Acts prohibited in tanks

Notwithstanding anything to the contrary contained in any law for the time being in force, no person or institution or organization (registered or unregistered) or company or firm or association, Government departments, corporation or any local or other authority and their agents or employees or any body on their behalf shall,- (1) use the tank for any purpose other than storage or impounding of water or for the purpose mentioned in clause (9) of section 5; (2) Construct roads, bridges, water supply lines in Below Tank bed, Pedestrian to Electrical poles, High tension tower, Approaches and allied works within tank area including the tank land or part thereof, Jack well or pump house or Sewage Treatment Plant in between Full Tank Level and Maximum Water Level of the Tank:

Provided that, nothing in this clause the Authority shall grant permission for such works only after ensuring that the original capacity of the tanks is not reduced or cause any obstruction at the natural or normal course of inflow or outflow of water into, or from, the tanks on the upstream and or downstream even after such works. (3) make any construction or carry on any commercial or recreational or industrial activity within the Buffer zone of the tanks specified in the table below except other public utility services like construction of roads, bridges, electrical line, water supply line, Under Ground Drainage (UGD) line, Jack well or pump house or Sewage Treatment Plant (STP), Intermediate Sewage Pumping Station (ISPS), Wetwell, Aquaduct and allied works with prior approval of the Authority, without any obstruction at the natural or normal course of inflow or outflow of water into, or from, the tanks on the upstream and or downstream even after said works: TABLE Sl. No. | Area of tank in acre/gunta | Buffer from revenue boundary of the tank in meters 1 | upto 0.05 | 0 2 | Above 0.05 to 0.10 | 1.00 3 | Above 0.10 to 1.00 | 3.00 4 | Above 1.00 to 10.00 | 6.00 5 | Above 10.00 to 25.00 | 12.00 6 | Above 25.00 to 100.00 | 24.00 7 | Above 100.00 | 30.00

(3-A) Notwithstanding anything contained in clause (3) the provisions regarding Siting Guidelines for new industries excluding new healthcare establishments and new infrastructure projects specified in the Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention and Control of Pollution) Rules, 1976 shall prevail. (4) dump debris, municipal solid wastes, mud or earth soil or liquid wastes or any pollutants, into the tank by using vehicle or otherwise; (5) discharge untreated sewage into the tank directly or indirectly; (6) XXX (7) breach bund, waste weir including lowering raising the height of the waste weir from its original height or remove fence, boundary stones or any hoarding or any sign board erected by the authority; and (8) do any other act which is detrimental directly or indirectly to the tanks. Provided that nothing in this Act shall prohibit withdrawal of water for drinking or irrigation or any other purpose, for human consumption from any tank be specified by the Authority from time to time. Provided further that nothing in this Act shall prohibit stocking of fish seeds and development of fisheries (except the fish which are dangerous or harmful to the aquatic eco-system of the tank) by (2) Construct roads, bridges, water supply lines in Below Tank bed, Pedestrian to Electrical poles, High tension tower, Approaches and allied works within tank area including the tank land or part thereof, Jack well or pump house or Sewage Treatment Plant in between Full Tank Level and Maximum Water Level of the Tank:

Provided that, nothing in this clause the Authority shall grant permission for such works only after ensuring that the original capacity of the tanks is not reduced or cause any obstruction at the natural or normal course of inflow or outflow of water into, or from, the tanks on the upstream and or downstream even after such works.

(3) make any construction or carry on any commercial or recreational or industrial activity within the Buffer zone of the tanks specified in the table below except other public utility services like construction of roads, bridges, electrical line, water supply line, Under Ground Drainage (UGD) line, Jack well or pump house or Sewage Treatment Plant (STP), Intermediate Sewage Pumping Station (ISPS), Wetwell, Aquaduct and allied works with prior approval of the Authority, without any obstruction at the natural or normal course of inflow or outflow of water into, or from, the tanks on the upstream and or downstream even after said works:

TABLE Sl. No. | Area of tank in acre/gunta | Buffer from revenue boundary of the tank in meters 1 | upto 0.05 | 0 2 | Above 0.05 to 0.10 | 1.00 3 | Above 0.10 to 1.00 | 3.00 4 | Above 1.00 to 10.00 | 6.00 5 | Above 10.00 to 25.00 | 12.00 6 | Above 25.00 to 100.00 | 24.00 7 | Above 100.00 | 30.00

(3-A) Notwithstanding anything contained in clause (3) the provisions regarding Siting Guidelines for new industries excluding new healthcare establishments and new infrastructure projects specified in the Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention and Control of Pollution) Rules, 1976 shall prevail.

(4) dump debris, municipal solid wastes, mud or earth soil or liquid wastes or any pollutants, into the tank by using vehicle or otherwise;

(5) discharge untreated sewage into the tank directly or indirectly;

(6) XXX

(7) breach bund, waste weir including lowering raising the height of the waste weir from its original height or remove fence, boundary stones or any hoarding or any sign board erected by the authority; and

(8) do any other act which is detrimental directly or indirectly to the tanks.

Provided that nothing in this Act shall prohibit withdrawal of water for drinking or irrigation or any other purpose, for human consumption from any tank be specified by the Authority from time to time.

Provided further that nothing in this Act shall prohibit stocking of fish seeds and development of fisheries (except the fish which are dangerous or harmful to the aquatic eco-system of the tank) by the Government and its licensee, lessees or contractor in any tank specified by the Authority from time to time. (3) Any crop including trees raised in the tank 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.

(4) Any property forfeited under sub-section (3) shall vest in the Authority and which may dispose of it, in such manner as deemed fit and the cost of removal of any crop, trees, building or other construction and the expenditure incurred for restoring the tank to its original condition shall be recoverable from the person evicted as if it were an arrears of land revenue or in any other manner as may be prescribed.

(5) Any person aggrieved by order of the designated officer or other officer authorized by the Authority under sub-section (1), may, within thirty days from the date of the order, appeal against such order to the District and Sessions Judge and in such manner as may be prescribed and the order passed under sub-section (1) shall, subject to the decision in such appeal be final.

(6) The Deputy Commissioner and the Superintendent of Police of the District shall render support as may be required by the Authority to remove the encroachment from any tank.