LexThe KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
Karnataka · state statute
Open in Lexace · Ask the AI about this act KARNATAKA ACT NO. 10 OF 2015
THE KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, commencement and application
2. Definitions
CHAPTER II
THE LAKE CONSERVATION AND DEVELOPMENT AUTHORITY
3. Constitution of the Authority
4. Meetings of the Authority
5. Functions of the Authority
6. Powers of the Authority
7. Powers of Chairperson of Governing Council
8. Powers of Chairperson of Executive Committee
9. Chief Executive Officer
10. Officers and other employees of the Authority
11. Authorized Officer
12. Designated officer
13. Empowered Officer
CHAPTER III
PROTECTION OF LAKES
14. Acts prohibited in lakes
15. Protection of lakes
16. Seizure of property liable for confiscation
17. Power to release property seized under section 16
18. Confiscation by the Authorized officer
19. Issue of show cause notice before confiscation
20. Revision
21. Appeal
22. Order of confiscation not to interfere with other punishments
23. Property confiscated when to vest in the Government
24. Power to remove encroachment
CHAPTER IV
PENALTIES AND PROCEDURES
25. Penalty for contravention of section 14
26. Penalty for causing obstruction to any officers
27. Penalty for failure to report unlawful occupation of lake
28. Penalty for contravention of certain provisions of the Act
29. Enhanced penalty after previous conviction under section 25
30. Abetment of offence
31. Offences by Companies/residents association
32. Offences by Government department, etc
33. Arrest without warrant
34. Power to release on bond a person arrested
35. Cognizance of offences
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CHAPTER V
FUND, ACCOUTNS AND AUDIT OF THE AUTHORITY
36. Fund of the Authority
37. Accounts and Audit
38. Annual report
39. Budget
40. Borrowing power of Authority
41. Mode of making contract
CHAPTER VI
MISCELLANEOUS
42. Officers of Government, Local authorities, etc., to assist
43. Bar of jurisdiction
44. Officers to be public servants
45. Protection of action taken in good faith
46. Suits or prosecution in respect of acts done under colour of duty
47. Delegation of powers
48. Effect of other laws
49. Removal of difficulty
50. Notice of suit against the Authority etc
51. . Power to make rules
52. Power to make regulations
STATEMENT OF OBJECTS AND REASONS
Act 10 of 2015.-
It is considered necessary,-
1. to protect, conserve, reclaim, regenerate and restore lakes to facilitate recharge of
depleting ground water by promoting integrated approach with the assistance of
concerned Government departments, local and other authorities;
2. to exercise regulatory control over all the lakes within the jurisdiction of all the Mucipal
Corporations and Bengaluru Development Authority including prevention and removal of
encroachment of lake area and its natural drainage system.
3. to prepare a plan for integrated development of lakes and to improve and also to create
habitat of wetland for aquatic biodiversity, water birds and aquatic plants controlling
pollution of lakes from sewage and other industrial effluents.
4. to encourage participation of communities and vol untary agencies and to launch public
awareness programmes for conservation, preservation and protection of lakes.
Hence, the Bill.
[L.A. Bill No. 69 of 2014, File No. Samvyashae 07 Shasana 2012]
[entries 17 and 32 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 10 OF 2015
(First Published in the Karnataka Gazette Extra-ordinary on the Seventh day of March 2015)
THE KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ACT, 2014
(Received the assent of the Governor on the Third day of March 2015)
An Act to provide for establishment of a Lake 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 lakes are being converted into urban and industrial land use after brea king bund and
draining water;
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 affect ing aquatic flora and fauna and accordingly there is an
urgent need for protection, conservation and rejuvenation of water bodies;
And now therefore, it is expedient to provide for establishment of a Karnataka Lake
Conservation and Development Authority having necessary powers and functions to achieve the
object of protection, conservation and rejuvenation of water bodies like tanks, lakes, wet lands and
their catchment areas, inlets and outlets for ensuring long term sustenance of such water bodies, and
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:-
CHAPTER I
PRELIMINARY
1. Short title, commencement and application. - (1) This Act may be called the Karnataka
Lake Conservation and Development Authority Act, 2014.
(2) It shall come into force on such date as the Government may, by notification appoint.
This Act has came into force w.e.f 05.06.2015 by Notification No.FEE 52 ENV 2013 (part-1), Dated:.03.06.2015.
(See the text of the notification at the end of the Act)
(3) It applies to all the lakes in the Karnataka State located within the limits of all Municipal
Corporations and Bangalore Development Authority or any other water bodies or lakes notified by the
Government from time to time.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) “Authority” means the Karnataka Lake Conservation and Development Authority
constituted under section 3;
(b) “Authorized officer” means any officer appointed by the Government under section 11;
(c) “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed
under section 9;
(d) “Designated Officer” means any officer who belongs to Fores t Department or Urban
Development Department and appointed or designated as such by the Authority under
section 12;
(e) "Empowered Officer" means any officer appointed under section 13;
(f) “Government” means the Government of Karnataka;
(g) “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;
(h) “lake” means an inland water -body irrespective of whether it contains water or not,
mentioned in revenue records as sarkari kere, kharab kere, kunte, katte or by any other
name and includes the peripheral catchment areas, Rajakaluve main feeder, inlets,
bunds, weirs, sluices, draft channels, outlets and the main channels of drainages to and
fro;
(i) "Landscape" includes all forms of trees, shrubs, grasses whether naturally growing or
planted in water bodies to enhance aesthetic value;
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(j) "Notification" means a notification published in the Official Gazette;
(k) "Member" means a member of the Lake Conservation Development Authority,
specified in sub-section (3) and sub-section (5) of section 3 includes the Chairman;
(l) "Research" means study or systematic investigation on all the relevant issues pertaining
to lakes;
(m) “surface water” includes water occurring on the land of lakes 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 1964).
CHAPTER II
THE LAKE 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 Lake 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 Governing Council of the Authority shall consist of the following members, namely:-
(a) The Chief Secretary to Government shall be the Chairperson of the Governing Council;
(b) The Additional Chief Secretary or Principal Secretary to
Government, Forest, Ecology and Environment Department
- Ex-officio Member
(c) Additional Chief Secretary or Principal Secretary to
Government, Finance Department
- Ex-officio Member
(d) Additional Chief Secretary or Principal Secretary to
Government, Urban Development Department
- Ex-officio Member
(e) The Principal Secretary or Secretary to Government, Minor
Irrigation Department
- Ex-officio Member
(f) The Principal Secretary or Secretary to Government,
Animal Husbandry and Fisheries Department
- Ex-officio Member
(g) The Principal Secretary to Government, Revenue
Department
- Ex-officio Member
(h) The Member Secr etary, Karnataka State Pollution Control
Board, Bangalore
- Ex-officio Member
(i) The Chairman, Bangalore Water Supply and Sewerage
Board, Bangalore
- Ex-officio Member
(j) The Commissioner, Bangalore Development Authority,
Bangalore
- Ex-officio Member
(k) The Commissioner, Bruhat Bangalore Mahanagara Palike,
Bangalore
- Ex-officio Member
(l) The Secretary to Government Forest, Ecology and
Environment Department (Ecology and Environment)
- Ex-officio Member
(m) Three non-official members nominated by the Government
from amongst experts in the field of environment and ecology
or lake conservation of whom at least one shall be a woman
and one shall be a person belonging to the Scheduled Castes
or Scheduled Tribes.
- Non Official Member
(n) The Chief Executive Officer of the Authority. - Member secretary
(4) There shall be an Executive Committee of the Authority which shall be chaired by the
Additional Chief Secretary or Principal Secretary to Government, Forest Ecology and Environment
Department. The Executive Committee shall function as an Empowered Comm ittee of the
Authority.
(5) The Executive Committee of the Authority shall consist of the following members, namely:-
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1. Additional Chief Secretary or Principal Secretary to Government, Forest, Ecology and
Environment Department Chairperson.
2. Additional Chief Secretary or Principal Secretary to
Government, Urban Development Department
- Member
3. Principal Secretary or Secretary to Government
Animal Husbandry and Fisheries Department
- Member
4. Principal Secretary or Secretary to Government Minor
Irrigation Department
- Member
5. Principal Secretary or Secretary to Government
Revenue Department
- Member
6. Principal Secretary or Secretary to Government
Finance Department
- Member
7. Secretary to Government(Ecology and Environment),
Forest, Ecology and Environment Department
- Member
8. Member Secretary, Karnataka State Pollution Control
Board, Bangalore
- Member
9. Principal Chief Conservator of Forests, (HOFF) Forest
Department
- Member
10. Chairman, Bangalore Water Supply and Sewerage
Board, Bangalore
- Member
11. Commissioner, Bruhat Bangalore Mahanagar Palike - Member
12. Chief Executive Officer of the Authority. - Member
Secretary
(6) 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 interest; or
(5) acquired such financial or other interest as is likely to affect prejudicially his
functions as a member.
(6)
4.
Meetings of the Authority.- (a) The Governing Council of the Authority shall meet at least
once in a financial year.
(b) The Executive Committee of 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, 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 or under this Act, the procedure for conduct of
business at the meeting of the Authority shall be such as may be specified in the regulations.
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 lakes within its jurisdictions including prevention
and removal of encroachment of lake;
(2) to protec t, conserve, reclaim, regenerate and restore 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 lakes;
(4) to take up environmental planning and mapping of lakes and their surrounding areas with
the help of geographical information system and prepare database and atlas of lakes and
their catchments;
(5) to prepare a plan for integrated development of lakes;
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(6) to improve and also create habitat (wet lands) for aquatic biodiversity, water birds and
aquatic plants by reducing sullage and non-point sewage impacts;
(7) to facilitate for impounding storm water drainage system, reduce or remove siltation of
lakes by taking up appropriate soil and water conservation measures including afforestation
and to augment recharge of ground water aquifers and revive bore-wells;
(8) to improve and monitor water quality, conserve lake ecology on need bas is and to protect
them against domestic and industrial pollution;
(9) to utilize or allow to utilize the lakes for the purpose of drinking water, fishing, irrigation,
education or tourism or any other purpose as the Authority may determine;
(10) to encourage partic ipation of communities and voluntary agencies and to launch public
awareness programmes for lake conservation, preservation and protection of lakes;
(11) to advise on any matter that may be referred to it by the Government or any institution.
(12) to promote inte grated and co -ordinated applied research on all the relevant issues
pertaining to lakes;
(13) to do such other acts as the Authority may consider necessary, conducive or incidental,
directly or indirectly, to achieve the object of this Act.
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 lakes;
(2) to receive grants, donations, contributions, deposits and rents, and to levy fees or charges
for development and maintenance of lakes at such rates approved by the Government;
(3) to grant technical approval to any project proposal made by any Government Departme nt
or organization or association or person
interested in developing, maintaining, conserving or protecting a lake 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, protection and
any other purpose relating to lake; and
(6) to take up survey of lake boundary, detect encroachment if any and to remove
encroachments and erect boundary pillars and to fence them to prevent encroachment of
the lake.
7. Powers of Chairperson of Governing Council. - The Chair person of the Governing
Council shall be the Non-Executive Head of the Authority and shall,-
(a) convene, preside over and conduct meetings of the Governing Council;
(b) discharge all duties conferred and exercise all powers conferred on him by or
under this Act.
8. Powers of Chairperson of Executive Committee. - The Chair person of the Executive
Committee shall be the non executive head of the Authority and shall,-
(a) convene, preside over and conduct meetings of the Executive Committee;
(b) discharge all duties conferred and exercise all powers conferred on him by or
under this Act;
(c) seek funds for the regeneration/development/
maintenance of lakes;
(d) Grant approval for the Detailed Project Reports (DPRs) to be submitted to Ministry
of Environment and Forests under National Plan for Conservation of Aquat ic
Ecosystem, grant approvals for the works to be taken up by following due process
under Karnataka Transparency in Public Procurements Act, 2000;
(e) have powers to constitute any sub-committee/s for the above purposes.
9. Chief Executive Officer.- (1) The Government may appoint an officer not below the rank
of a Secretary to the Government or equivalent officer to be the Chief Executive Officer of the
Authority.
(2) Subject to the general powers of the Authority and the Chair person, overall powers for the
purpose of carrying out the provisions of this Act and any other law for the time being in force which
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imposes a duty or confers any powers on the Authority 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 permi ssions, orders, decisions, notices and other documents
of the Authority;
(h) exercise such other powers and discharge such other functions and perform such other duties
as may be prescribed.
10. Officers and other employees of the Authority. - (1) The Government shall provide to
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.
11 Authorized Officer. - The Government may appoint an officer not below the rank of a
Group 'A' officer of the State Civil Services as Authorized officer who shall exercise powers under this
Act and such other powers as may be specified by the Government from time to time.
12. Designated officer.- (1) The Authority may designate or appoint any officer as designated
officer to be in-charge of one or more lakes to ensure their protection, conservation, development and
for any other purpose.
(2) The designated officers shall exercise powers under this Act and such other powers as the
Authority may by a special or general order confer upon them.
13. Empowered Officer. - The Authority may designate or appoint any officer as the
Empowered Officer to carry out any of the works assigned to the Designated Officer.
CHAPTER III
PROTECTION OF LAKES
14. Acts prohibited in lakes.- 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 authority
and their agents or employees or any body on their behalf shall,-
(1) use the lake for any purpose other than storage or impounding of water or for the purpose
mentioned in clause (9) of section 5;
(2) construct any structure on lake land, occupy any lake land or part thereof or cause any
obstruction at the natural or normal course of inflow or outflow of water into, or from, the
lakes on the upstream and or downstream;
(3) construct any commercial, recreational or industrial complexes or houses or carry on any
industrial activity within the distance to be notified by the Government depending on the
water spread area of the lake;
(4) dump debris, municipal solid wastes, mud or earth soil or liquid wastes or any pollutants,
into the lake by using vehicle or otherwise;
(5) discharge untreated sewage into the lake directly or indirectly;
(6) construct roads, bridges and likewise other structures within the lake area including the
tank bund;
(7) breach bund, waste weir including lowering 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 lakes.
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Provided that nothing in this Act shall prohibit withdrawal of water for drinking or irrigation or
any other purpose for human consumption from any lake be specified by the Authority from time to
time:
Provided further that nothing in this Act shall prohibit stocking of fish seeds and development
of fisheries (except the fish which are dangerous or harmful to the aquatic eco-system of the lake) by
the Government and its licensee, lessees or contractor in any lake specified by the Authority from
time to time.
15.
Protection of lakes.- (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 lake to permanently demarcate its
boundaries and to take such other measures as may be necessary at their own cost.
(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 lake to take such
measures as are necessary and expedient to remove encroachment or unauthorized occupation of
such lake and prevent its recurrence.
(3) The Authority may by order specify any lake as a heritage site or bio- conservation site or
protected site, or reserve it for any special purpose in view of its historical, ecological or
environmental importance and prevent from being put to any other alternate use and may specify its
utilization, if any.
16. Seizure of property liable for confiscation.- (1) When there is reason to believe that an
offence punishable under section 25 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.
(2) The Designated 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 or Authorized Officer
having
jurisdiction to try the offence on account of which the seizure is made. The procedure of seizure shall
be has 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 the State Government or a local or other authority or if the offender is unknown, the
Designated officer or empowered officer shall report to the Chief Executive Officer.
(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.
17. Power to release property seized under section 16. -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 Chief Executive officer to the owner thereof on his executing
a Bank guarantee and a bond undertaking to produce 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 Authorized officer.
18. Confiscation by the Authorized officer. - (1) The designated officer or empowered
officer seizing the property under section 16 shall, without any unreasonable delay produce the
property, before the Authorized Officer;
(2) When any seized property is produced before the Authorized Officer and he is satisfied
that an offence punishable under section 25 has been committed using such property, the Authorized
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 Authorized 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 property 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 Section 20 or
21 be paid to the owner thereof or to the person from whom it was seized, as may be specified in
such order.
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19. 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 18 except after giving notice in writing to the person from whom it is seized and
considering his objections, 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 Authorized 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 confiscating 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.
20. Revision.- The Chief Executive Officer may before the expiry of thirty days from the date
of the order of the Authorised Officer under section 18, 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 .
21. Appeal.- (1) Any person aggrieved by an order passed under Section 18 or Section 20
may within thirty days from the date of communication to him 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
Authorized 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.
22. Order of confiscation not to interfere with other punishments. - The order of any
confiscation under section 18 or 20 or 21 shall not prevent the infliction of any punishment to which
the person prosecuted thereby is liable, under this Act.
23. Property confiscated when to vest in the Government. -When an order for confiscation
of any property has been passed under Section 18, 20 or 21 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 sub-section (3) of section 18 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.
24. 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 pers on who is found to be unauthorizedly occupying any lake land or part thereof may,
without prejudice to any other action that may be taken against him under any other provisions of this
Act, or any other law for the time being in force, be summarily evict ed by the Designated Officer or
any other officer authorized 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 be in writing and shall be
served on the person unauthorizedly occupying lake 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.
(3) Any crop including trees raised in the lake land and any buildings or other construction
erected thereon by the unauthorized occupant 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.
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(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 lake to its original condition shall be
recoverable from the person ev icted as if it were an arrears of land revenue or in any other manner
as may be prescribed.
(5) Any person aggrieved by an 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 against
such order to 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.
(6) The Deputy Commissioner and the Superintendent of Police of the district shall render
help and assistance as may be required by the Authority to remove the encroachment from any lake.
CHAPTER IV
PENALTIES AND PROCEDURES
25. Penalty for contravention of section 14. - Whoever contravenes the provisions of
section 14 shall be punishable with imprisonment for a term which shall not be less than three years
but which may extend to five years and with a fine of not less than ten thousand rupees but which
may extend to rupees twenty thousand.
26. Penalty for causing obstruction to any officers. - Whoever,- (1) obstructs any
Designated officer, Authorized officer, empowered officer or any person acting under the orders or
directions of the Authority or from exercising his powers, discharging his functions or performing his
duties under this Act or the rules, or regulations made thereunder; or
(2) damages any works or property of the Authority; or
(3) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the
ground 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.
27. Penalty for failure to report unlawful occupation of lake.-Being an officer or servant of
the Authority or the Government or any local or other authority entrusted with the responsibility of
reporting of unlawful occupation or use of lake or maintenance and protection of lake, fails to report
or to take action to remove such unlawful occupation or to maintain
or protect lake shall be punished with imprisonment for a term, which may extend one year and with
a fine of rupees ten thousand.
28.
Penalty for contravention of certain provisions of the Act. - Whoever contravenes any
other provisions of this Act or any rules or regulations made thereunder 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 extend to one year and with fine which may extend to five
thousand rupees.
29.
Enhanced penalty after previous conviction under section 25.- If any person, who has
been convicted of any offence under section 25 is again found guilty of an offence involving a
contravention of the same provision, shall on the second and on every subsequent conviction be
punishable with imprisonment for a ter m which shall not be less than five years and with a fine of
rupees one lakh.
30. Abetment of offence. - Whoever abets any offence punishable by or under this Act or
attempts to commit any such offence shall be punished with an imprisonment of six months and a
penalty provided by or under this Act for committing such offence.
31. Offences by Companies/residents association. - (1) Where an offence under 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.
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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.
32. Offences by Government department, etc. - 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 deemed 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 punishment if he proves that the offence was
committed without his knowledge or that he exercised due diligence to prevent the commission of
such offence.
33. 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 one year, 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.
34. Power to release on bond a person arrested. - Any Police Officer or designated
officer who has arrested any person under section 33 may release such person on his executing a
bond with proper surety to appear, if and when so required, before the Magistrate hav ing jurisdiction
in the case or before the officer in charge of the nearest Police Station.
35. Cognizance of offences.-The offences under this Act shall be cognizable.
CHAPTER V
FUND, ACCOUTNS AND AUDIT OF THE AUTHORITY
36. Fund of the Authority.- (1) The Authority shall have its own fund and the amount which
may from time to time, be paid to it 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.
37. 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 an auditor appointed by the Authority.
(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 of 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.
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38. 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.
39. 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.
40. 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.
41. Mode of making contract. - The Chief Executive Officer sh all 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 from time to time. In all other cases he shall
execute a contract or agreement only with the sanction of the Authority.
CHAPTER VI
MISCELLANEOUS
42.
Officers of Government, Local authorities, etc., to assist. -All officers of the
Government, any local or other authority shall render such help and assistance and furnish such
information to the Authority as it may require for the discharge of its functions, and shall make
available to the Authority or any other officer authorise d in this behalf for inspection and examination
such records, maps, plans and other documents as may be necessary for the discharge of its
functions.
43.
Bar of jurisdiction.- Whenever any instrument, implement, machinery, device, tool, boat,
vehicle or any other -property is seized under section 16, the Authorized officer under section 18 or
the Chief Executive Officer under section 20 or the Sessions Judge hearing appeal under section 21
shall have powers to exercise in accordance with the Code of Criminal Procedure, 1973 (Central Act
2 of 1974) or in any other law for the time being in force and no other officer, Court, Tribunal or
Authority shall have jurisdiction to make any order with regard to the custody, possession, delivery,
disposal or distribution of such property.
44.
Officers to be public servants. - The Chairperson, members, officers and other
employees of the Authority and every other officer exercising any of the powers conferred by this Act
or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code.
45. Protection of action taken in good faith. - No suit, prosecution or any other legal
proceedings shall lie against the Authority or the Chair person or the member of the Authority or any
officer of employee of the Authority or any person appointed or authorized by the Authority under this
Act, in res pect of anything done or omitted to be done in good faith under this Act or the rules or
regulations made thereunder.
46.
Suits or prosecution in respect of acts done under colour of duty. - (1) In any case of
alleged offence by designated officer, empowered officer or any other officer or employee of the
Authority or of a wrong alleged to have been done by such designated officer, empowered officer or
any such other officer or employee by any act done under colour or in excess of such duty of
authority under this Act, or wherein it shall appear to the Court that the offence, if committed or done
was of the aforesaid character, the prosecution or suit shall not be entertained against them except
with the previous sanction of the Government.
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(2) In the case of an intended suit on account of such wrong as aforesaid, the person
intending to sue shall be bound to give to the alleged wrongdoer at least one month’s notice of the
intended suit with sufficient description of the wrong complained of failing which su ch suit shall be
dismissed.
(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and
the date of such service and shall state whether any, and if so what tender of amend has been made
by the defendant. A copy of the said notice, shall be annexed to the plaint endorsed with a
declaration by the plaintiff of the time and manner of service thereof.
47. Delegation of powers. - The Authority may by order in writing delegate to any officer or
authority subordinate to it, any of powers conferred on it under this Act to be exercise by such officer
or authority subject to such restrictions and conditions, if any, as may be specified in the said order.
48. Effect of other laws. - (1) Subject to the provisions of sub- section (2), the provisions of
this Act and the rules and regulations made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act.
(2) Nothing in thi s Act shall prevent any person from being prosecuted and punished under
any other law for the time being in force for any act or omission, which also constitutes an offenExcerpt shown. Open the full act in Lexace.