LexThe HIMACHAL PRADESH SLUM DWELLERS PROPERIETARY RIGHTS ACT 2022
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH SLUM DWELLERS
(PROPRIETARY RIGHTS) ACT, 2022
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER-II
PROPRIETARY RIGHTS
3. Proprietary Rights.
4. Redevelopment of slums.
5. Abatement of proceedings.
CHAPTER-III
PROCEDURE FOR SETTLEMENT OF PROPRIETARY
RIGHTS
6. Slum Area Redevelopment and Rehabilitation Committee.
7. Conduct of Business of Committee.
8. Appeal.
CHAPTER-IV
MISCELLANEOUS
9. Municipal Area Development Fund.
10. Protection of action taken in good faith.
11. Nodal Agency.
12. Bar of jurisdiction of Civil Court.
13. Cognizance of Offences.
14. Power to make rules.
15. Act to have overriding effect.
16. Power to remove difficulties.
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
THE HIMACHAL PRADESH SLUM DWELLERS
(PROPRIETARY RIGHTS) ACT, 2022
(Act No. 9 of 2022)1
(Received the assent of the Governor on the 8th April, 2022 and was
published both in Hindi and English in the Rajpatra, Himachal Pradesh (e -
Gazette), dated 19th April, 2022, pp. 355-371).
An Act to provide for sustainable growth of basic civic services in
slums in the urban areas of the State of Himachal Pradesh
by conferring proprietary rights of land to the slum dwellers
and ensuring their development through optimal utilization of
resources.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Seventy-third Year of the Republic of India as follows:—
CHAPTER-I
PRELIMINARY
1. Short title and commencement. —(1) This Act may be called the
Himachal Pradesh Slum Dwellers (Proprietary Rights) Act, 2022.
(2) This Act shall come into force on such date as the State Government
may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh appoint.
2. Definitions.—(1) In this Act, unless the context otherwise
requires—
(a) “Appellate Authority” means the authority to whom the appeal lies
under section 8;
(b) “applicant” means a slum dweller who has made application to the
Authorized Officer for conferment of proprietary rights of land under
section 3 of this Act;
(c) "Appointed day" means the 21st day of February, 1974;
(d) “Authorized Officer” means the Chairman of the Slum Area
Redevelopment and Rehabilitation Committee or any other officer
authorized by the Government, by order, to exercise such powers, as
may be prescribed;
1. Passed in Hindi and English by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (e-Gazette), dated 19th March, 2023, pp. 9037-
9038 and 9046.
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
(e) “basic civic services” means the services of drinking water supply,
sanitation, drainage, sewerage, solid waste disposal, street lighting
and urban environment improvement etc.;
(f) “Collector” means the Deputy Commissioner of a district and
includes the Additional De puty Commissioner or the Commissioner
of a Municipal Corporation or any officer specially appointed by the
Government to perform the functions of a Collector under this Act;
(g) “Committee” means the Slum Area Redevelopment and
Rehabilitation Committee constituted under section 6;
(h) “Director” means Director of Urban Development Department in the
Government;
(i) “Economically Weaker Section (EWS)” means the section of
beneficiaries whose household income is up to such limit as may be
notified by the Government;
(j) "family" means husband, wife, son, daughter and any other person
wholly dependent on the slum dweller;
(k) “Government" or "State Government” means the Government of
Himachal Pradesh;
(l) “Government land” means any land owned or acquired by the
Government or its undertakings and includes the land owned by an
Urban Local Body;
(m) “landless person” means a person who is a citizen of India, and does
not own either in his own name or in the name of any member of the
family any house or land, or land rights anywhere in India;
(n) “member” means a member of the Committee and includes its
Chairperson;
(o) “notification” means the notification published in the Rajpatra (e -
Gazette), Himachal Pradesh;
(p) “occupation” means an occupation of a land by a slum dweller for
residential purposes;
(q) “prescribed” means prescribed by rules made under this Act;
(r) “proprietary rights” means the rights to land assigned to slum
dwellers under section 3;
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
(s) “redevelopment” means improvement to the existing slum by
providing basic civic services and faci litating improvement of
housing conditions in accordance with the housing scheme framed
by the Government from time to time;
(t) “rehabilitation” means relocation of slum dwellers to other location
in accordance with the housing scheme or policy framed by the
Government;
(u) “section” means a section of this Act;
(v) “slum” or “slum area” means a compact settlement of atleast fifteen
households, with a collection of poorly built tenements or
temporarily built tenements, crowded together; and in dilapidated,
unhygienic conditions, faulty arrangements of designs, lack of
ventilation, light or sanitary facilities or any combination of these
factors, which are detrimental to safety, health or morale and which
are on the Government land in an urban area and notified as su ch by
the Government;
(w) “slum dweller” means a Bonafide Himachali landless person, who is
a citizen of India in occupation and residing continuously in the slum
area;
(x) "State" means State of Himachal Pradesh;
(y) “tenable habitations” means the habitations as decided by the
Committee, where existence of human population does not entail
undue risk to the safety or health or life of the residents or habitation
or such areas are not considered contrary to public interest or the
land is not required for any public or development purpose;
(z) “untenable habitations” means such areas where existence of human
population entails undue risk to the safety or health or life of the
inhabitants themselves or where habitation on such areas is
considered by the Committee not to be in public interest;
(za) “urban area” means the area comprised within the limits of an Urban
Local Body; and
(zb) “Urban Local Body” means Municipal Corporation, Municipal
Council or Nagar Panchayat constituted under the Himachal Pradesh
Municipal Corp oration Act, 1994 (12 of 1994) or the Himachal
Pradesh Municipal Act, 1994 (13 of 1994) as the case may be.
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
(2) Words and expressions used herein but not defined shall have the
same meaning as assigned to them under the Himachal Pradesh Municipal
Corporation Act, 1994 or the Himachal Pradesh Municipal Act, 1994.
CHAPTER-II
PROPRIETARY RIGHTS
3. Proprietary Rights. —(1) Notwithstanding anything
contained in any other law of the State for the time being in force,
and subject to the provisions of sub -section (2), every slum dweller,
in occupation of Government land in a slum area, on an application
in such form and manner as be prescribed, to the Authorized Officer,
shall be entitled for consideration for settlement of land occupied by
him or on such other land as may be notified by the Government and
a certificate of proprietary rights of land shall be issued in such form
and manner as may be prescribed:
Provided that the slum dweller who was, and continues to be
in occupation in the slum area on or before the Ap pointed day shall
only be considered for conferment of proprietary rights of land under
this Act:
Provided further that certificate of proprietary rights under
this Act shall not be granted to any Slum Dweller whose either or
both the parents are alive an d have been granted certificate of
proprietary rights under this Act :
Provided further that an Urban Local Body desirous of
transferring the properties in accordance with the provisions of this
Act, shall pass a resolution with simple majority to this effect:
Provided further that if the land occupied by a slum dweller
belongs to any statutory Board or Corporation or any Department of
the Government, consent of such Board or Corporation or the
Department as the case may be, shall be obtained before the
settlement of land under this Act:
Provided further that if the land occupied by a slum dweller is
a forest land, the Government or the concerned Urban Local Body
shall undertake due process of law for diversion of such forest land
under the Forest Conser vation Act, 1980 (69 of 1980) or any other
Law, as the case may be, for afore mentioned purpose.
(2) The proprietary rights on such land shall be settled in favour of a
slum dweller to the extent specified hereinafter, namely:—
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
(a) a slum dweller shall be entitl ed to a land not exceeding seventy five
square meters:
Provided that where the slum dweller is in occupation of land less
than seventy five square meters, the land in actual occupation of
such slum dwellers may be settled accordingly;
(b) where the slum dwel ler belongs to Economically Weaker Section
category, the proprietary rights of land shall be settled free of cost;
(c) where the slum dweller belongs to a category other than
Economically Weaker Section, the land shall be settled at such rates,
as the Government may by notification determine; and
(d) where a slum dweller has occupied land beyond the maximum
permissible limit provided under clause (a), irrespective of the
category he may belong to, the slum dweller shall voluntarily vacate
such excess land and the Authorized Officer shall take over the
possession of such excess land before the issue of the certificate of
proprietary rights of land.
(3) The proprietary rights of the land so settled under sub -section (1),
shall be inheritable to the spouse and children only but not transferable by
lease, sale, gift, mortgage, will or in any other manner whatsoever from the
date of issue of certificate of proprietary rights of land:
Provided that if a certificate of proprietary rights is granted under this Act
in favour of a person, who dies without spouse and children, then in such
circumstances, land along with structure thereupon allotted under this Act
shall vest with the State Government free from all encumbrances.
(4) The certificate of the proprietary rights of land s hall be issued jointly
in the name of both the husband and wife in case of married persons and in
the name of single head in the case of a household headed by a single
person:
Provided that a red entry shall be made in the record of rights to the effect
that the proprietary rights of land so conferred under this Act shall not be
transferable by lease, sale, gift, mortgage, will or in any other manner except
inheritance:
Provided further that no Registrar or the Sub -Registrar appointed under
the Indian Reg istration Act, 1908 (16 of 1908) shall register any document
which is in contravention of this section :
Provided further that an applicant who is a non -agriculturist and to whom
proprietary rights of land have been granted under this Act, irrespective of
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
such rights, shall continue to remain non- agriculturist for the purpose of the
Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974).
(5) If a slum dweller, with whom the proprietary rights of land has been
settled or right has accrued for allotme nt of any land under this Act,
transfers such land or the said land is not used for residential purposes
within five years of issuance of certificate of proprietary rights or indulges
in misrepresentation or concealment of material facts in the application or
commits fraud, the following consequences shall follow, namely:—
(a) the certificate of proprietary rights of land issued under sub -section
(1), shall automatically stand cancelled;
(b) such transfer shall be null and void;
(c) no rights shall accrue to the transferee in respect of such land;
(d) the Authorized Officer shall dispossess the person who is in actual
possession of such land;
(e) such slum dweller shall be debarred from getting any land in future
under this Act;
(f) such slum dweller shall be guilty of an offence under this Act; and
(g) any other consequences as may be prescribed.
(6) The slum dweller, with whom the proprietary rights of land have
been settled under this Act, shall not hold any certificate of proprietary
rights of land in any other urban area and if he holds any such certificate, he
shall surrender all such certificates to the Authorized Officer in such
manner, as may be prescribed.
(7) If any slum dweller is found to have obtained more than one
certificate of the proprietary rights of land by way of mi srepresentation or
concealment of material facts or commits fraud, the Authorized Officer
shall, after giving reasonable opportunity of being heard to such slum
dweller, cancel all the certificates of the proprietary rights of land and
dispossess him from such land. Such slum dweller shall be guilty of an
offence under this Act.
(8) The evidence to be given with application for the grant of certificate
of proprietary rights of land under sub section (1) shall include documents
as may be prescribed.
(9) The certificate of proprietary rights of land granted under sub-section
(1) shall be acceptable as evidence for address proof of residence.
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
(10) The slum dweller who commits an offence under sub -section (5) or
sub-section (7) shall be punishable with imprisonment of e ither description
for a term which may extend to one year or with fine up to Rupees fifty
thousand, or both.
4. Redevelopment of slums. —(1) Subject to the other provisions of
this Act, the proprietary rights of land conferred under sub -section (1) of
section 3 shall, as far as practicable, be provided on 'as-is where-is basis':
Provided that where the Government decides that the site has
untenable habitations, in such circumstances the slum dwellers shall be
rehabilitated elsewhere:
Provided further that,—
(a) where, it is decided that the slum dwellers shall be rehabilitated
elsewhere, the site of occupation shall be utilized for any other
purpose, as the Government may decide;
(b) before issuance of certificate of proprietary rights to a slum dweller,
the Authorised Officer shall ensure that he has been dispossessed of
existing slum dwelling of untenable habitation; and
(c) where, after providing land in the existing slum to the slum dweller,
any land remains surplus, the Government may utilize such land for
any purpose, as it may decide.
(2) In the event of redevelopment, the applicable planning and building
regulations shall be applied and wherever any relaxation is felt necessary for
implementation of a redevelopment plan, the same may be deemed to have
been granted under permissible deviation under the said regulations.
(3) During the period of redevelopment, transit space shall be provided
to the slum dwellers for such duration as may be necessary and as provided
under the housing scheme framed by the Government.
5. Abatement of proceedings.—All proceedings relating to eviction of
slum dwellers pending on the ground of unauthorised occupation before any
authority or Court under any law of the State shall abate on the issue of
certificate of proprietary rights of land under this Act.
CHAPTER-III
PROCEDURE FOR SETTLEMENT OF PROPRIETARY RIGHTS
6. Slum Area Redevelopment and Rehabilitation Committee. —(1)
For the purposes of this Act, the Government shall constitute a Committee
to be known as the Slum Area Redevelopment and Reh abilitation
Committee for each urban area with the name of such urban area, as it
deems necessary and such Committee shall have the authority to approve the
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
list of persons on whom the proprietary rights of land under this Act, shall
be conferred and shall exercise jurisdiction over the areas and exercise such
powers and functions as may be prescribed.
(2) The Collector may be ap pointed as the Chairman of the C ommittee
of the urban areas under his jurisdiction. The Committee shall also comprise
of such other members as may be notified by the Government.
(3) Without prejudice to the generality of powers and functions under
sub-section (1), the Committee shall,—
(a) undertake necessary surveys, spatial mapping, fix the physical
boundaries of the slums, identify eligibl e slum dwellers with
community participation, prepare and publish the list of slum
dwellers to whom the certificate of proprietary rights of land is to be
issued or has been issued, as the case may be, in such manner, as
may be prescribed;
(b) for the purpose s of facilitating the implementation of the provisions
of this Act and rules made thereunder, constitute such sub-committee
or sub-committees for each slum area, cluster of slums, comprising
of such number of members, as may be specified by the Committee;
and
(c) ensure that no new slum dwelling is set up in the urban areas under
their jurisdiction.
(4) For the purpose of efficient functioning of the Committee, the
Government may appoint or depute such officers and employees, as may be
notified, from time to time.
7. Conduct of business of Committee. —The procedure for the
conduct of business of the Committee shall be such, as may be prescribed.
8. Appeal.—(1) Any person aggrieved by any decision or order passed
under this Act, may prefer an appeal within a period of n inety days from the
date of passing of such order to the Director.
(2) Every appeal preferred under this section, shall be heard and
disposed of in such manner, as may be prescribed.
(3) Every order passed by the Appellate Authority under this section
shall be final.
(4) Notwithstanding anything contained in this Act, the Government
shall be competent to review any order passed by the Committee or the
Appellate Authority.
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
CHAPTER-IV
MISCELLANEOUS
9. Municipal area Development Fund. —(1) There shall be
constituted a f und called the Municipal Area Development Fund in each
Urban Local Body to which the moneys received from the slum dwellers
under this Act shall be credited and in addition to the same, the following
receipts may also be credited to the said fund, namely:—
(a) contributions from the State and Central Governments, if any;
(b) contributions from organisations, philanthropists, individuals and
Non-Government Organisations; and
(c) the Government may notify any other sources of funding including
the Corporate Social Responsibility (CSR) funding.
(2) The constitution and administration of the fund shall be in such
manner, as may be prescribed.
10. Protection of action taken in good faith. —No suit, prosecution or
other legal proceedings shall lie against the Government or any of ficer or
other employee of the Government or the Committee or any sub -committee
constituted under this Act, for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or order made
thereunder.
11. Nodal agency.—The Government or any officer authorized by it in
this behalf shall be the Nodal Agency for the implementation of the
provisions of this Act.
12. Bar of jurisdiction of Civil Court. —No civil court shall have
jurisdiction to entertain any suit or proceeding in respe ct of any matter
which the Government or the Committee constituted under this Act is
empowered by or under this Act to determine and no injunction shall be
granted by any court or other authority in respect of any action taken or to
be taken in pursuance of any power conferred by or under this Act.
13. Congnizance of offences. —An offence punishable under this Act
shall be tried in the court of Judicial Magistrate in accordance with the Code
of Criminal Procedure, 1973 (2 of 1974):
Provided that no court shall take cognizance of any offence punishable
under this Act, except upon a complaint in writing made by any officer of
the Government authorized by the Government:
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THE HIMACHAL PRADESH SLUM DWELLERS (PROPRIETARY RIGHTS) ACT, 2022
14. Power to make rules.—(1) The Government may, by notification in
the Rajpatra (e-Gazette) Himachal Pradesh, make rules for carrying out the
purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in session for a period
of not less than ten days which may comprised in one session or in two or
more successive sessions, and if, before the expiry of the session in which it
is so laid or the session immediately following, the Assembly makes any
modification in the rule or decides that the rule should not be ma de, the rule
shall, thereafter, have effect only in such modified form or be of no effect,
as the case may be, so however, that any such modification or amendment
shall be without prejudice to the validity of anything previously done under
that rule.
15. Act to have overriding effect. —The provisions of this Act shall
have effect notwithstanding anything to the contrary contained in any other
State law for time being in force.
16. Power to remove difficulties. —(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order published
in the Rajpatra (e -Gazette), Himachal Pradesh, make provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made under this section after the
expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it
is made be laid before the State Legislative Assembly.
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