiU

    8. AqAi gZ v Czg PAiU.- (1)gd Pg, wAiAz iw vAve rP zUU, F AgUUAq MAz AqAi ga vPz, JAzg:-

    (J) iw vAve v eP vAvez sgzg ag - CzsPg () Pgz zs PAizU, iw vAve v eP vAve - GzsPg () Pgz zs PAizU, DyP ES - z g (r) Pgz zs PAizU, Ug ES - z g (E) Pgz zs PAizU, EAzs ES - z g (Js) Pgz zs PAizU, td v PUjP ES - z g (f) Pgz zs PAizU, PAzAi ES - z g (JZ) Pgz zs PAizU, d A ES - z g (L) z PAiz, PlP gd i AiAvt Aq. - z g (e) R PAiuPj z

    PAiz

    (2) AqAi AAzsl iw vAve rP zz U Aiiz Ai jUt wgU, AqAi AAzsl CUg Cx -CUg z V evU jPz.

    (3) AqAi, z j, gAvg Gvgzv Uv PAiVgvPz v Zg v g vUgq Df , zsgt iq, iq CPg U MAz i g AgvPz U zj jAz z qvPz Cx zU UjAiiUvPz.

    (4) AqAi, F A PAiU gj vPz, JAzg:-

    (J) Ez iw vAve rP zU C v uU djAiiVgvPz.

    () Ez gd lz CzU qvPz/ vjvUvPz.

    () PlP lt v UiAvg Aid CAi, 1961g CgV AAifv G Ug, A gu v A guvg zUUV z Pj gz MAz i AidAi v AizzAx Evg gU zr vPz.

    (r) Ai zzAx PwAiU CAx MUAi qz vgAi iw vAve rP zz WlPU zPV U C vPz.

  • 8109

    (E) CUg Cx -CUgg DAi irP v iw vAve rP zz CUV MAzU irP CPg AgvPz.

    (Js) iw vAve rP zz, z v z EgrgAz rPU v zPV GAzs P vPz.

    (f) iw vAve rP zzU GvzU v CzjAz iq U gsUU v RavrPvPz.

    (JZ) Ez, iw vAve rP zzV WlPUU Cz qzPV v MU rPU CP irPq CPg AgvPz.

    (L) Ez, iw vAve rP zzAi PAiU v uAi jQ vPz.

    (e) Ez, iw vAve rP zzAi PAi/ vU PUV, Pzg Cx ZdU PAi Cx U Cx rUAi AiAw vPz.

    (P) Ez, iw vAve rP zzU UUV Gz U (JJ) Pq, Cx f Pg vAif CPg Z vPz.

    (J) Ez, Ai zzAx Evg Aiiz PAiU gj vPz.

    (5) AqAi v Uvr zzAx U v CAx CU s gvPz v vz Dz QAiU AiAw vPz.

    (6) AqAi Ml z g g MAz sUz z g PgA DUvPz v AqAi J wiU djz z g vAz wi vPz.

    (7) AqAi Aiiz PAi Cx guU, AqAi gZAiAi Aiiz S z Cx Aiiz vAi Pgt ivAz vPz.

    (8) AqAi J DzU v wiU U Ez grz J Evg Tv v, R PAiP CPjAi Ai P CitPj vPz.

    9. AqAi R PAi uPjAi P.- gd Pg sgvz Dqv Ai tU jg Mg CPjAi AqAi R PAi uPjAiV P iqvPz. R PAi u CPjAi AqAi z PAizAiiVgvPz.

    10. AqAi R PAiuPjAi PAiU, CPgU v PvU.- (1) CAiz v CzgrAi ga z AiU GAzsUU Ml, R PAi uPjAi,-

    (J) AqAi GzsPg i Zgu v AiAvtP Ml, AqAi CPjU v AU DqvvP AiAvt Z vPz;

    () AqAi DvU Pl J PAiU uAi Zgu v AiAvt AgvPz;

    () AqAi sU qUU AAzsl J PUzU v zRU CgPAi AgvPz;

    (r) AqAi Az t vUAivPz v lq iqvPz; v

    (E) Ai zzAx Evg PAiU gj vPz.

  • 8110

    (2) R PAiiuPjAi AqAi wAiAz sU dgUvPz v CAx sAi qU zRqAv iqvPz.

    11. AqAi CPjU v A.- (1) r zzAx AiUU Ml, AqAi, v GzPV CzAx CPjU v AAi P iqz.

    (2) (1) G Pgtz GT z CPjU v AU GU, svU v Evg gvU, AiU CrAi AqAi r zzAv EgvPz.

    12. gd lz CPg wAi gZ v Czg PAiU.- gd Pg, F Ag MUAq, MAz gd lz CPg wAi gavPz, JAzg:-

    (J) i R AwU - CzsPg () iw vAve v eP vAvez sgzg ag - GzsPg () v v zs PUjPU sgzg ag - z g (r) PlP Pgz R PAizU - z g (E) Pgz zs PAizU, iw vAve v eP vAve

    - z PAiz

    (2) gd lz CPg wAi F A PAiU gj vPz, JAzg:-

    (J) Ez, wAiAz iw vAve rP zz PAiU v uAi Zgu, jPu v ii iqvPz; v

    () P gU q zUU AAzsl AiU U jz; v

    () Ai zz Aiiz Evg PAiU gjvPz.

    CzsAi - V

    AqAi

    13. AqAi .- (1) AqAi, iw vAve rP z JAz PgAiU Ai AgvPz.

    (2) AqAi, F CAiz J Cx Aii GzUUV PAz Pg Cx gd Pg Cx MAz Ai Pg Cx Aii Q Cx UvVg Cx DUg PAiAz CzU, zs AiU, ztUU v zU Pj z.

    (3) F CAiz AzV AqAi Cx Czg gV Pj z J t, AqAi iglirz s Cx Aiiz Evg Cx w Gvw, AqU U J rUU, v J rU, sU v Evg t, E iw vAve rP z AiiVgvPz.

    (4) gd Pg Cx zz gv, P GAzsU r z v AqAi Ai sUVg J t v PwU sgwAi j AP Cx Aiiz C av APU ot EqvPz Cx gd Pg C zzAx szvU rP iqvPz.

    14. Ai AiU.- F CAiz GAzsUU Ml, AqAi J v v U U AqAi vU Evg J DU F CAiz GzUUV zsgtiqvPz v AiV vPz.

    15. PvU v Pjzs.- (1) AqAi, F CAizrAi AiU CUvr zzAv jAiiz P PU v Evg PU vPz v CAx AiUUg MAz P P gu v vAiij vPz.

  • 8111

    (2) AqAi gd Pg z zzAx QUAz v P PvU P jzs ir vPz.

    (3) AqAi PvU jz vgAi Dz U AqAi Czg wAi PjzsPg gAi wAiAU gd PgP P vPz v Ai z jwAi PvU Pn Av iqvPz v Czg wU P U iglP EqvPz. gd PgAz CU Pjz vgAi Dz U, Pjv PvU v gAi

    gd zs Aqz wAiAz zz Az Ar vPz.

    (4) gd Pg, PvU v PjzsPg gAi jz vgAi, qzzAx zU AqAi vPz.

    16. P g.- AqAi, wz PAiz vgAi, Ai zzAx Ai v CAx APzU, CAx z CAi v ZlnPU MAz gAi vAiij vPz U Cz gd PgP vPz v gd Pg CAx gAi wAi gd zsAqz G sAi zU Az Ar Av iqvPz.

    CzsAi - VI

    zAqU

    17. zAqU.- (1) AqAi, Aiiz Aiz CUg,-

    (J) F CAiz Cx CzgrAi ga z AiU GAzsUrAi, DvU z PAiU Cx PvU gj C xAz; Cx

    () F CAizrAi q z Aiiz z zP gAvgV vgAz; Cx

    () MAzz AzsU v gvU GAXgAz; Cx

    (r) MAzz P z PvU v uUjPU Dv tP jwAi AtV v PV gj C xV irz JAz U dP vQAi, U iqz CPU Ax U GAmVAiAz,

    - CAil, AqAi, CfAi , Cx CUg MUAz Cx Ez, Tvz PgtU zR, CUgU AdgVz MAz iw vAve rP zz z v zz t Cx sUPV MAz P gz CAigU CivU z v (2) G PgtzrAi gAv AzgAiz.

    (2) F CAi Cx CzgrAi ga z AiU Cx AiU GAzsU GAX Aiigg, Cgzs tAiz , Dv, MAz wAUgU j zz Pg Az Cx Lv g gUgU jzz dAiAU zArvUvPz.

    (3) (2) G Pgtz CrAi Cgzs tvz M QAi, AqU GAmz vAPq zVgvPz, vz v CAx QAz s PAzAi QUAv qz.

    18. UwUAi AzsU Cx gvU GAXzU Cx CPgz CU zsgt irzU z vU MUAqAv DgtU vAi ggA z.- (1) MAz PUjP zz Cx PUjP J n Aii DgtU Cx Czg sUz Cx z w AaP qz, AaPAi Aii AzsU Cx gvU GAXgAz Cx Aiiz CPgz Cz zsgt irgAz AqAi CAi l, Cz, 17 PgtP wPUzAv, CAx AaP qzU v Aiig gV, AqAi DgtU Cx z

  • 8112

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    KARNATAKA LEGISLATIVE ASSEMBLY

    THIRTEENTH LEGISLATIVE ASSEMBLY

    SIXTH SESSION

    THE KARNATAKA INFORMATION TECHNOLOGY INVESTMENT REGIONS BILL, 2010

    (L.A. Bill No. 17 of 2010)

    A Bill to provide for the establishment of information technology investment regions in the State of Karnataka to promote investment and to augment exports and generate employment.

    Whereas it is expedient to promote investment, boost exports and generate employment in the information Technology (IT), information Technology enabled services (ITES), Electronic Hardware manufacturing (EHM) units in the State of Karnataka;

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

    CHAPTER - I

    PRELIMINARY

    1. Short title and commencement.- (1) This Act may be called the Karnataka Information Technology Investment Regions Act, 2010.

    (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:-

    (1) Authority means the Karnataka Industrial Area Development Board constituted under the Karnataka Industrial Area Development Act, 1966( Karnataka Act, 18 of 1966), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962, (Karnataka Act, 10 of 1993) and such other Authority or Board, by whatever name called, empowered to acquire land;

    (2) Board means the Management Board Constituted under section 8;

    (3) Chief Executive Officer means the Chief Executive Officer of the Board;

    (4) Developer or Co-developer means a Developer or Co-developer who has been selected as such by the State Government through a transparent mechanism;

    (5) Feasibility report means the Feasibility report prepared under sub-section (1) of section 3;

    (6) High Powered Committee means the High Powered Committee constituted by the Government of India vide Policy Resolution dated 28

    th May 2008 of the Ministry of Communication and

    Information Technology, New Delhi;

    (7) Information Technology Investment Regions (ITIRs) means the Information Technology Investment Regions declared under section 3;

    (8) Nodal Department means the Department of Information Technology, Biotechnology and Science & Technology of the State Government;

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    (9) Policy Resolution means policy resolution for setting up of Information Technology Investment Regions (ITIRs) issued by Ministry of Communications and Information Technology (Department of Information Technology) on 28

    th May 2008 published in the Government of India Gazette;

    (10) State Level Empowered Committee means the State Level Empowered Committee constituted under Section 12;

    CHAPTER-II

    DECLARATION OF INFORMATION TECHNOLOGY INVESTMENT REGIONS

    3. Declaration of Information Technology Investment Regions.- (1) The State Government shall identify a suitable location (preferably non-agricultural land), for setting up of the Information Technology Investment Regions and prepare the project and submit the proposal for approval of the Central Government. For this purpose, it shall conduct a techno-economic pre-feasibility survey, through a suitable agency for preparation of a feasibility report, which would inter alia include the following, namely:-

    (a) Demarcation of the proposed area;

    (b) Nature and extent of infrastructure required;

    (c) Land use pattern, i.e., dividing the entire area into specified land uses such as Information technology, industrial, commercial, residential, hospitals, schools, parks, roads etc.;

    (d) Preparation of a master plan that would clearly identify the above uses with respect to specified plots of land and also include development parameters such as covered area, height restrictions and Floor Surface Integer (FSI);

    (e) The likely cost of land acquisition and of development of infrastructure phasing of the entire plan into two phases where the first phase shall not exceed twenty percent of the notified area.

    (2) After receiving the approval of the Government of India, to the proposal, the State Government may, by notification, declare Information Technology Investment Regions (ITIRs) for the purpose of promoting investment in the Information Technology, Information Technology Enabled Services and Electronic Hardware Manufacturing units through the use of common infrastructure and support services.

    (3) The Information Technology Investment Regions,-

    (a) shall be specifically delineated investment regions with a minimum area of around forty square kilometers planned for the establishment of Information Technology / Information Technology Enabled Services and Electronic Hardware Manufacturing Units (EHM Units) facilities along with the associated services and infrastructure;

    (b) shall be a combination of production units, public utilities, logistic, environmental protection mechanisms, residential areas and administrative services;

    (c) shall have processing facilities where Information Technology/ Information Technology Enabled Services and electronic Hardware Manufacturing Units, along with associated logistics and other services /and required infrastructure shall be located;

    (d) shall have a non-processing area, to include residential, commercial and other social and institutional infrastructure;

    (e) shall have a minimum processing area of forty percent of the total designated area. Such processing area may or may not be contiguous;

    (f) may include one or more Special Economic Zones (SEZs), Industrial Parks, Free Trade and Warehousing Zones, Export Oriented Units, or Growth Centres, duly notified by the State Government under this Act. All the benefits available under the relevant Acts in force or policy/or policies shall continue to remain available to the said Zones or Parks, as the case may be forming part of the Information Technology Investment Regions;

    (g) shall cover existing settlements/industries and estates/services and shall, therefore, benefit from and be complementary to the region.

    (h) shall also include the new integrated townships.

    (4) Each Information Technology Investment Regions may have some anchoring Information Technology/Information Technology Enabled Services and Electronic Hardware Manufacturing Units, which shall play an important role in the establishment of Information Technology Investment Regions.

    (5) The internal infrastructure of the Information Technology Investment Regions shall be built and managed by a Developer or Developers/or a group of Co-Developers selected by the State Government

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    through a transparent mechanism in accordance with the provisions of the Karnataka Transparency in Public Procurement Act, 1999 (Karnataka Act 29 of 2000). The external linkages may be provided by Government of India and the State Government.

    (6) The users of external as well as internal infrastructure shall pay for its use, except to the extent that the central or State Government supports the service through budgetary resources.

    (7) After declaration under sub-section (2), the entire area of the proposed Information Technology Investment Regions shall be eligible for conversion of land from agriculture to non-agriculture use in accordance with the terms specified thereunder,

    (8) The State Government shall provide infrastructure including public amenities, like public roads, parks and utility linkages within the prescribed time limit to such Information Technology Investment Regions.

    (9) The declared land shall be reserved for the purpose for which it is acquired to ensure proper implementation of the Master Plan.

    4. Infrastructure Facilities to be provided by the State Government.- (1) The State Government shall provide the following infrastructure to the Information Technology Investment Regions, namely:-

    (a) Power connectivity and availability of reliable and good quality power. The units may also seek open access as per the regulations of the State Electricity Regulatory Commission;

    (b) Provision of bulk requirements of water;

    (c) Road connectivity (state roads) and Mass transit connectivity to the nearest airport;

    (d) Sewerage and effluent treatment linkages, from edge of Information Technology Investment Regions, to the final disposal sites;

    (e) appropriate infrastructure to address the health, safety and environmental concerns;

    (f) appropriate and adequate residential facilities;

    (g) educational facilities;

    (h) health facilities;

    (i) Local Commercial facilities;

    (j) Recreational facilities;

    (k) Socio-cultural and entertainment facilities; and

    (l) any other facility as may be prescribed.

    (2) The State Government shall ensure that the norms and standards prescribed by the Ministry of Environment and Forest are followed.

    (3) Facilities specified in sub-section (1) shall be provided by the State Government through the Developer. However, the Central Government shall also assist as indicated in the policy Resolution.

    5. Additional Packages of incentives.- The State Government may also notify additional package(s) of incentives for the development of the Information Technology Investment Regions and for the Information Technology/Information Technology Enabled Services/Electronic Hardware Manufacturing units established in the Information Technology Investment Regions.

    CHAPTER-III

    ACQUISITION OF LAND FOR INFORMATION TECHNOLOGY INVESTMENT REGIONS AND ALLOTMENT

    6. Acquisition of Land for Information Technology Investment Regions.- (1) On receipt of the proposal from the nodal department, Acquisition of land for the Information Technology Investment Regions shall be made,-

    (a) by the State Government in accordance with the provisions of Land acquisition Act, 1894; or

    (b) through the Authority in accordance with the law applicable to such authority;

    subject to the payment of acquisition expenses by the Developer or Co-developer, if any, through the Management Board.

    (2) The land so acquired under sub-section(1) by the state Government or Authority as the case may be, shall be transferred to the Management Board and thereafter, such land shall vest with the Management Board.

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    7. Allotment of Land by the Management Board.- (1) The Management Board shall subject to such terms and conditions as may be prescribed, transfer the required land as per the master plan prepared by the Management Board under clause (c) of sub-section (4) of section 8 to the Developer for development purposes under this Act.

    (2) After the development of the land in accordance with the master plan, the Developer shall sell at least seventy five percent of the developed land to the entrepreneurs within such time as may be prescribed.

    CHAPTER-IV

    CONSTITUTION OF MANAGEMENT BOARD AND ITS FUNCTIONS

    8. Constitution of Management Board and its Functions.- (1) The State Government shall constitute a Management Board for each Information Technology Investment Regions consisting of the following, namely:-

    (a) The Minister in-charge of Information Technology and Bio Technology - Chairman

    (b) The Principal Secretary to Government, Information Technology and Bio Technology - Vice-Chairman

    (c) The Principal Secretary to Government, Finance Department. - Member

    (d) The Principal Secretary to Government, Urban Development Department. - Member

    (e) The Principal Secretary to Government, Energy Department. - Member

    (f) The Principal Secretary to Government, Commerce and Industries Department - Member

    (g) The Principal Secretary to Government, Revenue Department - Member

    (h) The Principal Secretary to Government, Water Resources Department - Member

    (i) The Member Secretary, the Karnataka State Pollution Control Board. - Member

    (j) The Chief Executive Officer - Member Secretary

    (2) The Management Board may co-opt a concerned developer or co-developer as a member, when any question pertaining to the concerned Information Technology Investment Region is being considered by the management Board.

    (3) The Management Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue or be sued.

    (4) The Management Board shall perform the following functions, namely:-

    (a) It shall be responsible for the development and management of the Information Technology Investment Regions.

    (b) It shall issue/expedite state level approvals.

    (c) It shall prepare a detailed master plan in accordance with the Karnataka Town and country planning Act,1961 earmarking the area for integrated Township, processing and non processing areas and such other particulars as may be prescribed.

    (d) It shall approve the proposals for setting up of units in the Information Technology Investment Region, after obtaining such clearances within such time limit as may be prescribed.

    (e) It shall have power to select Developer or Co-developers and enter into agreements for development of the Information Technology Investment Region.

    (f) It shall provide for promotion of investment, both foreign and domestic, into the Information Technology Investment Region.

    (g) It shall ensure promotion of production within and exports from the Information Technology Investment Region.

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    (h) It shall have power to grant approvals for, and facilitating clearances to units within the Information Technology Investment Region.

    (i) It shall review the functioning and performance of the Information Technology Investment Region.

    (j) It shall regulate the levy of user or service charges or fees or rent for the use of infrastructure/properties in the Information Technology Investment Region.

    (k) It shall exercise authority to delegate, enter into or create Special purpose Vehicles (SPVs) for the specialized services within the Information Technology Investment Region.

    (l) It shall perform such other functions as may be prescribed.

    (5) The Management Board shall meet at such times and places as may be appointed by it and shall regulate its own procedure.

    (6) One third of the total members of the Management Board shall form a quorum and all the decision of the Management Board shall be decided by the majority of members present.

    (7) No act or proceedings of the Board shall be called in question on the ground merely of existence of any vacancy in or any defect in the constitution of the Board.

    (8) All orders and decisions of the Board and all other instruments issued by it shall be authenticated by the signature of chief executive officer.

    9. Appointment of Chief Executive Officer of the Board.- The State Government shall appoint an officer belonging to cadre of Indian Administrative Service as the Chief Executive Officer of the Board. The Chief Executive Officer shall be the member secretary of the Board.

    10. Functions, powers and duties of the Chief Executive Officer of the Board.- (1) Subject to the provisions of the Act and the rules made thereunder, the Chief Executive Officer shall,-

    (a) exercise administrative control over the officers and officials of the Board, subject to the general superintendence and control of the Vice-Chairman of the Board;

    (b) supervise and control the execution of all the works entrusted to him by the Board;

    (c) have custody of all papers and documents connected with the proceedings of the meetings of the Board;

    (d) draw and disburse monies out of the fund of the Board; and

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

    (2) The Chief Executive Officer shall attend every meeting of the Board and shall cause to record the proceedings of such meeting.

    11. Officers and staff of the Board.- (1) Subject to such regulation as may be specified, the Board may appoint such officers and staff as are necessary for its purpose.

    (2) The emoluments, allowances and other conditions of the service of the officers and staff referred to in sub-section (1), shall be such as may be specified by the Board under regulations.

    12. Constitution of State Level Empowered Committee and its Function.- (1) The State Government shall constitute a State Level Empowered Committee consisting of the following, namely:-

    (a) The Honble Chief Minister - Chairman

    (b) The Minister incharge of Information Technology and Bio Technology - Vice-Chairman

    (c) The Minister incharge of Large and - Member Medium Industries.

    (d) The Chief Secretary to Government of Karnataka - Member

    (e) The Principal Secretary to Government, Information Technology and Bio Technology - Member Secretary

    (2) The State Level Empowered Committee shall perform the following functions, namely:-

    (a) It shall monitor, review and appraise the functions and the performance of the each of the Information Technology Investment Region; and

    (b) It shall deal with issues relating to disputes between the stakeholders; and

    (c) It shall perform any other functions as may be prescribed.

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    CHAPTER - V

    BOARDS FUND

    13. Boards Fund.- (1) The Board shall have a fund called the Information Technology Investment Region Fund.

    (2) The Board may accept grants, subventions, donations and gifts from the Central Govern