The Government of Karnataka on August 28th 2024, issued a notification amending the Kaginele Development Authority Act, 2009. These changes, detailed in the Kaginele Development Authority Rules, 2024, are designed to streamline operations, enhance transparency, and align the Authority’s functions with established government practices.
1. Introduction to the New Rules
The Kaginele Development Authority Rules, 2024, officially titled as such, came into force immediately upon their publication in the official gazette. This marks a significant update to the Authority’s operational framework, following a draft notification released earlier in March 2024, which invited public objections and suggestions. With no feedback received during the specified period, these rules have now been formally adopted.
2. Key Definitions
The rules start with crucial definitions:
- Act: Refers to the original Kaginele Development Authority Act, 2009.
- Section: Pertains to sections of the Act.
- Proforma: Represents the forms and formats appended to these rules.
These definitions set the stage for how the rules will be interpreted and applied.
3. Travelling and Sitting Allowances
Non-official members of the Kaginele Development Authority are entitled to travel and sitting allowances. These allowances will be in accordance with rates fixed by the Government, detailed in Annexure “A” of the Karnataka Government Service Rules. This provision ensures that members are compensated for their participation and travel related to their duties.
4. Execution of Contracts
When executing contracts for works, supplies, or services, the Authority must adhere to the rules and forms established by the Government. The Commissioner is responsible for presenting these contracts at the next Authority meeting. If the Authority decides to modify or annul any of the Commissioner’s proceedings, those changes will only take effect from the date of the Authority’s decision. This rule underscores the importance of procedural compliance and Authority oversight.
5. Conditions for Receiving Funds
The State Government has the authority to impose specific conditions when sanctioning funds to the Authority under Section 8(2)(b) of the Act. This provision ensures that funds are used appropriately and according to government guidelines.
6. Employee Management
Qualifications and Conditions:
- The qualifications, appointment procedures, and service conditions for the Commissioner and other employees of the Authority must be equivalent to those of Karnataka Government employees.
- Each post created by the Authority must be equivalent to a government post and approved by the Government.
Filling of Posts:
- Posts should preferably be filled by deputation from Karnataka Government, the Union Government, or other state governments within India, or from employees of autonomous bodies.
Pay Scales:
- Employees of the Authority will receive pay scales that are in line with those applicable to equivalent posts under the Karnataka Government.
Applicable Rules:
- The Karnataka Civil Service Rules will apply to the Authority’s employees, provided they do not conflict with these new rules.
- Employees will also be governed by the Karnataka Civil Service (Conduct) Rules, 2021, and any other service rules notified by the Authority.
This section ensures that the Authority’s staffing is in line with government standards, promoting consistency and accountability.
7. Disclosure of Authority Notes
Under Section 16(1), when consultations are made regarding decisions, the opinions of the consulted parties and the Commissioner’s final recommendations must be disclosed in a note sent through circular. The Commissioner must sign these notes, ensuring transparency and accountability in decision-making.
8. Selling Immovable Property
The rules stipulate that:
- Immovable property valued over one lakh cannot be sold without prior Government permission.
- Waste materials can be sold following the Karnataka Government Financial Code, with prior permission from the Authority.
This ensures that significant assets are not disposed of without proper oversight and that waste management is conducted according to established procedures.
9. Budget Preparation
By December each year, the Authority is required to prepare a budget for the upcoming financial year. This budget should include annexures and follow a form similar to that prescribed by the Finance Department of the Government. This provision helps maintain financial planning and accountability.
10. Accounts and Registers
The Authority’s accounting practices must adhere to the Karnataka Financial Code, 1958, and the forms framed under it. This ensures that financial records are maintained with consistency and in line with government standards.
11. Reporting Requirements
The Authority must submit:
- An audit report by the end of July each year.
- An Annual Administrative Report by the end of June, covering a range of topics including administration, budget, schemes, and the status of funds.
Annual Administrative Report Contents:
- Administration: Includes details on Authority constitution, meetings, and members.
- Budget and Schemes: Covers annual receipts and expenditures, progress on projects, and reasons for any delays.
- Agency Performance: Details actions taken against agencies that defaulted or were negligent.
- Financial Status: Includes details on bank accounts, balances, and maintenance of accounts.
These reports aim to provide a comprehensive overview of the Authority’s operations, ensuring transparency and effective oversight.
Effective Date: August 28th 2024.
Conclusion
The Kaginele Development Authority Rules, 2024, introduce several significant updates aimed at improving operational efficiency, transparency, and alignment with government practices. By detailing procedures for financial management, employee conditions, contract execution, and reporting, these rules set a framework for the Authority to function effectively and responsibly. The new rules will help in maintaining high standards of governance and accountability, crucial for the successful management and development of Kaginele.
