KARNATAKA KRISHNA BASIN
DEVELOPMENT AUTHORITY ACT, 1992 THE KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT,
1992[1] [Act, No. 12 of 1996] [7th 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:- (1)
This Act may be called the Karnataka Krishna
Basin Development Authority Act, 1992. (2)
It shall come into force on such[2]
[date] as the State Government may, by notification in the Official Gazette
appoint.
Preamble 1 - KARNATAKA KRISHNA BASIN
DEVELOPMENT AUTHORITY ACT, 1992PREAMBLE
Section 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-Public
Prosecutor'' means the Special Government pleader-cum-Public Prosecutor of the
Authority appointed under section 36 of this Act.
Section 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.
Section 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.
Section 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 |
Section 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.
Section 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.
Section 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, electrical 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 cause
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.
Section 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.
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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 40 - Bar of suits etc.
(1)
No order passed or proceedings taken by an
officer or Authority under this Act, shall be called in question 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.
Section 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.
Section 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.
Section 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 incidental to the exercise of powers
or the performance of functions by the Authority under this Act.
Section 44 - Removal of difficulties
(1)
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 notification 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.
Section 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.
Section 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 1 - SCHEDULE I
1.
Disputes between the Authority 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, taxes, penalty
and disputes arising therefrom.
Schedule 2 - 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
punishable under sections 143 to 145, 147, 149, 150 to 160 of Indian Penal
Code.
4.
Personating of public servant punishable
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 punishable
under section 193 (second part), section 196 to 200, 201 (third part), 202 to
210, 211 (third part), 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.