Bare ActsThe ROERICH AND DEVIKARANI ROERICH ESTATE (ACQUISITION AND TRANSFER) ACT, 1996.

Section 38

Power to remove difficulties

Amendment status not verified — confirm the current text below against the official source.

Power to remove difficulties. SCHEDULE I SCHEDULE II * * * * STATEMENT OF OBJECTS AND REASONS I Act 19 of 1996.- Ever since Dr. Svetoslav Roerich and Smt. Devikarani Roerich fell ill and were confined to private living in a city hotel, vested interests started damaging the identity of the property comprised in their estate, popularly known as Tataguni estate and tried to usurp possession of the said property. The artifacts and art objects, carving and important paintings are deteriorating due to lack of attention. The rich forestry on the land is getting depleted on account of the impracticability of taking preventive measures in the absence of clear title in respect of the property. The valuable jewellary and artifacts are being sold underground and appropriated by persons who by virtue of their employment association were close to the Roerichs. It is therefore considered necessary that the Roerich and Devikarani Roerich estate be acquired in public interest and transferred to a Trust to be established under the Act in order to secure proper management of the said estate, so as to preserve the valuable tree growth, paintings, art objects and carvings and to establish an Art Gallery-cum-Museum. Accordingly a draft of the Roerich and Devikarani Roerich Estate (Acquisition and Transfer) Ordinance, 1992 was sent to the Government of India for obtaining the previous instructions of the President to the ordinance. The Government of India had now informed that they have no objection to the proposed legislation and has advised to introduce it as a Bill. The Bill among other things provides for the following:- (i) Acquisition of the Roerich and Devikarani Roerich Estate; (ii) Payment of a sum of Rs. 5 crores for the vesting of the estate in the Government; (iii) Appointment of Commissioner of payment for the purpose of disbursing the amount; (iv) Transfer of the estate to a Board of Trustees established for the purpose of administration and management of the estate. Hence the Bill. (Obtained from L.A.Bill No. 18 of 1996. File No. LAW 28 L.G.N. 92.) II 3 Amending Act 19 of 2001.- 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. (Vide L.C. Bill No. 1 of 2001 File No. SAMVYASHAE 35 SHASANA 2001) III Act 33 of 2017.- In Writ Petition Number: 32560/96 the Hon'ble High Court of Karnataka has ordered that inclusion of Russian representatives in the Board of Trustees is ultra vires. Therefore it is necessary to omit the provisions regarding Russian representatives in the Board of Trustees. Hence, the Bill. [L.A. Bill No.30 of 2017, File No. Samvyashae 08 Shasana 2017] [entry 32 of List II of the Seventh Schedule to the Constitution of India.] * * * 4 KARNATAKA ACT No. 19 OF 1996 (First published in the Karnataka Gazette Extraordinary dated 18th November, 1996) THE ROERICH AND DEVIKARANI ROERICH ESTATE (ACQUISITION AND TRANSFER) ACT, 1996. (Received the assent of the President on Fifteenth day of November, 1996) (As amended by Act 19 of 2001 and 33 of 2017) An Act to provide for acquisition of Roerich and Devikarani Roerich Estate in Public interest and for transfer to a trust established under the Act and in order to secure the proper management of the said Estate so as to preserve the valuable tree growth, paintings, art objects and carvings and to establish an Art-Gallery-cum- Museum and for matters connected therewith or incidental thereto. WHEREAS it is necessary to provide for acquisition of Roerich and Devikarani Roerich Estate in public interest and for transfer to a trust established under the Act and in order to secure the proper management of the estate so as to preserve the valuable tree growth, paintings, art objects and carvings and for establishment of an Art-Gallery-cum-Museum and for matters connected therewith or incidental thereto; AND whereas for the purpose hereinbefore stated, it is expedient to provide for the acquisition and transfer of Roerich and Devikarani Roerich Estate by legislation; BE it enacted by the Karnataka State Legislature in the Forthy-seventh year of the Republic of India as follows:- CHAPTER I PRILIMINARY

Section 38 – The ROERICH AND DEVIKARANI ROERICH ESTATE (ACQUISITION AND TRANSFER) ACT, 1996. | DailyLaw.ai