THE BANGALORE WATER SUPPLY AND SEWERAGE (AMENDMENT) ACT, 2010
(Received the assent of the Governor on the Twenty fourth day of July, 2010)
KARNATAKA ACT NO. 32 OF 2010
(First published in the Karnataka Gazette Extra-ordinary on the Twenty seventh day of July, 2010)
An Act further to amend the Bangalore Water Supply and Sewerage Act, 1964.
Whereas, it is expedient further to amend the Bangalore Water Supply and Sewerage Act, 1964 (Karnataka Act 36 of 1964), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty First year of the Republic of India as follows:-
1. Short title and commencement: (1) This Act may be called the Bangalore Water Supply and Sewerage (Amendment) Act, 2010.
(2) It shall come into force at once.
2. Insertion of new section 89A.- In the Bangalore Water Supply and Sewerage Act, 1964 (Karnataka Act 36 of 1964) (hereinafter referred to as the principal Act), after section 89, the following shall be deemed to have been inserted, with effect from 1st day of January 2003, namely:-
“89A. Collection of capital contribution from the beneficiary or borrowing 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.”
3. Validation of assessment and collection of capital contribution.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary any direction through an order issued by the State Government to the Board for making funding arrangements, to collect capital contribution from the beneficiaries of any project (hereinafter referred to as capital contribution) or through a Local Authority as per requirements of the project and assessment or collection of any capital contribution from the beneficiaries of the project in accordance with such direction or order of the State Government made or purporting to have been made and any action or thing taken or done ( including any notices or orders issued) or assessment made and all proceedings held and any collection of capital contribution or amount purported to have been collected by way of capital contribution in relation to such assessment or collection in respect of such project with effect from 1st January 2003 shall be and shall be deemed to be valid and effective, as if such assessment or collection or action or thing, had been made, taken or done under the principal Act, as amended by this Act and accordingly,-
(a) all acts, proceedings or things done or any action taken by any Local Authority or as the case may be, the Board or any of its officer in connection with the assessment or collection of such
capital contribution in respect of such project for all purposes be deemed to be, and to have always been done or taken in accordance with law;
(b) no suit or other proceedings shall be maintained or continued in any Court or Tribunal or before any authority for the refund of any such capital contribution; and
(c) no court shall enforce any decree or order directing the refund of any such capital contribution.
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