(i) The Secretary of the Central Relief Committee is the Executive Officer and will carry out the policy and measures approved by the Committee subject to the general orders of the Government.
4 [ In sub rule (1) of rule (8) of the Karnataka Prohibition of Beggary Rules 1975 for the words “The Chairman” the words “The Secretary” shall be substituted vide notification no SWD 12 SBR 92 Dated:15-11-1997 with effect from 16-4-1998 Amendment Rules 1997]
(ii) He will exercise such of the powers and functions as are delegated to him by the Central Relief Committee.
(iii) In all emergencies he is at liberty to take such action as he deems fit in any matter and report the same to the Central Relief Committee at its next meeting.
(iv) As Head of the Department of Beggar Relief he is empowered; (a)To make all appointments to posts sanctioned by the Government. (b)The Administrative and financial powers vested with the different persons of Central Relief Committee are as indicated in Statement – I and Statement – II.
[In sub rule (IV) in clause (b) of rule (8) of the Karnataka Prohibition of Beggary Rules 1975 for the words “ Statement ” the words and figures “In Statement I and Statement II” shall be substituted vide notification no SWD 12 SBR 92 Dated:15-11-1997 with effect from 16-4-1998 Amendment Rules 1997] [Clause ( c) and (d) omitted vide notification no SWD 12 SBR 92 Dated:
15-11-1997 with effect from 16-4-1998 Amendment Rules 1997] (c ) To incur or sanction expenditure upto Rs.20,000 within the limits of the provision in the Budget, for all supplies, services and contingent items.
(d) To purchases or sanction the purchase of stationery articles locally upto a limit of Rs.1,000 under Articles 140 of Karnataka Financial Code 1958.
9. A Local Relief Committee and its Chairman will possess such powers and perform such functions as may be necessary for the administrations of local institutions with the previous sanction of the Chairman of the Central Relief Committee.
5
10.Meeting and Procedure:-
(i) The Central Relief Committee shall be convened for the transaction of ordinary business once a quarter in the months of January, April, July and October.
(ii) The Chairman will preside over all the meetings of the Committee and in his absence any members selected by the Committee for the time being will do so.
(iii) Every member of the Committee will be given notice of an ordinary meeting at least one month before the date of which it is held and he will be entitled to send motions for consideration at least 15 days before the date of the meeting.
(iv) The agenda of the meeting will be forwarded to the members at least 10 days before the meeting.
(v) Special meetings of the Committee of which 15 days notice shall be given may be summoned by the Chairman at any time and notice will be accompanied by the agenda of the special motions to be discussed there at.
(vi) Special meetings of the committee of which notice as in the preceding rule shall be given may also be summoned on a written requisition by not less than one fourth of the number of members of the Committee, provided that such requisition mentions what special motions are to be discussed there at.
(vii) A motion shall be admitted by the Chairman:(a) if the matter to which it relates is within the scope of the Committee’s functions and powers,(b) if it is clearly and precisely expressed raising substantively one definite issue and (c) if it is free from arguments, inferences and reflections.
(viii) For a meeting of the committee one-third of the total number of members including the Chairman shall form a quorum. If a quorum is not formed for 20 minutes after the time appointed for the meeting, the meeting shall stand adjourned to such future date as the Chairman may appoint. The business at an adjourned meeting may be transacted without regard to the quorum, unless the Chairman holds otherwise for reasons to be recorded in writing.
(ix) After a motion has been moved any member may move an amendment to it, provided notice thereof has been given three clear days before the date of the meeting.
(x) An amendment must be relevant to, and within the scope of the motion to which it is moved.
6
(xi) Every motion or amendment shall be put to vote by the Chairman as a question for the determination of the Committee and the result thereof announced by him.
(xii) In the event of an equality of votes, the Chairman shall, in addition to his vote as a member of the Committee, have a second or a casting vote.
(xiii) All points of order relating to the admissibility of a subject for discussion or to the conduct of business at meetings will be decided by the Chairman and his decision shall be final.
(xiv) Any subject not disposed of at any original or adjourned meeting shall be deemed to have lapsed and may be brought up again at any subsequent meeting.
(xv) A copy the minutes of each meeting shall be sent to each member as early as possible after it is over.
11. A Local Relief Committee shall adopt rules similar to the above for holding its meeting and any modifications considered necessary therein may be made with the approval of the Central Relief Committee.
PART III CENTRAL RELIEF FUND
12. The Central Relief Fund formed under Section 30 shall be under the general control of the Government and all expenditure incurred of sanctioned for performing the duties and meeting the obligations under the provisions of the Act shall be debited to it.
13. In operating upon the Fund it shall be necessary to frame a Budget of expected receipts and expenditure under different heads for any official year and have it sanctioned by the Government.
[Omission of Rule (14):- All establishment and contingent bills and other bills for supplies and services past by the Chairman within the limited his powers shall be forwarded to the Controller of State Accounts for Audit and arraigning payment from the Central Relief Fund Account.[Omitted rule
(14) of the Karnataka Prohibition of Beggary Rules 1975 vide notification no SWL 32 SBR 86 Dated:2-9-1991 with effect from at once. Amendment Rules 1990 and shall be renumbered and the following sub section shall be inserted namely] 7 Section I
14.(1) The Secretary shall, on or before the fifteenth day of January, each year, prepare and submit to the Central Relief Committee a budget containing a detailed estimate of income and expenditure of the Central Relief Committee for the ensuing year commencing on the first day of April next following together with a complete account of the actual and expected receipts and expenditure for the official year ending on the thirty-first day of March next following.
(2) The Central Relief Committee shall thereupon decide upon the appropriations, and the ways and means contained in the budget of the year to commence on the first day of April next following. The budget as passed by the Central Relief Committee shall be sent to the Government and a copy thereof sent simultaneously to the Controller, State Accounts Department, Bangalore, for information.
(3) In such budget estimate, the Central Relief Committee shall among other things-
(a) Make adequate and suitable provisions for such service as may be required for the fulfillment of the several duties imposed on the Central Relief Committee by this Act or any other Law.
(b) Provide for the payment, as they fall due of all installments of principal and interest for which the Central Relief Committee may be liable in respect of loans contracted by it.
(c)Provide for the payment of all sums payable to the Government(Central Relief Committee).
(d) Allow for a balance at the end of the said year of not less than such sum as may be required to meet the establishment charges for a period of three months.
(4) If the budget as submitted, fails to make adequate provisions for the matters specified in sub-section(3), the Government may modify any part of the budget so as to ensure that such provision is made.
(5) The Government may also modify the budget or any part thereof so as to secure compliance with any of the provisions of this Act or of the rules made there under: Provided that in the case of Central Relief Committee, the standing committee or any other committee appointed under Beggary Act to Central Relief Committee may, within the budget sanctioned under this section, sanction re-appropriations not exceeding five hundred rupees from one sub-head to another or from one minor head to another minor head under the same major head and controlled by the same committee. However a statement of such re-appropriation shall be submitted to the Government after approval by the Central Relief Committee meeting which will be held as prescribed in the Beggary Act.
8 SECTION II :Revision of Budget:
If, in the course of the official year, the Central Relief Committee finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be extended on the different services, it undertakes, it may do so, provided that without the approval of the Government-
(a) No reduction shall be made in the amounts allotted for the several items specified in clauses (b) and (c) of sub-section(3) of Section 1 and (b) The closing balance shall not be reduced below the sum fixed under clause(d) subsection(3) of Section 1.
SECTION III : Maintenance of accounts and restrictions on expenditure:
(1) Accounts of income and expenditure of the Central Relief Committee fund shall be kept, and receipts accepted and payment from the Central Relief Committee fund made in accordance with the rules prescribed in this behalf.
(2) Expenditure from the Central Relief Committee fund shall, save as otherwise expressly provided in this Act, be incurred, subject to the restrictions, conditions and limitations imposed in the rules prescribed in this behalf.
(3) The Central Relief Committee shall, at its meeting in April or after audit of the past official years accounts, if such audit has not before that meeting taken place, pass the accounts of past official year.
SECTION IV : Audit of Accounts:
A. Controller, State Accounts Department shall be the Auditor for Central Relief Committee and Central Relief Committee Funds.
B. Powers of Auditor – The Auditor shall 1. (a) Require in writing the production of such vouchers, statements, returns, correspondence, notes or other documents in relation to the accounts as he may think fit:
(b)require in writing any salaried servant of the Central Relief Committee accountable for, or having the custody or control of such vouchers, statements, returns, correspondence notes or other documents or of any 9 property of the Central Relief Committee or any person having directly or indirectly by himself or his partner, any share or interest in any contract with or under the Central Relief Committee to appear in person before him at the Central Relief Committee office and answer any question;
C.1.in the event of an explanation being required from the Chairman/ Secretary/ Superintendent of Nirashrithara Parihara Kendra concerned or other honorary officer, or members of Central Relief Committee in writing invite such person to meet him at the Audit-office and shall in writing specify the point on which his explanation is required.
2. The auditor may, in any requisition or invitation made under sub section(1)fix a reasonable period, not being less than three days within which the said requisition or invitation shall be complied with.
3. The auditor shall give to the Central Relief Committee not less than two weeks notice in writing of the date on which he proposes to commence the audit:
Provided that, notwithstanding anything contained in this sub-section, the auditor may, for special reasons which shall be recorded in writing, give shorter notice than two weeks or commence a special or detailed audit on the authority of the Government without giving notice.
SECTION V Penalty for disobeying requisition under Section IV:- Any person who willfully neglects or refuses to comply with any requisition lawfully made upon him under clause (a),(b) or (c) of sub-section (1) of Section IV, shall be punished with fine which may extent to one hundred rupees.
Provided that no proceedings under this section shall be instituted except with the written sanction of the Chairman / Central Relief Committee/ Government.
Provided further that before giving such sanction, the Chairman/ Government shall call upon the person against whom the proceeding are to be instituted to show cause why the sanction should not be given.
SECTION VI : Audit report to be sent to certain officers and bodies:
As soon as practicable after the completion of the audit, but not laterthan three months thereafter, the Auditor shall prepare a report on the accounts audited and examined and shall send such report to the Government (Social Welfare Department) Central Relief Committee and to the concerned Superintendent of Nirashrithara Parihara Kendra.
10 SECTION VII :Audit report-what to contain:
The Auditor shall include in his report, a statement of:-
(a) Every payment which appears to him to be contrary to law;
(b) The amount of any deficiency or loss which appears to have been caused by the gross negligence or misconduct of any person;
(c) The amount of any sum received which ought to have been but is not brought into account by any person, and
(d) Any material impropriety or irregularity which he may observe in the accounts other than those mentioned in clause (a),(b) and (c).
(e) Claims/purchase contrary to Beggary Act Rule.
SECTION VIII : Central Relief Committee to remedy defects :
Procedure to be followed after report of the Auditor under Section VI:-
(1) On receipt of a Report under Section VI, the Secretary in the case of Central Relief Committee, the Superintendent in the case of Nirashrithara Parihara Kendra shall remedy any defects or irregularities which may have been pointed out in the report, and shall only with the concurrence of the Chairman, Central Relief Committee within two months of the receipt of the report, place the report, together with a statement of the action taken or proposed to be taken thereon and an explanation in regard thereto before meeting of the Central Relief Committee. He shall also, within three months of the receipt of the report sent to the Controller, State Accounts Department, intimation of his having remedied the defects or irregularities, if any pointed out in the report, or shall, within the said period, supply the Controller, State Accounts Department, any further explanation in regard to such defects or irregularities as the Central Relief Committee may wish to give.
(2) On receipt of such intimation or explanation, the Controller, State Accounts Department may, in respect of all or any of the matters discussed in the report.
(a) Accept the intimation or explanation given by the Chairman, Central Relief Committee and withdraw the objection, or
(b) Direct the matter be re-investigated at the next audit or at any earlier date, or 11
(c) Hold that the defects or irregularities pointed out in the report or any of them that have not been removed or remedied.
(3) The Controller, State Accounts Department shall send a report of his decision to the Government within three months of the date of the receipt by him of the intimation or explanation of the Chairman, Central Relief Committee to give such intimation or explanation, on the expiry of the period of two months mentioned in the said sub-section, and shall forward a copy of such report to the Chairman, Central Relief Committee. If the Controller, State Accounts Department, holds that any defects or irregularities have not been removed or remedied, he shall state in the report whether, in his opinion, the defects or irregularities can be regularised and, if so, by what method: and if they do not admit of being regularised, whether they can be condoned, and, if so, by what authority.
He shall also state whether the amounts to which the defects or irregularities, relate should, in his opinion, be surcharged or charged.
(4) The Central Relief Committee shall include in its next administration report, such portions of the report under Section VI as deal with defects and irregularities falling under clause © of sub-section (2), together with the explanation thereof, if any, given under sub-section (1) and the final report of the Controller, State Accounts Department thereon under sub-section (3).
Such report of defects and irregularities and explanation shall be open to the inspection of the public at the office of the Central Relief Committee for a period of one month from the date of their receipt.
(5) Nothing in this section shall preclude the Controller, State Accounts Department at any time from bringing to the notice of the Government, for such action as the Government may consider necessary, any information which appears to him to support a presumption of criminal misappropriation or fraud or which in his opinion deserves special attention or immediate investigation.
SECTION IX Government to surcharge or charge illegal payment or loss caused by gross negligence or misconduct.
1) The Government may, after considering the recommendation of the Controller, State Accounts Department, and after taking the explanation of the person concerned, or making such further enquiry, as he may consider necessary, disallow any item which appears to him to be contrary to law and surcharge the same on the person making, or authorising the making of the illegal payment; and may charge against any person responsible therefore the amount of any deficiency or loss caused by the negligence or misconduct of that person, or any sum received which ought to have been but 12 is not brought into account by that person and shall, in every such case, certify the amount due from such person.
(2)The Government shall state in writing the reasons for its decision in respect of every surcharge or charge and shall send by registered post a copy thereof to the person against whom it is made and also to the Controller, State Accounts Department.
(3) If a person to whom a copy of the Government decision is send under subsection (2) refuses to take delivery thereof he shall be deemed to have duly received it on the day on which it was refused by him.
SECTION X : Recovery of Surcharges and charges how made:
(1) Every sum certified by the Government to be due from any person under sub-section (1) of Section IX shall be paid by such person into the treasury or bank in which the funds of the Central Relief Committee are lodged, within one month from the date of receipt by him of the decision of the Government, unless within that time such person has applied to the Court or to the Government as provided in Section XI.
(2) The said sum, if not duly paid, or if an application has been made to the Court against the decision of the Government as provided in sub-section (1) of Section XI such sum as the Court or the Government shall declare to be due, shall be recoverable, on an application made by the Central Relief Committee through Chairman to the Court, in the same manner as an amount decreed by the Court in favour of the Central Relief Committee.
SECTION XI : Application against order of Surcharge or Charges:
(1) Any person aggrieved by any order of Surcharge or Charge made by the Government under sub-section (1) of Section X may within one month from the date of receipt by him of the decision of the Government either:-
(a) Apply to the District Court to set aside such order; and the Court, after taking such evidence as it thinks necessary, may, confirm, modify or remit such Surcharge or Charge and made such orders as to costs as it thinks proper in the circumstances; or
(b) In lieu of such application apply to the Government, which shall pass such orders thereon as it thinks fit.
(2) Pending disposal of the application all proceedings on the certificate shall be stayed if the person aggrieved makes out a prima facie case to the 13 satisfaction of the District Court or the Government for the issue of a stay order.
SECTION XII Expenses in respect of requisition of auditors to be payable out of Central Relief Committee fund.
All expenses incurred by Central Relief Committee/Nirashithara Parihara Kendra in complying with any requisition of an auditor under sub-section B(1) of Section IV shall be payable out of the Central Relief Committee fund.
SECTION XIII : Transmission of accounts to Government:
The Central Relief Committee/Nirashrithara Parihara Kendra as the case may be shall, as soon as the annual accounts have finally passed by the Central Relief Committee meeting transmit to the Government, or any officer duly authorised by it in this behalf, a copy thereof or an account in the form prescribed in this behalf, and shall furnish such details and vouchers relating to the same, as the Government or such officer may, from time to time direct.(Amendment Rules 1990 of Rule 14 of K.P.B Act 1975 vide Notification No SWL 32 SBR 86 dated 24th August 1991.)
15. Arrangements shall be made to audit the accounts of the Central Relief Committee and the Central Relief Fund at least once a year.
Note; The Rules in the Karnataka Civil Accounts Code applicable to Government Departments in regard to audit and accounting will also apply to this fund.
16. A Local Relief Committee shall prepare its own budget of income and expenditure for any official year and have it sanctioned by the Central Relief Committee. It will make its own arrangements to draw upon its moneys and to account for the same.
PART IV : Institutions for Reception and Relief:
17. The Receiving and Relief Centres run directly by the Central Relief Committee shall be in charge of one or more persons, honorary or paid who shall manage them, subject to the orders of the Chairman of the Committee.
14 Establishment :-
18. The Officer-in-Charge of the each Centre shall be assisted by an establishment the strength of which shall be sanctioned by the Government on the recommendation of the Central Relief Committee.
19. The staff of each centre shall be under the immediate control of the Officer-in-charge who shall issue orders from time to time prescribing the duties of the various members of the staff. All such orders issued by him shall be recorded in duty Register.
20. An attendance Register shall be maintained for the Staff of each Centre.
Reports and Registers:-
21.The Officer-in-charge shall attend the Centre from 8 a.m to 12 noon and from 3.p.m to 6.p.m every day. He shall also visit at nights often and satisfy himself that every thing is in order and that the night duty watchmen are alert.
22. He shall maintain a Diary of work attended to by him daily.
23. All complaints of the inmates shall be recorded by him in a Register of Complaints and he will either redress any genuine grievance himself or submit a report on it to the Chairman.
24. Any out break of an epidemic disease or an unusual sickness, any serious breach of discipline, escape, attempt, at escape, recapture, accident, suicide or death from any cause, shall be reported at once to the Chairman.
25.The daily attendance of beggars at each centre shall be exhibited on a Notice Board and a copy thereof submitted to the Chairman for information.
26. He shall submit a report of administration and a statement of accounts within a month after the close of the official year and also a Budget Statement three months before the next official year commences.
Note- The official year shall be the year commencing from 1st April and closing with 31st March of the succeeding year.
27. In addition to the usual accounts, the registers and reports enjoined by the provisions of the Act and these rules shall be maintained by him in such forms as may be approved by the Chairman.
Receiving Centre:-