LexThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH SLUM AREAS (IMPROVEMENT AND
CLEARANCE) ACT, 1979
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
Sections:
1.Short title, extent and commencement.
2.Definition.
CHAPTER II
SLUM AREAS
3. Declaration of Slum areas.
CHAPTER III
SLUM IMPROVEMENT
4. Power of competent authority to require improvement to
buildingsunfit for human habitation.
5. Enforcement of notice requiring execution of works of
improvement.
6. Expenses of maintenance of works of improvement, etc. to
be recoverable from the occupiers of buildings.
7. Restriction on building, etc. in slum areas.
8. Power of competent authority to order demolition of
building unfitfor human habitation.
9. Procedure to be followed where demolition order has been
made.
CHAPTER IV
SLUM CLEARANCE AND RE-DEVELOPMENT
10. Power to declare any slum area to be a clearance area.
11. Slum clearance order.
12. Power of competent authority to re-develop clearance area.
CHAPTER V
ACQUISITION QF LAND
13. Power of State Government to acquire land.
14. Land acquired by State Government to be made available
to thecompetent authority.
15. Right to receive amount.
16. Basis for determination of amount.
17. Apportionment of amount.
18. Payment of the amount or the deposit of the same in
theCourt.
19. Power of competent authority in relation to determination
of amount etc.
CHAPTER VI
PROTECTION OF TENANTS IN SLUM AREAS FROM
EVICTION
20. Proceedings for eviction of tenants not to be taken without
permissionof the competent authority.
21. Appeal against the order under sub-section (1) of section
20.
22. Restoration of possession of premises vacated by a tenant.
23. Rent of buildings in slum areas.
24. Chapter not to apply to eviction of tenants from certain
buildings.
CHAPTER VII
MISCELLANEOUS
25. Power of entry.
26. Power of inspection.
27. Power to enter land adjoining and where work is in
progress.
28. Breaking into buildings.
29. Entry to be made in the day time.
30. Owner's consent ordinarily to be obtained.
31. Power of eviction to be exercised only by the competent
authority.
32. Power to remove offensive or dangerous trades from slum
areas.
33. Appeals.
34. Service of notice, etc.
35. Penalties.
36. Order of demolition of buildings in certain cases.
37. Jurisdiction of Courts.
38. Previous sanction of the competent authority or officer
authorised byit for prosecution.
39. Power to delegate.
40. Protection of action taken in good faith.
41. Competent authority, etc. to be public servants.
42. Act to override other laws~
43. Power to make rules.
44. Repeal and savings.
Schedule.
THE HIMACHAL PRADESH SLUM AREA’S (IMPROVEMENT AND
CLEARANCE) ACT, 1979
(ACT No. 19 OF 1979) 1
(Received the assent of the President of India on 7-7-1979 and was
published in R.H.P. Extra. dt. 19-7-1979, p. 2031-2045).
An Act to provide for the improvement and clearance of the slum areas
and for the protection of tenants in such areas from eviction.
BE it enacted by the: Legislative Assembly of' Himachal Pradesh in
the Thirtieth Year of the Republic ofIndia as follows:-
CHAPTER I PRELIMINARY
1. Short title, extent andcommencements.-(1) This Act may be
cared the Himachal Pradesh Slum Areas (Improvement and Clearance) Act,
1979.
(2) It extends to the whole of the State of Himachal Pradesh.
(3)It shall come into force at once.
2. Definition.-In this Act, unless the context otherwise requires,
(a)"building" includes any structure or any part of a building as
sodefined but does not include plant or machinery comprised in
abuilding;
(b)"clearance area" means the area notified under section 10 of
theAct;
(c)"competent' authority" means such officer or authority as, the
StateGovernmentmay, by notification in the' Official Gazette,
appoint as the competent authority for the-purposes of this Act;
(d)"erection" in relation to a building includes- extension, alterationor
re-erection;
(e)"occupier" includes an owner in occupation of or otherwise
1. For statement of Objects and Reasons, see R.H.P. Extra, dt. 24-3-1979, P. 997
usinghis own land or building;
(f) "owner" includes any person who is receiving or is entitled to
receive the rent of any building or land whether on hi... account
or- on behalf of himself and others or agent or trustee or, who
would so receive the rent or be entitled to,received it if the
building or land were let to tenant;
(g) "prescribed" means prescribed by rules made under this Act;
(h)"slum area" means any area declared as such under section 3 of
thisAct;
(i) "slum clearance" means the clearance of any slum area by
thedemolition and removal of buildings therefrom;
(j) "State Government" means the Government of the State of
Himachal
Pradesh;
(k)"work of improvement" includes in relation to any buildings in a
slum area the execution of anyone or more of the following
works, namely:-
(i) necessary repairs;
(ii) structural alterations; .
(iii) provision of light points and water taps;
(iv) construction of drains, open or covered;
(v) provision of latrines;
(vi) provision of additional or improved fixtures or fittings;
(vii) opening up or paving of courtyards;
(viii) removal of rubbish; and
(ix) any other work including the demolition of any building or
any part thereof which in the opinion of the c9mpetent
authority is necessary for executing any- of the works
specified above.
CHAPTER II
SLUM AREAS
3. Declaration of slum areas.-(l) Where the competent authority upon
report from any of its officers or other information in its possession is satisfied
in respects any area that the buildings in that area-
(a)are in any respect unfit forhuman habitation; or
(b)are by reason of dilapidation, overcrowding, faulty arrangements
and design of such buildings, narrowness or faulty arrangement of
streets, lack of ventilation, light or sanitation facilities, or any
combination of these factors, are detrimental to safety, health or
morals,
it may, by notificationin the Official Gazette, declare such area to be a
slum area:
Provided that the competent authority shall not make such declaration
unless the persons likely to be affected thereby have been given a reasonable
opportunity of showing cause against the proposed declaration.
(2) In determining whether a building is unfit for human habitationforthepurposesof this Act, regard shall be had to its conditionin respect ofthe following matters, that is to say
(a)repairs;
(b)stability;
(c)freedom from dampness;
(d)naturallightand air;
(e)water supply;
(J)drainage. and sanitary conveniences;
(g)facilities for storage, preparation and cooking of food and for the
disposal of waste water;
and the building shall be deemed to be unfit as aforesaid if and only if it is so
far defective on one or more of the said matters that it is not reasonably
suitable for occupation in that condition.
CHAPTER III
SLUM IMPROVEMENT
4. Power of competent authority to require improvement to
buildings unfit forhuman habitation.-(l) Where the competent authority has
made a declaration under section 3 in respect of any area such authority may,
unless in its opinion any building in that area is not capable ata reasonable
expense of being rendered fit for human habitation serve upon the owner of
the building a notice requiring him within such time not being less than thirty
days as may be specified in the notice to execute the works of improvement
specified therein and stating that in the opinion of the authority those works
will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner, the
competent authority may serve a copy of the notice on any other person
having an interest in the building whether as lessee, mortgagee or otherwise.
(3) In determining, for the purposes of this Act, whether a building
can be rendered fit for human habitation at a reasonable expense, regard shall
be had to the estimated cost of the works necessary to render it so fit and the
valuewhich it is estimated that the building will have when the works are
completed. .
5. Enforcement of notice requiring execution of works of
improvement.-(1) If a notice under section 4 requiring the owner of
thebuilding to execute works of improvement is not complied with, thenafter
theexpiration of the time specified in the notice the competent authority may
itselfdo the works required to be done by the notice.
(2) All expenses incurred by the competent authority under this
section, together with interest, at such rate as the State Government may by
order fix, from the date when a demand for the expenses is made till payment,
may be recovered by the competent authority from the owner of the building
as arrears ofland revenue:
Provided that if the owner proves that he-
(a)is receiving the rent merely as agent or trustee for someother
person; and
(b)has not in his hands on behalf of that other person sufficient money
to satisfy the whole demand of the authority, his liability shall be
limited to total amount of the money which he has in his hand as
aforesaid.
(3) If the owner of the building is different from the person who owns
the land on which the building stand~ and the expenses incurred by the
competent authority under this section arc recoverable from both these
persons then, expenses shall be recovered from them in such proportion as
may be determined by the competent authority or byan officer empowered by
it in this behalf.
6. Expenses of maintenance of work of improvement, etc., to be
recoverable from the occupiers of buildings.-Where works of improvement,
have been executedin relation to any,building in a slum area in pursuance of
the provisions of sections 4and 5, the expensesincurred by the competent
authorityin connection with the maintenance of such works of improvement or
theenjoyment of amenities and conveniences rendered possible by ,such work
shall be :recoverable from the occupiers of the building as arrears of land
revenue.
7. Restriction on building etc. in slum areas.-(1) The competent
authoritymay, by notification in the Official Gazette, directthat no person shall
erect any building in a slum area except with the previouspermission in
writing ofthe competentauthority.
(2) Every notification issued under sub-section (1) shall 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.
(3) Every person desiring to obtain the permission referred to in sub-
section (1) shall make an application in writing to the competent authority in
such form and containing such information in respect of the erection of
thebuilding to which the application relates as may be prescribed.
(4) On receipt of such application, the competent authority, after
making such inquiry 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 permission, the
applicant shall be given a reasonable opportunity to show cause why the
permission should not be refused.
(5) Nothing contained in sub-section (1) shall apply to-
(a)any works of improvement required to be executed by a
noticeunder sub-section (1) of section 4 or in pursuance of an
undertaking given under sub-section (2) of section 8 ; or
(b)the erection of any building in any area in respect of which a
slumclearance order has been made under section 11.
8. Power of competent authority to order demolition of building
unfit for human habitation.-(l) Where a competent authority upon a report
from any of its officers or other information in its possession is satisfied that
any building within a slum area is unfit for human habitation and is not
capable at a reasonable expense of being rendered fit, it shall serve upon the
owner of the building, and upon any other person having an interest in the
building, whether as lessee, mortgagee or otherwise, a notice to show cause
within such time as may be specified in the notice-as to why an order of
demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under
subsection (1), appears in pursuance thereof before the competent authority
and gives an undertaking to the authority that such person shall within a
period specified by the authority execute such works of improvement in
relation to the building to the satisfaction of the authority so as to render the
building fit for human habitation, the authority shall not make any order of
demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given,
or if in a case where any such undertaking has been given any work of
improvement 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 competent authority shall forthwith make an
order of demolition of the building requiring that the building shall be vacated
within a period to be specified ill the order not being less than thirty days from
the date of the order, and that it shall be demolished within six weeks after the
expiration of that period:
Provided that the competent authority shall not demolish any building
until an alternative accommodation for the occupier or occupiers is arranged.
9. Procedure to be followed where demolition order has
beenmade.-(1) Where an order for demolition of a building under section 8
has been made, the owner of the building or any other person having an in-
terest therein shall demolish that building within the time specified in
thatbehalf by the order; and ifthe building is not demolished within that time
the competent authority shall enter and demolish the building and sell the
materials thereof.
(2) Any expenses incurred by the competent authority under sub-
section (1), if notsatisfied out of the proceeds of sale of materials of the
building shall be recoverable from the owner of the building or any other
person having an interest therein as arrears of land revenue.
CHAPTER IV
SLUM CLEARANCE AND RE-DEVELOPMENT
10. Power to declare any slumarea tobe a clearance area.-(1)
Where the competent authority upon a report from any of its officers or other
information in its possession is satisfied as respects any slum area that the
most satisfactory method of dealing with the conditions in the area is the
demolition of all the buildings in the area, the authority shall, by an order
notified in the Official Gazette, declare the area to be a clearance area, that is
to say, an area to be cleared ofall buildings in accordance with the provisions
of this Act:
Provided that the competent authority shall not make any such
declaration unless the persons likely to be affected thereby have been given
reasonable opportunity of showing cause against the proposed declaration:
Provided further that any building in the area which is not unfit for
human habitation and is not dangerous or injurious to health may be excluded
from the declaration if the authority considers it necessary.
(2) The competent authority shall forthwith transmit to the State
Government a copy of the declaration under this section together with a
statement of the number of persons who on a date specified in the statement
were occupying buildings comprised in the clearance area.
11. Slum clearance order.-(1) As soon as may be after the competent
authority has declared any area to be a clearance area, it shall make aslum
clearance order in relation to that area ordering the demolition of each of the
buildings specified therein and requiring each such buildings to be vacated
within such time as may be specified in the order and submit the order to the
State Government for confirmation:
Provided that the competent authority shall not make such orders un-
less the persons likely to be affected thereby have been given reasonable op-
portunity of showing cause against the proposed action.
(2) The State Government may either confirm the order in to or
subject to such variations as it considers necessary or reject the order.
(3) If the State Government confirms the order, the order shall
become operative from the date of such confirmation.
(4) When a slum clearance order has become operative, the owners of
buildings to which the order applies shall demolish the .buildings before the
expiration of six weeks from the date on which the buildings are required by
the order to be vacated or before the expiration of such longer period as in the
circumstances of the case the competent authority may deem reasonable.
(5) If the buildings are not demolished before the expiration of the
period mentioned in sub-section (4), the competent authority shall enter and
demolish the buildings and sell the materials thereof.
(6) Any expenses incurred by the competent authority in demolishing
a. building shall, if not satisfied out of the proceeds of sale of materials
thereof, be recoverable by the competent authority as arrears ofland revenue.
(7) Where a slum clearance order has become operative, no land in
the area to which the order applies shall be re-developed except in accordance
with plans approved by the competent authority and subject to such
restrictions and conditions, if any, as the competent authority may think fit to
impose:
Provided that an owner who is aggrieved by a restriction or condition
so imposed on the user of his land by a subsequent refusal of the competent
authority to cancel or modify any such restriction or condition may, within
such time and in such manner as may be prescribed, appeal to the State
Government and the State Government shall make such order in the matter as
it thinks proper and its decision shall be final.
(8) No person shall commence or cause to be commenced any work in
contraventionofa plan approved or a restriction or condition imposed under
sub-section (7).
12. Power of competent authority to re-develop clearance area.-
(1) Notwithstanding anything contained in sub-section (7) of section 11, the
competent authority may at any time after the land has been cleared of the
buildings in accordance with a slum clearance order but before the work of re-
development of that land has been commenced by the owner, by order,
determine to re-develop the land if thatauthority is satisfied that it is necessary
in the public interest to do so.
(2) Where land has been cleared of the buildings in accordance with a
slum clearance order, the competent authority, if it is satisfied that the land
has been, or is being, re-developed by the owner thereof in a contravention
ofplans approved by the authority or any restrictions or conditions imposed
under sub-section (7) of section 11 or has not been re-developed within the
time, if any, specified under, such conditions, may, by order, determine to
redevelop the land:
Provided that before passing such order, the owner shall be given a
reasonable opportunity to show cause why the order should not be passed.
CHAPTER V
ACQUISITION OF LAND
13. Power of State Government to acquire land.-(1) Where on
report from the competent authority it appears to the State Government that, in
order to enable the authority to execute any work of improvement in relation
to any. building in a slum area or to re-develop any clearance area, it is
necessary that the land 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:
Provided that, before; publishing, such notice, the StateGovernment
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 Government may
pass such order as it deems fit.
(2) When a notice as aforesaid is published in the Official Gazette,
theland shall on and from the date on which the notice is so published, vest
absolutely in the State Government free from all encumbrances.
14. Land acquired by State Government to be made available to
the competent authority.-Where any land in a slum area of clearance-area
has been acquired under this Act, the State Government shall make the land
available to the competent authority for the purpose of executing any work of
improvement or carrying out any order of demolition or for the purpose of the
re-development.
15. Right to receive amount.-Every person having any interest in
any land acquired under this Act shall be entitled to receive from the State
Government the amount as provided hereinafter in this Act.
16. Basis for determination ofamount.-(1) The amount payable in
respect of any land, acquired under this Act shall be an amount equal to sixty
times the net average monthly income actually derived from such land during
the period of five consecutive years immediately preceding the date of
publication of the notice referred to in section 13.
(2) The net average monthly income referred to in sub-section (1)
shall be calculated in the manner and in accordance with the principles set out
in the Schedule appended to this Act.
(3) The competent 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 actually derived from the land and
publish a notice in the Official Gazette specifying the amount so determined
and calling upon the owner of the land and every person interested therein to
intimate it, before a date specified in thenotice whether such owner or person
agrees to the amount so determined and if he does not so agree, what amount
he claims to be 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 competent authority under sub-section (3)
and claims a sum in excess of that amount may prefer an appeal to the State
Government within thirty days from the date specified in the notice referred to
in that sub-section.
(5) On appeal the State Government shall, after hearing the appellant,
determine the net average monthly income and its determination shall be final
and shall not be questioned in any court oflaw.
(6) Where there is any building on the land in respect of which the net
average monthly income has been determined, no separate amount shall be
paid in, respect of such building:
Provided that where the owner of the land and the owner of the
building on such land are different, the competent authority shall apportion
the amount between the owner of the land and the owner of the building in the
same proportion as the market price of the land bears to the market price of
the building on the date of acquisition:
Provided further that the amount in respect of the building shall not in
any case exceed fifty per cent of the total amount which has been determined
in accordance with the provisions of this section.
17. Apportionment of amount.-(l) Where several persons claim to
be interested in the amount determined under section 16, the competent
authority shall determine the persons who in its opinion are entitled to receive
amount and the amount payable to each of them.
(2) If any dispute arises as to the apportionment of amount or any part
thereof, or as to the persons to whom the same or any part thereof is payable,
competent authority may refer the dispute to the decision of the State
Government and the State Government in deciding any such dispute shall
follow, as far as may be, the provisions of Part-III of the Land Acquisition
Act, 1894 (1 of 1894).
18. Payment of the amount or the deposit of the same in the
court.-(1) After the amount has been determined the competent authority shall
on behalf of the State Government tender payment of and pay the amount to
the persons entitled thereto.
(2) If the persons entitled to the amount do not consent to receive it ,
or if there be any dispute as to the title to receive amount or as to the
apportionment of it, the competent authority shall deposit the amount in the
court of the District Judge and that court shall deal with the amount so
deposited in the manner laid down in sections 32 and 33 of the Land
Acquisition Act, 1894 (1 of 1894).
19. Powers of competent authority in relation to determination of
amount etc.-(1) The competent authority may for the purpose of determining
the amount or apportionment thereof, require, by order, any person to furnish
such information in his possession as may be specified in the order.
(2) The competent authority shall, while holding inquiry under section
16, have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908) in respect of the following matters,
namely:-
(a)summoning and enforcing the attendance of any person and
examining him on oath;
(b)requiring the discovery and production of any document;
(c)reception of evidence on affidavits;
(d)requisitioning any public record from any court or office;
(e)issuing commissions for examination of witnesses.
CHAPTER VI
PROTECTION OF TENANTS IN SLUM AREAS FROM
EVICTION
20. Proceedings for eviction of tenants not to be taken without
permission of the competent authority.-(1) Notwithstanding
anythingcontained in any other law for the time being in force, no person
shall, except with the previous permission in writing of the competent
authority,
(a)institute, after the commencement of the Act, any suit or pro-
ceeding for obtaining any decree or order for the eviction of a
tenant from any building or land in a slum area; or
(b)where any decree or order is obtained in any suit or proceeding
instituted before such commencement for the eviction of a tenant
from any building 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 competent authority in
such form and containing such particulars as may be prescribed.
(3) On receipt of such application, the competent authority, after
giving an opportunity to the parties of being heard and after making such
summary inquiry into the circumstances of the case as it thinks fit, shall, by
order in writing, either grant or refuse to grant such permission.
(4) In granting or refusing to grant the permission under sub-section
(3) the competent authority shall take into account the following factors,
namely:-
(a)whether alternative accommodation within the means of the
tenantwould be available to him if he were evicted;
(b)whether the eviction is in the interest of improvement and
clearanceof the slum areas;
(c)such other factors, if any, as may be prescribed.
(5) Where the competent authority refuses to grant the permission, it
shall record a brief statement of reasons for such refusal and furnish a copy
thereof to the applicant.
21. Appeal against the order under sub-section (1) of section20.-
Any person aggrieved by an order of the competent authority refusing to grant
the permission referred to in sub-section (1) of section 20 may, within such
time and manner as may be prescribed, prefer an appeal to the State
Government and the decision of the State Government on such appeal shall be
final.
22. Restoration of possession of premises vacated by a tenant.-(1)
Where a tenant in occupation of any building in a slum area vacates any
building or is evicted therefrom on the ground that it was 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 maybe
prescribed, file a declaration with the competent authority that he desires to be
replaced inoccupation of the building after the completion of the work of
improvement or re-erection of the building , as the case may be.
(2) On receipt of such declaration, the competent authority shall by
order require the owner of the building to furnish to it, within such time as
may be prescribed, the plans of work of improvement or re-erection of the
building and estimates the cost thereof and such other particulars as may be
necessary and shall, on the basis of such plans and estimates and particulars, if
any, furnished and having regard to the provisions of sub-section (3) of
section 23 and after holding such inquiry as it may think fit, provisionally
determine the rent that would be payable by the tenant if he were to be
replaced in occupation of the building in pursuance of the declaration made by
him under sub-section (1).
(3) The rent provisionally determined under sub-section (2) shall be
communicated in the prescribed manner to the tenant and the owner.
(4) If the tenant after the receipt of such communication intimates in
writing to the competent authority within such time as may be prescribed that
when he is replaced in occupation of the building in pursuance of the
declaration made by him under sub-section (1), he would pay to the owner
until the rent is finally determined under section 23 the rent provisionally
determined under sub-section (2), the competent authority shall direct the
owner to place the tenant in occupation of the building after the completion of
the work of improvement or re-erection of the building, as the case may be,
and the owner shall be bound to comply with such direction.
23. Rent of buildings in slumareas.-(1) Where any building in a
slum area is let to a tenant after the execution of any work of improvement or
after it has been re-erected, the rent of the building shall be determined in
accordance with the provisions of this section.
(2) 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 22 the tenant shall be liable to pay the owner,
(a)if there is a general law relating to the control of rentsin force in
the area in which the building is situated and applicable to that
building, the rent determined in accordance with the provisions of
that law;
(b)if there is no such law in force in such area, such rent as may be
agreed upon 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 section 22, the tenant shall,
notwithstandingany law relating to the control of rents in force in thearea, be
liable to pay to the owner-
(a)if any work of improvement has been executed in relation to the
building an annual rent of a sum equivalent to the aggregate of the
following amounts, namely:-
(i)the annual rent the tenant was paying immediately before hevacated
the building for improvement;
(ii)six per cent ofthe cost of the work of improvement; and
(iii)six per cent of a sum equivalent to the amount payable in respect
of any land which may have been acquired for the purpose of
effecting such improvement as if such land were acquired under
section 13 on the date of the commencement of the work of
improvement;
(b)if the building has been re-erected, an annual rent of a sum
equivalent to four per cent of the aggregate cost of reconstruction of the
building and the cost of the land on which the building is erected.
Explanation.-Forthe purpose of this clause, "the cost of the land" shall
be deemed to be a sum equivalent to the amount payable in respect of theland
if it were acquired under section 13 on the date of commencement ofthe
reconstruction of the building.
24. Chapter not to apply to eviction of tenants front certain
buildings.-Nothing in this chapter shall apply to or in relation to the execution
of any decree or order under any law for the eviction of a tenant from any
building in a slum area belonging to the State Government or any local
authority.
CHAPTER VII
MISCELLANEOUS
25. Power of entry.-IT Shall be lawful for any personauthorised by
the competent authority in this behalf to enter into or upon any building or
land in a slum area with or without assistanceofworkmen 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 purpose or in pursuance of any of the provisions of this Act or any
rule or order made thereunder.
26. Power of inspection.-(1) Thecompetent authority may, by general
or special order, authorise any person-
(a)to inspect any drain, latrine, urinal, cesspool, pipe, sewer or
channel in or on any building or land in a slum 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 slum area, to take levels or
to remove, test, examine or replace 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, the expenses necessary
thereby incurred shall be paid by the owner to the occupier of the land or
building, but if it is found that no nuisance exists or but for such opening
would have arisen, the ground or portion of any building, drain, or other work
opened, injured or removed for the purpose of such inspection shall be filled
in, reinstated or made good, as the case may be, by the competent authority.
27. Power to enter land adjoining and where work is in progress.-
(1) Any person authorised by the competent authority in this behalf may, with
or without assistants or workmen, enter on any land within fifty yards of any
work authorised by or under this Act for the purpose of depositing thereon any
soil, gravel, stone or other materials or for obtaining access to such work or
for any other purposes connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under
sub-section (1), state the purpose thereof, and shall, if so required by the
occupier, or owner, fence offso 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 amount shall be payable by
the competent authority to the owner or the occupier of such land or to both
for any such damage whether permanent or temporary.
28. Breaking into buildings.-It shall be lawful for any person
authorised by the competent authority in this behalf to make any entry into
any place, to open or cause to be opened any door, gate or other barrier-
(a)if he considers the opening thereof necessary for the purpose
ofsuch entry; and
(b)if the owner or occupier is absent, or being present refuses to
opensuch door, gate or barrier.
29. Entry to be made in the day time.-No entry authorised under
this Act shall be made except between the hours of sunrise and sunset.
30. Owner's consent ordinarily to be obtained.-Save as otherwise
provided in this Act, no building or land shall be entered without the consent
of the occupier, or if there is no occupier, of the owner thereof and no such
entry shall be made without giving the said occupier or owner, as the case
may be, not less than twentyfour hours' written notice of the intention to make
such entry:
Provided that no such notice shall be necessary if the place to be
inspected is a shed for cattle or latrine, urinal or a work under construction.
31. Power of eviction to be exercised only by the competent
authority.-Where the competent authority is satisfied either upon a
representation from the owner of a building or upon other information in its
possession that the occupants of the building have not vacated it in pursuance
of any notice, order or direction issued or given by the authority, the authority
shall, by order, direct the eviction of the occupants from the building in such
manner and within such time as may be specified in the order:
Provided that before making any order under this section the
competent authority shall give, a reasonable opportunity to the occupants of
the building to show cause why they should not be evicted therefrom:
Provided further that if the occupants are unable to find any
accommodation, the competent authority shall arrange for the accommodation
for the occupants before the eviction.
32. Power to remove offensive or dangerous trades from slum
areas.-The competent authority may, by order in writing, direct any person
carrying on any dangerous or offensive trade in a slum area to remove the
trade from that area within such time as may be specified in the order:
Provided that no order under this section shall be made unless the
person carrying on the trade has been afforded a reasonable opportunity of
showing cause as to why the order should not be made.
33. Appeals.-(1) Except as otherwise expressly provided in this Act,
any person aggrieved by any notice, order or direction issued or given by the
competent authority may appeal to the State Government within a period of
thirty days from the date of issue of such notice, order or direction.
(2) Every appeal under this Act shall be made by petition in writing
accompanied by a copy of the notice, order or direction appealed against.
(3) On the admission of an appeal, all proceedings to enforce the
notice, order or direction and all prosecutions for any contravention thereof
shall be held in abeyance pending the decision of the appeal, and if the
notice,order or direction is set aside on appeal, disobedience thereto shall not
be deemed to be an offence.
(4) No appeal shall be decided under .this section unless the appellant
has been heard of has had a reasonable opportunity of being heard in person
or through a legal practitioner.
(5) The decision of the State Government an appeal shall be final and
shall not be questioned in any court.
34. Service of notice etc.-(1) Every notice, order or direction
issuedunder this Act shall, saveas otherwise expressly provided in this Act, be
served,-
(a)by giving or tendering the notice, order or direction, or by sendingit
by past to the person for wham it is intended; or
(b)if such person cannot be found, by affixing thenotice, order or
direction an same conspicuous part of his last known place
ofabode or business, or by giving or tendering the notice, order or
direction to same adult male member or servant of his family or
by causing it to be affixedon someconspicuous part ofthe building
or land, if any, to which it relates.
(2) Where the,person an wham a notice, order or direction, is to be
served is a minor, service upon his guardian or upon any adult male member
of his family shall be deemed to be the service upon the minor.
(3) Every notice, order or direction which by or under this Act is to
beserved as a public noticeorder or direction which is not required to be
servedto any individual therein specified shall Save as otherwise expressly
provided, be deemed to be sufficiently served if a copy thereof is affixed in
such conspicuous part of the office of the competent authority or in such other
public place during such period,or is published in such local newspaper or in
such other manner, as the competent authority may direct.
35. Penalties.-(1) Whoever does any act in contravention of any
notice, order or direction issued or given under this Act shall be punishable
with imprisonment for a term, which may extend to three months, or with fine
which may extend to one thousand rupees, or with bath, and when the breach
is a continuing breach, with further fine which may extended twentyfive
rupees for every day after the first during which the breach continues.
(2) Whoever commences or causes to be commenced any work
incontravention of any restriction or condition imposed under sub-section (7)
of section 11 or any plan for the re-development of a clearance area shall be
punishable with imprisonment which may extend to three months, at with fine
which may extend to one thousand rupees, or with bath and when the breach
is acontinuing breach, with further fine which may extend to twenty-five
rupees for every day after the first during which the breach continues.
(3) Whoever obstructs the entry of any person authorised under this
Act to enter into or upon any building or land or molests such person after
such entry shall be punishable with fine which may extend to one thousand
rupees.
(4) If the person committing an offence under this Act is a company,
every person who at the time the offence was committed was in charge of, and
was responsible to, the company for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(5) Notwithstanding anything contained in sub-section (3), where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation.-Forthe purpose of this section-
(a)'company" means a body corporate and includes a firm or
otherassociation of individuals; and
(b)"director" in relation to a firm means a partner in the firm.
36. Order of dell1olition of buildings in certain cases.- Where the
erection of any building has been commenced, or is being carried out, or has
been completed, in contravention of any restriction or condition imposed
under sub-section (7) of section 11 or a plan for the re-development of any
clearance area or in contravention of any notice, order or direction issued or
given under this Act, the competent authority may, in addition to any other
remedy that may be resorted to under this Act or under any other law, make
an order directing that such erection shall be demolished by the owner thereof
within such time not exceeding two months as may be specified in the order,
and on the failure of the owner to comply with the order, the competent
authority may itself cause the erection to be demolished and the expenses of
such demolition shall be recoverable from the owner as arrears of land
revenue;
Provided that no such order shall be made unless the owner has been
given a reasonable opportunity of being heard.
37. Jurisdiction of courts.-No court inferior to that of a Judicial
Magistrate of the first class shall try an offence punishable under this Act.
38. Previous sanction of the competent authority or officer
authorised by it for prosecution.-No prosecution for any offence punishable
under this Act shall be instituted except with the previous sanction of the
competent authority or an officer authorised by the competent authority in this
behalf.
39. Power to delegate.- The competent authority may, by notification
in the Official Gazette, direct that any power exercisable by it under this Act
may also be exercised, in such cases and subject to such conditions, if any, as
may be specified in the notification, by such officer or the local authority as
may be mentioned therein.
40. Protection of action taken in good faith.-No suit, prosecution or
other legal proceedings shall lie against the competent authority or against any
person for anything which is in good faith done or intended to be done under
this Act or the rules made thereunder.
41. Competent authority etc. to be public servants. - The
competent authority and any person authorised by him under this Act shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
42. Act to overridExcerpt shown. Open the full act in Lexace.