Chapter VI MISCELLANEOUS

1. (1) The Board shall, before such date and in such form as may be prescribed by rules, submit to the State Government an annual report upon such matters as may be prescribed by rules, and the State Government shall cause such report to be published in the official Gazette.
2. (2) Without prejudice to the provisions of sub-section (1), the Board shall as soon as may be after the end of each financial year, prepare and submit to the State Government in such form as may be prescribed by 1[regulations] a report giving an account of its activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year; and the State Government shall cause every such report to be laid before the State Legislature as soon as may be after it is received by the State Government.
3. (3) The Board shall furnish to the State Government at such times and in such form and manner 2[x x x] as the State Government may direct, such statistics and returns, and such particulars in regard to any proposed or existing scheme, as the State Government may from time to time require.

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

² Omitted by Act 6 of 1966 w.e.f. 17.3.1966.

1. (1) The State Government may, after previous publication, by notification make rules to give effect to the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) the powers of the Chairman and the term of office of the Chairman and other members of the Board, the conditions under which they shall be eligible for reappointment and their remuneration, allowances and other conditions of service;
   • (b) the terms and conditions of appointment of members of the Consultative Committee, the convening of meetings of such Committee and the conduct of business thereat;
   • (c) the form in which the annual financial statement and supplementary statements under section 17 shall be prepared by the Board, and the particulars to be included therein;
   • (d) the conditions subject to which the Board may borrow under section 21;
   • (e) the manner in which stock issued by the Board shall be issued, transferred, dealt with and redeemed;
   • (f) the manner in which the accounts of the Board shall be published under section 25;
   • (g) the form in which and the date by which the annual report of the Board shall be submitted under section 86 and the form and manner of furnishing statistics and returns by the Board under that section.

1. (1) The Board may with the previous approval of the State Government make regulations not inconsistent with this Act and the rules made thereunder to provide for all or any of the following matters, namely:—
   • (a) the administration of the funds and other property of the Board and the maintenance of its accounts;
   • (b) the summoning and holding of meetings of the Board and the times and places at which such meetings shall be held, and the conduct of business thereat and the number of members necessary to constitute a quorum;
   • (c) the duties of officers and servants of the Board, and their salaries, allowances and other conditions of service; 1[(d) the fine which may be imposed for the breach of any bye-law, which may extend to 2[five thousand rupees] , and in case of continuing breach the additional fine which may extend to 2[five hundred rupees] for every day, during which the breach continues after receipt of a notice from the Board to discontinue the breach.]
   • (e) the procedure to be followed by the Board in inviting, considering and accepting tenders;
   • (f) any other matter arising out of the Board’s functions under this Act in which it is necessary or expedient to make regulations.
2. (2) The power to make regulations under this Act is subject to the condition of previous publication.

¹ Substituted by Act 6 of 1966 w.e.f. 17.3.1966.

² Substituted by Act 15 of 2010 w.e.f. 16.4.2010.

¹ Substituted by Act 15 of 2010 w.e.f. 16.4.2010.

The State Government may, issue to the Board such directions as it may think necessary for the purpose of carrying out the functions under this Act and the Board shall comply with such directions.]

loan etc., in respect of any project.- In furtherance of implementation of any water supply and sanitation projects, the State Government may issue directions to the Board for making funding arrangements, to collect capital contribution from the beneficiaries of the project or through any Local Authority or to borrow loans from funding agencies or to borrow from the market as per requirements of the projects.]

1. Deemed to have been inserted by Act 32 of 2010 w.e.f. 01.01.2003.

1. (1) Whenever it is provided in this Act or any rule or regulation made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Water Supply Engineer or the Sanitary Engineer, as the case may be, or by the officer empowered to grant the same under this Act or the rules or regulations made thereunder and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any rule made thereunder,—
   • (a) the date of the grant thereof;
   • (b) the purpose and the period (if any) for which it is granted;
   • (c) restrictions or conditions, if any, subject to which it is granted;
   • (d) the name and address of the person to whom it is granted; and
   • (e) the fee, if any, paid for the licence or written permission.
2. (2) Except as otherwise provided in this Act or any rule or regulation made thereunder, for every such licence or written permission, a fee may be charged at such rate as may from time to time be fixed by the Board and such fee shall be payable by the person to whom the licence or written permission is granted.
3. (3) Save as otherwise provided in this Act or any rule or regulation made thereunder any licence or written permission granted under this Act or any rule or regulation made thereunder may at any time be suspended or revoked by the Board or by the officer by whom it was granted, if it or he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any rule or regulation made thereunder relating to any matter for which the licence or permission has been granted: Provided that,—
   • (a) before making any order of suspension or revocation reasonable opportunity shall be afforded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked;
   • (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.
4. (4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any rule made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.
5. (5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Board or the authority by whom it was granted, produce such licence or written permission.

The Chief Engineer, the Water Supply Engineer, the Sanitary Engineer, or any officer authorised by the Board in this behalf or empowered in this behalf by or under the provisions of this Act, may enter into or upon any land or building with or without assistants and workmen,—

1. (a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any rule or regulation made thereunder;
2. (b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Board or any officer authorised or empowered in this behalf to take action or execute any work under this Act or any rule or regulation made thereunder;
3. (c) for the purpose of taking any action or executing any work authorised or required by this Act or any rule or regulation made thereunder;
4. (d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act, or necessary for the proper administration of this Act;
5. (e) generally for the purpose of efficient discharge of the functions by any officer of the Board under this Act or any rule or regulation made thereunder.

1. (1) The Chief Engineer, the Water Supply Engineer, the Sanitary Engineer or any officer authorised in this behalf by the Board or empowered in this behalf by or under any provision of this Act, may enter on any land within fifty metres of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
2. (2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
3. (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Board in accordance with regulations made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

1. (1) It shall be lawful for the Chief Engineer, the Water Supply Engineer, the Sanitary Engineer, or any officer authorised in this behalf by the Board or empowered in this behalf by, or under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier,—
   • (a) if he considers the opening thereof necessary for the purpose of such entry; and
   • (b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.
2. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Chief Engineer, the Water Supply Engineer, the Sanitary Engineer or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
3. (3) A report shall be made to the Board as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.

Save as otherwise provided in this Act or any regulation made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

Save as otherwise provided in this Act or any regulation made thereunder, no entry upon or into any land or building shall be made without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours’ written notice of the intention to make such entry.

When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

No person shall obstruct or molest any person authorised or empowered by or under this Act in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any rule or regulation made thereunder.

Where any notice, bill, order or requisition issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or the regulation made thereunder, the notice, bill, order or requisition shall specify a reasonable time for doing the same.

1. (1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any

rule or regulation made thereunder to bear the signature of the Water Supply Engineer or the Sanitary Engineer or of any officer authorised or empowered to do so shall be deemed to be properly signed if it bears a facsimile of the signature of any such officer stamped thereupon.

1. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque.

All notices, bills, summons and other documents required by this Act or any rule or any regulation made thereunder to be served upon, or issued to, any person, shall be served or issued by such persons as may be authorised by the Board.

1. (1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule or regulation made thereunder to be served or issued on any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served,—
   • (a) where the person to be served is a company, if the document is addressed to

the secretary of the company at its registered office or at its principal office or place of business and is either,—

1. (i) sent by registered post, or
2. (ii) delivered at the registered office or at the principal office or place of business of the company;

1. (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either,—
   • (i) sent by registered post, or
   • (ii) delivered at the said place of business;
2. (c) where the person to be served is a public body, or a Bruhat Bangalore Mahanagara Palike, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, Bruhat Bangalore Mahanagara Palike or society at its principal office, and is either,—
   • (i) sent by registered post, or
   • (ii) delivered at that office;
3. (d) in any other case, if the document is addressed to the person to be served and,—
   • (i) is given or tendered to him, or
   • (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the 1[State of Karnataka] , or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or
   • (iii) is sent by registered post to that person.

1. (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed “the owner” or “the occupier”, as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served,—
   • (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or
   • (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building.
2. (3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
3. (4) For the purpose of enabling any document to be served on the owner of any premises the Water Supply Engineer or the Sanitary Engineer or any other officer authorised or empowered to do so may by notice in writing require the occupier of the premises to state the name and address of the owner thereof.
4. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
5. (6) Nothing in sections 99 and 100 and in this section shall apply to any summons issued under this Act by a court.
6. (7) A servant is not a member of the family within the meaning of this section. 1. Adopted by the Karnataka adaptation of laws order 1973 w.e.f. 1.11.1973.

Notwithstanding anything contained in sections 100 and 101 a bill for any charges or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 101 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

In the event of non- compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule or regulation made thereunder, requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Board on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of charges payable under this Act.

1. (1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 103: Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 103 as an arrear of charges payable under this Act.
2. (2) Any amount recovered from an occupier instead of from an owner under sub- section (1), shall in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any rule or regulation made thereunder, the occupier, if any, of such land or building may, with the approval of the Board, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act or any rule or regulation made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.

1. (2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
2. (3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Board may by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

(1) Any person who has been convicted of an offence against this Act or any rule or regulation made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Board resulting from the said offence as the Board may consider reasonable.

1. (2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non- payment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.

Any sum due to the Board on account of any charge, costs, expense, fees, rates or rent, prorata charges or any other account under this Act or any rule, regulation or order made there under shall carry interest at the rate fixed by the Board from time to time from the respective due dates till the date of

¹ Inserted by Act 15 of 2010 w.e.f. 16.4.2010.

payment or recovery.]

Any sum due to the Board on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any rule, regulation or order made thereunder may, without prejudice to any other mode of recovery, be recovered from any person from whom such sum is due,—

1. (a) as if it were an arrear of land revenue; or
2. (b) on application to any judicial magistrate, by such magistrate as if it were a fine imposed by him.

(1) Whoever dishonestly obtains water supply through illegal connection or tampers meter or uses tampered meter in any manner resulting in non-recording or wrong recording of consumption of water or damages or destroys water meter/apparatus so as to prevent accurate metering of water consumed, shall be punishable with imprisonment for a term which may extend up to three years or with fine; or with both.

1. (2) If it is proved that any artificial means or means not authorized by the Board exist for consumption or use of water by the consumer without being recorded by the meter, it shall be presumed that the consumption or use of water has been dishonestly made by such consumer until contrary is proved.

¹ Inserted by Act 15 of 2010 w.e.f. 16.4.2010.

Without prejudice to any penalty or fine which may be imposed or prosecution proceeding which may be initiated under this Act or any other law for the time being in force, whoever including any officer or the employee of the Board or the licensed plumber abets an offence punishable under this Act or enters into or acquiesces in any agreement to do, abstains from doing, permit’s, conceals or connives at any act or tiling whereby any theft of water is committed, he shall be punishable with the same punishment provided for the offence in this Act.]

¹ Substituted by Act 15 of 2010 w.e.f. 16.4.2010.

Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision of this Act or any rule or regulation or bye-law or otherwise contravenes any of the provisions of this Act or any rule or regulation or bye-law, shall be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both. In the case of a continuing failure or contravention, with an additional fine which may extend to five hundred rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.]

Whoever un-authorisedly obtains water supply or sanitary connections or both by any means from the water supply pipelines of the Board or sanitary connections to the sewerage system of the Board in contravention of the provisions of this Act and regulations made thereunder shall, in addition to any other penalty and pro-rata charges payable, be liable to pay upto 50% of the pro-rata charges payable, as determined by the Board, subject to such conditions as may be specified in the regulations for such connection] ]

¹ Inserted by Act 15 of 2010 w.e.f. 16.4.2010.

² Substituted by Act 28 of 2013 w.e.f.11.03.2013.

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, 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 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.
2. (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 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 a body corporate, and includes a firm or other association of individuals; and
   • (b) “director” in relation to a firm means a partner in the firm.

Save as otherwise provided in this Act, no court shall proceed with the trial of any offence made punishable by or under this Act or any rule or regulation except on the complaint of, or upon information received from, the Water Supply Engineer, the Sanitary Engineer or any officer authorised by the Board by a general or special order in this behalf.

1. (1) The Board or any officer of the Board authorised by it by general or special order in this behalf, may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act: Provided that no offence shall be compounded which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Board unless and until the same has been complied with so far as such compliance is possible.
2. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

1. (1) The Chief Engineer, the Water Supply Engineer, the Sanitary Engineer, any officer authorised in this behalf by the Board or any police officer may arrest any person who commits in his view any offence against this Act or against any rule or regulation made thereunder, if,—
   • (a) the name and address of such person be unknown to him, and
   • (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
2. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

Mahanagara Palike.—It shall be the duty of all police officers and employees of the Bruhat Bangalore Mahanagara Palike to give immediate information to the Board or officers of the Board authorised in this behalf, of the commission of, or the attempt to commit, any offence against this Act or any rule or regulation made thereunder and to assist all such officers in the exercise of their lawful authority.

No notice, order, requisition, licence, permission in writing or any other document issued under this Act or any rule or regulation shall be invalid merely by reason of defect of form.

A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Board shall, if duly certified by the legal keeper thereof or other person authorised by the Board in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

No officer or servant of the Board shall in any legal proceedings to which the Board is not a party, be required to produce any register or document the contents of which can be proved under section 116 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

The Board may by notification direct that any power conferred or any duty imposed on the Water Supply Engineer or the Sanitary Engineer by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or performed also by any other officer or servant of the Board specified in the notification.

1. (1) The Board shall be the Chief Controlling authority in respect of all matters relating to the administration of this Act and for that purpose may exercise all powers necessary in that behalf.
2. (2) The Chief Engineer or any other officer or officers notified by the Board in this behalf may also exercise any power or perform any function which the Water Supply Engineer or the Sanitary Engineer may exercise or perform under this Act or any rule or regulation made thereunder.

Any person aggrieved by any decision or order of the Water Supply Engineer or the Sanitary Engineer or other officer under this Act or any rule or regulation made thereunder may within a period of sixty days from the date of such decision or order appeal to the authority prescribed by the regulations and subject to revision by the Board, the orders of the appellate authority on such appeal shall be final.

The Board may call for the records of any proceedings of any officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of any order or proceeding and may pass such order with respect thereto as it thinks fit.

1. (1) Every rule or regulation made under this Act and every order made under section 129 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 said period, either House of the State Legislature makes any modification in any rule or regulation or order or directs that any rule or regulation or order shall not have effect, and if the modification or direction is agreed to by the other House, such rule or regulation or order shall thereafter have effect only in such modified form or be of no effect, as the case may be.
2. (2) A rule or regulation under this Act may be made with retrospective effect and when such a rule or regulation is made the reasons for making the rule or regulation shall be specified in a statement laid before both Houses of the State Legislature.

Provisions as to employees of the Bruhat Bangalore Mahanagara Palike employed in connection with water supply or sewerage undertakings.—(1) With effect from the date on which Chapter IV or Chapter V as the case may be, comes into force, every officer and other employee of the Bruhat Bangalore Mahanagara Palike employed in connection with the Water Supply Undertaking of the Bruhat Bangalore Mahanagara Palike or the Sewage Undertaking of the Bruhat Bangalore Mahanagara Palike, as the case may be, shall stand transferred to and become an officer or other employee of the Board with such designations as the State Government may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if he had continued to be an officer or employee of the Bruhat Bangalore Mahanagara Palike and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Board: Provided that any service rendered by such officer or employee under the Bruhat Bangalore Mahanagara Palike before such transfer shall be deemed to be service rendered under the Board.

1. (2) The Board may employ any officer or other employee transferred under sub- section (1) in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly.

1. (1) All members, officers and servants of the Board shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860) and the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) for the time being in force.
2. (2) The words “State Government” and “Government” in section 161 of the Indian Penal Code shall for the purposes of sub-section (1) be deemed to include the Board.

1. (1) No suit or prosecution shall be entertained in any court against the Board or against any officer or servant of the Board or against any person acting under the order or direction of the Board or any officer or servant of the Board for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
2. (2) No suit, prosecution or other legal proceeding shall lie against any officer or servant of the Board for any act done or purporting to be done under this Act or any rule or regulation made thereunder without the previous sanction of the Board.

1. (1) No suit shall be instituted against the Board or against any officer or servant of the Board or against any person acting under the order or direction of the Board or any officer or other servant, in respect of any act done, or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board and, in the case of such officer, servant or person, unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered.
2. (2) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of institution of the suit.

1. (1) With effect from the date on which Chapter IV comes into force,—
   • (a) any appointment, notification, order, scheme, rule, bye-law, form or notice made or issued, and any licence or permission granted under the Bruhat Bangalore Mahanagara Municipal Bruhat Bangalore Mahanagara Palike Act, 1949, in so far as it relates to the water supply undertaking, shall continue in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, regulation, form or notice made or issued or any licence or permission granted under the provisions of this Act;
   • (b) all obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the Bruhat Bangalore Mahanagara Palike in connection with the water supply undertaking shall be deemed to have been incurred, entered into or engaged to be done by, with, or for the Board;
   • (c) all property, movable and immovable, and all interests of whatsoever nature and kind therein vested in the Bruhat Bangalore Mahanagara Palike in so far as they relate to the water supply undertaking shall, with all rights of whatsoever description used, enjoyed or possessed by the Bruhat Bangalore Mahanagara Palike in respect of the water supply undertaking, vest in the Board;
   • (d) all rates, fees, rents and other sums of money due to the Bruhat Bangalore Mahanagara Palike in connection with the water supply undertaking shall be deemed to be due to the Board;
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Bruhat Bangalore Mahanagara Palike, so far as they relate to the water supply undertaking may be continued or be instituted by or against the Board.
2. (2) With effect from the date on which Chapter V comes into force,-
   • (a) any appointment, notification, order, scheme, rule, bye-law, form or notice made or issued, and any licence or permission granted under the Bruhat Bangalore Mahanagara Municipal Bruhat Bangalore Mahanagara Palike Act, 1949, in so far as it relates to the sewerage undertaking, shall continue in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, regulation, form or notice made or issued or any licence or permission granted under the provisions of this Act;
   • (b) all obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the Bruhat Bangalore Mahanagara Palike in connection with the sewerage undertaking, shall be deemed to have been incurred, entered into or engaged to be done, by, with, or for the Board;
   • (c) all property, movable and immovable, and all interests of whatsoever nature and kind therein vested in the Bruhat Bangalore Mahanagara Palike in so far as they relate to the sewerage undertaking shall, with all rights of whatsoever description used, enjoyed or possessed by the Bruhat Bangalore Mahanagara Palike in respect of the sewerage undertaking, vest in the Board;
   • (d) all rates, fees, rents and other sums of money due to the Bruhat Bangalore Mahanagara Palike in connection with the sewerage undertaking shall be deemed to be due to the Board;
   • (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Bruhat Bangalore Mahanagara Palike, so far as it relates to the sewerage undertaking may be continued or be instituted by or against the

Acquisition of land.- (1) Subject to the provisions of this Act and with the previous approval of the State Government, the Board may enter into an agreement with the owner of any land or any interest therein situated within or outside the Bangalore Metropolitan area on such terms and at such price as may be approved to purchase and hold such immovable property or any interest therein for the purpose of this Act.

1. (2) The State Government having powers of acquisition under Land Acquisition Act, 1894 or any other Act for the time being in force may, at the request of the Board procure the acquisition of any immovable property and such acquisition shall be deemed to be for public purpose.
2. (3) For the purpose of sub-section (2) of section 50 of the Land Acquisition Act, 1894, the Authority shall be deemed to be the Local Authority concerned.
3. (4) After the land vests with the State Government under section 16 of the Land Acquisition Act, 1894, the Deputy Commissioner shall upon payment of the cost of acquisition and upon the Board agreeing to pay any further costs which may be incurred on account of acquisition transfer the land to the Board and the land shall there upon vest with the Board.]

¹ Inserted by Act 15 of 2010 w.e.f. 16.4.2010.

¹ Omitted by Act 15 of 2010 w.e.f. 16.4.2010.

1. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, by order published in the official Gazette, make such provisions as appear to it to be necessary or expedient,—
   • (a) for bringing the provisions of this Act into effective operation;
   • (b) for making omissions from, additions to and adaptations and modifications of the rules, bye-laws, notifications and orders referred to in clause (a) of sub-section (1) of section 127 or clause (a) of sub-section (2) of section 127 for purposes of giving effect to the provisions of this Act;
   • (c) for removing difficulties arising in connection with the transition to the provisions of this Act including difficulties in the construing of references to the Bruhat Bangalore Mahanagara Palike or other authorities in any law;
   • (d) for authorising the continued carrying on for the time being by the Board of services and activities carried on by the Bruhat Bangalore Mahanagara Palike; and
   • (e) so far as it appears necessary or expedient in connection with any of the matters aforesaid, for varying the powers or jurisdiction of any authority and empowering other authorities to exercise such jurisdiction as may be specified in such order.
2. (2) The provisions made by any order under sub-section (1) shall, subject to the provisions of section 122, have effect as if enacted in this Act, and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Chapter: Provided that no person shall be deemed to be guilty of an offence by reason of so much of any such order as makes any provisions thereof retrospective to any date before the making thereof.