Chapter VIII MISCELLANEOUS

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.

(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.

1. (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.

(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.

1. (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.

(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.

1. (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.
2. (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.
3. (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.
4. (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.

(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.

1. (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.

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.

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.

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.

1. (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.

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.

(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.

1. (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.