The Andhra Pradesh Slum Improvement (Acquisition of Land) Act, 1956.

THE ANDHRA PRADESH SLUM IMPROVEMENT (ACQUISITION OF LAND)
ACT, 1956
ACT No. XXXIII of 1956
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Power to acquire land
4. Transfer of land in a slum area by Government
5. Right to receive compensation
6. Basis of determination of compensation
7. Apportionment of compensation
8. Payment of compensation or deposit of same in court
9. Payment of interest
10. Powers of prescribed authority
11. Services of notices and orders
12. Protection of action taken in good faith
13. Bar of jurisdiction of civil courts
14. Power to make rules
15. Application of the Act to certain pending cases of acquisition
16. Power to remove difficulties
 SCHEDULE
THE ANDHRA PRADESH SLUM IMPROVEMENT (ACQUISITION OF LAND)
ACT, 1956
ACT No. XXXIII OF 1956
[15th November, 1956]
AN ACT TO PROVIDE FOR THE ACQUISITION OF LANDS SLUM AREAS
1(XXXX)OF THE STATE OF ANDHRA PRADESH.
WHEREAS there are a number of slum areas in almost every town1(XXXX) of the State of Andhra Pradesh which are a source of danger to public
health and sanitation;
AND WHEREAS under the existing law, it has not been possible to
provide for the basic needs of sewerage, water-supply and road and side-drains
in these slum areas, without causing excessive financial strain on the owners
of the lands affected;
AND WHEREAS to obviate this difficulty, it is expedient first to acquire
the lands in those areas and thereafter to undertake the execution of work
designed to improve those areas;
BE it enacted in Seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh1(XXXX) Slum Improvement (Acquisition of Land) Act, 1956.
(2)1[It extends to the whole of the State of Andhra Pradesh.]
(3) It shall come into force2[in any municipal corporation or municipality
in the State] on such date as the Government may, by notification in the
Andhra Pradesh Gazette appoint:
Provided that, before issuing such notification the Government shall
publish in the Andhra Pradesh Gazette, a notice of their intention to do so, fix a
period which shall not be less than two months from the date of publication of
the notice3[for the municipal corporation or the municipality concerned] to
show cause against the issue of the notification and consider its objections, if
any.
2. Definitions -In this Act, unless the context otherwise requires-
(a) ‘court’ means a principal civil court of original jurisdiction and
includes any other civil court which may be specified by the
Government, by notification in the Andhra Pradesh Gazette, as
having jurisdiction in respect of the matters dealt within this Act;
(b) ‘Government’ means the State Government;
(c) ‘land’ includes things attached to the earth or permanently
fastened to anything attached to the earth;
(d) ‘persons interested’ in relation to any land, includes all persons
claiming, or entitled to claim, an interest in the compensation
payable on account of the acquisition of that land under this Act,
and a person shall be deemed to be interested in land, if he is
interested in an easement affecting the land;
(e) ‘prescribed’ means prescribed by rules made under this Act,
(f) ‘slum area’ means any area declared to be a slum area under
sub-section (1) of section 3,
1.Extension of Act XXXIII of 1956 to the whole of the State of Andhra Pradesh by the Act No.XL
of 1961, S.2.2. Substituted by the Act No.35 of 1981, S.2.3. Substituted by the Act No.35 of 1981, S.2.
(g) all expressions not defined in this Act but defined1[in the
relevant Law for the time being in force in the state relating to
municipal corporations, or in the Andhra Pradesh Municipalities
Act, 1965, as the case may be], shall have the respective meanings
assigned to them in the latter Act.
3. Power to acquire land - (1) Where the Government are satisfied that any
area is or may be a source of danger to the public health, safety or convenience
of its neighbourhood by a reason of the area being lowlying, insanitary, squalid
or otherwise, they may, by notification in the Andhra Pradesh Gazette declare
such area to be a slum area.
(2) Where the Government are satisfied that it is necessary to acquire any
land in a slum area for the purpose of clearing or improving the area, they may
acquire the land by publishing in the Andhra Pradesh Gazette a notice to the
effect that they have decided to acquire it in pursuance of this section:
Provided that, before publishing such notice the Government shall call
upon the owner of, or any other person who, in the opinion of the Government,
is interested in, such land to show cause why it should not be acquired; and
after considering the cause, if any, shown by any person interested in the land,
the Government may pass such orders as they deem fit.
Explanation— Cause shown by the person interested in the land may be
against the declaration of the area as a slum area under sub-section (1) as well
as against the necessity to acquire the land for the purpose of clearing or
improving the area.
(3) Where a notice as aforesaid is published in the Andhra Pradesh
Gazette, the land shall, on and from the beginning of the day on which the
notice is so published, vest absolutely in the Government free from all
encumbrances.
(4) The Government may, by order, authorise any authority or officer
subordinate to them to exercise all or any of the powers conferred and perform
all or any of the duties imposed on them by this section, subject to such
conditions and restrictions as may be specified in the order.
4. Transfer of land in a slum area by Government - (1) Where any land in a
slum area has been acquired under this Act, the Government may either hold
the land under their own control and management and undertake the
clearance or improvement of the slum area or transfer the land to the2[municipal corporation or municipal council] concerned for the purpose of
undertaking the clearance or improvement of the slum area; and in the latter
case, the land shall vest in such2[municipal corporation or municipal council].
(2) Where land is transferred under sub-section (1) to a2[municipal
corporation or municipal council], it shall be liable to pay the cost of
acquisition of the land or of such portion thereof as the Government may fix in
each case.
(3) Where the Government hold the land under their own control and
management and undertake the clearance or improvement of the slum area,
the cost of acquisition shall be borne by the persons to whom the land is
allotted in parcels for residence and such cost shall be recoverable from them
in such proportion and in such manner as may be prescribed.
5. Right to receive compensation -Every person whose right, title or interest
in any land is acquired under this Act shall be entitled to receive and be paid
compensation as hereinafter provided.
1.Substituted by the Act No.35 of 1981, S.3.2 .Substituted by the Act No.35 of 1981, S.4.
6. Basis of determination of compensation - (1) The amount payable as
compensation in respect of any land acquired under this Act shall be an
amount equal to twelve times the net average annual income actually derived
from such land during the period of five consecutive years immediately
preceding the date of publication of the notice referred to in sub-section (2) of
section 3.
(2) The net average annual income referred to in sub-section (1) shall be
calculated in the manner and in accordance with the principles set out in the
Schedule to this Act.
(3) The prescribed authority shall, after holding an inquiry in the manner
prescribed, determine in accordance with the provisions of sub-section (2), the
net average annual income actually derived from the land and publish a notice
in the Andhra Pradesh Gazette specifying the amount so determined and
calling upon every person interested to intimate to it before a date specified in
the notice whether such person agrees to the amount determined and if not,
what amount he claims to be the net average annual income actually derived
from the land.
(4) (a) Any person who does not agree to the amount of the net average
annual income determined by the prescribed authority under sub-section (3)
and claims a sum in excess of that amount, may prefer an appeal to the court
within thirty days from the date specified in the notice referred to in that sub-
section.
(b) In a case where the amount claimed by the person concerned
exceeds twenty-five thousand rupees, a second appeal on any
question of law shall lie against any decision of the court under
clause (a) to the High Court within thirty days from the date of
such decision.
7. Apportionment of compensation- (1) Where there are several persons
interested, the prescribed authority shall determine the persons who, in its
opinion, are entitled to the compensation and the amount payable to each of
them.
(2) If any dispute arises as to the apportionment of the compensation or
any part thereof, or as to the persons to whom the same or any part thereof is
payable, the prescribed authority may refer such dispute to the decision of the
court; and the court shall, in deciding any such dispute, follow, so far as may
be, the provision of Part III of the Land Acquisition Act, 1894.
8. Payment of compensation or deposit of same in court - (1) The
prescribed authority shall tender payment of the compensation to the persons
entitled thereto and shall pay it to them.
(2) If they refuse to receive it, or if there be no person competent to
alienate the land, or if there be any dispute as to the right to receive
compensation or as to the apportionment of it, the prescribed authority shall
deposit the amount of the compensation in the court, and the court shall deal
with the amount so deposited in the manner laid down in sections 32 and 33 of
the Land Acquisition Act, 1894.
9. Payment of interest -When the amount of such compensation is not paid
or deposited on or before taking possession of the land, the prescribed
authority shall pay the amount with interest thereon at the rate of four per
centum per annum from the time of so taking possession until it shall have
been so paid or deposited.
10. Powers of prescribed authority  - (1) The prescribed authority may, with a
view to carrying out the purposes of section 5 or section 6 or section 7, by
order, require any person to furnish such information in his possession
relating to any land which is acquired under this Act as may be specified in
such order.
(2) The prescribed authority shall, while holding an inquiry under sub-
section (3) of section 6, have all the powers of a civil court, while trying a suit,
under the Code of Civil Procedure, 1908 in respect of the following matters,
namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.
11. Service of notices and orders  - (1) Save as otherwise provided by this Act
and subject to the provisions of this section, and of any rules that may be
made under this Act, every notice issued or order made under this Act shall-
(a) in the case of any notice or order of a general nature or affecting
a class of persons, be published in the Andhra Pradesh Gazette;
(b) in the case of any notice or order affecting an individual
corporation or firm, be served in the manner provided for the
service of summons in rule 2 of Order XXIX or rule 3 of Order XXX,
as the case may be, in the First Schedule to the Code of Civil
Procedure, 1908(Central Act No. V of 1908); and
(c) in the case of any notice or order affecting an individual person
(not being a corporation or firm), be served on such person-
(i) by delivering or tendering it to that person;
(ii) if it cannot be so delivered or tendered, by delivering or
tendering it to the head of the office in which such person is
employed or to any adult male member of the family of such
person, or by affixing a copy of it on the outer door, or on
some conspicuous part of the premises in which that person
is known to have last resided or carried on business or
personally worked for gain; or
(iii) if service cannot be effected under sub-clause (i) or sub-
clause (ii), by post.
(2) Where the ownership of the land is in dispute or the persons
interested in the land are not readily traceable and the notice or order cannot
be served without undue delay, service of the notice or order shall be effected
by publishing it in the Andhra Pradesh Gazette, and where possible, a copy
thereof may also be affixed on any conspicuous part of the land to which it
relates.
12. 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 of any rule
or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government or
the prescribed authority or any officer or authority, subordinate to the
Government or the prescribed authority, for any damage caused or likely to be
caused by anything which is in good faith done or intended to be done in
pursuance of this Act or of any rule or order made thereunder.
13. Bar of jurisdiction of civil courts - Save as otherwise expressly provided
in this Act, no civil court shall have jurisdiction in respect of any matter which
the Government or the prescribed authority is empowered by or under this Act,
to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any
power conferred by or under this Act.
14. Power to make rules – 1[(1) The Government may, by notification in the
Andhra Pradesh Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid
before each House of the State Legislature if it is in session, and if it is not in
session in the session immediately following, for a total period of fourteen days
which may be comprised in one session or in two successive sessions, and if
before the expiration 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 in the annulment of the rule, the rule shall, with effect from the date of
notification of such modification or annulment in the Andhra Pradesh Gazette,
have effect only in such modified form or shall stand annulled, 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.]
15. Application of the Act to certain pending cases of acquisition - The
provisions of this Act shall, if the Government so direct, apply also to any case
in which proceedings have been started before the commencement of this Act
for the acquisition of any land in a slum area under the Land Acquisition Act,
1894 (hereinafter referred to as the said Act), but no award has been made by
the Collector under section 11 of the said Act before such commencement, as
if-
(i) the notification published under sub-section (1) of
section 4 of the said Act, or
(ii) the declaration made under section 6 of the said Act, or
(iii) the notice given under sub-section (1) of section 9 of the
said Act,
were a notice to show cause against the acquisition of the
land served by the Government under the proviso to sub-
section (2) of section 3 of this Act.
16. Power to remove difficulties - If any difficulty arises in giving effect to the
provisions of this Act, the Government may, as occasion may require, by order,
do anything which appears to them necessary for the purpose of removing the
difficulty.
1. Section 14 renumbered as sub-section (1) and sub-section (2) has been added by the Act 35 of 1981, S.5.
THE SCHEDULE
[See section 6 (2)]
1. The net average annual income referred to in sub-section (1) of section 6
shall be one-fifth of the gross rent actually derived by the owner from the land
acquired and the huts and buildings, if any, thereon during the period of five
consecutive years referred to in that sub-section after deducting municipal
taxes, revenue charges and cost of repairs for the said period of five years from
such gross rent.
2.1[The gross rent shall be determined by the prescribed authority by local
enquiry, and, if necessary, by obtaining certified copies of extracts from the
property tax assessment books of the municipal corporation or the municipal
council concerned showing the rental values of any such lands, huts or
buildings. The cost of repairs to the huts or buildings on the land shall be
calculated at the rate of one month’s rent per year in each case.]
3. Where there are trees on the land acquired, the prescribed authority shall
take into account the income, if any, actually derived by the owner from such
trees during the said period of five years.
4. If the land, huts or buildings thereon remained unoccupied, or the owner
has not been in receipt of any rent for the occupation of such land, huts or
buildings during the whole or any part of the said period of five years, the gross
rent shall be taken to be the income which the owner would in fact have
derived if the land, huts or buildings had been leased out or given for rent
during the relevant period and, for this purpose, the income actually derived
from similar lands, huts or buildings in the vicinity shall be taken into account.
1. Substituted by the Act No.35 of 1981, S.6.

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