LexThe Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973.
Gujarat · state statute
Open in Lexace · Ask the AI about this act© I
~be ~ujarat 8o'brrnmrn1 6a,rtte
EXTRAORDINARY
tUBLISHED 11Y AUTHORITY
-- ------ -·--·----======~ Vol. XJV] TUES:J.\Y, I\IA'i.' 15, JB73/VAISAKH:\ 25, 1895
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Separate pa&ini: is yh·ea to this Part in Kder th1t H m11
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PART IV
Adi of the Gujarat Leglllatlre and Or•i .... m JND1dlsale4 ud
Regulation! mitde It} tft Go•eraer.
1·hc following Acl of the Gujarat Legislature hav'.og been assented to by the
President on the 8th May 1973 is hereby published ·for ge11eral information.
N. C. BUCH,
Secretary to the Govcrn1nellt of Gujarat,
Legal Depart~nt._
GUJARAT ACT NO. 11 OF 1973.
(First published, a[ter having received the assent of the president in the
"(J;i;arat Gov~rn111e11t Gazette" on the 15th May 1973.)
An /\ct 10 provide for the improvement and clearattce of '!>lum areas 1H the
Sl<ite of Guj'.lrat and for their develo;nnent; and for matters co1.nected v.•:1h
the purposes afore~aid.
It is hereby enacted in the Twenty-fourth Year of the Republic of India as
follows:-
CHAPTER I.
PRELIMINARY.
1. 1/) This Acl may be ~aned the Gujarat Slum
ance and Redevelopment) Act, 1973.
Ateas {lmprovemei:it. 'Cle;,r Shor~ title,
•nd
\2) It extends to the whole of the State of Gujarat.
'" IV-Bx~ (Lino)
- extont
oomnrnnc,,.
ment.
Definitiona.
133 GUJ; GOVT. G~, EX., MAY 15, 1973/VAISAKHA 25, 1895 [P..rnr IV
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, ap_point; and different dates may be appointed
for different areas.
2. In this Act, unless the context otherwise requires,-
,' c --
(a) "Board" means the Gujarat Slum Clearance Board established under
section 21;
(b) "building" includes a house, out-house, stable, latrine, shed, hut and·
other enclosure or structure whether of masonry, bricks, wood, mud, metal
or any other material -whatsoever, whether uSed aS a dwelling or otherwise; and
also includes verandas, fixed platforms, plinths, doorsteps, electric meters,
walls including compound walls and the fencing and the like but does not in
clude plant or .mac~ery comprised in a building;
{c) "Court" means-
(1) in the City of Ahmedabad, the Ahmcdabad City Civil Court; and
(ii) elsewhere, the ·court of Civil Judge (Senior Division) having jurisdi
ction and if there is no such Court, the District Court having jurisdiction;
(ti) "erecti_on" in relation to a building includes extension, alteration or re
erection;
(e) "Housing Board" means the Housing Board constituted under the Gujarat Guj. 28
Housing Board Act, 1961 or the Rural Housing Board constituted under the~~Bl.
Gujarat Rural Housing Board Act, 1972; or both, as the case may be; Guj.22
of
(f) "land" includes building and benefits to arise out of ]and and things atta-
1972
•
:hed to the earth or permanently fastened to anything attached to the earth;
(g) "occupier" includes-
(1) any person who for the time being is paying or is liable to pay to the"
owner the rent or any portion of the rent of the land or building in respect
of which such rent is paid or is oayable;
(ii) an owner in occupation of, or otherwise using. his land or building:
(ii{) a rent-free tenant of any land or building:
(iv) a licensee in occupation of any land or building: and
(v) any person who is liable to pay to the owner damage~ for the use and
occupation of any land or building;
(h) "owner" includes any person, who is receiving or is entitled to receive
the rent of any land or building, whether on his own account or on behalf of
himself and others or as an agent, trustee, executor, administrator. receiver or
guardian or who is entitled to r«:eive the rent, if the land or building were Jet
to a tenant:
Bom.
LVII .,
J9!1.7.
(1) "prescribed" means prescribed by rules made under this Act;
(J) "prescribed authority"' means such authority, or person as the State Gov
ernment may by notification in the Official Gazette appoint 8.s_ ·the pr~~
cribed authority for the purposes Of this Act;· ·
{k) "Rent Act" means the Bombay Rents, Hotel and ~ging HouSe Rates
Omtrol Act, 1947;
{i) "slum area" means any area declared to be a slum area _under sub-sec
tion (J) of section 3;
{m) "slum clearance,. means the clearance of any slum area by the demoli
tion and removal of buildings therefrom;
{n) "slum clearance area" means any slum area declared to be a slum clear
ance area under section 11;
(o) "work of improvement" in relation to any building in a slu1n area in-
cludes the execution of any one or more of the follo~ing works, namely:
(1) necessary repairs;
(ii) structural alterations;
(iii) provision of light points, water-taps aiid bathing places;
(iv) construction of drains, open or co:vered;
(v) provjsjon of latrines, including conversion of dry latrines into Dush
latrines:
(v1) provision of additional or jmproved fixtures or fittings;
(vii) opening up or paving of court yards;
(viii) removal of rubbish;
(ix) replotting or realignment of streets; and
(x) any other work including the demolition of any building or any part
thereof which in the opinion of the prescribed authority is necessary
for executing any of the works specified above.
CHAJYfER II.
DECLARATION OF SLUM ARBA.s.
3. (1) Where the State Govemment is satisfied- Del.\IA1'11f·l<'h
of •lum rueae ~
{a) that any area is a source of danger to the health, safety or morals of the -
inhabitants of that area or of its neighbourhood, by reason of the area being
Jow-lying, insanitary, squalid, .ov_er-crowded ·or otherwise; or
(b) that the buildings in any area, used or intended to be used for human
habitation are-
(/) in any respect, unfit for human habitation; or
.
QIW \l<>Vfn: ij,\!!;, 9~.·"""11<% 1..,3/l!AWJ<llA•.>ft.· 1$ ...
(i1) by ro.a~vn_ Qf; dilopi@tiQn, ov,cri;rowding. faulty; arrangement and de·
sign of sµch buildings, narrowness or faulty arrangement_ of streets, lack of
ventilS.tiOn, light or sWiitatlon facilities, or any combination of these factors,
detrimental tO·safety, health or morals,
it may, by notification in the Official Gazette, declare such area to be a slum
area, and such declaration i.hall also be published in that area in such other
manner as may be prescribed.
(2) .. In detennining whether a building is unfit- for human habitation, for the
purposes of this Act, regard shall be had to its condition in respect of the fotiow
ing matters, that is to say.~
(1) repair,
(i1) stability,
(iii) freedom from damp,
~iv) natural light and air,
(v) water-supply,
(v1) drainage and sanitary conveniences,
(vii) facilities for storage, preparation and cooking of food and for the dis-
posal of waste water.
and the building shall be deemed to be unfit as aforesiiid, if it is so defective in
one or more of the said matters that it is not reasonably suitable for occupation
iil that condition,
CHAPTER IIL
PREVENTION OF GROWTH OF SLUMS.
Re··i~tration 4. (J) The owner or occupier of every building situated in any slum area
?f ~ bnildinl! shall send to the prescribed authority a statement in prescribed form and within
ins.urn are~s. prescribed period and cpntaiJJing. such particulars as may be prescribed for the
purpose of enabling the State Government- tp prevent effectively the growth of
slums or to provide for the improvement and, clearance of, slum areas.
(2) Where on receipt of the staten1cnt under sub-section (1), the prescribed
authority. after making such inquiry. as it· deems. fit. is satisfied about the correct
ness of the statement, it sha11 register the building in a register maintained for
the purpose and containing· sucll pe.rticulars ae.·may be-prescribed and shall issue,
in the prescribed form, a re~stration certificate to the owner or occupier of the
building.
Reetriution 5. (I) The prescribed· authority may, by notification in the Official Gazette,
un erectj?" direct that no person shall' erect any building in a slum area except with the
of buil •nit"• . . · . • • f h 'bed h • in alum previous perm1ss1on 10 writing o t e prescn aut onty.
•re1111.
(2} Every notification issued under sub-seetion (1) shaJI · cease to have effect
on the expiration of two years from the date thereof except as respects. things
done or omitted to be done before such cesser.
/
GOJ. GOVT. GA:t., EX., MAY Ill, 197~/VA!SAKHA 2111 1895 136-
(3) Every person desiring to obtain permission referred to in sub-section (I)
shall make an application in writing to the orescribctl authority, in s•1ch form
and containing such in[ormation in respect of the erection of the building to
which the application relates as may be prescribed.
l4) On receipt of such application, the prescribed authority, after making
such enquiry as it considers necessary shall, by order in writing :-
(a) either grant the permission subject to such terms and conditions, if
any. as may be specified in .the order, or
(b) refuse to grant such permission :
Provided that before making an order refusing such pcnn1ss1on, the appli·
caat shall be given a reasonable opportunity to show cause why the permis
sion should not be refused.
15) Nothing contained in sub-section (J) shall apply to--
(a) any works of improvement required to be executed by a notice under
sub-section (J) of section 6 or in pursuance of an undertaking given under
sub-section (2) of Section 9; or
(b) the erection of any building in any area in respect of which a notifi
cation has been issued under section 11.
(6) Any person aggrieved by an order of the prescribed authority refusing to
grant the permission under sub-section (4), may within such time as may be
prescribed, prefer an appeal to the State Government and the State Government
shall, after hearing the appellant, decide such appeal and its decision shall be
final.
CHAPTER IV.
1MI'ROVE~1ENT OF SLUM AREAS.
6. (J) Where the prescribed authority is satisfied that at a reasonab1ep0 wr 0
expense-- prewrlbed
authority
(a) any slum area or any part thereof is capable of being improved so as~:_~,: e~f
not to be a source of danger to the health, safety or morals of the inhabi· works of
I th . . improvement tents o at area, or to slum lll'eae.
(b) any building being unfit for human habitation in a slum area can be
rendered fit for human habitation,
it may serve upon the owner of the slum area or part thereof or of the
building, as the case may be, a notice requiring him within such time not
being less than sixty days, as may be specified in the notice, to execute the
works of improvement specified therein :
13! GOJ. GOVT. OAZ., EX., itfAY 15, 1973/VAtSAkHA 211, 1895 [PART i'\'
Provided that where he owner of the building is different from the owner
of the land on which t1'1e building stands and the works of improvement re
quired to be executed rel a le to provision of water-taps, bathing places, cons
truction of drains, open or covered, as the case may be, provision of ftush
latrines or removal of rubbish and such works are to be executed outside the
building, the notice shall be served upon the owner of the land.
(2) In addition to serving a notice under sub-section (/) on the owner con-
1.--erned, the prescribed authority may serve a copy of the notice on any other
person having an interest in the slum area or part thereof or the building or
the )and on which the building stands, whether as a lessee, mortgagee or other
wise.
{3) In determining for the purposes of this Act, whether at a reasonable
expense the slum area or part thereof can be improved or the building can be
rendered fit for human habitation, regard shall be had to the estimated cost of
the works of improvement of the slunt area or part thereof or of the works
necessary to render the building fit for human habitation and the value which
it is estimated that tbe slum area or part thereof or the building will have when
such works are completed.
Po~cr w 7. (1) Where a notice under sub-section (1) of section 6 is not complied
",eo~tf''lforkswith, within the time specified in the notice, the prescribed authority may after o 1mprove-
mflllt to 9!11m the expiry of such date itself execute the works required to be executed by the
arl'as and to otice !'('cover ex• n •
pelll!ell.
(2) All expenses incurred by the prescribed authority under this section, to
gether with interest, at such rate as the State Government may, by order. fix
front the date when a demand for the expenses is made until payment, may
be recovered by the prescribed authority from the owner of the slum area or
part thereof or of the building or of the laud on which the building stands, as ·1,
the case may be, as arrears of land revenue and all such expenses and interest
shall constitute a charge upon the slum area or part thereof or the building
or the land on which the building stands, as the case may be :
Provided that if the owner proves that he-
(a) is receiving the rent merely as agent or trustee for some other person;
and
(b) has not in bis bands on behalf of that other person sufficient money
to satisfy the whole demand of the prescribed authority;
his liability shall be limited to the total amount of the money which he has in
his hands as aforesaid.
/
PART IV] GUJ. GOVT. GAZ., EX.,l?.IAY 15, 1973/VAISAKIIA 25, 1895 138
I. (J) Where works of improvement have been executed in relation to any "Ei:penBeB· of
I d b 'Id' · I · f h . . f . ,,_maintenance an or u1 mg 1n a s um area m pursuance o t e provisions o sections 11 of worka
and 7, the expenses incurred ,by the prescribed authority, or by any local autho-improv~t
rity, in connection with the maintenance of such Works of improvement or the:~ve::blo
0
enjoyment of amenities and conveniences rendered "possible by such works, may!:':P::~ of
be recovered from the occupier or occupiers of the land or building as arrears the land or
of land revenue. buildWg.
(2) The amount of expenses referred to in sub·~ection (I) sl1al\ be deter
mined by order by the prescribed authority and in the case of expenses incurred
by lhe local authority, the pre.~cribed authority shall consult the local authority
before passing an order determining the amount of expenses incurred by the
local authority.
9. (1) Where the prescribed authority on a report from the .Board. the local Power or
authority concerned, the Housing Board or an officer authorised by the State ~~~~~~.,i
Government for this purpose or on ot11er information in its possession is satis- to orde{
fied that any building in a slum area is unfit for human habitation and is not ~fmol~~ld,ng
capable at a reasonable expense of being rendered so fit, it <;hall serve upon u116t for
the owner of the building and upon any other person having an interest in the :::::tiou.
building, whether as lessee. mortgagee or otherwise. a notice to sbow cause,
within such time as may be specified in the notice, as to why an ord..:r of .
demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub
section (I) appears in pursuance thereof before the prescribed authority and
gives an undertaking to that authority that such person shall. within such period
as may be specified by the authority. t"Xec11le such 'vorks of improvement in
relation to the building as will. in the opinion of that authority, render the
building fit for human habitation or that it shall not be used for human habita
tion until the prescribed authority on bein.Q satisfied that it has been rendered
fit for human habitation, cancels the undertaking-. the prescribed <ittthority shall
not make any order of demolition of the building.
(3) If no such undertaking as is mentioned in .<;uh-section (2) is given. or if,
in a case where any such undertaking has been given. any work of improve
ment to which the undertaking relates is not carried out within the specified
period or the building is at any time used in contravention of the terms of the
undertaking. the prescribed authority shall forthwith make an order of demoli
tion of the buildin~. requiring that the buildin!? shall be vacated 'vithin a period
to be specified in the order not being less than five davs from the date of
the order and that it shall be demolished within four weeks after the expiration
of that period:
Provided that, before any such order is made. the prescribed authority shall
as far as practicable secure accommodation in advance for housin!l the occupiers
~ fM.Y be disboused as a result of such demolition.
130 GUJ. GOVT. GAZ., l<:X., )lAY 16, 1973/VAISAKHA 25, 1895 [PART·IV
J>.l'Q()Odure to 10. Where an order of demolition of a building under section 9 has been be followed
whoredemoli-made, the owner of the building or any other person having an interest therein
11ion ,order shall demolish that building, within the period mentioned in sub-section (3) of ba11 boom mad!!. section 9; and if the building is not demolished within that time, the prescribed
authority shall demolish the building and subject to the provisions of section 49
sell the materials thereof.
CHAPTER V.
SLUM CLEARANCE AND RE-DEVFJ.Ol'MENT.
Power to 11. Where the State Government, on a report from the Board, the prescribed
deolar" 8J1V . . .
~luiu are& t(i authonty, the local authority concerned. the Hou.~1ng Board or an officer autho-
1.Je a 11lum rised by the State Government in this behalf is satisfied as respects any slum
~~~1_8°
00
area that the most satisfactory method of dealing with the conditions in the
area is the clearance of such area by the demolition of all the buildin~s in the
area it may, by notification, in the Official Gazette, declare the area to be a slum
clearance area, that is to say, an area to be cleared of all buildings in accordance
with the provisions of this Act. The notification shall be given wide publicity
in such manner as may be prescribed:
Provided that before issuing such notification the State Government shall call
upon the owners of the lands and buildings in such slum area to show cause
why such declaration should not be made:
Provided further that if the State Government considers it necessary to do so.
it may specify in such declaration any building in the slum area which is not
unfit for human habitation or dangerous or injurious to safety, health or morals
as a building to be excluded from the slum clearance area and the building so
excluded shall not be required to be demolished.
Obligation to 12. When a slum area has been declared to be a slum clearance area under
clear ,s!nmsection II, occupiers of buildings included in that area shall be required
·~~ demoli~h to vacate them within such period as may be specified in the declaration
building~. and the owners of such buildings in that area shall demolish the buildings
in that area before the expiration of such period after the period spe-ci
fied for vacating the buildings as may be prescribed.
Power to
olear mum
clearance
·-·
13. If any slum clearance area is not so cleared by the demolition of
the buildings therein before the expiration of the period mentioned in sec
tion 12, the prescribed authority shall enter and demolish the bnildin~s
therein and, subject to the provision of section 49, sell the materials thereof.
Ownor may 14. (!) Subject to the provisions of this Act and of any other Jaw for the
re-devolop. time being in force in relation to town-planning and to the erection of buildings,
where a notification under section I 1 has been issued, the owner of any
land in the slum clearance area to which the .notification applies may .re..(Jevclap
PART IV] GuJ. GOVT. GAZ., EX., MAY 15, 1973{VAISAKHA 25, 1895 !AO
the hµid in accordance with plans approved by the prescribed authority
~ subject to such restrictions and conditions (including a condition with resard
to the time within which the re.development shall be completed). if any •. as that
authority may think fit to impose:
Provided that an owner who is aggrieved by a restriction or condition so
.imPQ6ed on. the user of his land or by a subsequent refusal of the prescribed
authority to cancel or modify any such restriction or condition may, within
such time as may be prescribed, appeal to the State Government and the State
(Jpyernment shall make such order in the matter as it thinks propor and its
dQQisi«:>n shall be final.
1.2) No person shall commence or cause to be commenced any woik in
contravention of a t;ilan approved or a restriction or condition imposed under
sub-section (J).
1S. (J) Notwithstanding anything contained in sub-section (J) of section 14, Powm: of
the prescribed authority may, at any time, after the land has been cleared of ~~:ri:1
the buildings in accordance with the foregoing provisions' of this Chapter but to re.develop cle&ranl}tl before the work of re-development of that laud has been commenced by the area.
owner, by order, determine to re-develop at its own cost the land if that autho-
rity is satisfied that it is necessary in the public interest to do so.
12) Where laRd has been cleared of the buildings in accordance with the
foregoing provisions of this Chapter, the. prescribed authority, if it is satisfied
that the 1and has been, or is being re.developed by the owner thereof in con
travention of plans approved by the authority or any restrictions or conditions
imposed under sub-section (1) of section 14, or has not been re-developed
within the time if any, specified under such conditions, may, by order, detennine
to re-develop the land:
Provided that before passing an order under sub-section (J) or sub-section (2),
the owner shall be given a reasonable opportunity to show cause why the order
should not be passed.
16. Subject to the provisions of this Act, the State Government may, by Rul1111 to
rules, provide for or regulate the transfer of persons who immediately before the r:::;~~ ':
declaration of any slum area to be a slum clearance area, were occupying landspreviou.1:
or buildings in that area to lands or buildings in any other area or to lands CHW1paittto.
or buildings in such slum clearance area after its re-development and the condi-
tions of such transfer.
CHAPTER VI.
PROTECTION Ol' TENANTS JN SLU!lf AREAS FROM EVICTION.
17. (J) Notwithstanding anything contained in any other law for the time Prooeedingii
being in force, no. person shall, except with the previous permission in writing fo,reviction • o tcnantA l'Oti
of the prescribed authority,- tobetaken
( • • f th I th" A . ----~· without a) institute. a ter e commencement o ls ct any suit or pr~1ng permillflion of
for obtaining any decree or order for the eviction of a tenant from any build- tho ·tiro
,jng· or land ·in a slum area; or ~=ity.
rv~lWra.-M;"(Uno)
Beltoration
of polllleBllion
of premi98~
vaoated by
a tene,nt.
141 GUJ. GOVT. GAZ., EX., MAY 15, 1973fVAISAKHA 25, 1895 [PART IV
(b) where any decree or order is obtained in any suit or proceeding insti
tuted before such commencement for the eviction of a tenant from any build
ing or land in such area, execute such decree or order.
(2) Every person desiring to obtain the permission referred to in sub-section
(1) shall make an application in writing to the prescribed authority in such
form and containing such particulars as may be prescribed.
(3) On receipt of such application, the prescribed authority after giving an
opportunity to the parties of being heard and after making such summary en
quiry into the circumstances of the case as it thinks fit, shall by order in writ
ing, either grant or refuse to grant such permission.
(4) In granting or refusing lo grant permission under sub-section (3), the
prescribed authority shall take into account the following factors, namely :-
(a) whether alternative accommodation within the means of the tenant
would be available to him if ht. were evicted;
(b) whether the eviction is in the interest of improvement and clearance
of the slum area;
(c) such other factors, if any, as mRy be prescribed.
(5) Where the prescribed authority refuses to grant the perrn1ss1on, it shall
record a brief statement of the reasons for such refusal and furnish a copy there
of to the applicant.
(6) Any person aggrieved by an order of the prescribed au1hority refusing to
grant the permission under sub-section (3) may, within such time as may be
prescribed, prefer an appeal to the State Government and the State Government
may, after hearing the appellant, decide such appeal and its decision shall be
final.
18. (J) Where a tenant in occupation of any building in a slum area
vacates any building or is evicted therefrom on the ground that it is required
for the purpose of executing any work of improvement or for the purpose of
re-erection of the building, the tenant may, within such time as may be pres
cribed, file a declaration with the prescribed authority that he desires to be
replaced in occupation of the building after the completion of the work of im
provement or re-erection of the building, as the case may be.
(2) On receipt of such declaration, the prescribed authority shall, by order,
require the owner of the building to furnish to it, within sucll time as may be
prescribed, the plans of the work of improvement or re-erection of tlle building
and estimates of the cost thereof and such other particulars as may be necessary
and sha11, on the basis of such plans and estimates and particulars, furnished.
"'
GUJ. GOVT. GAZ., EX., MAY 15, 1973/VAISAKHA. 26, 1896 142
if any, and having regard to the provisions oJ. sub-section (3) of sectiop. 19
and after holding such enquiry as it may think fit. provisionally determine tho
rent that would be payable by the tenant if be were to be replaced in occupa.
tion of the building in pursuance of the declaration made by him under sub
section (J).
(3) The rent provisionally determined under sub-section {2) shall be com•
municated in the prescribed manner to the tenant and the owner.
(4) If the tenant, after the receipt of such communication, intiJnates in writ
ing to the prescribed authority within such time as may be prescribed that when
he 1s replaced in occupation of the building in pursuance of the declaration
made by him under sub-section (J), he would pay to the owner, until the rent
, , is finally determined under section 19, the rent provisionally determined under
sub.section (2), the prescribed authority shall direct the owner to replace tho
tenant in occupation of the building after completion of the work of improve·
ment or re-erection of the building, as the case may be, and the owner shall bo
bound to comply with such direction.
19. (J) Where any building in a slum area is let to a tenant after the execu- Rent or
tion of any work of improvement or after it has been re-erected the rent of~ulldingln .... um area.
the building shall be determinated in accordance with the provisions of this
section.
t2) Where any such building is let to a tenant other than a tenant who is
placed in possession of the building in pursuance of a direction issued under
sub-section (4) of section 18, the tenant shall be liable to pay to the owner,-
(a) if the Rent Act in force in the area in which the building is situated
and is applicable to that building, the rent deteroiine<.l in accordance with the
provisions of that Act or the agreed rent whichever is less;
(b) if the said Act is not in force in such area, such rent as may be
agreed to between the owner and the tenant.
(3) Where any such building is let to a tenant in pursuance of a direction.
issued under sub-section (4) of seclion IS, the tenant shall be liable to pay tu
the owner-
(a) if any work of improvement has been executed in relation to the
building, an annual rent of a sum equivalenl to the aggregate of the follow
ing amounts, namely :-
(I} the annual rent the tenant was paying immediately before he vacatcC
the building for the purpose of execution of the work of improvement;
(ii) six per cent of lhe cost of the work of improvement;
Chapter not
to apply to
ton11nt." of
Of>rtnin
buil<linga,
1-':.ltabll~h.
ment
nf ~!um
('Jee.ranee
P.n~..,1
1
"'
auJ. dOVT. GAZ., -EX., MAY 16, 1973/VAISAKRA 2·5, IS{l5 [PART IV
(b) 'ff the bililaID.g -has been re-erected, an annual rent of 'a sum equivtile.nt
to four per ceht of the aggregate cost of re-erection of the building and the
cost Or -ihe ·1anCl on whiCh the building is re-erected.
Explanation: -For the purpose of this clause the cost of the land 'shall :be
deemed to be a sum equivalent to the market value of the land on the date
-Of<<:ommeneelnent ·of the re-erection of the buildiQg.
(4) The rent payable by a tenant in respect of any building under sub
se-Oti<Jn-(3) shall, on an application made by lhe tenant or the owner, ·be deter
mined by the ,authority referred to in sub-section (5) :
Provided that an application for determination of such rent by the ,owner JOr
the tenant shall not, except for sufficient cause, be entertained by ·such autJro,.
rity after the expiry of ninety days from the date of •Completion of the work
of improvement or re-erection of the building, as the case may be.
(5) The authority to which the application referred to in sub-section (4) shall
be made, shall be,-
(a) Where the Rent Act is in force in the area in which the buil<ling is
situated, the authority to whom applications may be made for fixing of rentS
of buildings situate in that area; and for the purpose of determining the
rent under this section that authority may exercise all or any of the powers
it has under the said Act and the provisions of the said Act including provi~
sions relating to appeals shall apply accordingly~
(b) if the said Act is not in force in that area. such authority as .may be
specified by rules made in this behalf by the State Government and such
~1es may provide for the procedure to be followed by that authority in deter
mining the rent and also for appeals against the decision of such authority.
(6) Where the rent is finally determined under this section, then the amount·
of rent already paid by the tenant under section 18 shall be adjusted against the
rent so finaliy detennined and if the amount so paid falls short of, or is in excess
of, the rent finally determined, the tenant shall pay the deficiency or be entitled
to a refund, as the case may be.
20. Nothing in this Chapter shall apply to, or in relation to a tenant of, ·any
building situated in a slum area and belonging to the State Govennent Or 'Boa:td
or any local authority.
CHAPTER VII.
SLUM CLEARANCE BOARD.
21. (1) With effect oil and from such date as the State Government may by
notification in the Official Gazette, appoint in this behalf, there shall be establi
shed a Board to be called the Gujarat Slum Oearance Board.
'
,,
GtJJ. GOVT. G.d., El:., MAY 16, 19'13~A1SA:k.lIA ~. i89B
(2) the Board srulfl be _a bo<JY corporate ;ha\liJJ.g ·pefpe,tual snccossitm Jrtd a
common seal. and Shall, by the said name sue and -be sued, and shall be compe
tent to acquire and hold property, both movable and immovab~e and to
contract and do all things necessary for the purposes of this Act.
22. (1) The Board shall consist of a Chairman and sueh iiutttber Of ot:b\n' Conetitutio
omtfial l&'n6 <DoB-oftici.al ,members •not ·exoeeding 1filtecn _as. may ho ~bed,. of the~
(2) The JChah!inan and other .membei:s -of ·the ·Bozu:d shall ® 1~mtefi\ 1'1-l
th~ .. ~i&lC Government.
:c.n No act or proceeding of the Board shall.be invalid by·-reuson ·o~y -ot
the existence of any vacancy .among its members or any defec\ in tJ;le appoint·
ment of a member thereof.
~. The rtenns 1aod conditions ·of ·the service of the meDJ.bArs. of
shall 1be :such ·as -may be prescribed.
the lktar_d_(londit.iona of
110l-vioo of
meml-.eN.
24. (1) The Secretary to the Board shall be appointed by the
Gov_or.oment.
Sta\e 'A ppOintlllllnt
,,fofficeta
(2) The Secretary shall be the Chief Executive Officer of the Board
{.l) The 'Board may appoint such other officers and servants as it COD!;iders
rux;cssazy for the efficient performance of its functions.
and aernnta.
25. (1) The pay and other conditions of service of the officers and servants Conditiona
of.the B9ard ,shall be such as may be prescribed. • ofeervioeof
ofii<lelll 11.nd
serv1U1'8.
(~ Where any officer or sernnt of the Housing Board is aPPointed ·as an
o~ . .c>r __ servant of the B.oard, his conditions of service (inCIJJdiqa coo.ditions
as.«> ,p,ay •. provident fund, ~nsion and gratuity) shall be subject to .sqch rules
as may be made in this behalf by the State Government.
-~· No ~~on who ,h~ 4itectJy or indirectly l?Y himself, or bis pa$er pr~eraldia·
agwt, .al).y _share or interest in -any contract by or on behalf Of the Board shall qu,alifi~~·
• 0 ID.11111...,<n.
become or remam a member or officer or servant of the Board. Ofiloersand
27. tbo.flmclions of the Board.sbaU be-
(Q) ·to e:xercise the powers of the prescribed .authority in cases where the
State Government bas, by notification in the Official G~tte, _directed ·that the
powers of the prescribed authority shall be exercised by the Board;
(b) to advance . loans to W,c ownen; and occupllll.ts in slUtn areas 'for
carrying out improvements or repairs and the Bo~rd shall be _compttetit to
raise funds for this purpose;
eorvante,
... ,.. ... ,. theBoAA ,,.
i~: oUJ. Goff. GAZ •• Ex., MAY 115, 1973/VAlSAJ(ltA 26, 18_96
(c) to operate schemes relating to development of open lands into plots
in slum areas, with all the public amenities and utility services;
(d) such other functioDE as niay be prescribed
~· (1) The Board shall have its own fund.
(2) The Board may accept grants, subventions, donations and &ifts from the
Central or State Government or a local authority or any individual or body,
whether incorporated or not, for all or any of the purposes of this Act.
(3) All moneys received by or on behalf of the Board by -·virtue of this
Act, all proceeds of lands or any other kind of property sold by the Board,
aU reitts, betterment charge.! and all interest, profits and other moneys accruing
to ihe Board shall constitute the fund of the Board.
(4) Except as otherwise directed by the State Government, all moneys and
). receipts Specified .in the foregoing provisions and forming part of the fund of
the Board shall be deposited in the Reserve Bank of India or in any scheduled
bank or invested in such securities as may be approved by the State Govern-
A!-p116'ltiOP
ofthnfUPd.
SubventiDil8
andlnaoB to
tb11 :Boartl.
Powel' of
""""' .. liorrow.
ment
(5) Such account shall be operated upon by such officers as may be autho
rised by the Board.
Explanation :-For purposes of this section, the Reserve Bank of India shall
mean the Reserve Bank of India constituted under the Reserve Bank of India
Act, 1934, and a ~cheduled bank shall mean a bank included in the Second ~!3'!.
Schedule to the said Act.
.
2!J. All property, fund and all other assets vesting in the Board shall be held
~d app~ied by it, subject to the provisions and for the purposes of this Act
30. (1) The State Government may from time to time make subventions to
the Board for the purposes of this Act on such terms and conditions as 'the
State Government may determine.
(2) · 'I'.he State Government may from time to time advance loans to the
Board on such terms and conditions not inconsistent with the provisions of
this Act as the State Government may determine.
31. (1) The Board may from time to time, with the previous sanction ·'of
the State Government and subject to the provisions of this Act and to such
conditions aS may be prescribed in this behalf borrow any swn required for
the purposes of this Act. ·
(2) Rules made by the State Government for the purposes of this section
may empower the Board to borrow by the issue of debentures and to make
arrangements with bank.en.
GUJ. GOVT. GAZ., EX., MAY ll>, 19'13/VA.ISA.KHA 26, ltttl'li !46
(J) All debentures issued by the Board shall be in such form as the Board . . ' with the sanction of the State Government may from time to time determine.
,,;.
(.f) Every debenture shall be signed by the Chairman and one other member
of the Board. ·
(5} Loans borrowed and debentures issued under this section may be
guaranteed by the State Government as to the re~payment of principal and the
·p_ayment of interest at such rate as may be fixed by the State Government. .-,
3:2. (/) The Board shall cause to be maintained proper books of accounts.A.ooo~Ala,
nd h h '-"k h !es · ll . _,, ,.ild audit.,. a sue ot er uuv s as t e ru may require and sha prepare 10 acco1uance
with the rules an annual statement of accounts.
(2) The Board shall cause its accounts to be audited annua11y by such
person as the State Government may direct.
(1) As soon as the accounts of the Board have been audited, the Board
shall send a copy thereof together with a copy of the report of the auditor
thereon to the State Government, and shall cause the accounts to be published
and place copies thereof on sa1e at a reasonable '!)rice.
(4) The Boa1d shaJI comply with such directions as the State Government
m~y. after perusa1 of the report of the auditor, think fit to issue.
{5) The· annual audited statement of accounts together with the report of the
auditor received by the State Government under sub-section (3) shall be laid
before the State Legislature as soon as may be after they are published.
•
33. (/) Notwithstanding anything contained ill section 32, the State Govern· Oonourren~
ment may order that there shall be a concurrent audit of the accounts of the :::i:i:;al
Board by such person as it thinks fit. The State Government may also direct aooounta.
a special audit to be made by such person as it thinks fit of the accounts of
the Board relating to any particular transaction or a class or series of transac~
tio~s or transactions relating to a particular period.
(2) When an order is made under sub-section (/) the Board shall present or
cause to be presented for audit such accounis and sha11 furnish to tbe person
appointed under sub-section (1) such information as the said person may require
for the purpose of audit.
~- No person shall be disqualified for being chosen as. or fpr being. a Nodiaqua.lk
member of the Legislative Assembly of the State by reason only of the fact ~W: !_
that he is a Olairman or a member of the Board.
35. The Board may ·make regulations in regard to its meetings and
Conduct -of it!> business.
' . "
the Power of Boa.rd to
m•lro Jll81
tiOll\,
i47 GUJ. GOV'll. GAZ., EX., MAY lli, 1973/VAI,SAKHA 25, 1895 {PAl!.T IV
.Board to. 3'. It 8hall be the duty of the ~oard to comply with such diICCtions •s the
~~i; .,Stateo ·QoVeJIQD@nt may f(om time to time issue either aenerally or in ~gard
Govel'll.lllent. to any particu1ar matter. -
Boudto
exeroi86 the
poWfll'll of
.-.... ..........
Bervioeof
notioeaand
""'~
•
CHAPTER Vil!.
MISCELLANEOUS.
37.. The ,State Oovernm1Jnt may, by notification in the Of/lcidl ·Gatette,
direct that any power exercisable by the prescribed authority under this Act.
·mftY be exercised by the Board in such cases, and subject to such conditions,
ii any,- as -may be specified in the notification and on the issue of such notifica
tion, the prescribed authority shall not exercise the power in respect ot the
matters specified in such notification.
38. (1) Save as otherwise provided in this Act, and subject to-·the provisions
of this section and of any rules- made in this behalf. every notice issued or order
made ·Ub.dti: 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 Official Gazette;
(b) in the case of- any notice or order affecting a corporation. firm. or other
body or association of persons, be served in the manner provided for the
Setviee ot ~ummons in rule 2 of Order XXIX or rule 3 of Order XXX, as
fife -case may be, in the First Schedule to the Code of Civil Procedure, 1908; v •f
atld 1908.
(c) ·in the ca:se of any notice or order affecting an individual person be
ser\l'ed OU such penon~
'El) -by de1iV'eril1g or tendering it to that person; or
(i1) if it cannot be so de1ivered or tendered, by delivering or tendering
it to the head of the office in which such person is employed, or to any
aduft male ntember of the family of such person, or by affixing a copy
th'Br~ 'do the outer door or on some conspicuous part of the premises
it1 -wJtleh -ihat person ·is known to -have last resided or carried on business
or personally worked for gain~ or
(II{) failing service by any of -the means aforesaid, by post or by
attlxing ·a eopy of the said notice or order on some conspicuous part of
the land or building to ·which it· relates.
(2). Where the -notice ·ur order cannot 'be served without undue dolay, duo to
any dispute in the ownership of the land or building or due to the person
for whom the notice or order is intended being not readily traceable, the noti~ Ot'
,
PUrrlV] GUJ. GOVT. ?AZ., EX., MAY 15, -1973/VAISAKHA 215, 1895 148
order may be served by publishing it in the Official Gazette. and where possible.
by aftixing a copy thereof on some conspicuous part of the land or building to
which it relates.
Jt. It shall be lawful for any person authorised by the prescribed authority Powet ot
in this behalf to enter into or upon any land or building in any slum area or •Wf•
slum clearance area with or without assistants or workmen, in order to make
any enquiry, inspection, measurement, valuation or survey, or to execute any
work which is authorised by or under this Act or which it is necessary to
execute for any of the purposes or in pursuance of any of the provisions of
dl\s Act or of any rule or order made thereunder.
40. (1) The State Government may, by general or special order,
any person-
authorise Power of
lnlpeoti.on,
(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in
or on any land or building in a slum area or slum clearance area. and in
his discretion to cause the ground to be opened for the purpose of preventing
or removing any nuisance arising from the drain, latrine, urinal, cesspool,
pipe. sewer or channel, as the case may be;
(b) to examine works under construction in the slum area or to take
levels or to remove, test, examine, replace or read any meter.
(2) If on such inspection the opening of the ground is found to be necessary
for the prevention or removal of a nuisance, lhe expenses thereby incurred shall
be paid by the owner or occupier of the land or building, but if it is found
that no nuisance exists or that no nuisance would have arisen but for such
opening, the ground or portion of any building, drain, or other work opened.
damaged or removed, for the purpose o[ such inspection shall be filled in,
reinstated, or made good, as the case may be, by the State Government at its
own cost.
41. (/) Any person authorised by the State Government in this behalf may.l'owerto
• h . h . k I d . h" f fi en~'r land wit or wit out assistants or wor men, enter on any an \Vil 1n orty- ve adjoining
metres of any work authorised by or under this Act for the purpose .of deposit- land ~h~re
I h ·1 I h • 1 f b . . work1e111 ng t creon any soi , grave , stone or ot er mater1a s, or or o ta1n1ng access to propl!es.
such work or for any other purpose connected with the carrying on of the same.
(1) The person so authorised shall, before entering on any land under sub-
111ection (I), state the purpose thereof, and shall. if _so required by the occupier
or owner, fence off so much of the land as may be required for such purpose.
(3') The person so authorised shall, in exercising any power conferred by
this section. do as little damage as may be, and compensation_ shall be payable
by the State Government to the owner or occupier of such land or to both for
any such damage, whether permanent or temporary, in accordance with such
rules as may be made in this bebaH.
fV .. lhfA If (Lino)
•
Power to
.. .., mto
bnildin~
.149 · :GUJ. GOVT. GAZ.,:;EX., MAY-15, 1973J-VAl~AKHA 26, 1895
. ;~;1.-. ,Jt ,.'!hall 1>e law(ul -for .any person authorised by the 'prescribed · autholi't§l
i11 tlµs-'bei'.!a1.f to _ep.t~r iQ.tp: J:inY .pla,ce or to open .or cause, tQ be o~nedl•!a~
door, gate or other barrier- . :· f , .. ~1 ii··i:i.1.•
-,, ·'l. (a) if he considers th_e ·opening
,_, ,entry: apd
thereof necessary for the (>Ui'p6sei::of .$flch
r .. .! ~.::it "'
Entry to ho
made in the
day tilDl'.
(b) if 'the owner or occupier
such door,' gate or _bafrier ..
is absent, or bei_ng
43. No entry authorised by or unde~ this Act shall
the hours of Excerpt shown. Open the full act in Lexace.