The JAMMU AND KASHMIR PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012

PROPERTY RIGHTS TO SLUM
DWELLERS ACT, 2012
(Act No. XI of 2012)
THE JAMMU AND KASHMIR PROPERTY RIGHTS TO
SLUM DWELLERS ACT, 2012
(Act No. XI of 2012)
CONTENTS
SECTION.
CHAPTER I
Preliminary
1. Short title and commencement.
2. Definitions.
CHAPTER II
Property Rights
3. Property Rights in the form of dwelling space.
4. Insitu redevelopment and up-gradation of all tenable slums.
5. Conditions for allotment of a dwelling space.
6. Process of identification of eligible slum dwellers, grant of legal entitlement
and dispute resolution.
CHAPTER III
Slum Area Redevelopment Committees
7. Establishment of District Slum Area Redevelopment Committee.
8. Establishment of City Slum Redevelopment Committee.
9. Conduct of business and appointment of Staff.
10. Powers and Duties of the City Slum Redevelopment Committee and District
Slum Redevelopment Committee.
11. Scheme for redevelopment, up-gradation in and Resettlement of Slum.
184 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
SECTION.
CHAPTER IV
State Slum Redevelopment Authority
12. State Slum Redevelopment Authority.
13. Powers and Functions of the State Authority.
CHAPTER V
Acquisition of Land
14. Power of Government to acquire land.
15. Land acquired by Government to be made available to the City/District
Slum Redevelopment Committee.
16. Compensation for acquisition of land.
CHAPTER VI
Prevention of encroachments and construction of illegal structures, other
offences and penalties
17. Responsibility to prevent encroachments.
18. Penalty for contravention of the Act and rules.
19. Offences to be cognizable.
CHAPTER VII
Miscellaneous
20. Information, reports or returns.
21. Protection of action taken in good faith.
22. Power to remove difficulties.
23. Civil Courts not to have jurisdiction.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 185
24. Jurisdiction to try offences.
25. Power of Government to make rules.
26. Overriding effect of the Act over other laws and agreements.
–––––––
SECTION.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 187
THE JAMMU AND KASHMIR PROPERTY RIGHTS TO
SLUM DWELLERS ACT, 2012
(Act No. XI of 2012)
[Received the assent of the Governor on 25th April, 2012 and published
in Government Gazette dated 26th April, 2012].
An Act to provide for facilitation of inclusive growth and slum-free cities,
lay down general principles applicable to slum-free cities in all spheres of
Government and according property rights to slum dwellers and to provide for
matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
third Year of the Republic of India as follows:––
CHAPTER I
Preliminary
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Property Rights to Slum Dwellers Act, 2012.
(2) It shall come into force on such date as the Government may, by
notification in the *[Government Gazette], appoint and different dates may be
appointed for different areas.
2. Definitions.–– In this Act, unless the context otherwise requires,––
(1) “ Act” means  the Jammu and Kashmir Property Rights to Slum
Dwellers Act, 2012 ;
(2) “affordable cost” means a cost that is based on the needs and
financial capability of the slum dweller, as determined by the State
Slum Redevelopment Authority ;
(3) “authorized officer” means any officer as may be specifically
authorized  by the Government to exercise the powers of an
authorized officer in any specified area ;
* Now Official Gazette.
188 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
(4) “basic civic services” means services of drinking water supply,
drainage, sewerage, solid waste disposal and street lighting ;
(5) “building” includes a house, out-house, stable, shed, hut and other
enclosure or structure, whether of masonry bricks, wood, mud, metal
or any other material whatsoever, whether used as human dwelling or
otherwise; and also includes verandahs, fixed platforms, plinths, door-
steps, electric meters, walls including compound walls and fencing
and the like, but does not include plant or machinery comprised in a
building ;
(6) “carpet area” means the net usable floor area of a dwelling house,
excluding that covered by the walls and the common areas ;
(7) “Central Government land” means land owned by the Central
Government or its undertakings ;
(8) “Chairperson” means the Chairperson of the City Slum
Redevelopment Committee appointed under section 8 of the Act ;
(9) “City Slum Redevelopment Committee” and “District Slum
Redevelopment Committee” means City Slum Redevelopment
Committee and District Slum Redevelopment Committee appointed
under section 8 or 9 of the Act, as the case may be ;
(10) “Deputy Commissioner” means the Deputy Commissioner of a
district and includes an Additional Deputy Commissioner or any
officer specially appointed by the Government to perform the
functions of a Deputy Commissioner under the Act ;
(11) “development/redevelopment” with its grammatical variations and
cognate expressions, means the carrying out of any building,
engineering or other operations in, on, over or under land or the
making of any material change in any building or land and includes
layout and sub-division of any land ;
(12) “dwelling house” means an all weather single/multi-storied super
structure with adequate basic infrastructure including portable
water, and sanitation for a quality living ;
(13) “dwelling space” means a dwelling house or a piece of land for
construction of a dwelling house ;
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 189
(14) “Floor Space Index/Floor Area Ratio” means the area that can be
constructed on a piece of land divided by the total area of the land ;
(15) “Government” means the Government of Jammu and Kashmir ;
(16) “Government land” means any land owned or acquired by the
1[Union territory of Jammu and Kashmir] Government or its
undertakings or the Urban Local Body or Development Authorities
situated in a district or an urban area, as the case may be ;
(17) “in-situ slum re-development” means the process of redevelopment
of slum areas by providing dwelling space and other basic civic
and infrastructural services to the slum dwellers, on the existing
land on which the slum is based ;
(18) “land’ includes benefits arising out of land, and things attached to the
earth or permanently fastened to anything attached to the earth ;
(19) “landless person” means a person who does not own either in his
own name or in the name of any member of his family any dwelling
house or land in an urban area ;
(20) “Member” in relation to the District or City Slum Redevelopment
Committee, means the member of the City Slum Redevelopment
Committee appointed under sections 7 & 8 and includes the
Chairperson ;
(21) “person” includes an individual and his family.
Explanation:––‘family’ includes husband, wife, minor son, unmarried
daughter or any relation by blood wholly dependent on the
slum dweller ;
(22) “prescribed” means prescribed by rules made under the Act ;
(23) “private land” means land owned by a private person or entity ;
(24) “property” means the land, the building, all improvements and
structures thereon, and all easements, rights and appurtenances
belonging thereto, and includes every type of right and interest
in land which a person can have to the exclusion of other persons,
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
190 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
such as possession, use and enjoyment free from interference,
right of disposition and franchises ;
(25) “rule” means the rules made under the Act by the Government ;
(26) “scheme” means any arrangement or plan prepared and declared
under the Act for the protection, redevelopment, up-gradation,
relocation and resettlement of slum dwellers as provided under
section 11 ;
(27) “slum” or “slum area” means a compact settlement of at least 10 to
15  households with a collection of poorly built tenements, mostly
of temporary nature, crowded together usually with inadequate
sanitary and drinking water facilities in unhygienic conditions ;
(28) “slum dweller” means any person 1[x x x x] and is residing within
the limits of a slum area ;
(29) “slum resettlement” means the process of relocation and settlement
of slum dwellers from the existing slums to an alternative site with
dwelling space, basic civic and infrastructural services ;
(30) “State Authority” means the State Slum Redevelopment Authority
established under section 12 of the Act ;
(31) “tenable settlement” means all slums which do not fall within the
definition of Untenable Settlements ;
(32) “untenable settlements” are those settlements which are on
environmentally hazardous sites, ecologically sensitive sites,
prohibited areas around heritage sites, and on land marked for
public spaces, utilities and services and  infrastructure ;
(33) “up-gradation” means the process of improving the quality or
expanding of dwelling spaces occupied by slum dwellers with
provision of basic services and infrastructure services and includes
landscaping ;
(34) “Urban Area” means the areas notified as Municipal Corporation,
Municipal Council or Municipal Committee under the Jammu and
1. Words “who is a permanent resident of the State of Jammu and Kashmir” omitted by S.O.
1229(E) dated 31.03.2020.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 191
Kashmir Municipal Corporation Act, 2000, and Jammu and Kashmir
Municipal Act, 2000, and it also includes area under Cantonment
Board and the areas notified as “Local Area” under sub-section (1)
of section 3 of Jammu and Kashmir Development Act, 1970 ; and
(35) Words and expressions used but not defined in this Act shall have
the same meaning as assigned to them respectively under the
Jammu and Kashmir Municipal Corporation Act, 2000, Jammu and
Kashmir Municipal Act, 2000, Jammu and Kashmir Town Planning
Act, 1963 and the Jammu and Kashmir Development Act, 1970.
CHAPTER II
Property Rights
3. Property Rights in the form of dwelling space. ––(1) Notwithstanding
anything contained in any law for the time being in force, every landless person
1[x x x x x] and lives in a slum area in any city or urban area as on 01-01-2010
shall be entitled to a dwelling house at an affordable cost.
Explanation :–– For the purpose of this sub-section the dwelling house shall
be of a minimum twenty five square  meter carpet area, or where
land is being allotted, the allotment shall be of a minimum area
so as to allow a construction of a dwelling house of minimum
twenty-five square meter carpet area.
(2) Every slum dweller eligible as per sub-section (1) shall be given a
legal document of entitlement.
Explanation :–– For the purpose of this sub-section, the legal title to the
dwelling space shall be in the name of the male or female head
of the household or in the joint name of the male head of the
household and his wife :
Provided that where slum redevelopment is carried out or proposed to be
carried out with the slum dwellers acting as a collective, then the entitlement
may be given to the registered Co-operative/Association/ Society, as the case
may be of the slum dwellers, wherein the slum dwellers shall individually have
membership rights in such registered Cooperative/ Association/Society.
2[x x x x].
1. Words omitted by S.O. 1229(E) dated 31.03.2020.
2. Proviso omitted ibid.
192 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
(3) The Legal entitlement to the dwelling space shall be in the name of the
male or female head of the household or in the joint name of the male head of
the household and his wife.
(4) Until the site for the dwelling space has been identified or developed,
as the case may be, every eligible slum dweller shall be issued a document of
intent to allot and shall not, irrespective of his land tenure status, be evicted
from that slum area.
(5) Every slum dweller eligible under sub-section (3) shall be provided
with basic civic services until the site for the dwelling space has been developed.
(6) The dwelling space so provided under sub-section (1) shall not be
transferable by sub-lease, sale, gift, mortgage or any other manner whatsoever
except by inheritance, without the permission of the Government before  a
period of ten years from the date of allotment of the said dwelling space :
Provided that the dwelling space so allotted can be mortgaged for
the purpose of raising finance in the form of a housing loan from any
accredited financial institution for repayment of the cost of construction
of the dwelling house.
(7) If any slum dweller to whom the dwelling space has been provided,
transfers such dwelling space in contravention of the provisions of sub-section
(5), the following consequences shall ensue, namely : ––
(a) the allotment shall stand automatically cancelled on the date of
such transfer ;
(b) such transfer shall be null and void ;
(c) no ownership or occupancy rights shall accrue to the transferee of
such dwelling space ;
(d) the authorized officer on the directions of the City/District Slum
Area Redevelopment Committee shall dispossess the person who
is in actual possession of such dwelling space if or when such
transfer comes to its notice.
(8) Notwithstanding anything contained in 1[the Registration Act, 1908
(16 of 1908)], no officer empowered to register documents there under shall
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Registration
Act, 1977”.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 193
admit for registration any document which purports to contravene the
provisions of sub-section (5).
4. In-situ redevelopment and up-gradation of all tenable slums. ––(1)
The dwelling space under sub-section (1) of section 3 shall be provided in-situ
in all tenable slums and the Government may for this purpose modify the land
use and town planning provisions, wherever needed.
(2) The slum dwellers living in a slum, which is untenable, shall be
provided a dwelling space at an alternate site with basic civic and infrastructure
services.
(3) Where the slum is located on Central Government land or on privately
owned land for less than 20 years, and the Central Government or the private
owner, as the case may be, is unwilling to negotiate a solution, the eligible slum
dwellers shall be provided a dwelling space at an alternate site with basic civic
and infrastructure services.
(4) Where under sub-section (2) or sub-section (3), the slum is relocated
to a site more than 5 kilometers, and such relocation site is unconnected by
public transport to the original site, the City/District Area Slum Redevelopment
Committee shall ensure adequate public transport arrangements for the
convenience of the slum dwellers to reach their places of livelihood.
5. Conditions for allotment of a dwelling space. ––(1) The allotment of
the dwelling space under sub-section (1) of section 3 shall be subject to the
following conditions :––
(i) the slum dweller undertakes to pay the affordable cost for the
dwelling space ;
(ii) the slum dweller will occupy or construct the dwelling house as the
case may be within the period notified by the District Slum Area
Redevelopment Committee ;
(iii) the slum dweller undertakes to abide by the conditions of
allotment.
1[x x x x]
6. Process of identification of eligible slum dwellers, grant of legal
entitlement and dispute resolution. –– The Government shall prescribe and
1. Clause (iv) omitted by S.O. 1229(E) dated 31.03.2020.
194 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
notify necessary directions for the identification and periodic survey of slum
dwellers including biometric survey, manner of grant of legal entitlement to
dwelling space, grievance redressal or dispute resolution mechanism etc. for
the purpose of granting legal entitlement to the slum dwellers.
CHAPTER III
Slum Area Redevelopment Committees
7. Establishment of District Slum Area Redevelopment Committee.––
(1) The Government shall, by notification in the *[Government Gazette],
establish for the purpose of the Act a District Slum Area Redevelopment
Committee  for slum areas of each district and the Committee shall exercise
jurisdiction over the areas as specified therein.
(2) The District Slum Area Redevelopment Committee shall be headed by
the Deputy Commissioner and shall comprise of the following members :––
(a) Superintendent of Police of the district ;
(b) District Slum Development officer who shall also function as the
Chief Executive Officer of the Committee ;
(c) Town Planner of the district ;
(d) Director of Environment ;
(e) Divisional Forest Officer ;
(f) one member having expertise in the field of urban planning to be
nominated by the Government ;
(g) Executive Officers of the Municipalities ;
(h) two representatives of reputed NGO’s/Civil Society Organizations
from within the urban area, to be nominated by the Government ;
(i) representative of the Central Government Land owning agency ;
(j) any other member that the Government nominate.
* Now Official Gazette.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 195
8. Establishment of City Slum Redevelopment Committee. ––(1) The
Government shall, by notification in the *[Government Gazette], establish a
City Slum Redevelopment Committee for areas in each Municipal Corporation.
(2) The City Slum Redevelopment Committee shall be headed by the
Administrative Secretary, Housing and Urban Development Department and
shall comprise of the following members :––
(a) Municipal Commissioner of the Municipal Corporation who shall
also function as Chief Executive Officer of the Committee ;
(b) Deputy Commissioner of the district ;
(c) Superintendent of Police of the district ;
(d) District Slum Development Officer ;
(e) Town Planner of the district ;
(f) Director of Environment ;
(g) Divisional Forest Officer ;
(h) one member having expertise in the field of urban planning to be
nominated by the Government ;
(i) two representatives of reputed NGO’s/Civil Society Organizations
from within the urban area, to be nominated by the Government ;
(j) representative of the Central Government Land owning agency ;
(k) any other member that the Government may nominate.
9. Conduct of business and appointment of Staff. ––(1) The procedure
and conduct of business by the City Slum Redevelopment Committee and
District Slum Redevelopment Committee shall be as prescribed by the
Government.
(2) The terms and conditions for the appointment of officers and
employees to assist the City Slum Redevelopment Committee and District Slum
* Now Official Gazette.
196 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
Redevelopment Committee and the Special Committees, their salaries and
allowances etc. shall be as prescribed by the Government.
10. Powers and duties of the City Slum Redevelopment Committee and
District Slum Redevelopment Committee. ––(1) The City Slum Redevelopment
Committee and District Slum Redevelopment Committee shall have following
powers and duties, namely :––
(i) to survey and make a list of slum dwellers for grant of legal
entitlement to dwelling space ;
(ii) to review, and make an inventory of the existing position regarding
slum areas and lands in urban areas for provision of dwelling
space ;
(iii) to formulate schemes for slum redevelopment/up-gradation/
resettlement so as to cover every slum area within a specified period
of time ;
(iv) to implement the schemes for slum redevelopment/upgradation/
resettlement by designating agencies ;
(v) to constitute special committees headed by members of the
Committee, for implementing slum redevelopment/ up-gradation/
resettlement schemes ;
(vi) to appoint such number of experts for technical and legal work as
may be  necessary for the efficient performance of its functions ;
(vii) to put in place effective monitoring and evaluation systems relating
to various projects under the slum redevelopment/up-gradation/
resettlement schemes with clear responsibilities and budgets ;
(viii) to formulate schemes for rental housing for the urban poor and slum-
dwellers ineligible under the Act and ensure its implementation ;
(ix) to ensure prevention of slums in the future, review and monitor the
implementation of the provisions in the relevant Acts related to
prevention and removal of encroachment on Government land ;
(x) to partner with the private sector, and other non-government
organizations for implementation of the schemes ;
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 197
(xi) to assist the slum dwellers in the forming of Co-operatives or
Association or Society ;
(xii) to do all such other acts and things as may be necessary for
achieving the objective of redevelopment/up-gradation/
resettlement of slums.
11. Scheme for redevelopment, upgradation in and resettlement of slum.––
(1) The City/District Slum Redevelopment Committee shall prepare schemes as
per the rules prescribed, covering provision of dwelling space, basic civic and
infrastructure services for insitu redevelopment or upgradation or relocation
and resettlement of slums and for such other  matters as it deems fit and
necessary for the implementation of the provisions of the Act.
(2) For the purposes of planning and land development under the slum
redevelopment, up-gradation and resettlement schemes, the Government may,
on the recommendation of the City/District Slum Redevelopment Committee,
make regulations under this Act.
(3) The slum dwellers or their representatives shall be involved by the
City/District Slum Development Committee in the preparation of the schemes
and no such scheme shall be implemented without the consent of the majority
of the adult slum dwellers living in that slum.
CHAPTER IV
State Slum Redevelopment Authority
12. State Slum Redevelopment Authority. ––(1) The Government may, by
notification, establish for the purpose of the Act an Authority to be called the
State Slum Redevelopment Authority, to continuously monitor implementation
of the Act and to recommend corrective measures wherever necessary, to take
decisions that concern land use, town planning, master planning processes
etc. and to exercise powers and perform such other functions assigned to it
under the Act.
(2) The State Authority shall be a body corporate by the name aforesaid
having perpetual succession and a common seal, with power, subject to the
provisions of this Act, to acquire, hold and dispose of property and may by the
said name sue and be sued.
(3) The State Authority shall consist of the following members, namely :––
198 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
(a) Chief Minister
(b) Ministers for Housing and Urban
Development and Local Self-
Government
(c) Minister for Finance
(d) Minister for Revenue
(e) Minister for Environment
(f) Minister for Law,  Justice and PA
(g) Chief Secretary
(h) Administrative Secretary, Planning
and Development Deptt.
(i) Administrative Secretary, Finance
Deptt.
(j) Administrative Secretary, Housing
and Urban Development and Local
Self-Government who shall be ex
officio Chief Executive Officer of
the State Authority
(k) Two members representing civil
society/community based organiza-
tions/ NGO’s / Social Organization
etc. to be nominated by the
Chairperson
(l) Mayors of Jammu and Srinagar
Municipal Corporations
(m) President of Municipal Committee
and Municipal Council representing
the area in which the slum is situated
(n) Any other member(s) that the State
Government may nominate.
–– Chairperson
–– Vice-Chairman
–– Member
–– Member
–– Member
–– Member
–– Member
–– Member
–– Member
–– Member-Secretary
–– Member
–– Member
–– Member
–– Member :
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 199
Provided that a member of Legislative Assembly, whenever discussion is
pertaining to his area, may be invited as a special invitee.
(4) The procedure and conduct of business by the State Authority, its
budget and the term of office and conditions of service of the members shall
such be as may be prescribed.
(5) The terms and conditions for the appointment of officers and
employees to function as the secretariat of the State Authority, their salaries
and allowances etc. shall be as may be prescribed.
13. Powers and Functions of the State Authority.–– The Authority shall
perform the following functions, namely :––
(i) to have overriding powers to take decisions on matters relating to
land use, town planning, master planning process etc ;
(ii) to set up the administrative machinery for the effective
implementation   of the provisions of the Act ;
(iii) to monitor implementation of the Act ;
(iv) to decide the financing mechanism for slum redevelopment/up-
gradation/resettlement schemes, including determination of affordable cost to
be paid by the slum dwellers for the dwelling space ;
(v) to commission such surveys, studies and research as it considers
necessary for the discharge of its functions, especially in regard to provision
of housing to the urban poor, and to disseminate their findings ;
(vi) to make provisions for reservation of developed land/Floor Space
Index  for providing housing to the urban poor and recommend measures to
prevent future growth of slums ; and
(vii) any other functions as may be prescribed.
CHAPTER V
Acquisition of Land
14. Power of Government to acquire land. ––(1) Where on any
representation from the City/District Slum Redevelopment Committee, it appears
200 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
to the Government that, in order to enable the City/District Slum Redevelopment
Committee to execute any work of redevelopment, upgradation or resettlement
in relation to any slum area, it is necessary that land within, adjoining or
surrounded by any such area should be acquired, the Government may acquire
the land by publishing in the *[Government Gazette] a notice to the effect that
the Government has decided to acquire the land in pursuance of this section :
Provided that, before publishing such notice, the Government, or as the
case may be, the Collector may call upon by notice the owner of, or any other
person who, in its or his opinion, may be interested in, such land to show
cause in writing why the land should not be acquired ; and after considering
the cause, if any, shown by the owner or any other person interested in the
land, the Government may pass such order as it deems fit.
(2) The acquisition of land for any purpose mentioned in sub-section (1)
shall be deemed to be a public purpose.
(3) When a notice as aforesaid is published in the *[Government Gazette],
the land to which the said notice relates shall, on and from the date on which
the notice is so published, vest absolutely in the Government free from all
encumbrances.
15. Land acquired by Government to be made available to the City/
District Slum Redevelopment Committee.–– Where any land in a slum area or
any other area has been acquired under the Act, the Government shall make
the land available to the City/District Slum Redevelopment Committee for the
purpose of executing any scheme of redevelopment, upgradation or resettlement
of schemes.
16. Compensation for acquisition of land. ––(1) Where land is acquired
for the purpose of allotment to the slum dweller, every person having any
interest in any land acquired under the Act shall be entitled to receive
compensation from the Government.
(2) Compensation will be paid to the land owner which may be monetary,
or in the form of concessional building rights in lieu of value of land foregone,
partially or wholly transferable or a combination of both.
(3) The process of determination, apportionment and procedure of
payment of compensation as per the provisions of 1[the Right to Fair
* Now Official Gazette.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Land Acquisition
Act, Samvat 1990”.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 201
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act , 2013 (30 of 2013)].
CHAPTER VI
Prevention of encroachments and construction of illegal structures, other
offences and penalties
17. Responsibility to prevent encroachments. ––(1) It shall be the duty
of the Government to ensure that there is no encroachment or construction of
an illegal structure on Government land, and it shall, for this purpose, by order
authorize the officers by designation for each urban area, who shall report in
writing such encroachment or violation to the Competent Authority to evict
such encroachers or to demolish such illegal structure or to take such action
as necessary :
Provided that if such encroachment is not removed within a period of 20
years of the report from the Authorized Officer, every slum dweller, *[who is
permanent resident of the State], shall be entitled to rights over such land in
the same measure as provided under section 3 of this Act.
Explanation :––For the purpose of this section, Competent Authority means
the authority which exercises power of eviction and demolition
over land on which such encroachment or construction of
illegal structure has been reported.
(2) If the Authorized Officer fails to inform the Competent Authority
about the encroachment or illegal construction as the case may be or if the
Competent Authority knowingly omits to take action against such
encroachment or illegal construction therein, or a police officer responsible to
provide assistance for removal of such encroachment or demolition of such
illegal structure does not provide adequate protection and support, he shall be
punished with a simple imprisonment which may extend to three years or with
fine which may extend to fifty thousand rupees or with both.
(3) The Authorized Officer shall inform and file a monthly report of all
cases of encroachment or construction of illegal structure along with the
corrective measure taken to the City/District Slum Area Redevelopment
Committee.
* Words within brackets need to be deleted.
202 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
(4) Any person who encroaches upon the Government land or constructs
an illegal structure or abets the encroachment or construction of illegal structure
thereon shall be punished with imprisonment which shall not be less than
three years or fine a five which shall not be less than one lac rupees or with
both.
18. Penalty for contravention of the Act and rules.–– Whoever fails to
comply with or contravenes any of the other provisions of the Act or the rules,
thereunder except as provided under section 17, shall in respect of each such
failure or contravention be punishable with fine, which may extend to twenty
thousand rupees, and in case the failure or contravention continues, with
additional fine which may extend to one thousand rupees for every day during
which such failure or contravention continues after the conviction of the first
such failure or contravention.
19. Offences to be cognizable.–– Notwithstanding anything contained in
1[the Code of Criminal Procedure, 1973 (2 of 1974)], every offence under the Act
shall be cognizable.
CHAPTER VII
Miscellaneous
20. Information, reports or returns.–– The State Authority or  the City/
District Slum Area Redevelopment Committee may, in relation to its functions
under this Act, from time to time, require any person, officer, or other authority
to furnish to it, reports, returns, statistics, accounts and other information as
may be deemed necessary and such person, officer, or other authority, as the
case may be, shall be bound to do so.
21. Protection of action taken in good faith.–– No suit, prosecution or
other legal proceedings shall lie against the Government or any officer or other
employee of the Government or any Authority or Committee constituted under
the Act or executing any scheme made under the Act or any member, officer or
other employee of such authorities or committees in respect of anything which
is done or intended to be done in good faith in pursuance of the Act or the
rules or schemes made, or the orders or directions issued, there under.
22. Power to remove difficulties. ––(1) If any difficulty arises in giving
effect to the provisions of the Act, the Government may, by order published in
1. Substituted by S.O. 1229(E) dated 31.03.2020.
PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012 203
the *[Government Gazette], make such provisions, not inconsistent with the
provisions of the Act, as may appear to it to be necessary or expedient for the
removal of the difficulty :
Provided that no such order shall be made after the expiration of two
years from the commencement of the Act.
(2) Every order made under this Section shall, as soon as may be after it
is   made, be laid before each House of Legislature.
23. Civil Courts not to have jurisdiction.–– No Civil Court shall have
jurisdiction to entertain any suit or proceeding in respect of any matter which
the City/District Slum Area Redevelopment Committee or the State Slum Area
Redevelopment Authority is empowered by or under the 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
the Act.
24. Jurisdiction to try offences. ––(1) The offences under the Act shall
be triable by the Judicial Magistrate having the jurisdiction in the area.
(2) No court shall take cognizance of an offence punishable under the
Act or any rules or regulations made thereunder, except upon a complaint in
writing made by the City/District Slum Area Redevelopment Authority or by
any officer of the City/District Slum Area Redevelopment Authority duly
authorized by it for this purpose.
(3) Notwithstanding anything contained in 1[the Code of Criminal
Procedure, 1973 (2 of 1974)], it shall be Judicial Magistrate of the First Class to
pass a sentence of imprisonment or of fine or both under the Act.
25. Power of Government to make rules. ––(1) The Government may, by
notification in the *[Government Gazette], make rules to carry out all or any of
the purposes of the Act.
(2) Without prejudice to the generality of the foregoing provisions, such
rules may provide for all or any of the following matters, namely :––
(i) the process of identification of eligible slum dwellers, grant of legal
entitlement and dispute resolution under section 6 ;
* Now Official Gazette.
1. Substituted by S.O. 1229(E) dated 31.03.2020.
204 PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012
(ii) the composition, powers, and functions of the City/District Slum
Area Redevelopment Committee under section 8 or 9, the number
of members and their terms and conditions of appointment and
other matters connected therewith ;
(iii) the procedure to conduct business by City Slum Redevelopment
Committee and District Slum Redevelopment Committee under
section 10 ;
(iv) appointment of Special Committees and officers and employees of
the District Slum Area Redevelopment Committee, their salary and
allowances etc. under section 10 ;
(v) terms and conditions for engagement of experts for technical and
legal work to assist the District Slum Area Redevelopment Committee
and the remuneration payable to such experts under section 10 ;
(vi) preparation and implementation of schemes for slum redevelopment,
upgradation or resettlement through designated agencies under
section 11 ;
(vii) procedure and framework for fixing responsibility for the
maintenance and sustainability for schemes undertaken ;
(viii) the composition, powers and functions of the State Slum
Redevelopment Authority under sections 12 and 13, the number of
members and their terms and conditions of appointment and other
matters connected therewith ;
(ix) the procedure and conduct of business by the State Authority and
its budget under section 13 ;
(x) appointment of officers and employees of the State Authority, their
salary and allowances etc. under section 12 ;
(xi) any other matter which is required to be, or may be prescribed, or in
respect of which provision is to be, or may be, made by rules.
26. Overriding effect of the Act over other laws and agreements.–– The
provisions of this Act or rules made there under shall have effect overriding
notwithstanding anything inconsistent therewith contained in any other law
for the time being in force.
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