Chapter IX MISCELLANEOUS

The Managing Director may, in cases of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Board if the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public and may also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board :

Powers of Managing Director as to institution, composition etc., of legal proceedings and obtaining legal advice. (a) institute, defend or withdraw from legal proceedings, instituted under this Act or any rules or regulations made thereunder ;

(b) compound any offence against this Act or any rules or regulations made thereunder which, under any law for the time being in force or the rule prescribed by the Government, may lawfully be compounded ;

(c) admit, compromise or withdraw any claim made under this Act or any rules or regulations or schemes made thereunder; and

(d) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain, or as may be desired by the Board to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Board or any officer or servant of the Board.

Delegation of powers. (1) The Government may, by notification authorise any authority or officer to exercise any of the powers vested in it by this Act except the power to make rules under section 68 and may in like manner withdraw such authority.

(2) The Board may, by general or special order in writing delegate to the Chairman or Managing Director or any other director of the Board or the Secretary or any other officer of the Board such of its powers and functions under this Act except the power to acquire land under section 18 and to make regulations under section 69 as it may deem necessary and it may in like manner withdraw such authority.

(3) The exercise of any power delegated under sub-section (1) or sub-section (2) shall be subject to such restrictions and conditions as may be specified in the notification or order and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf or as the case may be, by the Board or such officer as may be empowered by the Board in this behalf.

(4) The Government or the Board, as the case may be, shall also have the power to control and revise the acts or proceedings of any officer so empowered.

The Government may issue to the Board or to the local authority concerned such orders and directions as in its opinion are necessary or expedient for carrying out the purpose of this Act and the Board or such local authority as the case may be, shall give effect to all such orders and directions.

Duties of Police Officers. (1) It shall be the duty of every Police Officer,-

(a) to co-operate with the Board for carrying into effect and enforcing the provisions of this Act or any rule or regulation or scheme made thereunder;

(b) to communicate without delay to the proper officer or servant of the Board any information which such police officer receives, of a design to commit, or of the commission of, any offence against this Act or any rule or regulation or scheme made thereunder ; and

(c) to assist the Board or any officer or servant of the Board reasonably demanding the aid of such police officer for the lawful exercise of any power vesting in the Board or any such officer or servant under this Act or any rule or regulation or scheme made thereunder.

(2) Any police officer who omits or refuses to perform any duty imposed on him by this Act, shall be deemed to have committed the offence under section 65 (b) of the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964).

(1) When a dispute exists between the Board and one or more than one other local authority or among local authorities in regard to any matter arising under the provisions of this Act, and the Government after considering the representations, if any made by the local authority or authorities is of the opinion that the parties are unable to settle it amicably among themselves, it may take cognizance of the dispute and decide it themselves.

(2) The decision of the Government thereon shall be binding on the Board and the local authorities concerned and shall not be liable to be questioned in any court of law.

Non-liability of Board when supply reduced or not made in certain cases. The Board shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water in the case of unusual drought, other unavoidable cause or accident, or the necessity for relaying or repairing pipes.

Right of user of conduits, lines etc. (1) The Board may place or lay and maintain conduits and lines of mains or pipes and sewers over, under, along or across any immovable property whether within or without the local area without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes or sewers enter on any property over, under, along or across which the conduits or lines of mains or pipes have been placed :

Provided that the Board shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line of mains or pipes or sewer is placed or laid.

(2) In the exercise of the powers conferred upon it by this section, the Board shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by it.

Effect of other laws. (1) The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force, regulating any of the matters dealt with in this Act :

Provided that nothing in this Act shall be deemed to prevent the local authority from discharging its duties in regard to the making, altering, repairing or renewing any water course of other work in respect of any area within the jurisdiction of that local authority under any law for the time being in force.

(2) Save as otherwise provided in this Act the provisions of this Act 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.

No suit shall be instituted against the Board, or any director, or any officer or servant of the Board, or any person acting under the direction of the Board, or of the Chairman or Managing Director or of any officer or servant of the Board, in respect of any act done or intended to be done under this Act or any rule or regulation or scheme made thereunder until the expiration of sixty days next after written notice has been delivered or left at the Board’s office or the place of abode of such officer, servant or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain a statement that such notice has been so delivered or not.

In any case not otherwise expressly provided for in this Act, the Board may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested by or under this Act in the Board or the Chairman or the Managing Director or any officer or servant of the Board.

Compensation to be paid by offenders for damage caused by them. (1) When any person is convicted of any offence under this Act or any rule or regulation or scheme made thereunder, the magistrate convicting such person may, on application made in this behalf by the Board or by its officer or servant authorised by it in this behalf, call upon such person forthwith to show cause as to why he should not pay compensation to the Board for the damage caused by his act or omission in respect of which he is convicted.

(2) The magistrate shall record and consider any cause which such person may show and if the magistrate, after making such inquiry as he may think fit, is satisfied that such person is liable to pay compensation, direct that compensation of such amount not exceeding Rs. 1,000 as he may determine, be paid by such person to the Board.

(3) The amount of compensation directed to be paid under sub-section (2), shall, if it be not paid forthwith, be recovered as if it were a fine imposed by the magistrate on such person.

Mode of recovery of dues. If any amount due to the Board in accordance with the terms of contract or otherwise or any sum payable in connection therewith, has not been paid, the Board may, without prejudice to any other remedy provided by law, recover such amount or sum as arrears of land revenue.

Authentication of orders and other instruments of the Board. (1) All orders and decisions of the Board shall be authenticated by the signature of the Secretary or any officer of the Board authorised in writing by the Board in this behalf.

Stampitng signature of notices or bill. Every notice or bill which is required by this Act or by any rule or regulation made thereunder to bear the signature of the Managing Director or any other director or of any officer or servant of the Board shall be deemed to be properly signed if it bears the facsimile of the signature of the Managing Director or of such other director or of such officer or servant, as the case may be, stamped thereupon.

Power of entry. (1) The Managing Director or any person either generally or specially authorised by the Managing Director in this behalf may, with or without assistants or workmen, enter into or upon any land, in order,- (a) to make any inspection, survey, measurement, valuation or inquiry; (b) to take levels; (c) to dig or bore into the subsoil; (d) to set out boundaries and intended lines of work; (e) to mark such levels, boundaries and line by placing marks and cutting trenches; (f) to place and maintain pipes, drains and other installations upon, along, across or under any land; or (g) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rule or regulation made or scheme sanctioned thereunder or any scheme which the Board intends to frame thereunder : Provided that,- (a) no such entry shall be made between sunset and sunrise ; (b) no dwelling house, and no public building or hut which is used as a dwelling place, shall be so entered, except with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry ; (c) sufficient notice shall, in every instance be given even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed ; (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made to the social and religious usage of the occupants of the premises entered. (2) Whenever the Managing Director or a person authorised under sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid; and in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Board, whose decision shall be final.

Protection of action taken in good faith. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done in pursuance of this Act or any rule or order or scheme made thereunder. (2) No suit or other legal proceedings shall lie against the Government, the Board or any committee thereof for any damage caused or likely to be caused by any thing which is in good faith done or intended to be done in pursuance of this Act or of any rule or order or scheme made thereunder.

All officers and servants of the Board, and any person entrusted with the execution of any function under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).

The Board shall be deemed to be a local authority for the purposes of the Land Acquisition Act, 1894 (Central Act 1 of 1894), and the Local Authorities Loans Act, 1914 (Central Act IX of 1914).

(1) In the discharge of its functions the Board shall be guided by such directions on questions of policy as may be given to it by the State Government : Provided that such directions shall be given after consultation with the Board. (2) In case of any difference of opinion as to what is a question of policy the decision thereon of the State Government shall be final.

Licenses and written permissions. (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 Executive Engineer, or, as the case may be, 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 or regulation 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) 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) 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) 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 renewed. (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.

Notices etc., to fix reasonable time. Where any notice, bill, order, or requisition issued or made under this Act or any rules or regulations 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.

Service of notice, etc. (1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule or regulation, shall 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,- (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company ; (b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm 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 ; (c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the Secretary, Treasurer or other head officer of that body, corporation or Society at its principal office and is either,- (i) sent by registered post ; or (ii) delivered at that office ;

Notwithstanding anything contained in section 66D 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 66D 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.

Power in case of non-compliance with notice etc. 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.

Composition of offences. (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) 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.

Validity of notices and other documents. 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.

Revision. (1) The Government may either suo motu or on an application by an aggrieved person call for the records of any proceedings of the Board or any officer subordinate to the Board for the purpose of satisfying itself as to the legality or propriety of any order or proceedings and may pass such order with respect thereto as it thinks fit. (2) The Board may either suo motu or on an application by an aggrieved person 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. (3) No order under sub-section (1) or sub-section (2) shall be made to the prejudice of any person unless he has had a reasonable opportunity of being heard.