The Arunachal Pradesh Property Rights to Slum Dwellers Act,2012.

214
The Arunachal Pradesh Property Rights to Slum Dwellers
Acl,20'12.
(Act No. 1 of 2013)
(Received the assent of the Governor on 4th January, 2013 and Published
in theArunachal Pradesh E.O. Gazette No. 3,Vol-XX, dated
18th January, 2013)
An
Act
to provide for facilitation of inclusive growth and slum-free cities,
including basic amenities and affordable housing to the slum-dwellers; for
this purpose to lay down general principles applicable to slum-free cities in
all spheres of Government, to define the functions of State and Local
Govemments in respect of according property rights to slum dwellers and to
provide Property Rightsto SIum Dwdlers, and matterconnected orincidental
thereto;.
BE it enacted by the Legr:srativ€ Assamb/y ofArunachal Pradesh
in the Sixty-third Year of the Republic of lndia as follows :
Chapter - I
PRELIMINARY
1. Short title, extent and Commencement: (1) ThisActmaybe
called theArunachal Pradesh Property Rights to Slum Dwellers Act, 2012.
(2) lt enends to the notitied Urban areas of the State ofArunachal
Pradesh.
(3) lt shall come into force on such date as the State Govemment may
by notification in the Official Gazette appoint; and different dates may be
appointed br different areas.
2. Oefinltions : ln this Act, unless the context otheMise requires :-
(1) "Affordable Cost' means a cost that is based on the needs
and financial capability of the slum dweller, as determined by
the State Slum RedevelopmentAuthority/ StateGovernment.
(2) "Authority Oflice/' means any officer, the Govemmenl may
be order specifically authorize to exercise the powers of the
Authorized Offlcer in such area as may be specified therein.
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(3) "Basic Civic Services" means services of drinking water
supply, drainage, sewerage, solid waste dispoBal and street
lighting.
(4) "Building" includes a house. out-house, stable, shed, hut
and other enclosure or structure, whether of masonry bricks,
wood, mud, metal or any other material whatsoevel whether
used as human dwelling or otherwise; and also includes
verandahs, flxed platform, plinths, door-steps, electric meters,
walls including compound walls and fencing and the Iike, but
does not include plant or machinery comprised in a building.
(5) "Carpet Area" means the net usable floor area of a dwelling
house, excluding that covered by the walls and the common
areas.
(6) "State Government land" means land owner by the State
Govemment.
(7) "Central Govemment land' means land cn med by the Central
Govemment or its undertakings.
(8) "Chairpe6on" means the Chairperson of the City/ Urban Area
Slum Redevelopment Committee appointed under section 8
of the Act.
(9) 'Ci9/ U6an Al€a Slum Redevolopment Committos" means
the City/Urban Area Slum Redevelopment Committee or
Committees appointed under section 7 of this Act.
(10) "Collector" means the Collector of a district and includes
as Additional Collector or any offlcer specially appointed by
the State Government to perform the functions of a Coliector
under this Act.
(11) "DevelopmenURedevelopment" with its grammatical
variations and cognate expressions, means the carrying out
of any building, engineering or other operations in, on over or
under land orthe making of any materialchange in any building
or land and includes layout and sub-division ofany land.
(12) 'Dweller House" means an all weather singlei multi-stored
super structure with adequate basic infrastructure including
portable wate( and sanitation for a quality living
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(13) "Dweller Space" means dwellang house or a piece of land
for constructron of a dwelling house
('14) "Floor Space lnderFloor Area Ratio" means the area that
can be constructed on a piece of land divided by the total area
of the land.
(15) "Government" means the State Government of Arunachal
Pradesh.
(16) "Govemment Land" means any land owned or acquired by
the State Government or its undertakings orthe Urban Local
Body or DevelopmentAuthority situated in a districtor an urban
area as the case may be.
(17) "ln-situ slum re-development" means the process of
redevelopment ofslum areas by providing dwelling space and
other basic civic and infrastructural services to the slum
dwellers, or the existing land on which the slum is based.
(18) "Land'l includes.benefits lo arise out of land, and things
attached to the earth or permanently fastened to anything
attached to the earth.
(19) t'Laildle8s PeBon" means a person who does notown either
in his own name or in the name of any member of his family
any dwelling house or land in an urban area.
(20) "tllember" in relation to the Cityiurban Area slum
Redevelopment Committee. means the member of the City/
UrbanArea Slum Redevelopment Committee appointed under
section 8 and includes the Chairperson.
(21) "Person" includes an individual and his family.
Explanation : - Family, includes husband, wife, minor son,
unmanied daughbror any relation by blood wholly dependent
on the slum dweller.
(22) "Piescribed" means prescribed by rules made undertheAct.
(23) "Private Land" means land or/ned by a private person or
entity.
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(24) "Properlyt 6eans the land , the building, all irnprovements
, and struqtures thereon, and all easernents, rights and
.. appurtenances belonging thereto, and includes every type of
right and interest rn land which a perion can have to the
exclusion of other persons, such as possession, use and
enioyment free from interference, right of disposition and
franchises.
(25) "Rule' means the rules made under this Act by the State
Govertment.
(26) "Schdine" means any arrangement or plan prepared
'' and declarcd unde;the Act for the proteclion, redevelopment,
up-gradation, relocation and resettlement of slum dwellers as
provided under section 10.
(27) "Slum" or "Slum" Acra" means a compact settlement of
, at least twenty househol4s with a collection of poorly built
tenemenb, mostly of temporary- nature; cfo\,vded together
usually with inadequate sanitary and driqkang water facilities
in unhygienic conditions.
(28) "Slum Owelled means-any person residing within the limits
of a slum area.
(29) "Slum Resettlement" means the process of relocation and
settlement 6Islum dwellers from the existing untenabfe.slums
to an alternativd site with dwellihg space, basic''i{viU and
infrastrucluralservices. )t ti
(30) "state Sliim Redevelbpmeni Autnority; 'hean5 tne
Authority appointed under sectron 11 of thisAct.
(31) ''Tonable S€ttlomonf means allslums which do not fallwithin
the definition of Untenable Settlements.
(32) "Tribunal" meani the Tribunal established by ine State
Goyernment llnder the qection 16 of the Act.
(33) "Untenable Setllement" are those settlements which are
non- environmentally hazardous sites (like riverbank, pond
sites, hilly or marshy telrraine , etc.), ecologically sensitive sites
(like mangroves, national parks, sanctuaries, etc.), and on
land marked tor public utilities and services (such as major
roads. railways tracks, trunk infrastrubture, etc )
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(34) "Up{radation' means the pftress of improving the quality
or expanding of dwelling spaces occupied by slum dwellers
-' with provision of basic seMces and infrastruc.ture services and
' includeslandscaping.
(35) "Urban Area" means the area comprised within the limits of
all cities and torvns classified as urban by the Census 2001/
. 201 1 including the limits of Municipal Corporation or Municipal
Council or Nagar Panchayat as constituted under the State
Acts, including cantonment board otnotified areas, and shall
incluire the planning area as per the Developmenl Plan of a
town or City.
(36) 'Word6 and expressions used but not defined in thisActshall
have he same meaning as indicated under the State Municipal
Corporation/ Municipality Act, Stat€ Town Planning Act and/
or the Urban DevelopmedtAct and other relevantAc{s of the
State.
Chapt r -ll
PROPERTY RIGHTS
3. Poperty Rightr ln the fiorm of dwellirtg space : ( 1) Notwithstanding
anylhing conEined in any law for the time being in brce, every triballandless
person living in a slum area in any city or urban area, from the last 10 year
shall be entitled to a dwelling space at an affordable cost.
Explanauon : For th€ Frpo6e of this suFseclion he dvrelling house
shall be of a minimum 25 sq m carpet area, orwhere land is being allotted,
the allotment shall be of a minimum area so as to allow a construction of a
dwelling house of minimum 25 sq m carpet area.
(2) Every Tribal slum dweller eligible as per sub-section (l) shall be
given a legal documentof entitlement.
Explanation : For the purpose of this suFsection the legal
title to the dwelling space shall be in the name of the female head
of the household or in the joint name of the male head of the
household and his wife.
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(3) Uffil the site for he d\i/elling space has been identified or developed
as the case may be, every Tribal eligible slum dweller shall be
issued a'document of intent to allot' and shall not irrespective of
his land tenure status be evicted from that slum area.
(4) Every po6on living ln a slum area who is ln-aligible undet
sub-Ee€'tlon (l) shatl be povid with an all wath* built spae
to llve in, wtth provision of all basic civic servlces and other
infliasfructurt hcilities, which may be on rentat hesis at dE
sarrre siftr as t re cr'igibre slum dwdlers or d*wh6re, so dratrro
slum family is ldt living in a slum like condition and the whole
slum can be tldevelgped es per the ptovislons of Aris Act-
(5) The Dwelling space so provide under sub-section (l) shall not be
transfierable by sublease, sale, gifl mortgage or any other manner
\,1/hatsoever expect by inheritance, without the permission of the
$ate Govemment br a period of 7 years from the date of allotment
of the said dwelling space.
Provided that the dwelling space so allotted shall be
mortgageable for the purpose to raising finance in the form of a
housing loan from any aGrcdited financial institution for repayment
of the cost of construction of the dwelling house.
(6) lfttre Slum dn ellers to whom the du,elling space has been proviled,
bansfers $rch dwellang space in contraventon of the pmvisions of
sub€ec{on (5) above, the bllo\iring consequ€nces shall ensure,&
namely:-
(a) The allotment shall stand automatically cancelled on the
date of such transfer ;
(b) Such transfershallbe nulland void i
(c) No ownership or o@upation rights shall accrue to the
transferee ofsuch dwelling space ;
(d) TheAuttorized Officeron the directions of the City/Urban
Areas Slum Reda/elopment Committee shall dispossess
the person who is in actual possession of such dwelling
space if or when such transfer comes to its notice.
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(7) Notwithstanding anything. contained in the Registration,Act,
1908, no officer empowered to register documents thereunder
shall admit for regiStration any document which purpods to
contravene the provisions of sub-sectioD (5).
4. ln€itu redevelopmenu up-gradation of all tenable slums :
{1) The dwelling space under sub-section {l) of Sbction 3 shall be
provided in-situ iri all tenable slums and the State Authority lnay
forthis purpbse modify the land use and town planning provisions
vefiereverneeded.
{2) The slum dwellers living in a slum, which is untenable, shall be
-,provided a dwelling space at an alternate site with basic civic
and inftastructure services.
.:(3) Where the slum is located on State Govemment land.or on
privaiely owned land for less than 10 years. and'the State
Govemment or the Private o\ ner as the case may be is'unwilling
' to negotiate a solution, the eligible slum dwellers shall be
provided a dwelling space at an aiternate site with basic cjvic
',i " and lnfrastructure serviees.
(4) Where uniler sub-section (2) qr sub-section (3) the slum is' relocated to a site more than 5 kilometers and such relocation
site is unconnected by public transport tb the originalsite, the
cly/ Urban Area Slum Rede\Elopment Committee shallensure
adequate public transport arrangements for the convenience
,.,. of the slum dwellers to reach their placesfor livelihood.
5. Conditions for allotment of a dwelling space : The allotment of
the dwelling space under sub-section (1) of section 3 shall be subiect to the
following conditions :-
(1) the slum dwellers undertakes to pay the affordable cost for
the dwelling space; and
(2) the slum dwellers will occupy or conshuct the dwelling house
as the case may be within the period notifi€d by the City/
UrbanAreas Slum Redevelopment Committee; and
(3) the slum dweller undertakes to abide b, the conditions of
allotment.
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6. Process of ldentlficatlon of Eligible Slum Dwellers, Grant of
Legal Entitlement and Dispute Resolution : The State Government shall
prescribe and notify necessafy directions for the identification and periodrc
survey of slum dwellers including bio-metric survey, manner of grantof legal
entitlement to dwelling space, grievance redressal/drspute resolution
mechanism etc. for the purpose of granting legal entitlement to the slum
dwellers.
ChapterJll
CITY' URBAN AREAS SLUM REDEVELOPMENT COMMITTEE
7. Establishment of City/Urban Aroas Slum Redevelopment
Committee : The S:tate Government shall by notification establish for the
purpose of thisAct a City/ UrbanAreas Slum Redevelopment Committee for
each city or urban afea as it deems necessary and the Committee shall
exercise lheir power under the respective jurisdictron overthe area as specified
therein.
8. Composition of Clty/Urban Areas Slum Redeyelopment
Committee : (1) The City/ Urban Areas Slum Redevelopment Committee
shallin case ofa city be headed by the Chairperson ofthe Urban Local Body
and in case ofa MunicipalCorporation/Municipal Council/ Nagar Panchayau
metropolitan area by the Chairperson of the t\retropolitan Oevelopment
Authorityicommittee as the case may be and shaltcomprise of the following
memErs-
(a) The president of the Drstrict Panchayaus functioning in
the diskict or urban areaor in any part thereof, ex-officio/
local Hon'ble MP/MLA of the jurisdidion.
(b) All Chairpersons ofthe Urban Local Bodies under the
metropolitan Area (where the Chairperson is the head of
the ULB metropolitan DevelopmentAuthority) ;
(c) District Collector or his iepresentatave, not below the
rank of Additional Collector ;
(d) Superintendent of Police orhis representative, not belo\,v
the rank ofAddition Superintendent of Police;
(e) Chief Executive Officer of the Development Authority/
ULB;
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(0 City head oftre Depar[nentofb{yn and CountyPlanning
(g) City head ot the Environment Department of the State ;
(h) District head of the Slum Development Board/ Slum
DevelopmentAuthority, if any :
(i) District Forest Officer I
0 One member having expertise in the field of urban
planning to be nominated by the State Govemment ;
(k) Two representiatives of reputed NGO's / CBO's/ Civil
Society Organization ftom within the urban area, to be
- nominated by the State Govemment ;
(l) Representative ofthe cenfalGoveFment Land owning
agency/ Land Revenue and Settlement officer of the
District.
(m) Commissioner gf the Urban Local Body as Member
Secretary who shall also be designated as the chief
Executive Officer of lhe City/ Urban Area Slum
. Redevelopmentcommittee. .. :
(n) Any other member that the State Government may
decide.
(2) The procedure and conduct of business by the City/ Urban Area
Slum Redeveloprnent Committee shall be as prescribed.
(3) The terms and conditions for appointment of otficers and
emdoyees to assist the City/ Urban Area Slum Redevelopment
Committee and the Special Committees, their salaries and
allowances etc. shall be as prescribed.
9. Tha Powers and duties of the City, Urban Area Slum
Redevelopment Committee Shall be as follows, namely :
(1) To survey and make a list of slum dwellers for grant of legal
entitlement of dwelling space ;
(2) To review, and make an inventory of the existing position
regarding slum areas and lands in urban areas for provision
of dwelling space ;
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(3) To formulate schemes forslum redevelopmeny up{radation
so as to cover every slum area within a specified period of
time ;
(4) To implement the schemes for slum redevelopment/
upgradation/resettlement by designating agencies ;
(5) To constitute special Committees headed by members of
the Committee, for implementing slum redevelopmenu up-
gradation/resettlement schemes ;
(6) To appoint such number of experts for technical and legal
work as may be necessary for the efilcient performance of its
functions;
(7) To prit in plase effective monitoring and evaluation systems
relating to various projects under the slum redevelopmenu
up{radatior/ rcsettlement schemes with clear responsibilities
and budgEts.
(8) To formulate schemes for rental housing for the urban poor
and slum{wellers in-eligible under the Act, and ensure its
implementation i
(9) To ensure prevention of slums in the future and to revien, and
monitor the implementation of the provisions of the relevant
Acts relatng to prevention and removalof encroachment on
govemment land.
(10) To partner with the private sector and other non{overnment
organizations for implementation of the schemes ;
( 1 l ) To assist the slum dwellers in the forming of eo-operatives or
Association or Society ; (1)
(12) To do all such other acts and things as may be necessary for
achieving the objective of redevelopmenu up-gradation/
resettlement of slums.
10. Slum RedevelopmenU Up-gradation/ Resettlement
Scheme: (1) The City/ Urban Area Slum Redevelopment Committee shall
prepare schemes as perthe rules prescribed, covering provision of dwelling
space, basic civic and infrastructure services for in situ redevelopment or uF
gradation or relocation and resettlement of slums and for such other matters
as it deems fitand necessary for the implementation of the provisions of the
Act.
zzl
(2) For the purpose of planning and land development under the
slum redevelopmenu up{radation/ resettlement schemes, the
State Government may on the recommendation of the City/
Urban Area Slum Redevelopment Committee make regulations
under the relevantAct.
(3) The slum dwellers ortheir representatives shall be involved by
the City/ Urban nrea Slum Redevelopment Committee in the
preparation of the schemes and no such scheme shall be
implemented without the consent of the majority of the adult
slum dweller living in that slum.
Ghapter - ]V
STATE SLUM REDEVELOPMENTAUTHORITY
ll. State Slum RedevelopmentAuthority : (1) The State Government,
may by notification, establish for the purpose of this Act an Authority to be
called the State Slum Redevelopment Authority, (hereinafter referred to as
the Stiate Authority'), to continuously monitor implementation of this Act and
to recommend conective measures whercver necessary to take oveniding
decisions thatconcern land use, tovrrn planning, master ptanning processes
etc. and lo exercise powers and perform such otherfunctions assigned to it
under this Aot.
(2) The StateAuthority shall be a body corporate by the name aforesaid
having perpetual succession and a common seal, with power,
subject to the provisions of this Act, to acquire, hold and disoose
of property and may by the said name sue and be sued.
(3) The $ateAutrority shallconsist of the follorving members, namely:
(a) Chief Minister of the State- Chairperson ;
(b) Ministers for Urban Developmenti Housing/ Municipal
Administrationi Local Self-Government-vice-Chairman ;
(c) MinisterforFinance-Member,
(d) Ministerfor Land Management & Revenue-Member
(e) Ministerfor Environment & Forest-Member
(f) Ministe!'for Law & Justicel LegalAffairs-Member;
(g) ChieiSecretary-Member ;
(h) Managing Director/ Chief Executve Offlcer of the Slum
Development Board/ Slum DevelopmentAuthority, if any;
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(i) Two members representing civil society/community based
organrzations/ NGO'y Social Organization etc to be
nominated by the Chairperson-Members ;
0) Secretary(MunicipalAdministraton/Urban Developmenu
Local Self Govemmenu Housing) of the Ste Govemment
who shall also be designated as the Chief Exeoutive
. Officer of the State Authority- Member Secretiarf
(k) Any other member that the State Government may
decide.
(4) The Procedure and conduct of business by the Stste Authority,
its budget and the term of office and conditions of service of the
members shall be as prescribed.
(5) The terms and conditions for the appointment of officers and
employees to function as the secretiariat of the State Authority,
their salaries and allowances etc. shall be as prescribed.
12, Powers and Functions of the State Authority : The Authority
shall perform the following functions, namely ;-
(1) To have overriding powers to take decisions on matlers relating
to land use, town planning, master planning process etc.
(2) To set up the administrative machinery for the effective
implementation of the provisions of theAct ;
(3) To monitor implementation of the Act ;
(4) To decided the financing mechanism for slum red€velopmenu
up{radatror/ resettlement schemes, includin g determination
of affordable cost to be pail by the slum dwellers for the
dwelling space ;
(5) To commission such surveys, studies and research as it
consider necessary br the discharge of its func{ions, especially
in regard to provislon of housing to the urban poor, and to
dissemination their findings :
(6) To make provisions for reservation of developed land/ FSI for
provirling housing tothe urban poor and recommend measures
to preventfuture groMh of slums; and
(7) Any other functions as may be prescribed.
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Chapter-V
ACQUISITION OF LANO
13. Power of State Government to acquire land : (1)Where on
any represenhtion from the City/ Urban Area Slum Redevelopment Committee
it appears to the State Govemment that, in order to enable the City/ Urban
Area Slum Redevelopment Committee to execute any\ ork of redevelopmenu
up-gradation/pesettlement in relation to any slum area, it is necessary that
land with, adjorning or surrounded by any such area should be acquired, the
S1ate Govemment may acquire the land by publishing in the Official Gazette
a notice to the effect that the State Government has decided to acquire the
land in pursuance of this section :
Provided that, before publishing such notice, the State Government,
or as the case may be, the Collector may call upon by notice the owner of,
or any other person who in its or his opinion, may be interested in such land
to show cause in writing why the land should not be acquired; and after
cons;dering the cause, if any, shown by the owner or any other person
interested in the land, the State Government may pass such order as it
deems fit.
(2) The acquisition of land for any purpose mentioned in suFsection
(1) shall be deemed to be a public purpose.
(3) When a notice as aforesaid is published in the Official Gazette,
the land to which the said notice relates shall, on afld from the date on which
the notice is so published; vest absolutely in the Govemment free from all
encumbr€inces.
14. Land acquired by State Government to be made available to
the City/Urban Area Slum Redevelopment Committee : Where any land
in a slum area or any other area has been acquired under this Act the State
Government shall make the land available to the Cityiurban Area SIum
Redevelopment Committee for the purpose of executing any scheme of
redevelopmenUUpgradation/resettlement.
15. Gompensation for acquisition of land : (1) Where land is
acquired for the purpose of allotmentto the slum dweller, every person having
any interest in any land acquired under this Act shall be entitled to receive
compensation from the Slate Government.
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(2) Compensation will be paid to the land owner which may be
monetary or in the form of conc€ssional building rights in lieu of
value of land foregone, partially or wholly transterable or a
combination of both.
(3) The process of determination, appointment and procedure of
payment ofcompensation as required undersuFsection (1) shall
. be as prescribed.
16. Tribunal : (1) The Sate Govemment may, by notificatron, constitJte
for the purposes under this chapler, one or more tribunals to hear appeals
from any person who does not agree to the amount of the compensation
offered and claims a sum in excess of that amount and the decision of the
tribunal in this regard shall be final.
(2) The State Government may, by notilication, provide for the
compensation and consultation of the tribunal, the term, salary,
vacancl and other particulars of such Tribunal and all other
matters that the Government deems flt and necessary for
operation and fulfillmentof the role of the Tribunal.
(3) For the purpose of enabling it to discharge its functions under
this Act, the Tribunal shall have such sbff on such tems and
conditions of service as may be prescribed by rules.
Explanation : Compubory acquisitions ot land i (1) When any
land, whether within or outsde the limits of the Municipal atea, or any easanent
affecting any immoveable propefty vested in the Munbipal, is requitd lor
any public putpose under this Act, the flate Govemment may, at the t€ques/.
from the Municipality, proceed to acquire such land or easement under the
Land of Acquisition Act, 1894.
(2) The Municipalityshall be bound to pay to the Sate Govemment
the cost including all charges in conneclion with the acquisition of the land
under the Land Ac4uisition Act, '1894.
(3) The Municipality miii resort to other methods of land assembly
including the use oftransferable development rights.
17. Special provisions for acquisition ol land adjoining
st/eets .' Whenever t|e Municipality makes a request to the Sate Government
for acquisition of land for the purpose of widening or improving an existing
street, it shall be lawful for Municipality to apply to the State Govemment for
the acquisition of such additional land immediatety adjoining the land to be
occupied by such new street or existing street as is required for the sites of
buildings to be erected on either side of the street, and such additional land
shall be deemed to be required for the purposes of this Act.
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Chapter -Vl
PREVENTION OF ENCROACHMENTS AND CONSTRUCTION OF
ILLEGAL STRUCTURES OTHER OFFENCES AND PENALTIES
18. Responsibility to prevent encroachments : (1) Notwithstanding
anything contained in arry law in torce, any person who encroaches upon
any Government land or constructs an illegal structure or abets the
encroachment or construction of allegal structure thereon shall be punished
with impnsonment of not less than three years orwith a minimum fine of one
lakh rupee or with both.
(2) lt shall be the duty of the Government to ensure that there is no
encroachment or construction of an illegal structure on Government land,
and shall for this purpose by order authorize the Officers by designatlon for
each urban area, who shall report in writing such encroachmentor violation
to the Competent Authority to evict such encroachers or to demolish such
illegal structure or to tiake such action as necessary.
Provided that if such encroachment is not remdved within a period
of 6.months of the report from the Authorized Officer, every slum dweller
shall be entitled to rights over such land in the same measure as provided
under section 3 of this Act.
Explanatiotr:- For the purpose of this section, competent Authority
means the Authoritywfiich exercised power of eviction and demolition over
land on which such encroachment or construction of illegal structure has
been reported. '
(3) lf anyAuthorized Officer fails to inforrn the Competent Authority
about the encroachment or illegal construction as the case may
be or if the competent Authority knowingly omils to take action
against suih encroachmenl or illegal construction therein, or a
police officer responsible to provide assistance for removal of
such encroachment or demolition of such illegal structure does
notprovide adequate protection and support, he shall be punished
wih a simple imprisonment which may extend to three years or
with fine which extend to fifty thousand rupees or with both.
(4) TheAuthorized Officer shallinform and file a monthly report otall
cases ofencroachment orconstruction of illegal structure along
with the corrective measure taken to the City/Urban Area Slum
Redevelopment Committee.
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19. Penalty for Cofttravention olthe Act and Rules : Whoever fails
to comply with or contravenes any of the other provisions of the Act or the
ruies, thereunder except as provided under sectioo 17, shall in respect of
each such failure or contravention be punishable with;rine, u*rich may extend
to twenty thousand rupees, and in case the failure or oontravention continUesr
with additional fine which may extend to one thousand rupees for every day
during which such failure or contravention continues after the conviction of
the first such failure or contravention.
20 Offence to be cognizable : Notwithstanding anything contained
in the Code of Criminal Procedure, 1973, every offence underthisAct; shall
be cogit izable
Ctapter-Vll
MTSCELLANEOT.IS
21. Informatior\.reports or returns : The State Authority or the City/
Urban Area Slum Redevelopment Committee, may, in relation to itsfunctions
under thisAct, from time to time, require any person, officer, orother authority
to furnish to it, reports, retums, stiatisltcs. accounts and other information as
may be deemed necessary and such person, officet or other authority, as
the cas'e may b6, shall be bound to do so. :
22, Prctection ol action taken in good faith : No suit, prosecution or
other legal proceedings shall lie against the Govefiinent oi arry Officer or
other employee ot the Govemment or a riy Autho rity or Com mittee constituted
under this Act or executing any scheme made underlhisAct or any member,
officer or other employee of such authorities or committees in respect of
anything which is done or intended to be done in good faith in pursuance of
this Act or the rules or schemes made, or the orders or directions issued,
thereunder.
23. Power to remove difficulties : (1) lf any drfficulty arises rn giving
effect to the provisions of this Act, the State Government may by order
published in the Official Gazette, make such provisions, not inconsistenl
with the provisions of thisAct as may,ppearto it to be necessary orexpedient
Ior the removal of the difficrrlty.
Provided that no such order shall be made after the expiration of 5
(five)years from the commenbement of thisAct
230
(2) Every order made under this section shall as soon as may be
after it is made, be laid before the State Legislative Assembly.
24. Clvlccourts not to have jurisdlctlon : No Civic Court shall have
jurisdiction b entertain any suil or proceeding in respect of any matterwhich
the CMUrban Area Slum Redevelopment Committee or the Ste Slum
R€development Authority is emponered by or under this Act to determine
and no injuncton shall be granted by any court orother authority in respect
ofany action taken orto be taken in pursuance ofany power confened by or
under this Act.
. 25. Judsdiction of court : (1) No court infierior to that of a Judicial
Magistrate of First Class shall try any offence punishable under this Act.
(2) No court shalltake cognizance of an offence punishable under
this Act or any rules or regulations made thereunder, except
upon a complaint in writing made by the City/ Urban Area
Slum Redevelopment Committee or by any OffEer of the Cityl
Urban Area Slum Redevelopment Committee duly authorized
by it for this purpose.
(3) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 ot''1974'), it shall be lawfulforthe Judicial
Magistrate of First Class to pass a sentence o.f imprisonment
or of fine or both under thisAct.
26. Fower of Stato Governmont to make ruleE : (1) The State
Governm€nt may, by notification, in the OfiicialGazefte, make rules to carry
out all or any of the purposes of this Ac1.
(2) W$out prejudice tothe generality of the bregoing provisions,
such rules may provide for allor any of the following matters,
namely :-
(a) The process of identification of eligible slum dwellers,
grant of legal entitlement and dispute resolution under
section 6 ;
(b) The compositjon, porters, and funclbns of the City/Urban
Area Slum Redevelopment Committee under section 8,
the porvers and function thereot, the number of members
and theirterms and conditions of appointrnent and other
matters connecled therewith ;
231
(c) Appoinlment of Special Committee and officers and
employees of the Cify/ Urban Area Slum Redevelopment
Committee, therr salary and allowances eb. under seclion
s(5);
(d) Terms and conditions for engagement of experts for
technical and legal work to assist the City/Urban Area
Slum Redevelopment Commitee and the remuneration
payable to such experts under sedion.g (6) i
(e) Preparation and implementafion of schemes br slum
RedevelopmenUup-gradation/resettlement through
designated agencies under section 10 ;
(0 Procedure and frame$/ork for fixing responsibility for the
maintenance and sustainatilityfor schemes undertaken ;
(g) The composition, pffvers and tunc{bns of the ShE Slum
RedevelopmentAuthority under section 11, the powers
and functions thereof , the numberot members and their
terms and conditions of appointment and other matters
connecled therewith ;
(h) The procedure and conduct of business by the State
Authority and its budget under section 11 (4) ;
(i) Appointment of officers and employees of the State
Authority, their salary and allo\ ances etc. under section
11 (s);
O Proc€ss of determination, appointment and procedure
of payment of compensation in case of acquisition of
land under section 15 ;
(k) The composition, powers, functions and procedures of
the Tribunal constituted under section 16 ; and
(l) Any other matter which is required to be, or may be
prescriM, or in respect of which provision is to be, or
may be, made by rules.
?32
(3) Every rule made by the State covernment underlhis Act shall
be laid, as soon as may be after it rs made, before the State
LegislativeAssembly. while it is in ses€ton for a total period of 1 0
(ten) days, which may be comprised in one session or in t\ivo or
more successive sess,ons and if, before the expiry of the session
'immediately following the session or the successive session
aforesaid, the Legislative Asgembly agree in making any
modification in thetule oragree that the rule should not be made,
therule shall ther€a-fur h-ai'e effect only in such modified form or
be of no effecl, gs the case may be, so however, that any such
rtrodification oiinnulment shall be without prejudice to the validity
of anything previously done underthlsAct.
27. Effect of other laws and agreements inconsistence with the
Act : The provisions of thisAct or rules made thereunder shall have
' effect notwithstandng anythino contained. inconsistent therewith
contained rn any other Act.

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