The KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT, 1992

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THE KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT, 1992
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION AND INCORPORATION OF THE AUTHORITY
3. Constitution and Incorporation of the Authority.
4. Limits of Krishna Basin and area of operation.
5. Constitution of the Authority.
6. Meetings of the Authority.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
7. Functions of the Authority.
8. General powers of the Authority.
9. Rates for supply of water for irrigation, industrial and domestic purposes.
10. Supply of water where supply has been stopped or reduced.
11. Directions by the Authority.
12. Power to delegate.
13. Exercise of the powers under the Command Areas Development Act, 1980.
CHAPTER IV
APPOINTMENT OF OFFICERS
14. Appointment of the Chief Executive.
15. Powers and duties of the Chief Executive.
16. Conditions of service of officers and servants of the Authority.
17. Powers of appointment etc., of officers and Servants of the Authority.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
18. Vesting of property in the Authority.
19. Fund of the Authority.
20. Application of Fund.
21. Power to borrow.
22. Account and Audit.
23. Report.
24. Budget of the Authority.
CHAPTER VI
LAND ACQUISITION
25. Land acquisition.
26. Amount payable.
27. Application of land Acquisition Act, 1894.
28. Compulsory acquisition of land for the Authority.
29. Exercise of power under Land Acquisition Act.
30. Authority to have power to acquire land by agreement.
CHAPTER VII
SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
31. Constitution of Special Courts.
32. Jurisdiction of Special Courts.
33. Procedure and powers of Special Courts.
34. Revision.
35. Bar of jurisdiction.
36. Appointment of special Government pleader-cum-Public prosecutor.
CHAPTER VIII
MISCELLANEOUS
37. Officers and servants of the Authority to be public servants.
38. Protection of action taken under this Act.
39. Overriding effect of the Act.
40. Bar of suits etc.
41. Power to make rules.
42. Powers of Authority to make regulations.
43. Power of entry.
44. Removal of difficulties.
45. Power to transfer cases to regular courts.
46. Amendment of karnataka Act 34 of 1987.
SCHEDULE I
SCHEDULE II
* * * *
STATEMENT OF OBJECTS AND REASONS.
ACT 12 of 1996:- It is proposed to establish the Krishna Basin Development
Authority to expedite decisions and resolve problems like Land Acquisition, Contractual
Dispute etc., and to expedite completion of Irrigation Projects in Krishna Basin so as to
ensure utilisation of Karnataka's share of Krishna Waters before 2000 A.D.
The Authority shall be Responsible to undertake Planning, Investigation,
Estimation, Execution, Operation and Maintenance of all Irrigation Projects in Krishna
Basin.
(Published in the Karnataka Gazette Part IV Section 2A (Extraordinary) dated 31-
03-1992. at page 545.)
* * * *
KARNATAKA ACT No. 12 OF 1996
(First published in the Karnataka Gazette Extraordinary on the Nineteenth day of
July 1996)
THE KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT, 1992
(Received the assent of the President on the Seventh day of September 1994)
An Act to provide for the constitution of an Authority for the expeditious
utilisation of the Karnataka's share of waters of Krishna River and its tributaries to
facilitate speedy execution and maintenance of Irrigation, Power and other
projects and works relating thereto in the Krishna Basin Area and to promote
Agricultural and General Economic Development of the Krishna Basin Area.
WHEREAS it is expedient to provide for the constitution of an Authority for the
comprehensive, systematic and expeditions utilisation of the State's share of the Krishna
River and its tributaries and expeditious development of the Irrigation, Power and other
projects and works relating thereto in the Krishna Basin Area and for matters connected
therewith;
BE it enacted by the Karnataka State Legislature in the forty-third year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Karnataka
Krishna Basin Development Authority Act, 1992.
(2) It shall come into force on such 1[date]1 as the State Government may, by
notification in the Official Gazette appoint.
1. Act is not yet brought into force.
2. Definitions.- In this Act unless the context otherwise requires,-
(a) "Authority" means the Karnataka Krishna Basin Development Authority;
(b) "Chairman" means the Chairman of the Authority;
(c) "Chief Executive" means the Chief Executive of the Authority appointed
under section 14 of the Act;
(d) "Code" means, in relation to scheduled disputes, the Code of Civil
Procedure, 1908 (Central Act 5 of 1908) and in relation to scheduled offences, the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974);
(e) "Krishna Basin" means the basin area of the Krishna River and its tributaries
lying within the territories of the State of Karnataka;
(f) the expression "land" and the expression "person interested" shall have the
meanings respectively assigned to them in the Land Acquisition Act, 1894 (Central Act 1
of 1894) as amended by the Land Acquisition (Karnataka Extension and Amendment)
Act, 1961;
(g) "Member" means the member of the Authority;
(h) "Regulations" means the regulations made under this Act;
(i) "Rules" means the rules framed under this Act;
(j) "Special Court" means the Special Court constituted under section 31 of this
Act;
(k) "Scheduled disputes" means the disputes specified under schedule 1
appended to this Act;
(l) "Scheduled Offences" means the offences specified under Schedule II
appended to this Act;
(m) "Special Land Acquisition Officer" means the Land Acquisition Officer of the
Authority appointed under section 29 of the Act.
(n) "Special Government Pleader-cum-P ublic Prosecutor'' means the Special
Government pleader-cum-Public Prosecutor of the Authority appointed under section 36
of this Act.

CHAPTER II
CONSTITUTION AND INCORPORATION OF THE AUTHORITY
3. Constitution and Incorporation of the Authority.- (1) As soon as may be after
the date of commencement of this Act, the State Government shall by notification,
constitute for the krishna basin, an authority to be called the Karnataka Krishna Basin
Development Authority.
(2) The said Authority shall be a body corporate by the name aforesaid having
perpetual succession and common seal, with power, subject to the provisions of this Act,
to acquire, hold and dispose of property both movable and immovable and to contract
and shall by the said name sue or be sued.
4. Limits of Krishna Basin and area of operation.- (1) The State Government
shall, by notification in the Official Gazette, specify the limits of the Krishna Basin.
(2) The Authority shall carry out all or any of its functions and exercise all or any of
its powers within the Krishna Basin.
(3) The State Government may by notification in the Official Gazette, direct that the
Authority shall carry out such additional functions and exercise such additional powers in
such other area as may be specified therein and the area so specified shall be called
"area of operation" of the Authority.
5. Constitution of the Authority.- The Authority shall consist of the following
members, namely.-
(a) Chief Minister ... Chairman
(b) Minister incharge of Major and
Medium Irrigation ... Vice-Chairman
(c) Minister incharge of Minor Irrigation ... Member
(d) Minister incharge of Agriculture ... Member
(e) Minister incharge of Revenue ... Member
(f) Minister incharge of Energy ... Member
(g) Finance Commissioner ... Member
(h) Secretary, Irrigation ... Member
(i) Secretary, Agriculture ... Member
(j) Secretary, Planning ... Member
(k) Chairman, Karnataka Electricity Board ... Member
(l) Managing Director, Karnataka
Power Corporation ... Member
(m) Chief Executive ... Member Secretary
6. Meetings of the Authority.- (1) The meetings of the Authority shall be held at
such times and places and subject to sub-sections (2) and (3), the proceedings of the
Authority shall be conducted in such manner as may be provided by regulations.
(2) The Chairman or in his absence, the Vice-Chairman or in his absence, any
person chosen by the members present from among themselves shall preside at the
meeting.
(3) At a meeting of the Authority all questions shall be decided by majority of votes
of the members present and for this purpose each member shall have one vote and in
case of equality of votes the Chairman or Vice-Chairman or in his absence the person
presiding at the meeting shall have a second casting vote.
(4) The quorum for the meeting of the Authority shall be six.
CHAPTER III
POWERS AND FUNCTIONS OF THE AUTHORITY
7. Functions of the Authority.- The Authority shall have the following functions,
namely:-
(a) to undertake planning, investigation, estimation, execution, operation and
maintenance of all irrigation project and works;
(b) to promote and operate schemes for irrigation water supply and drainage;
(c) to promote and control navigation in the river and its tributaries, canals and
channels;
(d) to formulate and execute schemes for the comprehensive development of the
Krishna Basin;
(e) to undertake resettlement and rehabilitation of the people affected by the
construction of the projects and works in the Krishna Basin;
(f) to construct proper drainage systems and take such other measures as are
necessary to prevent water logging and salinity in the Krishna Basin;
(g) to undertake measures for protection and improvement of the environment
including the treatment of catchment areas of the projects and works; and
(h) to undertake such other functions as may be necessary for the efficient utilisation
of State's share with the water of River Krishna and its tributaries and as may be
entrusted to it from time to time by the State Government.
8. General powers of the Authority.- (1) The Authority shall have the power to do
anything which may be necessary or expedient for the purposes of carrying out its
functions under this Act.
(2) Without prejudice to the generality of the foregoing provisions such power shall
include the power,-
(i) to acquire and hold such movable and immovable property as it may deem
necessary and to lease, sell or otherwise transfer any such property;
(ii) to construct or cause to be constructed such dams, barrages, reservoirs,
power houses, power structures, electric al transmission lines and sub-stations,
navigations works, irrigation, navigation and drainage canals and such other works and
structures as may be required;
(iii) to prevent pollution of any water under its control and to take all measures to
prevent discharge into such water affluents which are harmful to water supply, irrigation,
public health or fish life;
(iv) to stock its reservoirs or water courses with fish and to regulate or prohibit
taking out fish from the water under its control;
(v) to undertake rehabilitation and re-location and resettlement of the population
displaced by the dams, acquisition of land for reservoirs, canals and roads and
protection of water sheds;
(vi) to aid in the establishment of co-operative societies and other organisations
for the better use of facilities made available by the Authority;
(vii) to compound or compromise any claim or demand arising out of any contract
entered into by it under this Act or any action or suit instituted by or against it for such
money or other compensation as it shall deem sufficient.
9. Rates for supply of water for irrigation, industrial and domestic purposes.-
The Authority shall have the power to levy and collect water charges for supply of water
for irrigation, industrial, and domestic purposes, at such rates as specified by regulations
under this Act and shall also have the power to fix the minimum quantity of water which
shall be made available for such purposes.
10. Supply of water where supply has been stopped or reduced .- If, with a
view to operating its schemes, the Authority has stopped or reduced the supply of water
to any person for agricultural, industrial or domestic purposes which such person was
prior to such stoppage or reduction, enjoying by virtue of any prescriptive right, the
Authority shall arrange such supply of water on the same terms as before.
11. Directions by the Authority.- (1) The Authority in order to carry out the
purposes of this Act, may issue directions to the Karnataka Urban Water Supply and
Drainage Board, Karnataka Electricity Board and such other bodies as are connected
with the developmental activities in the Krishna Basin and provide the funds to comply
with the same.
(2) Notwithstanding anything in any other law for the time being in force, every such
direction shall be complied with by the body to whom such directions are issued. On
failure, it shall be competent for the Authority to take necessary action in this behalf and
recover expenses if any incurred therefor from the body concerned.
(3) Any dispute which arises between the Authority and the Board or other bodies
referred to in sub-section (1), in respect of the directions issued to them, shall be
determined by the Government whose decision shall be final.
(4) Notwithstanding anything in the Command Areas Development Act, 1980, in
order to carry out the purposes of this Act, the Authority shall have power to issue
directions from time to time to the Command Areas Development Authorities of Bhadra
Project, Tungabhadra Project, Ghataprabha and Malaprabha Project and Upper Krishna
Project.
12. Power to delegate.- The Authority may, by notification direct that any power
exercisable by it under this Act, except the power to make regulations may also be
exercised by the Chief Executive or such whole time member or officer of the Authority
as may be specified in the notification subject to such restrictions and conditions as may
be specified therein.
13. Exercise of the powers under the Command Areas Development Act, 1980.-
Notwithstanding anything contained in the Command Areas Development Act, 1980, the
powers of the State Government under the said Act shall be exercised by the Authority.
CHAPTER IV
APPOINTMENT OF OFFICERS
14. Appointment of the Chief Executive.- (1) The State Government shall appoint
an Officer who shall be the Chief Executive and Administrative Officer for the Authority.
(2) The Chief Executive shall receive monthly salary and other allowances as the
Authority may from time to time determine.
(3) The Chief Executive shall have all the powers of a Secretary to the Government.
15. Powers and duties of the Chief Executive.- (1) The Chief Executive shall be
the executive head and Chief Administrative Officer of the Authority.
(2) The Chief Executive shall, in addition to performing such functions as are
conferred on him by or under this Act or under any law for the time being in force,-
(a) carry into effect the resolutions of the Authority;
(b) keep and conduct the Authority's correspondence;
(c) carry out and execute such schemes and works as the State Government
may direct and incur necessary expenditure therefor;
(d) be responsible for implementing the schemes of the Authority;
(e) operate the accounts of the Authority and be responsible for the
maintenance of the accounts of the Authority;
(f) exercise supervision and control over the accounts and proceedings of all
officers and servants of the Authority in matters of executive administration and in the
matters concerning the accounts and records of the Authority and to the extent specified
in sub-section (1) of section 5 dispose of all questions relating to the service of such
officers and servants and their pay, privileges and allowances; and
(g) authenticate by his signature all permissions, orders, decisions, notices and
other documents of the Authority and the orders of the Chairman.
16. Conditions of service of officers and servants of the Authority.- (1)
Subject to such rules as may be prescribed, the Authority may appoint such other
officers and employees as it may deem necessary for the efficient discharge of its
functions.
(2) The recruitment and terms and conditions of service of the officers and servants
specified above shall be such as may be prescribed.
17. Powers of appointment etc., of officers and servants of the Authority.-
Subject to the provisions of the regulations framed under section 42, the power of
appointing, promoting, suspending, dismissing, reducing in rank or pay of the officers
and servants of the Authority, shall be exercised by the Chief Executive.

CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
18. Vesting of property in the Authority.- All property acquired and works
constructed by the State Government in the Krishna Basin, before the Constitution of
the Authority, shall vest in the Authority and all income derived and expenses incurred in
this behalf shall be brought into books of the Authority.
19. Fund of the Authority.- (1) The Authority shall have its own fund and all
receipts of the Authority shall be carried thereto and all payments by Authority shall be
made therefrom.
(2) The fund of the Authority shall consist of,-
(a) the amount allocated in the State Budget for all irrigation projects, in Krishna
Basin Area and transferred to the Authority Fund by appropriation from out of the
Consolidated Fund of the State;
(b) all grants, subversions, donations, gifts made by the Central or State
Government, any local Authority, and any body whether incorporated or not;
(c) the amount borrowed by the Authority; and
(d) income of the Authority.
20. Application of fund.- The fund of the Authority and all property held or vested in
the Authority shall be applied for the administration of this Act.
21. Power to borrow.- The Authority may from time to time and subject to such
conditions as may be prescribed in this behalf, raise loans, shares, debentures, irrigation
bonds and otherwise secure funds for the purposes of this Act.
22. Accounts and Audit.- (1) Accounts of the income and expenditure of the Fund
of the Authority shall be kept in accordance with such rules as may be prescribed.
(2) The Authority shall prepare an annual statement of accounts in such form as may
be prescribed.
(3) The Accounts of the Authority shall be audited annually by such auditor as the
State Government, may direct.
(4) The auditor shall for the purposes of the audit have access to all the accounts
and other records of the Authority.
(5) The Authority shall pay from its fund such charges for the audit as may be
prescribed.
(6) As soon as may be after the receipt of the report of the auditor the Authority shall
send a copy of the annual statement of accounts, together with a copy of the report of
the auditor to the State Government and shall cause to be published the annual
statement of accounts in such manner as may be prescribed.
(7) The Government may after perusal of the report of the auditor give such
directions as it thinks fit to the Authority and the Authority shall comply with such
directions.
23. Report.- The Authority shall before such date in such form and at such intervals
as may be prescribed submit in such manner a report to the State Government.
24. Budget of the Authority.- The Authority shall prepare every year before such
date and in such form as may be prescribed, budget estimate of its income and
expenditure for the financial year to commence on the first day of April next following.
CHAPTER VI
LAND ACQUISITION
25. Land Acquisition.- (1) If at any time, in the opinion of the Chief Executive any
land is required for the purpose of this Act, the Chief Executive may give notice of his
intention to acquire such land.
(2) Such notice shall require the owner or where the owner is not the occupier the
occupier of the land and on all such persons known or believed to be interested therein
to show cause, within thirty days from the date of service of the notice, why the land
should not be acquired.
(3) After considering the cause, if any, shown by the owner of the land or the
occupier or by any other person interested therein and after giving such owner, occupier
or person an opportunity of being heard, the Chief Executive may pass such orders as
he deems fit.
(4) After orders are passed under sub-section (3), where the Chief Executive is
satisfied that any land should be acquired for the purpose specified in the notice issued
under sub-section (1), a declaration shall, by notification be made to that effect.
(5) On the publication of the notification under sub-section (4) on the notice board of
the Authority, and through local newspapers both in Kannada and English, the land shall
vest absolutely in the Authority free from all encumbrances.
(6) Where any land is vested in the Authority under sub-section (5) the Chief
Executive may by notice in writing order any person who may be in possession of the
land to surrender or deliver possession thereof to the Authority or any person duly
authorised by it in this behalf within thirty days of the service of the notice.
(7) If any person refuses or fails to comply with an order made under sub-section (6)
the Chief Executive or any officer authorised by him in this behalf, may take possession
of the land and may for that purpose use such force as may be necessary.
26. Amount Payable.- (1) Where any land is acquired by the Authority under this
Act, the Chief Executive shall pay for such acquisition an amount in accordance with the
provisions of this section.
(2) where the amount has been determined by agreement between the Authority and
the person whose land has been acquired, it shall be paid in accordance with such
agreement.
(3) Where no such agreement can be reached, the Chief Executive shall refer the
case to the Special land Acquisition Officer for determination of the amount to be paid on
such acquisition as also the person or persons to whom such amount shall be paid.
(4) For the purpose of determination of the amount and person or persons to whom
such amount shall be paid the Special Land Acquisition Officer shall serve notice on the
owner or occupier of such land and on all persons known or believed to be interested
therein to appear before him and state their respective interests in the said land.
27. Application of Land Acquisition Act, 1894.- The provisions of the Land
Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition
(Karnataka Extension and Amendment) Act, 1961 shall mutatis mutandis apply in
respect of enquiry and award by the Special Land Acquisition officer the reference to the
Special Court, the apportionment of amount and the payment of amount in respect of lands
acquired under this Act.
28. Compulsory acquisition of land for the Authority.- Any land required by the
Authority for carrying out its functions under this Act shall be deemed to be needed for a
public purpose and such land shall be acquired for the Authority as if the provisions of
Part VII of the Land Acquisition Act, 1894 were applicable to it.
29. Exercise of power under Land Acquisition Act.- Notwithstanding anything in
the Land Acquisition Act, 1894,-
(i) the power of the State Government in relation to acquisition of land under this
Act, shall be exercised by the Chief Executive; and
(ii) the Authority shall appoint a Special Land Acquisition Officer for the purposes of
this Act, who shall exercise all the powers conferred on the Deputy Commissioner under
the Land Acquisition Act, 1894.
30. Authority to have power to acquire land by agreement.- Subject to the
provisions of this Act, the Authority may enter into an agreement with the owner of any
land or any person interested therein, situated within the limits of the Krishna basin for
the purchase of such land.
CHAPTER VII
SETTLEMENT OF DISPUTES, OFFENCES AND PENALTIES
31. Constitution of Special Courts.- (1) The State Government may by notification
in the Official Gazette constitute one or more Special Courts for such area in Krishna
Basin or any part thereof as may be specified in the notification for the purpose of
adjudication of scheduled disputes arising in relation to function of the Authority and trial
of scheduled offences committed in the Krishna Basin.
(2) A Special Court shall consist of a single judge as the State Government may
deem fit to appoint.
(3) A person shall not be qualified for appointment as a judge of the Special Court
unless he is or has been a Civil Judge.
(4) Where two or more Special Courts are constituted for Krishna Basin the State
Government may by general or special order regulate the distribution of work among
them.
32. Jurisdiction of Special Courts.- (1) Notwithstanding anything contained in the
Code or any other law, the Special Court shall have the following jurisdiction:-
(a) to adjudicate the scheduled disputes including references under section 18
and section 30 of the Land Acquisition Act, 1894 read with section 27 of this Act,
specified in Schedule-I; and
(b) to try the scheduled offences specified in Schedule-II.
(2) When trying any scheduled offence a Special Court may also try any offence
other than the scheduled offence with which the accused may under the Code, be
charged at the same trial if the offence is connected with the scheduled offence.
33. Procedure and powers of Special Courts.- (1) Every scheduled offence shall
be cognisable and bailable.
(2) In trying scheduled offences, the Special Court shall follow the procedure
prescribed for summary trials under Chapter XXI of Code of the Criminal Procedure,
1973.
(3) In adjudicating the scheduled disputes, the Special Court shall follow the
procedure prescribed for trial of small caus e suits under Chapter XXXVII of the Code of
Civil Procedure, 1908.
(4) In respect of land acquisition references, the Court shall follow the procedure
prescribed under Part-III of the Land Acquisition Act, 1894.
(5) The Special Court shall have all the powers of a Civil Court under the Code of
Civil Procedure, 1908 while trying scheduled disputes. All the powers of the Criminal
court under the Code of Criminal Procedure, 1973 while trying scheduled offences and
all the powers of Court under the land Acquisition Act, 1894 while trying references
under sections 18 and 30 of the Land Acquisition Act, 1894.
(6) Every decree or order made by the Special Court may be enforced by it in the
same manner as if it were a decree or order made by a Civil Court and for this purpose
the provisions of sections 51 to 74 of the Civil Procedure Code, 1908 shall apply to all
proceedings before the Special Court.
(7) Every award passed by the special Court may be enforced by it in any manner as
if it were an award made by a Court under the Land Acquisition Act, 1894, and for this
purpose the provisions of Part V of the Land Acquisition Act, 1894 shall apply to all
proceedings before the Special Court.
(8) All sentences passed by the Special Court upon trial of scheduled offences shall
be forwarded to the nearest Magistrate of the First Class, who shall proceed to execute
it as if it were an order passed by himself.
(9) All proceedings before a Special Court shall be deemed to be judicial
proceedings.
34. Revision.- (1) The District and Sessions Judge having jurisdiction over the area
of the jurisdiction of Special Court, may at any time call for and examine any order
passed or proceeding taken by a Special Court under this Act for the purpose of
satisfying himself as to the legality or correctness of such order or proceeding and ,may
pass such order in reference thereto as he thinks fit. The order of the District Judge shall
be final.
(2) The provisions of the Indian Limitation Act, 1908 shall be applicable to the filling
of any application for revision under this section.
35. Bar of jurisdiction.- (1) No Civil Court shall have jurisdiction to settle decide or
deal with any question which is by or under this Act required to be settled, decided or
dealt with by the Special Court.
(2) Except to the extent provided in section 32, no order of the Special Court made
under this Act shall be questioned in any Civil or Criminal Court.
36. Appointment of Special Government pleader-cum-Public prosecutor.- For
every Special Court the State Government shall by notification in the Official Gazette
appoint a Special Government Pleader-cum-Public Prosecutor for the purpose of
conducting cases in that Court.

CHAPTER VIII
MISCELLANEOUS
37. Officers and servants of the Authority to be public servants.- All officers and
servants of the Authority whether appointed by the Government or the Authority shall be
deemed, when acting or purporting to act in pursuance of the provisions of this Act, to be
public servants within the meaning of section 21 of the Indian Penal Code, 1860.
38. Protection of action taken under this Act.- (1) No suit, prosecution or legal
proceedings shall lie against any person in the employment of the Authority for anything
which is in good faith done or purporting to be done under this Act.
(2) Save as otherwise provided in this Act no suit or other legal proceedings shall lie
against the Authority for any damage caused or likely to be caused by anything in good
faith to be done or purported to be done under this Act.
39. Overriding effect of the Act.- (1) The provisions of this Act shall have effect
notwithstanding anything in the Code or any other law, but save as expressly provided in
this Act, the provisions of the Code shall in so far as they are not inconsistent with the
provisions of this Act apply to the proceedings before a Special Court and for the
purposes of the said provisions of the Code, the Special Court shall be deemed to be a
Court of Session and the persons conducting a prosecution before a Special Court shall
be deemed to be a Public Prosecutor.
(2) In particular and without prejudice to the generality of the provisions contained in
sub-section (1) the provisions of sections 326 and 475 of the Criminal Procedure Code
shall, so far as may be, apply to the proceedings before a Special Court and for this
purpose references in those provisions to a Magistrate shall be construed as references
to the Special Court.
40. Bar of suits etc.- (1) No order passed or proceedings taken by an officer or
Authority under this Act, shall be called in ques tion in any court, in any suit or application
and no injunction shall be granted by any court in respect of any action taken or about to
be taken by such officer or Authority in pursuance of any power conferred by or under
this Act.
(2) No suit, prosecution or other proceeding shall lie against any officer or servant of
the State Government for any act done or purported to be done under this Act, without
the previous sanction of the State Government.
(3) No officer or servant of the State Government shall be liable in respect of any
such act in any civil or criminal proceeding if the act was done in good faith in the course
of execution of duties or the discharge of the functions imposed by or under this Act.
(4) Save as otherwise provided in this Act, no suit shall be instituted against the
State Government in respect of any act done unless the suit is instituted within six
months from the date of the act complained of.
(5) In the case of an intended suit against any officer or servant of the State
Government under sub-section (1), the person intending to such shall be bound to give
the officer or servant, as the case may be, atleast one month's notice of the intended suit
with sufficient description of the cause of action failing which such suit shall be
dismissed.
41. Power to make rules.- (1) The State Government may after previous
publication, by notification in the Official Gazette make rules to carry-out of the purposes
of this Act.
(2) Every rule made under this Act, shall be laid as soon as may be after it is made
before each House of the State Legislature while it is in session for a total period of thirty
days, which may be comprised in one session or in two or more successive sessions
and if before the expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or decide that any
rule should not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
42. Powers of Authority to make regulations.- The Authority may subject to the
provisions of this Act and the rules made thereunder and with the previous sanction of
the Government, by notification in the Official Gazette make regulations to carryout the
purposes of this Act.
43. Power of entry.- Any officer or servant of the Authority may at all reasonable
times enter upon any land or premises and do such things as may be reasonably
necessary for the purpose of lawfully carrying-out its works or of making any survey,
examination, investigation preliminary or in cidental to the exercise of powers or the
performance of functions by the Authority under this Act.
44. Removal of difficulties.- If any doubt or difficulty arises in giving effect to the
provisions of this Act, the State Government may by notification make such provision as
appear to it, to be necessary or expedient for removing the doubt or difficulty:
Provided that no such notification shall be issued under this section after the expiry
of two years from the date of commencement of this Act.
(2) The provisions made by any notificati on under sub-section (1) shall have effect
as if enacted in this Act and any such notification may be made so as to be retrospective
to any date not earlier than the date on which the Act has come into force.
45. Power to transfer cases to regular Courts.- Where after taking cognizance of
any offence, a Special Court is of the opinion that the dispute is not a scheduled dispute
or the offence is not a scheduled offence, it shall notwithstanding that it has no
jurisdiction to try the case, transfer the case for trail to any court having jurisdiction under
the Code and the Court to which the case is transferred may proceed with the case as if
it had taken cognizance of the offence or had been seized of the dispute.
46. Amendment of Karnataka Act 34 of 1987.- (1) In the Karnataka Urban
Development Authorities Act, 1987 (Karnataka Act 34 of 1987), in section 78, the words
"the Bagalakote Town Development Authority" wherever they occur, shall be omitted.
(2) The moneys standing to the credit of fund in the Bagalkot Town Development
Authority on the date of commencement of this Act together with any other assets
belonging to such fund shall stand transferred to and vest in the Authority and the
Authority shall be liable to discharge the obligations of Bagalkot Town Development
Authority in respect of such funds.

SCHEDULE I
1. Disputes between the Authorit y and contractors or third parties.
2. References received under section 27 of the Act read with section 18 and section 30 of
the Land Acquisition Act, 1894.
3. Claims for recovery of rates, taxe s, penalty and disputes arising therefrom.
SCHEDULE-II
1. Offences punishable under Chapter IX of the Karnataka Irrigation Act, 1965.
2. Offences punishable under Chapter IX of the Karnataka Command Areas Development
Authority Act, 1980.
3. Offences against the public tranquillity puni shable under sections 143 to 145, 147, 149,
150 to 160 of Indian Penal Code.
4. Personating of public servant punishab le under section 170 of Indian Penal Code.
5. Offences amounting to contempt of lawful authority of public servants punishable under
sections 172 to 190 of Indian penal Code.
6. Offences against public justice punishabl e under section 193 (second part), section 196
to 200, 201 (third part), 202 to 210, 211 (third pa rt), 212 (third part), 213 (third part), 214 (third
part), 215, 216 (third part), 221 (third part) ; 223 to 225, 225A, 225B and 228 of Indian Penal
Code.
7. Offences against public health and safety punishable under sections 277, 278 and 290
of Indian Penal Code.
8. Offences against property punishable under sections 426 to 428, 430 to 432, 434 and
447 of Indian Penal Code.
9. Criminal conspiracy punishable under section 120B of Indian Penal Code.
10. Abetment of or attempts to commit any of the offences above.
* * * *
The above translation of the dâ}ÖËrdâ dâ½ÍÖJ mÈÖ}âÌâ°}â ~âZ{ê© µÖ«Àâ½¬P %º¾Ìâ°Àâ° 1992pâ dâ}ÖËrdâ
%º¾Ìâ°Àâ°{â ÉâªfêX 12 was published in the official Gazette (Extraordinary) Part IV-2B dated
9-1-1997 as No.31 under clause (3) of Article 348 of the Constitution of India.
* * * *

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