Karnataka Governor Thaawar Chand Gehlot
| Photo Credit: ARUN KULKARNI
Karnataka Governor Thaawar Chand Gehlot has returned 11 Bills passed by the State legislature seeking clarifications from the government on various counts, such as pending cases in the Supreme Court, overlapping provisions of two laws, issues in creation of a new entity for a limited area, and the authority of the government, among other things.
The legislature passed the Karnataka Religious Institutions and Charitable Endowments (Amendment) Bill, 2024. The Dharwad bench of the High Court of Karnataka had struck down amendments to the Act made in 2011 and 2012. The High Court decision in this matter has been challenged in the Supreme Court, which has stayed the High Court order. Since the matter is pending before the Supreme Court, the Governor has sought more clarification on the Bill, according to sources in the State Secretariat.
Urban local body
The Gadag-Betageri Vyapara Mattu Vastu Pradarshana Padhikara Bill, 2024, has been returned with a request for an explanation on the necessity of creating a new entity for a limited area. “The proposed Bill infringes on the constitutional rights provided to the urban local body under Article 243 of the Constitution of India, and needs to be clarified legally,” the Governor stated. “The City Municipal Council president had submitted a proposal on March 8, 2024, stating that the government had not discussed the issue with the local body.”
The Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2024, was passed to enable ULBs to levy and collect property tax from every building, vacant land, or both, including buildings constructed in violation of the provisions of building bye-laws, in unauthorised layouts, in revenue land, and from buildings occupied with issuance of Occupancy Certificate in the municipal or corporation areas.
To this, the Raj Bhavan stated: “It is learnt that the Karnataka Town and Country Planning (regularisation of unauthorised Development or Constructions) Rules, 2014, has been questioned in the court of law, and it is still pending for adjudication.”
The Karnataka Cine and Cultural Activists (Welfare) Bill, 2024, envisages constituting a welfare board and establishing a fund for financing schemes to provide social security and welfare of cine and cultural activists in the State. On this bill, the Governor has sought to know “whether the government has got power to levy cess on GST”. Further, Indian Broadcasting & Digital Foundation has objected for the proposed Bill. Therefore, Raj Bhavan has sougth some clarifications on the Bill, sources said.
On the Karnataka Cooperative Societies (Amendment) Bill, 2024, the Governor has pointed to the High Court of Karnataka striking down the Karnataka Co-operative Society (Amendment) Act, 2023 on August 8, 2024. In light of the High Court judgment, the Governor has sought to ascertain that “the amendment proposed is consistent with the Constitution of India”, sources said. Further, the Governor took note of the opinion of the Leader of Opposition in the Legislative Assembly on the matter.
Why two Bills with same objective?
The Sri Renuka Yellamma Temple Development Authority Bill was passed by the legislature to constitute an independent statutory body for the development and maintenance of Sri Renuka Yellamma temple in Saundatti (Belagavi). The Governor returned the Bill noting that the Shri Renuka Yellamma Kshetra Tourism Development Board Act, 2024, was enacted in February 2024, with the objective of conservation of cultural heritage of the temple. The Governor asked, “What is the purpose and necessity of one more enactment with the same objective for the same place?”
