Act Info:
Where, for the safety of an irrigation system under a pipe-outlet in a Command Area and for other technical reasons it is considered necessary to take any conservation measures like contour bounding, drainage and trenching in land adjacent to the lands under the Command Area, the Authority shall have and exercise all the powers under the Karnataka Land Improvement Act, 1961 (Karnataka Act 6 of 1962) and the rules made thereunder in respect of soil conservation measures required to be taken therein.
Section 35 - Formation of units
All lands comprised in the Command Area under a pipe-outlet shall form a single unit for purposes of,-
(i) comprehensive land development; and
(ii) maintenance and upkeep of irrigation system under a pipe-outlet.
Section 36 - Power to enter, survey etc.
Any Land Development Officer or any other officer authorised by the Authority in this behalf, with or without assistants or workmen may,-
(a) enter upon any land in the Command Area of an irrigation system under a pipe-outlet or lands adjacent thereto and undertake survey or take levels thereon for preparing a scheme for systematic land development;
(b) dig and bore into top soil or sub-soil and collect a soil samples for technical investigation;
(c) make and set up suitable land marks, and level marks for the said purpose; and
(d) do all other acts necessary for the proper conduct of any inquiry or investigation relating to any existing or proposed scheme for comprehensive land development:
Provided that if the Land Development Officer proposes to enter into any building or any enclosed court-yard attached to a dwelling house, he shall give the occupier of such building or court-yard atleast a days notice in writing of his intention to do so, if the occupier denies entry on oral request.
Section 37 - Charge leviable
The Authority may levy and collect charges for the maintenance and repairs of irrigation channels or drain channels from the beneficiaries where maintenance of such channels is done by the Authority.
Section 38 - Fees for Service
The Authority may charge such fees as may be specified in the rules made under this Act, for rendering any service to any person.
Section 39 - Members of the Authority and members of the staff of the Authority to be public servants
Members of the Authority and the members of the staff of the Authority shall, while acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Section 40 - Protection for acts done in good faith
No suit, prosecution or other legal proceedings shall lie against the State Government, the Authority or the Chairman or other members of the Authority or any officer or servant of the State Government or of the Authority for anything which is in good faith done or purported or intended to be done in pursuance of this Act, or any rule made thereunder.
Section 41 - Recovery of dues as arrears of land revenue
Whenever any sum is due to be paid by any land holder under sub-section (2) of section 16 has not been paid within the time prescribed for such payment, it shall be recoverable with interest at such rates as may be prescribed in the same manner as arrears of land Revenue.
Section 42 - Offences by companies
(1) If the person committing an offence under this Act, is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence 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 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(sb) "director" in relation to a firm means a partner in the firm.
Section 43 - Bar of jurisdiction of civil courts
(1) No order passed or proceeding 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 authroity 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 sue shall be bound to give the officer or servant, as the case may be, at least one months notice of the intended suit with sufficient description of the cause of action failing which such suit shall be dismissed.
Section 44 - Power to summon and examine witness
Any officer empowered under this Act, to conduct any enquiry may exercise such powers connected with the summoning and examining of the witnesses and the production of documents as are conferred on a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and any such enquiry shall be deemed to be a judicial proceeding.
Section 45 - Revision
(1) The State Government may, either suo-motu at any time or on an application made within the prescribed period by any person interested, call for and examine the record relating to any decision or order passed or proceeding taken by any Authority or officer subordinate to it under this Act, for the purpose of satisfying itself as to the legality or propriety or regularity of such decision or order or proceedings and if in any case, it appears to it that any such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration it may pass orders accordingly:
Provided that no orders adversely affecting any person shall be passed under this sub-section unless such person has been given an opportunity of making a representation.
(2) The State Government may stay the execution of any such decision, order, or proceeding pending the exercise of its powers under sub-section (1).
Section 46 - Power to make rules
(1) The State Government may, after previous publication in the official Gazette, by notification, make rules to carry out all or any of the purposes of this Act.
(2) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both houses of the State Legislature.
(3) Every rule made under this Act shall, immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of thirty days which may be comprised in one session, or two or more successive sessions, and if before the expiration of the sessions in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, 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.
(4) Any person contravening any rule made under this Act for the contravention of which no special penalty is provided shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both:
Provided that no prosecution under this sub-section shall be instituted without the previous sanction of the Administrator.
Section 47 - Regulations
Every Authority may with the previous approval of the State Government, after previous publication, by notification, in the official Gazette, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to discharge its functions under this Act.
Section 48 - Directions by the State Government
In the discharge of its functions, every Authority shall be guided by such directions and instructions as may be given to it by the State Government.
Section 49 - Act to over-ride other laws
(1) The provisions of this Act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or contract or decree or order of a court or other authority.
(2) For removal of doubts it is hereby declared that the provisions of the Karnataka Land Improvement Act, 1961 and the Karnataka Irrigation Act, 1965 and the rules made thereunder shall apply to the extent such provisions are not inconsistent with the provisions of this Act.
Section 50 - Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions not inconsistent with the provisions of this Act as appear them to be necessary or expedient for the purpose of removing the 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) Every notification issued under this section shall be laid before each House of the State Legislature, and the provisions of sub-section (2) of section 46, shall apply in respect of a rule made under this Act.
Section 51 - Repeal of Karnataka Ordinance No. 21 of 1979
(1) The Karnataka Command Areas Development (Second) Ordinance, 1979 (Karnataka Ordinance No. 21 of 1979) is hereby repealed.
(2) Notwithstanding such repeal any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under the said Ordinance shall be deemed to have been taken, made or issued under this Act and any reference therein to the said Ordinance shall be deemed to be a reference to this Act and shall continue in force accordingly unless and until superseded by any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under this Act.