Roerich and Devikarani Roerich Estate (Acquisition and Transfer) (Amendment) Act, 2001*
| [Karnataka Act No. 19 of 2001] | [10th August, 2001] |
An Act to amend the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996.
Whereas it is expedient to amend the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 (Karnataka Act 19 of 1996) for the purposes hereinafter appearing.
Be it enacted by the Karnataka State Legislature in the fifty-second year of the Republic of India as follows:-
* Received the assent of the Governor of Karnataka on the 10th day of August, 2001 and First published in the Karnataka Gazette Extraordinary on the 10th day of August, 2001
STATEMENT OF OBJECTS AND REASONS
Constitutional validity of the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996 is questioned before the Karnataka High Court in writ petition No. 32560 of 1996. In order to provide a more adequate and effective machinery in the Act for disbursement of amount to the owners, transferees and other interested persons in the Estate it is considered necessary to amend the said Act,-
(i) to empower the Commissioner of payment to refer the matter to the Civil Court in case of doubt or dispute as to the right of owners, transferees or other interested persons in the estate to receive the whole or part of the amount referred to in sections 7 and 8; and
(ii) to make disbursement of amount in accordance with the decision of the Court.
Hence the Bill.
1. Short title and commencement.- (1) This Act may be called the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) (Amendment) Act, 2001.
(2) It shall be deemed to have come into force on the Twenty-first day of November, 1996.
2. Insertion of new section 19A.- After section 19 of the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Act, 1996, (Karnataka Act 19 of 1996) the following section shall be inserted, namely:-
"19A. Disbursement of amount to the owners, transferees and other interested persons.- (1) If out of the amount paid to him in relation to the estate, there is a balance left after meeting the liabilities specified in Schedule-ll, the Commissioner shall disburse such balance to the owners, transferees and other interested persons.
(2) Before making any payment to the owners, transferees and other interested persons in proportion to their interest in the Estate, the Commissioner shall satisfy himself as to the right of such owners, transferees and other interested persons to receive the whole or any part of such amount and in the event of there being a doubt or dispute as to the right of such owner, transferee or other interested persons to receive the whole or any part of the amount referred to in sections 7 and 8, including apportionment of the amount among them, the Commissioner shall refer the matter to the Court and make disbursement in accordance with the decision of the Court.
(3) The court shall decide the apportionment of amount among the owners, transferees and other interested persons in relation to the estate having due regard to the value on the appointed day, of the property forming part of the estate.
(4) Notwithstanding anything contained in this Act evidence shall be admissible to establish before the court right, title and interest of the owners, transferees or other interested persons in relation to the estate.
Explanation: In this section ‘Court’ in relation to the estate means the principal court of original jurisdiction within the local limits of whose jurisdiction the estate is situated."