LexThe KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
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Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 32 OF 2014
THE KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title, commencement and application
2. Definitions
3. Constitution of the Authority
4. Meetings of the Authority
5. Functions of the Authority
6. Powers of the Authority
6A. Removal of a member
7. Powers of Chair person
8. The Chief Executive Officer
9. Officers and other employees of the Authority
10. Designated officer
11. Authorized Officer
12. Acts prohibited in tanks
13. Protection of tanks
14. Powers to Seize
15. Power to release property seized under section 14
16. Confiscation by the Authorized officer
17. Issue of show cause notice before confiscation
18. Revision
19. Appeal
20. Order of confiscation not to interfere with other punishments
21. Property confiscated when to vest in the Government
22. Power to remove encroachment
23. Penalty for contravention of section 12
24. Penalty for causing obstruction to an officers
25. Penalty for failure to report unlawful occupation of tank
26. Punishment for wrongful seizure
27. Penalty for contravention of certain provisions of the Act
28. Enhanced penalty after previous conviction under section 23
29. Abetment of offence
30. Offences by Companies / residents association
31. Offences by Government department
32. Arrest without warrant
33. Power to release on bond a person arrested
34. Cognizance of offences
35. Fund of the Authority
36. Accounts and Audit
37. Annual report
38. Budget
39. Borrowing power of Authority
40. Mode of making contract
41. Officers of Government, Local authorities, etc, to assist
42. Bar of jurisdiction
43. Officers to be public servants
44. Protection of action taken in good faith
45. Suits or prosecution in respect of acts done under colour of duty
46. Delegation of powers
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47. Effect of other laws
48. Removal of difficulty
49. Notice of suit against the Authority etc
50. Power to make rules
51. Power to make regulations
STATEMENT OF OBJECTS AND REASONS
I
Act 32 of 2014. - In the Budget speech for the year 2013 -14 it is declared that an
Authority to develop tanks and lakes will be constituted in the State. Therefore, it is
considered necessary to provided for,-
(a) establishment of the Karnataka Tank Development Authority, having
necessary powers and functions for, improvement of all tanks, ponds, lakes
in the rural areas of the Karnataka State, and to improve Ground Water;
(b) eviction of encroachment of tanks, protection and Development of Water
Bodies etc., and
(c) other matters connected therewith or incidental thereto.
Hence, the Bill.
[L.A. Bill No.42 of 2014, File No. Samvyashae 19 Shasana 2014]
[entries 17 and 32 of List II of the Seventh Schedule to the Constitution of India]
II
Amending Act 15 of 2018. - It is considered necessary to amend the Karnataka Tank
Conservation Development Authority Act, 2014 (Karnataka Act 32 of 2014) to strengthen the Tank
Development Authority and repeal the Karnataka Lake Conservation and Development Act, 2014
(Karnataka Act 10 of 2015), to transfer all tanks located within the limits of Municipal Corporations
including Bruhath Bengaluru Mahanagara Palike to the control of Minor Irrigation and Ground Water
Development Department.
An opportunity is also taken to make certain consequential amendments also.
Hence, the Bill.
[L.A. Bill No.60 of 2018 File No. Samvyashae 11 Shasana 2018]
[entries 17 and 32 of List II of the Seventh Schedule to the Constitution of India.]
III
Amendment A ct 19 of 2026 .- It is considered necessary to amend the
Karnataka Tank Conservation and Development Authority Act, 2014 (Karnataka Act
32 of 2014), to introduce area -wise buffer zones for water bodies and permit
construction of certain public utility activities such as roads, bridges, electrical line,
3
water supply line, Under Ground Drainage (UGD) line, Jack well or pump house or
Sewage Treatment Plant (STP), Intermediate Sewage Pumping Station (ISPS),
Wetwell, Aquaduct and allied works with prior approval of the Authority.
Hence, the Bill.
[L.A. Bill No. 33 of 2025, File No. SAMVYASHAE 49 SHASANA 2025]
[Entries 17 and 32 of List II of the Seventh Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra -ordinary No.160 in part -IVA
dated:18.02.2026]
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KARNATAKA ACT NO. 32 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of September, 2014)
THE KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
(Received the assent of the Governor on the Second day of September, 2014)
(As amended by Act 15 of 2018 and 19 of 2026)
An Act to provide for establishment of a Tank Conservation and Development Authority and
other matters connected therewith or incidental thereto;
Whereas, the Apex Court has already ruled that right to water is a part of right to life
guaranteed by Article 21 of the Constitution of India.
Whereas, due to rapid urbanization, industrialization and population explosion, water bodies
like tanks and ponds are being converted into urban and ind ustrial land use after breaking bund and
draining water;
Whereas, in the State there are large number of tanks which are main source of the
agriculture, drinking water and rural Industries. These tanks are managed, protected, conserved and
rejuvenated by various Government Departments like Minor Irrigation, Rural Development and
Panchayat Raj, Forest Department, 1[Urban Development Department]1 etc.,
Whereas, such destruction of water bodies leads to acute shortage of water and rapid
depletion of ground water and thereby affecting availability of water for irrigation, drinking and
consumption by live stock, besides affecting aquatic flora and fauna and accordingly there is an
urgent need for protection, conservation and rejuvenation of water bodies by a Single Authority.
And now therefore, it is expedient to provide for establishment of a Tank Conservation and
Development Authority having necessary powers and functions to achieve the object of protection,
conservation and rejuvenation of water bodies, a nd for other matters connected therewith or
incidental thereto.
Be it enacted by the Karnataka State Legislature in the sixty fifth year of the Republic of India
as follows:-
1. Inserted by Act 15 of 2018 w.e.f 26.03.2018
CHAPTER - I
PRELIMINARY
1. Short title, commencement and application. - (1) This Act may be called the Karnataka
Tank Conservation and Development Authority Act, 2014.
(2) It shall come into force on such date as the Government may, by notification, appoint and
different dates may be appointed for different provisions of the Act.
(3) It applies to all the Tanks, ponds, lakes in the Karnataka State 1[XXX]1 or any other water
bodies as may be notified by the Government.
1. Omitted by Act 15 of 2018 w.e.f 26.03.2018
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) “Authorized officer” means any officer appointed by the Government under section 11;
(b) “Authority” means the Karnataka Tank Conservation and Development Authority
constituted under section 3;
(c) “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed
under section 8;
(d) “Designated Officer” means any officer who may belongs to any of the departments of
Minor Irrigation or Rural Development and Panchayat Raj or Fore st Department 1[Urban
Development Department]1 and appointed or designated as such by the Authority under section 10;
(e) “Government” means the Government of Karnataka;
(f) “Industry” includes any operation or process or treatment and disposal system, which
consumes, water or any other liquid or gives rise to sewage effluents or trade effluents, but does not
include any hydro power unit;
(g) “Tank” or “Ponds” or “Lake” means an inland water-body irrespective of whether it contains
water or not, but ment ioned in revenue records as sarkari kere, kharab kere, kunte, katte or by any
other name and includes the peripheral catchment areas (Rajakaluve) main feeder inlet and other
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inlets, bunds, weirs, sluices, draft channels, outlets and the main channels of dr ainages to and fro;
but does not include,- 2[XXX]2 tanks which has command area more than 2000 Hectors and above.
(h) “Landscape” includes all forms of trees, shrubs, grasses whether naturally growing or
planted in water bodies to enhance aesthetic value;
(i) “Surface water” includes water occurring on the land of tanks as defined above;
(2) Words and expressions used in this Act, but not defined herein, shall have the meanings
assigned to them in the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1 964) and
Karnataka Irrigation Act, 1964.
1. Inserted by Act 15 of 2018 w.e.f 26.03.2018
2. Omitted by Act 15 of 2018 w.e.f 26.03.2018
CHAPTER - II
KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY
3. Constitution of the Authority.- (1) As soon as may be after the date of commencement of
this Act, the Government shall constitute an Authority to be called the Karnataka Tank Conservation
and Development Authority.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual
succession and a common seal, with power, subject to the provisions of this Act to hold property and
shall by the said name sue or be sued.
(3) The Karnataka Tank Conservation and Development Authority shall consist of the
following members, namely:-
1[(a) The Chief Minister Chairperson
(a-1)
The Minister for Minor Irrigation and Ground Water
Development
Vice Chairperson]1
(b) The Principal Secretary to Government, Finance
Department.
Member
(c) The Principal Secretary to Government, Department of
Law or his nominee not less than the rank of Additional
Secretary
Member
(d) The Principal Secretary to Government, Forest,
Ecology and Environment Department.
Member
(e) The Principal Secretary to Government,
Rural Development and Panchayat Raj Department.
Member
(f) The Principal Secretary to Government, Revenue
Department.
Member
(g) The Principal Secretary to Government, Urban
Development Department.
Member
(h) The Principal Secretary to Government, Agriculture
Department.
Member
(i) The Principal Secretary to Government, Animal
Husbandry and Fisheries Department.
Member
(j) The Chief Engineer South, (Minor Irrigation),
Bangalore
Member
(k) Four non -official members nominated by the
Government from amongst experts in the field of
environment and ecology or tank or ponds or lake
conservation, of whom at least one shall be a woman
and one shall be a person belonging to the Scheduled
Castes and one shall be a person belonging to the
Scheduled Tribes.
Non Official Member
1[(ka) The Member Secretary, Karnataka State Pollution
Control Board, Bengaluru;
-Member
The Chairman, Bengaluru Water Supply and -Member
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(kb) Sewerage Board, Bengaluru;
(kc) The Commissioner, Bengaluru Development Authority,
Bengaluru;
-Member
(kd) The Commissioner, Bruhath Bengaluru Mahanagara
Palike, Bengaluru";
-Member
(ke) The Chairman, Karnataka Urban Water Supply and
Sewerage Board
–Member]1
(l) Principal Secretary/ Secretary to Government, Minor
Irrigation
Member Secretary
Ex-Officio, Chief
Executive Officer of the
Authority
(4) Subject to the pleasure of the Government, term of office of non -official members shall be
as prescribed by the Government, they shall not be eligible for re-appointment.
(5) The non -official members shall be entitled to receive such allowances as may be
prescribed.
2[XXXXXX]2
1. Inserted by Act 15 of 2018 w.e.f 26.03.2018
2. Omitted by Act 15 of 2018 w.e.f 26.03.2018
4. Meetings of the Authority.- (1) The Authority shall meet at least once in three months.
(2) The Chairperson shall preside over the meeting of the Authority or if for any reason, he is
unable to attend any meeting, 1[the Vice Chairperson shall preside or if for any reason, he is als o
unable to attend such meeting then] 1 any other member chosen by the members present at the
meeting shall preside.
(3) Quorum for a meeting of the Authority shall be one third of the total number of members.
(4) Save as otherwise expressly provided by o r under this Act, the procedure for conduct of
business at the meeting of the Authority shall be such as may be specified in the rules.
1. Inserted by Act 15 of 2018 w.e.f 26.03.2018
5. Functions of the Authority. - Subject to the provisions of this Act and the rules made
thereunder, the functions of the Authority shall be:-
(1) to exercise regulatory control over all the tanks within its jurisdictions including prevention
and removal of encroachment of tank;
(2) to protect, conserve, reclaim, regenerate and restore tanks, ponds, lakes to facilitate
recharge of depleting ground water by promoting integrated approach with the assistance of
concerned Government departments, local and other authorities;
(3) to take up environmental impact assessment studies for any or all tanks;
(4) to take up environmental planning and mapping of tanks and their surrounding areas with
the help of geographical information system and prepare database and atlas of tanks and their
catchments;
(5) to prepare a plan for integrate d development of tanks and monitor the expenditure and
development of tanks;
(6) to desilt the tank and to encourage the Water resource efficiency and agricultural
productivity through integrated approach to land and water management for a balanced economi c
growth and sustainability in agriculture.
(7) to encourage to integrate various farm enterprises to utilize full potential of the farmer and
their natural resource base to maximize their income, employment and economic sustainability
(8) to encourage Fisheries and allied activity for generation of additional income.
(9) to improve and also create habitat (wet lands) for aquatic biodiversity, water birds and
aquatic plants by reducing sullage and non-point sewage impacts;
1[(10) To facilitate for impounding water through storm water, draining system, reduce siltation
of tanks by taking appropriate soil and water conservation measures.]1
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(11) to improve and monitor water quality, conserve tank ecology on need basis and to protect
them against domestic and industrial pollution;
1[(12) To utilize or allow to utilize the tanks for the purpose of drinking water, irrigation, tourism
or any other purpose as the authority may determine.]1
(13) to encourage participation of communities and voluntary agencies in development of tank
and to launch public awareness programmes for tank conservation, preservation and protection;
(14) to advise on any matter that may be referred to it by the Government or any institution.
(15) to promote integrated and coordina ted applied research on all the relevant issues
pertaining to tanks;
(16) to do such other acts as the Authority may consider necessary, conducive or incidental,
directly or indirectly, to achieve the object of this Act.
(17) to create a strong data base of all tanks in the state and record all the developmental
activities taken up to the tanks periodically
1. Substituted by Act 15 of 2018 w.e.f. 26.03.2018.
6. Powers of the Authority. - Subject to the provisions of this Act and the rules made
thereunder, powers of the Authority shall be,-
(1) to cause entry upon or authorize any officer to enter upon any land, to survey, demarcate
and make a map of tanks;
(2) to receive grants, donations, contributions, deposits and rents, and to levy fees or charges
for development and maintenance of tanks at such rates approved by the Government;
(3) to grant 1[clearance]1 to any project proposal made by any Government Department or
organization or association or person interested in developing, maintaining, conserving or protecting
a tank and also to take up such activities on its own which shall be approved by the Government;
(4) to invite experts as and when required to its meetings;
(5) to constitute sub -committees as may deemed necessary for the purpose of research,
implementation, studies, approval of projects, conservation, preservation and any other purpose
relating to tank; and
(6) to take up survey of tank boundary, detect encroachment, if any, and to remove
encroachments and erect boundary pillars and to fence them to prevent encroachment of the tank.
(7) to direct the designated officer or any other officer of any department including water users
society or association to implement the development plans of tanks and to perform other functions
specified in this Act.
2[(8) To call for any information from any department of the State Government or any local
Authority or any other person which is required by it in the exercise of its powers and the performance
of its functions under this Act or the rules or regulatio ns made thereunder, and such department,
Authority or person shall be bound to furnish such information.
(9) To alter, extend or abridge the purpose for which is established or merge or take over any
other organization wholly or partially in furtherance of the objective of the Authority.]2
1. Substituted by Act 15 of 2018 w.e.f. 26.03.2018.
2. Inserted by Act 15 of 2018. W.e.f. 26.03.2018.
1[6A. Removal of a member. - The Government may remove from the Authority any non
official member who, in its opinion has,-
(1) been adjudged as an insolvent, or
(2) been convicted of an offence which involves moral turpitude; or
(3) become physical or mentally incapable of acting as a member; or
(4) so abused his position as to render his continuance in office detrimental to the public int erest;
or
(5) acquired such financial or other interest as is likely to affect prejudici ally his functions as a
member.]1
1. Inserted by Act 15 of 2018. W.e.f. 26.03.2018.
7. Powers of Chair person.- The Chair person shall be the head of the Authority and shall;-
(a) convene, preside at and conduct meetings of the Authority;
(b) discharge all duties conferred and exercise all powers conferred on him by or under
this Act.
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8. The Chief Executive Officer.- (1) The Principal Secretary or Secretary to the Government
in charge of Minor Irrigation shall be the Ex-officio Chief Executive Officer of the Authority.
(2) Subject to the general powers of the Authority and the Chair person, overall powers to
carrying out, the provisions of this Act or to carryout the duties imposed or powers conferred upon the
Authority under any other law for the time being in force shall vest in the Chief Executive Officer and
who shall also;-
(a) perform all the duties and exercise all the powers imposed or conferred upon him by or
under this Act or under any other law for the time being in force;
(b) carry into effect the resolutions of the Authority;
(c) conduct all affairs of the Authority;
(d) supervise and control execution of all schemes and works of the Authority or entrusted by
the Government or any other Authority;
(e) draw and disburse monies out of the fund of the Authority;
(f) exercise control over the officers and officials of the Authority;
(g) authenticate by his signature all permissions, orders, decisions, notices and othe r
documents of the Authority;
1[(ga) seek funds for the rejuvenation or development or maintenance of tanks.]1
(h) exercise such other powers and discharge such other functions and perform such other
duties as may be prescribed.
1. Inserted by Act 15 of 2018. w.e.f. 26.03.2018.
9. Officers and other employees of the Authority. - (1) The Government shall provide the
Authority with such officers and employees as may be necessary for the efficient discharge of the
functions of the Authority.
(2) the method of recruitment, the salaries and allowances payable to and other terms and
conditions of service of the officers and other employees appointed for the purpose of the Authority
shall be such, as may be prescribed.
1[(3) The Authority may, with the prior approval of the State Government, create such number
and category of post of officers and other employees in the Authority as it considers necessary to
carry out its functions under this Act.
(4) The Authority may, also engage such experts and technical persons on contract basis as it
considers necessary to carry out its functions under this Act.]1
1. Inserted by Act 15 of 2018. w.e.f. 26.03.2018.
10. Designated officer. - (1) The Authority may designate or appoint any officer of the
Government 1[not below the rank of Assistant Executive Engineer] 1 as designated officer to be in
charge of one or more tanks, ponds, lakes of district wise to ensure their protection, conservati on,
development and for any other purpose.
(2) the designated officers shall exercise powers under the Act and such other powers as the
Authority may by a special or general order confer upon them.
(3) The designated officer shall also be competent to rece ive complaints from any person
regarding the contraventions of the provisions of this Act.
1. Inserted by Act 15 of 2018. W.e.f. 26.03.2018.
11. Authorized Officer. - The Government may appoint an officer of the Government not
below the rank of a Group ‘A’ of ficer 1[Group 'A' Senior Officer of Revenue Department] 1 of the State
Civil Services as Authorised officer, who shall exercise powers under this Act and such other powers
as may be specified by the Government from time to time.
1. Substituted by Act 15 of 2018 w.e.f. 26.03.2018.
CHAPTER - III
PROTECTION OF TANKS
12. Acts prohibited in tanks.- Notwithstanding anything to the contrary contained in any law
for the time being in force, no person or institution or organization (registered or unregistered) or
company or firm or association, Government departments, corporation or any local or other a uthority
and their agents or employees or any body on their behalf shall,-
(1) use the tank for any purpose other than storage or impounding of water or for the purpose
mentioned in clause (9) of section 5;
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3[(2) Construct roads, bridges, water supply lin es in Below Tank bed, Pedestrian to Electrical
poles, High tension tower, Approaches and allied works within tank area including the tank land or
part thereof, Jack well or pump house or Sewage Treatment Plant in between Full Tank Level and
Maximum Water Level of the Tank:
Provided that, nothing in this clause the Authority shall grant permission for such works only
after ensuring that the original capacity of the tanks is not reduced or cause any obstruction at the
natural or normal course of inflow or outflow of water into, or from, the tanks on the upstream and or
downstream even after such works.]3
(3) make any construction or carry on any commercial or recreational or industrial activity within
the Buffer zone of the tanks specified in the table below except other public utility services like
construction of roads, bridges, electrical line, water supply line, Under Ground Drainage (UGD) line,
Jack well or pump house or Sewage Treatment Plant (STP), Intermediate Sewage Pumping Station
(ISPS), Wetwell, Aquaduct and allied works with prior approval of the Authority, without any
obstruction at the natural or normal course of inflow or outflow of water into, or from, the tanks on the
upstream and or downstream even after said works:
TABLE
Sl. No. Area of tank
in acre/gunta
Buffer from revenue
boundary of the tank
in meters
1 upto 0.05 0
2 Above 0.05 to 0.10 1.00
3 Above 0.10 to 1.00 3.00
4 Above 1.00 to 10.00 6.00
5 Above 10.00 to 25.00 12.00
6 Above 25.00 to 100.00 24.00
7 Above 100.00 30.00
(3-A) Notwithstanding anything contained in clause (3) the provisions regarding Siting
Guidelines for new industries excluding new healthcare establishments and new infrastructure
projects specified in the Karnataka State Board for the Prevention and Control of Water Pollution
(Procedure for Transaction of Business) and the Water (Prevention and Control of Pollut ion) Rules,
1976 shall prevail.]3
(4) dump debris, m unicipal solid wastes, mud or earth soil or liquid wastes or any pollutants,
into the tank by using vehicle or otherwise;
(5) discharge untreated sewage into the tank directly or indirectly;
2[4[(6) XXX]4]2
(7) breach bund, waste weir including lowering rai sing the height of the waste weir from its
original height or remove fence, boundary stones or any hoarding or any sign board
erected by the authority; and
(8) do any other act which is detrimental directly or indirectly to the tanks.
Provided that nothing in this Act shall prohibit withdrawal of water for drinking or irrigation or
any other purpose, for human consumption from any tank be specified by the Authority from time to
time.
Provided further that nothing in this Act shall prohibit stocking of fish seed s and development
of fisheries (except the fish which are dangerous or harmful to the aquatic eco-system of the tank) by
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the Government and its licensee, lessees or contractor in any tank specified by the Authority from
time to time.
1. Omitted by Act 15 of 2018 w.e.f 26.03.2018.
2. Substituted by Act 15 of 2018 w.e.f. 26.03.2018.
3. Substituted by Act 19 of 2026 w.e.f. 18.02.2026
4. Omitted by Act 19 of 2026 w.e.f. 18.02.2026
13. Protection of tanks. - (1) The Authority may direct any Officer of the Government or
any local or other authority who is the custodian, or in control, of any tank to permanently demarcate
its boundaries and to take such other measures as may be necessary.
(2) The Authority may issue general or specific directions to any officer of the Government
department or any local or other Authority who is the custodian or in control of any tank to take such
measures as are necessary and expedient to remove encroachmen t or unauthorized occupation of
such tank and prevent its recurrence.
(3) The Authority may by order specify any tank as a heritage site or bio -conservation site or
protected site, or reserve it for any special purpose in view of its historical, ecologica l or
environmental importance and prevent from being put to any other alternate use and may specify its
utilization, if any.
1[(4) T he Authority may issue specific directions to any Officer of the Government or local
bodies to assist the custodians of any tank in the protection of the tanks.]1
1. Inserted by Act 15 of 2018 w.e.f. 16.03.2018.
14. Powers to Seize. - (1) When there is reason to believe that an offence punishable under
section 12 has been committed, any instrument, implement, machinery, device, tool, boat, vehicle or
any other material or object used in committing any such offence, may be seized by the Designated
officer or any other officer empowered by the Authority in this behalf (hereinafter referred to as
empowered officer)
(2) The Designat ed officer or empowered officer seizing any property, vehicle, material or
object under sub-section (1) shall place on them a mark indicating that the same has been so seized
and shall as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try
the offence on account of which the seizure is made. The procedure for seizures shall be as specified
in the Code of Criminal Procedure, 1973.
Provided that where the seized property, vehicle, material or object is believed to belong to
the Central or 1[the State Government]1 or a local or other authority or if the offender is unknown, the
Designated officer or empowered officer shall report to the Authorised officer.
2[(3) The arrested persons shall be produced before the Magistrate having jurisdiction to try
the offence on account of which the seizure has been made.]2
1. Substituted by Act 15 of 2018 w.e.f. 26.03.2018.
2. Inserted by Act 15 of 2018 w.e.f. 26.03.2018.
15. Power to release property seized under section 14. - Where the seized property is
such that it cannot be conveniently be produced before the Magistrate or the Authorized Officer as
the case may be, it may be released by the Authorised officer to the owner thereof on his executing a
Bank guarantee and a bond undertaking to p roduce the property so released, if and when so
required, before the Magistrate having jurisdiction to try the offence on account of which the seizure
has been made or before the Authorised officer.
16. Confiscation by the Authorized officer. - (1) The des ignated officer or empowered
officer seizing the property under section 14 shall, without any unreasonable delay produce the
property, before the Authorized Officer;
(2) When any seized property is produced before the Authorised Officer and he is satisfied
that an offence prohibited under section 12 has been committed using such property, the Authorised
Officer may whether or not a prosecution is instituted for the commission of such offence, order
confiscation of the property so seized.
(3) Where the authorised Officer, passing an order of confiscation under sub -section (2), is of
the opinion that it is expedient in the public interest so to do, he may order confiscated property or
any part thereof to be sold in public auction;
(4) where any confiscated pr operty is sold, as aforesaid, the proceeds thereof, after
deduction of expenses of any such auction or other incidental expenses relating thereto, shall, where
the order of confiscation made under sub -section (2), is set aside or annulled by an order under
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Section 17 or 18 be paid to the owner thereof or to the person from whom it was seized, as may by
specified in such order.
17. Issue of show cause notice before confiscation. - (1) No order confiscating any
instrument, implement, machinery, device, tool , boat, vehicle or any other property shall be made
under section 14 except after giving notice in writing to the person from whom it is seized and
considering his objection, if any:
Provided that no order confiscating a motor vehicle shall be made except after giving a notice
in writing to the registered owner thereof, if in the opinion of the Authorised Officer, it is practicable to
do so, and considering his objections, if any.
(2) Without prejudice to the provisions of sub -section (1), no order confisc ating any
instrument, implement, machinery, device, tool, boat, vehicle or any other property shall be made if
the owner of the instrument, implement, machinery, device, tool, boat, vehicle or any other property
proves to the satisfaction of the Authorized Officer that it was used without the knowledge or
connivance of the owner himself, his agent, if any, and the person in charge of the instrument,
implement, machinery, device, tool, boat, vehicle or any other property and that each of them has
taken all reasonable and necessary precautions against such use.
18. Revision.- the Chief Executive Officer may before the expiry of thirty days from the date
of the order of the Authorised Officer under section 16, suo motu call for and examine the records of
that order and may make such inquiry or cause such inquiry to be made and may pass orders as he
deems fit.
19. Appeal.- (1) Any person aggrieved by an order passed under Section 16 or Section 18
may within thirty days from the date of communication to hi m of such order, appeal to the Sessions
Judge having jurisdiction over the area in which the property in respect to which the order relates has
been seized and the Sessions Judge shall, after giving an opportunity to the appellant and the
Authorised Officer, to be heard, pass such order as he may think fit confirming, modifying or annulling
the order appealed against.
(2) An order of the Sessions Judge under this section shall be final and shall not be
questioned in any court of law.
20. Order of confisca tion not to interfere with other punishments. - The order of any
confiscation under section 15 or 16 or 17 or 18 shall not prevent the infliction of any punishment to
which the person prosecuted thereby is liable, under this Act.
21. Property confiscated when to vest in the Government.- when an order for confiscation
of any property has been passed under Section 15 or 16 or 17 or 18 and such order has become final
in respect of the whole or any portion of such property, such property or portion thereof (or if it has
been sold under subsection (3) of section 16 the sale proceeds thereof) as the case may be; shall
vest in the Government free from all encumbrances.
Provided that no such order prejudicial to a person shall be passed under this section without
giving him an opportunity of being heard.
22. Power to remove encroachment. - (1) Notwithstanding anything contained in the
Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (Karnataka Act 32 of
1974) any person who is found to be unauthorizedly occupying any tank land or part thereof may,
without prejudice to any other action that may be taken against him under any other provisions of the
Act, or any other law for the time being in force, be summarily evicted by the Designated Offi cer or
any other officer authorised by the authority in this behalf:
Provided that no person shall be evicted under this sub -section without giving a reasonable
opportunity of being heard.
(2) Every order for eviction passed under sub -section (1) shall b e in writing and shall be
served on the person unauthorizedly occupying tank land by tendering or delivering a copy thereof to
such person or by sending a copy thereof by registered post or if he refuses to receive it or evades
service, by pasting it on a prominent part of the property in occupation by him or by publication in a
news paper having wide circulation in the area.
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(3) Any crop including trees raised in the tank land and any buildings or other construction
erected thereon by the unauthorized occ upant shall also, if not removed by him within thirty days of
the order of eviction passed in sub section (1), be liable to forfeiture or to summary removal.
(4) Any property forfeited under sub -section (3) shall vest in the Authority and which may
dispose of it, in such manner as deemed fit and the cost of removal of any crop, trees, building or
other construction and the expenditure incurred for restoring the tank to its original condition shall be
recoverable from the person evicted as if it were an arre ars of land revenue or in any other manner
as may be prescribed.
(5) Any person aggrieved by order of the designated officer or other officer authorized by the
Authority under sub -section (1), may, within thirty days from the date of the order, appeal agai nst
such order to the District and Sessions Judge and in such manner as may be prescribed and the
order passed under sub-section (1) shall, subject to the decision in such appeal be final.
1[(6) The Deputy Commissioner and the Superintendent of Police of the District shall render
support as may be required by the Authority to remove the encroachment from any tank.]1
1. Inserted by Act 15 of 2018 w.e.f. 26.03.2018.
CHAPTER - IV
PENALTIES AND PROCEDURES
23. Penalty for contravention of section 12. - Whoever contravenes the provisions of
section 12 shall be punishable with imprisonment for a term which shall not be less than six months
but which may extend to two years and with a fine of not less than ten thousand rupees but which
may extend to rupees twenty thousand.
24. Penalty for causing obstruction to an officers.- Whoever, (1) obstructs any Designated
officer, Authorized officer, empowered officer or any person acting under the orders or directions of
the Authority or the authorized or designated officer from exercising his powers, discharging his
function or performing his duties under this Act or the rules, or regulation made there under; or
(2) damages any works or property of the Authority; or
(3) des troys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the
ground or any notice or any notice or other matter put up, inscribed or placed, by or under the
directions of the Authority or any authorized officer or designated officer;
Shall be punishable with imprisonment for a term which may extend to one year and with fine which
may extend to ten thousand rupees.
25. Penalty for failure to report unlawful occupation of tank .– Being an officer or servant
of the Authority or the Government or any local or other authority entrusted with the responsibility of
report of unlawful occupation or use of tank or maintenance and protection of tank, fails to report or to
take action to remove such unlawful occupation or to maintain or prote ct tank shall punished with
such disciplinary penalty after departmental enquiry or with a fine of rupees ten thousand.
26. Punishment for wrongful seizure. - Any officer, who vaxatiously and unnecessarily
seizes any property on the pretence of seizing pro perty liable to forfeiture under this Act shall be
punished with such penalty as prescribed in the relevant disciplinary rules and with fine which may
extend to five thousand rupees.
27. Penalty for contravention of certain provisions of the Act. - Whoever contravenes any
other provisions of this Act or any rules or regulations made there under or fails to comply with any
order or direction given under this Act, for which no penalty has been specifically provided, shall be
punishable with imprisonment which may extent to one year and with fine which may extent to five
thousand rupees.
28. Enhanced penalty after previous conviction under section 23.- If any person, who has
been convicted of any offence under section 23 is again found guilty of an offence inv olving a
contravention of the same provision, shall on the second and on every subsequent conviction be
punishable with imprisonment for a term which shall not be less than six months and with a fine of
rupees one lakh.
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29. Abetment of offence. - Whoever a bets any offence punishable by or under this Act or
attempts to commit any such offence shall be punished with a penalty provided by or under this Act
for committing such offence.
30. Offences by Companies / residents association. - (1) Where an offence un der this Act
has been committed by a company / residents association, every person who, at the time the offence
was committed was in charge of, and was responsible to, the conduct of the business of the
Company / residents association shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section, shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
Explanation: For the purposes of this section:-
a) “Company” means any body corporate and includes a firm or other association of
individuals,
b) “Director “ in relation to a firm means a partner in the firm, in relation to the association,
the Secretary or the President of the association as the case may be.
c)
31. Offences by Government department. - Where an offence under this Act has been
committed by any department of the Government or any local or other authority, the head of the
department of the Government, or as the case may be, the Chief Executive Officer (by whatever
name called) who is in charge of such local or other authority shall be deeme d to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section render such head of the department or as the
case may be, the Chief Executive Officer liable to any punishme nt if he proves that the offence was
committed without his knowledge or that he exercised due diligence to prevent the commission of
such offence.
32. Arrest without warrant.- (1) Any police officer or designated officer or empowered officer
may without orders from a Magistrate and without a warrant, arrest any person reasonably suspected
of having been committed in any offence under this Act punishable with imprisonment for on e year or
more if such person refuses to give his name and residence address or gives a name or residence
which there is reason to believe to be false, or if there is reason to believe that he will abscond.
(2) Any person arrested under this section shall be informed , as soon as may be, of the
grounds for such arrest and shall be produced before the nearest Magistrate having jurisdiction in the
case within a period of twenty four hours of such arrest excluding the time necessary for journey from
the place of arrest to the Court of the Magistrate and no such person shall be detained in custody
beyond the said period without the authority of a Magistrate.
33. Power to release on bond a person arrested. - Any Police Officer or designated officer
who has arrested any person under section 32 may release such person on his executing a bond with
proper surety to appear, if and when so required, before the Magistrate having jurisdiction in the case
or before the officer in charge of the nearest Police Station.
34. Cognizance of offences.- The offence under this Act shall be cognizable.
CHAPTER - V
FUND, ACCOUNTS AND AUDIT OF THE AUTHORITY
35. Fund of the Authority. - (1) The Authority shall have its own fund and the amount which
may from time to time, be paid to i t by the Government and all other receipts (by way of gifts, grant,
penalties, fees, charges or otherwise) shall be carried to the fund of the Authority and all the
payments for the Authority made there from.
(2) The Authority may spend such sum as it deems fit for performing its duties and discharging
its functions under this Act. Such sum shall be treated as expenditure payable out of the fund of the
Authority.
1[XXX]1
1. Omitted by Act 15 of 2018 w.e.f. 26.03.2018.
14
36. Accounts and Audit.- (1) The Authority shall maintain proper accounts and other records
and prepare an annual statement of accounts in such form and in such manner as may be
prescribed.
(2) The accounts of the Authority shall be audited by the State Accounts Department or s uch
auditor appointed by the Government.
(3) The said auditor shall have the right to demand production of books, accounts, connected
vouchers and other documents and papers and to inspect any offices of the Authority.
(4) The Authority shall send a copy o f the report of the auditor together with an audited copy
to the Government within nine months from the end of each financial year.
(5) The Government shall, as soon as may be after the receipt of the audit report under sub -
section (4) cause the same to be laid before both the Houses of the State Legislature.
37. Annual report. - The Authority shall during each financial year prepare in such form as
may be prescribed the annual report giving full accounts of its activities under this Act during the
previous financial year and copies thereof shall be sent to the Government within four months from
the last date of the previous financial year and the Government shall cause such report to be laid
before both the Houses of the State Legislature within a period of nine months from the last date of
previous financial year.
38. Budget.- The Authority shall during each financial year prepare in such form and at such
time as may be prescribed, a budget in respect of financial year next ensuing showing the estimated
receipt and expenditure, and copy thereof shall be forwarded to the Government.
39. Borrowing power of Authority.- The Authority may, with the consent of the Government,
or in accordance with the terms of any general or special authority given to it by the Government,
borrow money from any source, by way of loans or issue of bonds, debentures or such other
instruments as it may deem fit for the discharge of all or any of its function under this Act.
40. Mode of making contract. - The Chief Executive Officer shall execute contracts and
agreements on behalf of the Authority in respect of matters which he is empowered to carry out under
the provisions of this Act. He may execute such contracts or agreements on behalf of the Authority up
to such amount as may be specified by the Government fExcerpt shown. Open the full act in Lexace.