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Karnataka Krishna Basin Development Authority Act, 1992 Preamble 1

Title: Karnataka Krishna Basin Development Authority Act, 1992

State: Karnataka

Year: 1992

THE KARNATAKA KRISHNA BASIN DEVELOPMENT AUTHORITY ACT, 19921 [Act, No. 12 of 1996] [7th September, 1994] PREAMBLE 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. First published in the Karnataka Gazette Extraordinary on the Nineteenth day of July 1996.

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Karnataka Krishna Basin Development Authority Act, 1992 Section 4

Title: Limits of Krishna Basin and Area of Operation

State: Karnataka

Year: 1992

(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.

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Karnataka Krishna Basin Development Authority Act, 1992 Complete Act

Title: Karnataka Krishna Basin Development Authority Act, 1992

State: Karnataka

Year: 1992

.....25 - Land Acquisition Section 26 - Amount Payable Section 27 - Application of Land Acquisition Act, 1894 Section 28 - Compulsory acquisition of land for the Authority Section 29 - Exercise of power under Land Acquisition Act Section 30 - Authority to have power to acquire land by agreement Chapter 7 Section 31 - Constitution of Special Courts Section 32 - Jurisdiction of Special Courts Section 33 - Procedure and powers of Special Courts Section 34 - Revision Section 35 - Bar of jurisdiction Section 36 - Appointment of Special Government pleader-cum-Public prosecutor Chapter 8 Section 37 - Officers and servants of the Authority to be public servants Section 38 - Protection of action taken under this Act Section 39 - Overriding effect of the Act Section 40 - Bar of suits etc. Section 41 - Power to make rules Section 42 - Powers of Authority to make regulations Section 43 - Power of entry Section 44 - Removal of difficulties Section 45 - Power to transfer cases to regular Courts Section 46 - Amendment of Karnataka Act 34 of 1987 Schedule 1 - SCHEDULE I Schedule 2 - SCHEDULE-II

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Karnataka Krishna Basin Development Authority Act, 1992 Chapter 2

Title: Constitution and Incorporation of the Authority

State: Karnataka

Year: 1992

.....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.....

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Karnataka Krishna Basin Development Authority Act, 1992 Chapter 1

Title: Preliminary

State: Karnataka

Year: 1992

....."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.....

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Karnataka Krishna Basin Development Authority Act, 1992 Chapter 3

Title: Powers and Functions of the Authority

State: Karnataka

Year: 1992

.....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.....

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Karnataka Krishna Basin Development Authority Act, 1992 Section 2

Title: Definitions

State: Karnataka

Year: 1992

....."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.....

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Karnataka Krishna Basin Development Authority Act, 1992 Section 7

Title: Functions of the Authority

State: Karnataka

Year: 1992

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.

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Karnataka Krishna Basin Development Authority Act, 1992 Chapter 7

Title: Settlement of Disputes, Offences and Penalties

State: Karnataka

Year: 1992

.....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.

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Karnataka Krishna Basin Development Authority Act, 1992 Section 31

Title: Constitution of Special Courts

State: Karnataka

Year: 1992

(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.

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