LexThe Assam Slum Areas (Improvement and Clearance) Act, 1959
Assam · state statute
Open in Lexace · Ask the AI about this act(2) It shall :Rave the like extent as the Prin·
cipal Act.
(3) It shall come into force at once.
-"-mend.ment 2. For Section 30 of the Principal Act the fol-of Section 30 . . '
of Assam Actlowmg shall be substituted, namely :-
XXIII of
1947.
"Prohibitidn
Commission·
er.
.......
30. For the purposes of this Chapter, the
State Government may, by notification in the
Official Gazette, appoint a person to be
the Prohibition Commissioner on such salary
as may be determined by the Government." ,
Amendment 3. For sub-section (1) of Section 32 of the Prin-;'
~f. ~~~:~nAac~cipal Act, the following shall be substituted,
XXIII of namely :-
1947.
"Prohibition
Committee.
32. (1) The Commissioner may, by notifi
cation in the Official Gazette, constitute for
any district or any part thereof a 'Prohibi
tion Committee' consisting of not more than
five persons. He may also, by like notifica
tion, dissolve or reconstitute any such
Committee."
ASSAM A!JT No. XII OF 1961
THE ASSAM SL UM AREAS ( IMPROVEMENT AN 0 1CLEARANCE)
AOT, 19ii9 .
Received the assent of tbe President on the 22nd April 1961
[Pubiished in the Asram Gazette, Extr ,iordinary, dated the 5th .May 1961]
CONTENTS
CHAPTER !.-Preliminary
Sectio11
l Shmt)itle, extent and commencement.
2 Definitions.
<JHAPTER II.-Constitntion o'f the Council
3 Constitution of the Slum Areas (Improvement and
Council.
4 Resignation of non-official members.
5 Term of office.
6 Commencement of the term of office of non-official members;
7 Removal of non-official members. ·
8 . Filling of casual vacancies.
9 ConstiLUtion of Lhe Authority .
..
83
Section
CHAPTER III.- Slum area s
10 Decl aration of slum areas.
CHAPTER IV.-Slum improvement
11 Power of Authority to require improvement of buildin gs and/or land
unfit for human habitation.
12 Enforcement of notice requiring exec ution of works of imp rovement.
la Expenses of maintenance of works of improv eme nt, etc ., to be reco
verable from occupiers of buildings.
14 Power of authority to order demolition of buil ding unfit for human
habitation.
15 Proced ure to be followed where demoli tion order has been made.
CHAP TER V.-Slum clearance and re-development
16 Power to d eclare any slum are a to be a clea ran ce area.
J 7 Slum clearance order.
18 Power of Authority to redevelop clearance area or a ny part
there of.
CHAPTE R VI. -Acquisition of land for slum cleara nce schemes
19 Power of State Government to acquire land.
20 Land acquired by the State Government to be made available to
the Authority.
21 Right to receive compensation.
22 Basis for det ermination of compensat ion .
23 Apportionment of compensation ..
24 Payment of compensation or deposic of the same in Court.
25 Pow ers of Authority in relation to determinition of compensation,
etc.
CHAPTER . VIL-Appeals and Appellate Authority
26 App ointment of Appellate Authority.
27 Du ti~s of the Appellate Authority.
28 Procedure of working of the Appellate Authority.
29 Rig ht to appear by recognised Agent.
30 Protection of acti on taken under this Act .
31
32
S3
CHAPTER VIII.-Finance
Developme nt Fund.
Powers. to borrow.
Grants, Advances and Loans.
CHAPTER IX.-Legal proceedings
• 34 Penalty for breach of the provisions of the scheme.
35 Powe r to execute works on failure to comply with no tice.
36 Righ t of occupier to execute works in default of owner.
37 Recov ery of cost of work by the occupier.
38 Procedure upon oppo3ition to execution hy occupier.
39 Penalty for obstructing con tractor or removing mark.
84
Section.
40 Officers under the Act to be public servants.
41 Authority for pwsecution.
42 Power of Authority to institute proceedings, etc., and to take legal
advice.
43 Bar to suits and prosecutions in certain cases.
44 Punishment for malicious abuse of powers.
45 Regist ration of documents, plans, or maps m connection with a
scheme.
46 Order under the Act not to be questioned in any Court.
47 Effect of orders inconsistent with other enactments .
CHAPTER X
Miscellaneous provisions
48 Service of noti ce.
49 Method of giving public notice.
50 Formal defects in assessments and demands .
51 Power and duties of police in respect of offences and assistance to
authorities.
RTE ASSAM SLUMJ(AREAS tIMPROVEMENT
AND CLEARAl\CE) ACT 1959
An
Act
to provide for lthe :improvement and clearance
of slum areas in towns and country sides of the
State '>f Assam
Preamble, Whereas it is expe ... ient tu improve and/or clear
the slum areas in the State of Assam on sound
planning principles with the object of securing
proper sanitary conuit 1ous, to comerve and promote.
the publ:c health, ~afet} and geno 21 welfare of the
people;
Short title,
extent and
con.mence
ment.
It is hereby enacted in the Tenth Year "f the
Republic of India as follows:-
CHAPTER I
Preliminary
1. ( l) Thi:. Act may be called the Assam Slum
Area (Improvement and Clearance) Act, 1.959.
( 2 ) It sha 'l extend to tne whole of Assam:
Provided that if any Jistrict Council des ir:s that
all or any of the p.0vhio 11 s of this Act should ~ ppl .
to 1he Autonomous District concerned, a notification
may be issued to that effect and _this A.ct shall
Definitions1
85
then extend to that Autonomous District subject to
such exceptions or modifications a3 may be specified
in the ontification.
( 3 ) It shall come into force on such date as
the State Government m iy, by notification in the
Official Gazette, appoint.
2. In th:s A:t, u'.llr.ss there ij anythin~ 1epugn ant
in the subject or context:- -
( 1 ) "Authority " shall mean the Local or Regional
Author ity appointed by the State G:wernment the
purpose of administering the Act Un less othe rwise
app ointed by the State Gwernment, the Auth ority
in the case of Municipal areas shall be take n to
mea u the Municipal Bt>ard and Town C )mm ittee Assam Aet
for the area constit uLed unaer he A5sam Municip.:tl XV of 1957 .
Act, 1956.
( 2 ) "Co1mcil" means the Assam Slum Areas
(Impro vement and Clearance ) Advi 0 ory Council
C·Jqs•ituted under Section 3 of this Act.
(3) "Building" means any construction for whatso
ever purpose and of whatsoever materials cor.structed
and every part thereof, whether used as · human
habita tion or not and includes plinth wall, chimney,
draina ge work, fixed platform. verandah, balcony,
corni ce or projecti on, or part of a building or
anythi ng affixed thereto or any wall, earth 'bank,
fence or other const::uction enclosing or delimiting
or in tended to enclose or delimit any land or space .
(4) "Director" mean s Director of Town and Coun
try Planning or any other officer ::ippointed by the
State Government.
(5) "Work of im i:: rovement" includes in relation to
any building in a slum area the execution of any ·om:
or more of the following w:>rks, namely:-
(i) necessary repair ;
(ii) structural alteration ;
(iii) provision of light point and water tap ;
(iv) construction of drain, ooen or covered :
(v) provision of latrine ; ·
(lli) provision of additional or improved fixture
or fitting ;
(vii) opening up or paving of Courtyard ;
(viii) removal of rubbi~h ; an<l . /
86
(ix) any other work inclu ding the demolition
of any building or any part thereo f which
in the opinion of the aut horit y is neces
sary for executing any of the works speci
fied ah0ve.
(6) "Occupi er" includes an owner in occupation of
or otherwise using h!s own land or building.
(7) "Owner" includes any person who is receiving or
is entitled to receive the rent, compensation or pre
mium of any building or lan d whether on his own
account or on behalf of hiIPself and others or as
agent or -truste e, or who would so rf'.ceive the rent
or be entitled to receive it if the building or land
were let to a tenant.
(B) "Open space" means any land whether encl osed
or not, on which not more than one-twen tieth part
is covered with buildings and the whole of the remain
der has been la id out as a public garden or used for
purpo ses of recreatbn or lies waste and unoccupied .
(9) "Prescrib ed" means prescribed by rules m ade under this Act
(10) "Keci nstituted pl ;t" m ·ans a plot which is
in any way a1te1 eel by )he making of a Sch eme.
(11) "Road" means and includes any highway,
street, la ne, pathway, :illcy, passageway, carriage
way , footway, square, bridge whether private or
public, whether thoroughfare or not, whethe r existing
or pro posed in any scheme and includes all bunds,
cha nnel s_, ditches, drains, culverts , side walks and traffic isla nds .
(12) "Slum clearanc e" means the clearance of any
slum area by th e demolition and removal of buildings
therefrom .
CHAPTER II
Cons titution of the Council
Corutitu- 3. (1) The State Government may constitute, by
tion of t"e a noti &cation in the Official Gazette, the Counci l con
Slum Areas sisting of the following members to advise Government
(Improve-cl on matt ers referr ed to it by the Government: -ment an
Clearance)
C mncil , ( i) Minister-in-charge of
Town and Country
Planning.
Direct or of the Town
and Country Plan
ning Department.
(ii)
(iii) Secretary, T<"'wn am!
Country Pla nning
Department.
Chairman.
Secr etary.
Member.
;
S7
(iv) Chi ef Engin eer, Publi c
Works Departmen t
(R. & B ) or his no
mi nee.
( v) Dire ctor of Housing
(z•i) Public Hea lth Engi
neer or his nominee.
(vii) Secretary , Local Seif
Government or his
nominee.
Member.
Do
Do
Do
(viii ) Secretary, Finance Do
De partment or bis
nom inee.
(ix) Secretary, Revenue Do
Department or his
nominee.
(~) Six members half of Do
whom shall be elec-
ted by the State
Legislative Assembly
and half 1 ominated
by the State Gowrn-
ment.
\
(ii) Such numb er of r< pr o: sentative of loca l
Author1ties falling wichin the area no t
exceediug to as may be co-opted by the
Council , by notification, publi3hed in the
Officia l Gazette.
(2) Fiv e o f the membe . s a•tending ariy meeti ng o f
the Coanci! shall for,n the quorum for th e p ur pose
of transactin g the busir.e ,s uf that meet ing of the
Coun cil.
(3) All members of the Council including the co
opte d m em bers- shall have one vote each and th .!
Chai rman 5hall liave a casting vo,e in case of equa·
lity of d:vision, in ad d ition to his own vote.
r (4) ;,Nothi ng done by the Counci l in its meeting
shall ~ be h eld to be invalid because of any vacancy
in ;the seat s~of the nominated er eiected membe rs
or the abs en ce of any of the members.
i'J (5) The Chairman shall preside over the meeting s
of the Cou ncil and in his absence the memb er3
present sha ll elect one among themselves to be th e
Chairman for that particular meeting.
R · tlo - 4-. Any non-official member may at any tim e resign es1gna n h' • ffi 'd ~ h h' . . h II of non· :s _ o ce, prov1 e.,. t at is re~1gnat 1 on s a not
offi c i a I take effect u nt il accepted by the State Gove l'nme nt. members,
T of 5. The term of office of any non-official member
~mc c. ' ·all· o.rdinarily be_ three yea rs ~
1
Provided that in case of member3 representing the
Legislature or the Local Authorities, t ieir terms of
office shall termin ate as soon as they cease to be
memb ~ rs of such Legislature or "Local A·~thority
concerned.
Comm en- 6. (1) T he term of office of non-officia l members
c~m e nt of shall commen ce on such date as may be notified in
~feo~~;~ct h e Offici ai Gazet te in this behalf by the Sta te
non-official Government
members.
(2) A person ceasing to be member> by reason of
the ex;:.. iry of his term of 0ffice as described it:
Section 5 shall be eligible for re-nomination or re-
election. .
Removal o f 7. The St<:.te Government may r~move from the
non-official Council any member who -
member ~ .
(a) refuses to act, or beco ,nes incapable of
acting or ahsents hirn<elf from three
conse~cutive meetingc he Counci l and is
nnable to expl . •· 1 ab~ en ce to the
sat sfaction oi' 1he
or
(b) has so flagrantly abuseJ in any manner his
positkn as a membe r of th e Council as to
render his c ni'nurnce detrimenta l to the
public iaterest :
Provided that when the St.at~ G; 1ernn. enl proposes
to take act ion under the for~~oing provisions of the
· ecti.cn, an opportunity of e·{planati-Jn sha I be; gi\ en
to the memb er conce;ncd a i1d when sue h ac tion is
taken the reasons thereof shall be pla c ~d en record .
Filling of 8. (1) When the pla ce ofa m~nb ~r becomes vacant
camal va- for any reamn, such va :.rncr sh:ill ln filed up in the
cancies. m an ner it was ordinarily fi lled.
(2) The term of office of l member nominated or
eL:cted or co•.lpted unrler s·1b->ect1on ( l), shall be the
remainder of the term of office of the member in
whose place he has been nominated or elected or
co-opted .
. . 9. (1) T h:! State G wernment may constitute by
~~n~~!u,.t'~~ notification in -the Official Gazette an >\uthority for
thority. the_purp'lse of carrying out the purpo~ es of this Act.
'I
(2) The Stat e Government may frame rnles in order
to en 1ble the Authority to car ry out the functions and · · ~
dut ie11.
89
CHAPTER lII
Slu:rn Areas
Declaration 10. (l) Wnere th e Stat e Government upon report
of Slum from the Aut hority or oth er intormation in its posses
Areas. sion, is satisfied in respect of an y area that the build-
ings in that area·- -
(a) are in any re~pect unfit for human
habi tation ; or
(b) are by reason of dilapidation, over-er owd
ing, faulty ar rangement and design of such
buildin'!s. narrowness or faulty arrangement
of street s. J ack of ventilation, light or
sanitatio ·1 faciliti es. or any combination of
some or all of the se factors, are detrimental
to safety, health or morals of the people
of the a rea ;
it may, by notifi cation ira the Official Gazette,
d eclare mch area to be a slum ate :i.
(2) In determining whether a buildin~ is unfit for
human habitation for the purpose of this Act, reg ard
shall be had to its condition in respe : t of the follow
ing matters, that is to s ay -
(a) rep:iir,
(b) stability,
(c) freedom f1om damp,
(d) natural light and air
(e) water sun r1ly,
(f) drainag sanitary conveniences ,
(g) faciJiti' · 1torage, p ' eparatioo and cook-
ing o and for the disposal of waste
water f
-/"
and the building shall be deemed to be unfit as afore
said if it is so defec.tive that it is not reasonably
suitable for occupation in that condition,
CHAPTER lV
Slum improvement
A Phow~r _of 11. (1) iV hen the Authority is s~tisfied that ~ny ut onty to b ·id· d/ I d . I . . require im- UI mg an or an m a s um area is in any respect
roveme n t unfit for human lia bitation, it may, unless in its
f buildings _oi;in ;on the building and/or land is not capable at
nd/or land a reasonabl e expense of being rendered so fit, serve
:~an h:~r- upon the owner of th: bui '. di rig and /or land a notice
talion. requiring him within such time nnt being less than
thirty days as may be spe cified in the noti ce, to
execute the works of ii!iprov ement specified therein
90
(2) In addition to serving a notice .under this
section on the owner, the Au t hori~y mav serve a copy
of the notice on any other person having an interest
in the building and/or land whether as lessee, mort.
gagee or otherwise.
Enforcement 12. (I) If a notic e und er Section 11 requiring the
of !lo~ic e owner of the building anr /or land to execute the
requ1r ~ n g works of improvement is not complied with , then, after
execut1 on h · · f h · d "fi '"' · h fwo ks oft e expiration o t e peno spec1 ec.1 in t e
?mpr ~ v c- notice, the Authority may itself do the wo rks required
1;0ent. to be done by the notice.
(2) All expt~ ns e s incur red by the Autho rity und er
sub-section (l), may be recover ed by the Authority
from the own er of the bui !din g and /or land as arr ear
of land rev enue.
(3) If the own er of the building and/or land is
different 'from the person who owns the land on which
the building and/or land stands and th e ex pens t'S
incurr ed b y the Autho rity under this section are
recoverable from both those persons, then, such
expens es shall be recovered from them in such propor-
tion as may be determined by the Authority or by
an officer empower ed by the Authority in this behalf .
Expenses of 13. ~he re ~o r k ~ of impr oveme nt. h~ve. been exe
maintenance cu ted m rel at•on to any land or building m a slum
of works of area in pur suance of th e provi sions of Sections 11
imp tr 0 vte· and 12, the expenses incurred by th ~ Authority, in men ' e c., . . h h . f . k f to be reco- connectio1 Wll t e maintenanc e o su.:-h wor s o
ve r able improvement or the enjo yment of ameniti e> a nd
from . the_ conven ien ce r ende red possible by such w orks, shall
obc<:1udf!1ers 01 be recover a b'.e from occupier or occupier s of the
U1 mgs. I d b "ld' f I d an or m wgs as arrear o an reve nue.
Power of 14. ( 1) Whe n the Autho rity is S:ltisfied th -t any
Authority to building within a slum '.lrea is unfit for_human h >bit a•
~r~er demo-f tion and is not capable at a reas onable expe nse5 of ht•on o b • d d fi . h 11 h building un- exng ren ere so t, it s a serve upon t e owne r
fit for of the building, and upon an'; o!her pers on having
human habi- an interest in the building, whethe r as lessee, mort
tation. gagee or otherwise, a notice to show cau se, within
such time as may be specified in the notic e, as to
why an order of demoli tion of the huildi ng sho uld
not be m 1de.
t2) If any of th~ persons up :m who m a noti ce has
been served under sub-section (1 ) appears, in pur··
suancc ther eof, befo re the Authodt y and gives an
undertaking to the A utho rity tbat such person shail,
within a period spec ified by the Authorit y execut e
such works of imp:·ovement in relation to the buildin g
as will, in the opinion · of !he Authority, rende1 the
91
building fit for human habitation, and that it shall not
be used for human habitation until the Authority on
being satisfied t hat it has been rendered fit for thal
purp ose, the Author ity shall withdraw the order of
demoliti on oJ the building .
(3) If no such undert aking as is mentioned in
sub- section (2) is given, or if in a case whe re any
such und ert aking has been given, any work of
improvemen t to which the undertaking relat es is not
carried out within the speci.fiej period or the building
is at any time used in contraven rion of the terms
of the und ertaking, the Auth ority mav forthwith make
an order of dem olition of the building requiring that
the bu ilding shall be vacate d within a period, to be
specified in the order, not being less than thirty
days from dat e of receipt of the order, and that it
shall be demolished within six weeks aft er the expira
tion of the period .
Procedure 15. (I) Where an order for demoliti 0n of a
to he follow- buildi ng und er the prec eding section has been made,
ed where h f h b • td · h d mol'tion t e owner o t e u1 mg or any ot er person
o~der
1
has having an int erest therein shall demol ish that building
been made. within the L ime specified in that behalf by the o : der
and if the building is not dem olished within that
time, the Authority shall enter and dt"molish the
J..., :Jding and sell the materials th~reof.
J) Any exp enses incurr ed by the authority under
-section (I J, if not satisfied out of the proceeds of
le of materi als of the building, shall be recoverable
from the owne r of the building or any other person
having an int erest therein as arre ar of land revenue ;
Provided that this sub.section shall not apply in a
case when the owner himself is the occupier.
CHAPTER V
Slum clearance and re-development
Power to 16. (1) When the Stat e Government upon a report
declare any from the Auth ority or oth er inform; tion in its
slum b area eossession , is satisfied in respect of any slum area
~leara:ce a that the most satisfactory method of dealing with
area. conditions in the area i s the demolition of all the
buildings in the area, it shall by an order notified
in the Official Gazette, declare the area to be a clea
rranc c: area, tha t is t'.> say, an area to be cleared of
all buildings in accordan ce with the provision of this Act:
Provided th~t any building iri t}ie area which is
not unfit for human habitation or dan gerous or inju
rious to health may be excluded from the declaration
if th_e Authority so recommends.
Slum clea
rance order
92
(2) The State Government shall forthwith transmit
to the Authority ' a copy of the declaration under this
section.
(3) After an area has been declared to be a clea
rance area, the State Government shall ask the
Authority to prepare a developmerit scheme for that
area and to submit the same to the State Government
for its approval within a period of six months from
such declaration. The State Government m ·Y refuse
to approve or approve' with such modification as
it may deem necessary, for the implementation of
the object of this chapter.
(4) The State Government on approval of the
development scheme shall publish it in the Official
Gazette and it shall become l')perative from the date
of such publication.
17. {l) As soon as may be, after the State
Government has decl red any slum area to be a
clearance a1ea, the Aut.hority shall make a slum
clearance order in relation to that area ordering the
demolition. of each of the building specified therein
and requiring, each such building to be vacated within
such time as may be specified in the order.
' (2) When a slum clearance order ha s become
operative, the owners of buildings to which the
order applies shall demoli~h the building1 b~fore the
expiration of six . weeks from the date on which the
buildings are required by the order to be vacated
or before the expiry of such longer pe1iods in the
circumstances of the case the Authority may deem
reasonabie.
(3) If the buildings are not demolished before
the expiry of the period mentioned in sub-section
(2) the Authority may enter and demolish the buildings
and sell the ID'.lterials the-reof after expiry of the
period of the order.
( 4) Any expem;es incurred by the Authority in
demolishing any building shall, if not eatis!Jed out of
the proc{eds of sale of materials thereof be recoverable
by the Authority as arrears of land revenue:
Provided, however, the expenses not covered by
the sale proceeds shall not be recoverable when the
owner is himself the occupier.
(5) When a slum clearance order has become
operative, no land to which the order applies shall
be re-developed except in accordance with the
scheme approved by the Stat e Government and
except in accordance with the conditions contained in
the scheme:
93
Provided that an owner who is aggrieved by a
restriction of condition so imposed on the use of
his land or by a subsequent refusal of the Authority
to cancel or modify any such restriction or condition,
may appeal to the Appellate Authority whose decision
shall be final.
(6) No pe rson shall comrrence or cause to be
commenced any work in contravention of the scheme
approved or a restriction or condition imposed under
sub st'ction (5):
Provided if any work is commenced, the person
concerned may be evicted and no fresh notice shall
be necessarv for demolition of such wo::- k or evicti on
of such per~on .
Powe~ of 18 (1) When the land has been cleared of
Authority to b 'Id' . d · h I I d redev e I 0 p u1 mgs in accor ance wit a s um c ea ranee or er,
clearance the Auchority may at, any time after the expiry of
area or any twelve monihs from the date on which the order
p~rt ther e- becomes oi:erative, acquire and re-dPvelop any land
0
• which on the date of the making of the order has not
been, or is not in the process of being re-developed by
the owner thereof in accordance with the scheme
approved by the State Government and . any resfric
tions and conditions imposed under sub-sect ion (5)
of Section I 7.
(2) The Authority may also decide to acquirr.:
land within, adjoining or surrounding clearance area
which in its opinion is necessary for the purpose of
improvemrnt and re-development of a clearance area.
CHAPTER VI
Acquisition of land for slum clearance
schemes
• Power of 19. ( 1) Where on any representation from the
State · Go- Authority it appeears to the State Government
verni;rienlt tod that, in order to enable the Authority to execute
acquire an k f . · 1 · b 'Id' any wor o improvement m re at1on to any m mg
in a slum area or to re-develop any clearance area it
is neeessary that Jand within, adjoining or surrounded
by any such area should be acquired, the State
Government 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 :
94
Povided that, before publishing such notice, the
State Government may call upon the owner of, or
any other person who, in the opinion of the State
Government may be interested in such land to
show cause why it should not be acquired; and after
considering the cause, if any, shown by the owner or
any other person interested in the land, the State
Governm ent may pass such order as it deems fit.
(2) When a notice as aforesaid is published in the
Official Gazette, the land shall on and from the
date on which the notice i' so publishe.:l, vest abse>.
!utely in the State Government free from all encum·
brances.
Land ac- 20. Where any land in a slum area or clearan ce
quired by area has been "lCquired under this Act, the State
State Gt to- Government shall make the land available to the vernmen o . · · f be made Authority for the purpose of execuunz any work o.
available to improvement or carrying out any order of demolition
t~e Autho- or for the purpose of re-development.
rity.
Right to 21. Every person having any interest in any land
receiv~ c•m- acquired under this Act shall be entitled to receive
pensation. from the State Governm ent compensation as provided
hereafter in this Act.
. d 22. (1) The amount payable as compensation in
~car:i~:tio:· respect of any land acqu~red ~mder this Act shall
of compcn- be an amount equ'll to sixty times the net average
•ation. monthly income actually derived from such land
during the period of five consecutive years immediate
ly preceding the date of publication of the notice
rt>ferred to in Section 16.
(2) The net average monthly _income referred to
in sub-section (1) shall be calculated on the following
basis:-
(i) The Authority shall first determine the gross
rent actually derived by the owner of the
land acquired including any building on
such land during the period of five conse
cutive years referred to in sub-sect ion (1).
(ii) For such determination the Authority may
hold any local inquiry and obtain, if neces·
sary, certified copies of extracts froni the
property tax assessment books of · the muni
cipal or other local authority concerned
showing the rental value of such land.
(iii)' The net average monthly income referred
o in sub-section (1) shall be sixty per cent
95
of the average monthly gross rent which
shall be one-sixtieth of the gross rent during
the five consecutive years as determined
by the Authority under paragraph (i).
(iv) Forty per cent of the gross monthly rental
referred to above shall not be taken into
consideration in determining the net average
monthly income but shall be deducted in lieu
of the expenditure which the owner of the
land would normally incur for payment of
any property tax to the municipal or other
local authority, for collection charges, in
come-tax or bad debts as well as for works
of repair and maintenance of the buildings,
if any, on _ the land. ·
(v) Where the land or any portion thereof has
been unnccupied or the owner has not been
in receipt of any rent for the occupation of
the land 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 had
been leased out for rent during the said
pericd, and · for this purpose the rent actually
derived from the land during a period prior
or subsequent to the period during which
it remained vacant or from similar land in
the vicinity shall be taken into account.
(3) The Authority shall, after holding an inquiry
in the prescribed manner, determine in accordance
with the provisions of sub-section (2) the net average
monthly income actua:ly derived from the land and
publi ~ h a notice in the official Gazette specifying
the amount s ) determined and calling upon the owner
of the lanrl and every person interested therein to
intimate to it before a date specified in the notice
whether such owner or person agrees to the amount
10 determined and if he does not so agree, what
amount he claims to the net average monthly income
actually derived from the land.
(4) Any person who does not agree to the amount
of the net average monthly income determined by
the authority under sub-section ( 3) anrl claims a sum
in excess of that amount may prefer an appeal to
the Appellate Authority within thirty days from the
date specified in the notice referred to in that subse tion.
(5) On appeal, the . Appellate Authority shall,
after hearing the appellant, determined the net
average monthly income and his determination shall
be final and shall not be questioned in any court 9flaw,
96
(6) Where there is any buildi .ng on the land in
respect of which the n et average monthly income
has been determined no separate compensation shall
be paid in respect of such building:
Provided that where the owner of th~ land and the
owner of the building on such land are different, the
Authority shall apportion the amount of compensation
between the owner of the land and the owner of
the building in such proportion as it considers reaso
nable:
Pr0vided further that the compensation in respect
of the building shall not in any case exceed fifty per
cent of the total amount of compensation which has
been determined in accordance with the provisions of
this Section.
Apportion- 23. (1) Where severil persons claim to be interested
meat of in the amo:.1nt of compensation determined un::le r
c~mpensa- Section 22, the Authority shall determine th e persons
tion. who in its opinion are entitled to receive compensation
and the amount p1yable to each of them.
(2) If any dispute arises as to the apportionment
of compensation or any part the1·, of, or as 'to the
persons to whom t i:e same or any part ther eof is
payable , the Authorit y may refer the disput e to the
decision of the Appellat e Authority and the Appellate
Authority in deciding any such dispute shall follow,
as br'as may be, th ~ provisions of Part III of the
Land Acquisition Act, 1894.
Payment of 24.(1) After the amoui:t of compen~ation has be~n
compeI)sa- determined, the Authority shall on behalf of tne
tion. or St~te Government, tender payment of, and pay the
deposit <?f compe . sation to the person entitled thereto. the sa ; em
Cour. (2) If the persons entitled to compensation do
not consent to 1eceive it, or if there be any dispute
as to the title to receive compensation or as to
the apportionment of it, the Authority shall deposit
the amount of the compensation in the court of
the District Judge and that the court shaH deal
with the amount so deposited in the manner laid 1 ct own in Sections 32 and 33 , of the Land Acquisi
tion Act, 1894.
Powers_ of. 25. (1 \ The Authority mav, for the purposes of Authority md . . l 1• · · - . relation to etermrnmg tie amo~nt o compensatwn or apport1on-
determina-ment thereof, reqmre, by order, any person to
tion o~ com-fu1 nish such information in hh possession as may
pensation, be specified -in the order, etc.
l of 1894.
of 1894
97
(2) The Authority shall, wl1ilt: holding inquiry • ·'
under section 22 have all the powe!·s of civil court · · ·
while trying a suit under the Code of Civil Proce-
dure, 1908, in respect of the · following matters, v of 1908 · · ,
namely:-
(a) summoning and enforcing the attendance
of any person and examining him on oath;
( b) requiring the discovery and p1 oducti::m of
any document;
(c) reception of c::vidence on affidavits;
(d) 'requisitioning any public record from any
court or office;
\
(e) issuing commissions for examination of
witness.
CHAPTER VII
Appeals and the Appellate Authority
Appointment 26. (1) Save as otherwise provided, the State
/ t~P:~llateGovernment shall app oint an Appellate Authority .
u
0 1
Y· to hear all appeals arising out of the provisions of
this Act. The decision of Appellate Authority sha 11
be final.
(2) The person or persons appointed by the State
Government as Appellate Authprity shall have the
qqalification of a District and Sessions Judge. The
appointmer.t shall be on such term3 and conditions
as the State G:>Vernment may decide.
Duties ofthc 27. (l) The duties and powers of the Appell.:itc Appellate A h . 1 11 b r II Aathority. ut onty s 1a e as 10 ows :-
•
(a) to hear and decide appeal& against the
orders of the Authority;
(b) to d<'.:cide and hear appeals in respect ot
such other matters and exercise such other
powers as may be entrusted to and conferred
upon it by the State Government i11
accordance with the provision of this Act.
(2) All appeals to the Appellate Authority shal1
· be filed wichin a month from the date of the order
appealed against. The time required for taking out
copies of the order shall be excluded. The Appellate
Authority may however in its discretion condone
any delay in filing appeal for sufficient reasons .
, .... . +
98
Proce~ure of 28. (I) The Appellate Authority shall cond uct
working of •t d' · h 'b d f · · the Appel· 1 s procee ings m t e prescn e m anner <.. ter g1vmg
late Autho.the opposite part y or an y one interested in the
rity. order appealed ag ainst an opportunity of being
heard.
t2) The Appellate Aut hority may, at any time, c all
for any extract from any proceedi ngs before the
State Government or Authority and call for any
return or statement or report concerning or connec ted
with any matter pend ing before it.
(3) The Appellate Authority shall have all the
powers of a Civil Cou rt for the purposes of ta kin g
evidence on oath and of enforcing the attenda nce
of witnesses includi ng the pa1·ties interes ted or any
of them and compellin g the production of docu ments
and mat erial object ion if conside red necessary.
('4-) The Appell ate Authority in its discret ion may
make any orde rs regarding the cos ts to be paid
by any of the part ies to the prnceedings and the
Appellate Authority shall ·have full powers to d eter
mine by whom or o ut of what prop erty an d t o
what extent such costs are to be paid and the
Authority shall be bound to execute the orde rs of
the Appellate Auth ority in accordance with th e
directions, if any contained in the order.
Right to ap. . pear by re. 29. Every party to any proceedmg before th e
cogniscd Appellate Authorit y shall be entitled 10 appea r
Agent. either in person or by his recognised agent.
Protection of . .
action taken 30. (1) No smt, prosecution or other legal pro-
under this ceedings shall lie against any person for any
Act. thing which is in good faith d -:-ne or intended
to be done in pu rsuance of this Act or any or-
der made the r eunder.
(2) S ave _ as otherwise expres ~ ly provided in
this Act no suit or other legal proceeding shall
lie ag ainst the State Governm e nt for any da
mag e cau sed or likely to be caused by anyth'ing
in good fai th d one or intended to be done in
pursuance of this Act or any order made
thereunder.
CHAPTER VIII
l•.inance
°f:~~~men t 31. The receipt of Authority under this Act.
shall form a separ ate dev elopm ent fund and
all expend it ure under thi s Act, · ·-: any dev elop
ment scheme thereunder, sha .: be defraye d
99
out of such fund. No portion of the fund shall,
except with the sanction of Government, be
expended for purposes not provided by this
Powers to
bono w.
Grant, ad
vances and
loans.
Act .
32. Authority as defined in this Act shall be IX of 1914.
deem ed to be a local authority as defined in
the Local Authorities Loans Act , 1914 for the
purpose of borrowing money under that Act,
and the making and execution of a plan and
scheme shall be deemed to be work which
such local authority is legally authorised to
car ry out.
33. The Government may make such grants,
advances, and loans to the Authority as the
Government may deem necessary for the per
formance of functions of the Authority under
this Act issued all grants.
CHAPTER IX
Legal proceedings
b~~:;~t~/~b e 34. (1) When an area has been declared to be
provisions of a slum area or a slum clearance area under
the scheme. this Act, any person who commits or knowing-
ly permits a breach of any specified provision
of the re-development or improve ment scheme
or who neglects or fails to comply with any
such provisions shall be punisha ble under this
Section .
(2) In case of any such breach or default the Autho
rity shall send to any such pers on a notice calling on
him to discontinue the breach or cause it to be discon
tinued or to comply with such provis ion of the re-deve
lopment or improvement scheme within a reasonable
time to be spec~fied in the notice.
· (3) If after such time any such person under sub
secti on (1) continues to neglect or breach, such person
shall on conviction, be punishable by any or all of the
followi ng:-
{i) with fine which may extend to Rs.500 with
or without simple imprisonment not exceed ..
ing a period of two months ;
(ii ) if the breach, neglect or failure continues after
such conviction, with fine which may extend
to Rs.30 for every day during which the
breach, neglect or failure continues after such
conviction.
100
Power to 35. If a notice has been given under this Act to a
execkute person requiring him to execute a work in respect of
wor s on bl · bl ·d failure to any property, mova e or 1mmova e or to prov1 e or
oniply with do or refrain from doing anything within a time speci-
notice. fied in the notice and if such person fails to comply
. , . with such notice, then the Authority may cause such
work to be executed or such thing to be provided or
done and may recover all expenses incurred by it on
such account from the said persons as an arrear of land
revenue.
Right of 36. Wnen default is made by the owner of a building
occupier to or land in the execution of any work required under
execute . this Act to be executed by him, the occupier of such
;~:~It 10 f building or land may, with the prior approval of the
0 Authority aft.er serving notice to the owner cause such owner. works to be executed.
Recovery of 3 7. When the occupier of a building or land in com•
~os\ot work pliance with a notice issued under this Act, executed
oie~. e occu- a work for which the owner of such building or land
is responsible, either in pursuance of the contract of
tenancy or by law, he shall, in the absence of any
contract to the t:ontrary, be entitled to recover from
the owner by deduction from the rent paya ble by him
or otherwise the reasonable cost of such work.
Procedure . 38. (I) If, after receiving notice in writing or the
11;ron opposi- intention of the owner of any building or land to take
t10n to eY.e• · · h f · 1. · h cut' on b~· any actLOn m ·respect t ereo m co mp lane-: wit a
occ~pier. · notice issued oncier this Act, the occupier refuses to
allow such owner to take action, the owner, may apply
to a Magistrate of the First Class for taking necessary
action
(2) The M agistra ti! upon proof of such refusal may
make an order in writing requiring the occupier to
allow the owner to execute all such works, with
respect to such building or land, as ·may be necessary
for compliance with the notice, and may also, if he
thinks fit, order the occupier to pay to the owner the
costs relating to such application or order.
(3) If after the expiry of eight days from the date
of the Magistrate's order, the occupier continues to
refuse to allow the owner to execute such work, the
occupier shall be liable, upon conviction, to a fine
which may extend to Rs.30 for every day during
which he has so continued to refuse. ·
_ .( 4) .Every owner, during the continuance of such
refusal, shall be discharged from any liability on
account of such breach or default.
Penalty for
obstructing
con tractor or
removing
mark .
101
39. If any person-
(a) obstructs or as~aults any person with whom
the Autho rity has entered into a contract for
the performance or execution by such person
of his duty or of anything which he is em
power ed or required to do under this Act ;
or
(b) removes any mark set up for the purpose of
indicatin g any level or direction necessary to
the execution of works authorised under this
Act, shall be puni shable with fine which may
extend to Rs. 500 or with or without simple
imprisonment for a term which may extend
to two months
40. Every officer and servant of the Authority and
Officers every other officer employed by the State Government
uncJcv the for the purposes of this Act, shall lie deemed to be a
Act . to be public servant within the meanino- of Section 21 of the XV of 1860
pubhc ser- I d " p C d "' vants. n 1an enal o e.
··Authority 41. Unless otherwise expressly provided, no court
f?r prosecu- shall take cognizance of any offtnce punishable under
tion h" A h I · · f · r · t is ct, except on t e comp amt o , or upon imorma-
tion received from, the Authority or some person autho
"iised by the Authority by orders in this behalf.
Powe:- of
Authority to
institute
proceedings, 42. The Authority shall subject to rules framed
etc., and to nuder this Act hav e powers to-takc legal
advice.
(a) institute. defend or withdraw from legal pro
ceeding~ under this Act ;
(b) compound any offence under this Act before
the matter is referred to the court ;
(c) admit, compromise, or withdraw any claim
made under this Act ; and
(d) obtain such lega l advice and assistance as it
may, from time to time, think necessary or
expedient to obtain for any of the purposes,
referred to in the foregoing clauses of this
Section for securing the lawful exercise or
. discharge of any power or duty vested in or
imposed upon the Authority or any officer
or servant of the Authority.
102
Bar to suits 43. (I) No suit, prosecution or other proceeding
an~ pros;- shall lie against an Authority or any officer or servant
cut10ns in h t• • d h · d. · certa in cas~s t ereo or any person actmg un er t eir irect1on or
any Governmen t Officer or servant employed for the
p ., rposes of this Act, for anything which is in good
lai th done in pu1 suan ce of this Act, or any rules made
thereunder.
(2) No suit, prosecution or other proceedings shall
lie against any officer or servant of the Authority or
any Government O fficer or servant employed for the
purposes of this Act for anything done under this
Act-
(a) unl ess th~ previous sanction of the State
Government has been obtained ;
(b) and until the expiry of two months after no
tice in writing has been given to the person to
be sued, clearly stating the cause of action,
and the nature of relief sought, etc.
Puniohment 44. The Authc·rity or any officer or servant of the
or malici- Auth ority or of the Government who wilfully or negli
ofus aebusc gen tJy abuses any power conferred on him by or under 0
pow rs. h. A h 11 b · hi · h · · h. h t is ct, s a e pumsha e wit impnsonment w ic
Re~· : trati on
of docu
ments, planq
or maps in
con ncction
with a
Scheme.
may extend to two months or with ilne which may
extend to Rs. 500 or with both: -
Provided that no prosecution shall be in
stit u ted under this Section-
(a) unless the previous sanction of the
State Government has been obtained;
and
(b) until the expiry of two months notice
in writi ng has been given to the r-1erson
concerned clearly stating the cause of
actio n and the nature of relief sought,
etc.
45. (1) Nothi ng in the Indian Registration Act, XV of 1908
1908 shall be deemed to require the registration
of any document, plan or map prepared, made
or sanctioned in connection with a scheme which
has come into force.
(2) All such documents, plans and maps
relating to· the sanctioned scheme shall, for the
purposes of Sections 48 and 49 of the Indian Re
gistration Act, 1908 be deemed to have been and
to be registered in accordance with the provi
siens of that Act:
103
Provided that documents, plans and mapExcerpt shown. Open the full act in Lexace.