The KARNATAKA SLUM AREAS DEVELOPMENT ACT, 1973

 
 THE KARNATAKA SLUM AREAS (DEVELOPMENT)   
ACT, 1973.  
ARRANGMENT OF SECTIONS  
Statement of Objects and Reasons  
Sections:  
CHAPTER I  
PRELIMINARY  
 1. Short  title, extent and commencement.   
 2. Definitions.  
CHAPTER II  
DECLARATION OF SLUM AREAS  
 3. Declaration of Slum Areas.  
CHAPTER III  
PREVENTION OF GROWTH OF SLUMS  
 4. Registration of  building in slum areas.   
 5. Restriction of building, etc., in slum areas.  
CHAPTER  III A  
PROHIBITION OF UN-AUTHORISED CONSTRUCTIONS  
 5A. Application.  
 5B. Prohibition of construction of building without previous permission.  
 5C. Demolition of buildings unlawfully commenced, carried on or completed.  
 5D. The Karnataka Municipal Corporation Act, 1978 and other laws not effected.  
CHAPTER IV  
IMPROVEMENT OF SLUM AREA  
 6. Power of prescribed authority to require execution of works of improvement in slum 
areas.  
 7. Power to execute works of improvement to slum areas and to recover expenses.  
 8. Expenses of maintenance of works of improvement, etc., to be recoverable from the 
occupiers of the land or building.  
 9. Power of prescribed authority to order demolition of building unfit for human habitation.         
 10. Procedure to be followed where demolition order has been made.  
CHAPTER V  
SLUM CLEARANCE AND RE-DEVELOPMENT  
 11. Power to declare any slum area to be slum clearance area.  
 12. Obligation to clear area and demolish buildings.  
 13. Power to clear slum clearance areas.  
 14. Owner may re-develop.  
 15. Power of prescribed authority to re-develop clearance area.  
 16. Rules to provide for transfer to previous occupants.  
CHAPTER VI  
ACQUISITION OF LAND  
 17. Power to acquire land.  
 18. Land acquired to vest in Government free from all encumbrances.  
 19. Right to receive amount.  
 20. Amount Payable.  
 21. Appeal against order fixing the amount.  
 22. Apportionment of amount.  
 23. Payment of amount.  
 24. Payment of interest.  
 25. Appeal to High Court.  
 26. Power of prescribed authority in relation to determination of amount.  
 26A. The Board to have power to acquire land by agreement.  
 27. Use of land acquired.  
 27A. Carrying out the development and allotment of sites etc.,   
 27B. Recovery of sums due to the Board.   
CHAPTER VII  
PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION  
 28. Proceedings for eviction of tenants not to be taken without permission of the prescribed 
authority.  
 29. Appeal against order refusing permission.  
 30. Restoration of possession of premises vacated by a tenant.  
 31. Rent of buildings in slum areas.  
 32. Chapter not to apply to tenants of certain buildings.  
CHAPTER VIII  
THE KARNATAKA SLUM CLEARANCE BOARD  
 33. Establishment of the Karnataka Slum Clearance Board.  
 34. Constitution of the Board.  
 35. Vacancy not to invalidate proceedings.  
 36. Conditions of service of Chairman and other members.  
 37. Appointment of officers and servants.  
 37A. Powers and duties of the Commissioner.   
 38. Conditions of service of officers and servants.  
 39. General disqualification of members, officers and servants.  
 40. Functions of the Board.  
 41. Finance, accounts and audit.  
 42. No disqualification in certain cases.  
 43. Power of Board to make regulations.  
 44. Board to comply with directions of Government.  
 45. Powers of the State Housing Board to cease.  
 46. Transfer of certain assets and liabilities of the State Housing Board to the Board.  
 47. Board to enforce certain contracts and agreements.  
 48. Payment of certain amount by the State Housing Board to the Board.  
CHAPTER IX  
MISCELLANEOUS  
 49. Board to exercise the powers of prescribed authority.  
 50. Service of notices and orders.  
 51. Powers of entry.  
 52. Power of inspection.  
 53. Power to enter land adjoining land where work  is in progress.   
 54. Power to enter into building.  
 55. Entry to be made in the day time.  
 56. Occupier’s consent ordinarily to be obtained.  
 57. Powers of eviction.  
 58. Power to remove dangerous or offensive trades from slum areas.  
 59. Appeal.  
 60. Order of demolition of buildings in certain cases.  
 61. Disposal of proceeds of sale of materials of demolished building and recovery of  
expenses.  
 62. Penalties.  
 63. Offences by companies.  
 64. Prosecution and trial of offences.  
 65. Composition of offences.  
 66. Bar of jurisdiction of civil courts.  
 67. Prescribed authority, etc, to be public servants.  
 68. Protection of action taken in good faith.  
 69. Delegation of powers of Government.  
 70. Act to override  other laws.   
 71. Power to make rules.  
 72. Application of the Act to certain pending cases of acquisition.  
 73. Laying of rules and notifications.   
* * * *  
STATEMENTS  OF OBJECTS AND REASONS  
I  
 Act 33 of 1974. -  The Mysore Slum Areas (Improvement and Clearance) Act, 1958 
(Mysore Act 8 of 1959) which was enacted for the improvement and clearance of slum areas 
in the State was struck  down by the High Court and the appeal preferred by the State 
Government against the decision is pending before the Supreme Court.  
 Though local bodies have been effecting improvements to slums and have also cleared a 
few of them, the progress made so far has been very meagre and it is found that without 
adequate powers it has not been possible effectively to check the increase in the growth of 
slums and also clear the slums which are unfit for human habitation.  A number of schemes 
for the  improvement and clearance of slums are to be quickly implemented with financial 
assistance given by the Government of India.  It has therefore become  necessary  to 
enact a law immediately  to provide for the improvement and clearance of slums in the 
State.  
 Hence this Bill.  
 (Published in the Karnataka Gazette Part IV - 2A (Extraordinary) No.  213 dated 
28-2-1973.)  
II  
 Amending Act 21 of 1978. -  The name of the State was changed from Mysore to 
Karnataka with effect from 1 -11-1973.  By the Karnataka Adaptation of Laws Order, 1973, 
the word "Mysore" occurring in various enactments, rules and notific ations, then in force was 
substituted wherever necessary by the word "Karnataka".  In the Acts specified in Schedule I 
introduced in the Legislature earlier to 1st November, 1973 but published thereafter the word 
"Mysore" continue to exist.  Therefore it i s proposed to make the necessary consequential 
amendments to the said Acts also.  
 Hence this Bill.  
 (Published in the Karnataka Gazette Part IV - 2A (Extraordinary)  No.1050 dated 14- 7-1978 
at page 5.)  
III  
 Amending Act 19 of 1981. - New slums are coming up in the cities and it is necessary to 
curb the tendency to put up new slums.  This object is sought to be achieved by prohibition 
of unauthorised construction of buildings, demolition of buildings unlawfully commenced and 
by taking action against the middlemen who encourage unlawful constructions.  
 It is also intended to ban trades, like trading in arrack or toddy or other intoxicants, pawn 
broking and money lending near the slums.  
 Hence this Bill.  
 (Published in the Karnataka Gaz ette Part IV -  2A (Extraordinary)  No.  94 dated 3- 2-1981 
at page 6.)  
IV   
 Amending Act 34 of 1984. -The problem of encroachments on lands belonging to 
Municipalities, Bangalore Development Authority, Improvement Boards and other Local 
Bodies has assumed serious proportions.  It is necessary to provide deterrent punishment 
for such encroachments.  
 2. Hence it is proposed to introduce a provision to make encroachment on lands belonging 
to the City Improvement , Trust Board, Mysore, Village Panchayats, Talu k Boards, Municipal 
Councils, Municipal Corporations, Improvement Boards and the Bangalore Development 
Authority an offence punishable with imprisonment for a term which may extend to three 
years and with fine which may extend to five thousand rupees.  Fur ther, it is also proposed 
that any person who had unauthorisedly occupied land belonging to any of the said bodies 
and who fails to vacate such land in pursuance of an order under Section  5(1) of the 
Karnataka Public Premises (Eviction of Unauthorised Occ upants) Act 1974, shall on 
conviction be punished with imprisonment for a term which may extend to three years and 
with fine which may extend to five thousand rupees, and with a further fine which may extend 
to Rs. 50 per acre of land or part thereof for every day on which  the occupation continues 
after the date of first conviction.  A person who intentionally aids or abets the commission of  
these offences shall also be liable to receive the same punishment.  It is proposed to 
introduce this provision in the following statutes:  
  (1) The City of Mysore Improvement Act, 1903.  
  (2) Karnataka Village Panchayats and Local Boards Act, 1959  
  (3) Karnataka Municipalities Act, 1964.  
  (4) Karnataka Municipal Corporations Act, 1976.  
  (5) Karnataka Improvement Boards Act, 1976  
  (6) Bangalore Development Authority Act, 1976.  
 3. It is also proposed to extend the application of Chapter III A of the Karnataka Slum Areas 
(Improvement and Clearance) Act, 1974 to the whole State and to make the Tahsildar of the 
Taluk the licensing authority, where there is already no licensing authority.  
 Hence this Bill.  
 (Published in the Karnataka Gazette (Extraordinary) Part IV - 2A No.  104 dated 6 -2-1984 
at page 8.)  
V  
` Amending Act 26 of 1986. - The State Government is experiencing a lot of difficulty  in 
getting the vacant lands in Urban Areas of the State for the implementation of Environmental  
Improvement of Urban Slums under the provisions of the Karnataka Slum Areas 
(Improvement and Clearance) Act, 1973 (Karnataka Act 33 of 1974).  One of the main 
reasons for this is the low rate of compensation fixed (i.e., 100 times of property tax) in the 
present provision of section 20  of  the Karnataka  Slum Areas (Improvement and 
Clearance) Act, 1973.  Hence, it is proposed t o amend section 20 of the said Act to enhance 
the rate of compensation from the present 100 times to 300 times the Property Tax.  
 Hence this Bill.  
 (Published in the Karnataka Gazette (Extraordinary)  Part IV - 2A No.  60 dated 29 -1-1986 
at page 3.)  
VI  
 Amending Act 7 of 1988. - The Government have power to acquire land under Section 17 
of Karnataka Slum Areas (Improvement and Clearance) Act, 1973 for the purpose of 
redeveloping the Slum Clearance area or for rehabilitation of the slum dwellers.  The 
Karnataka Slum Clearance Board has no powers to acquire land by agreement.  The Board  
may  expedite rehabilitation of slum dwellers if the land is acquired by agreement.  Hence it 
is proposed to introduce a new section 26A giving the Karnataka Slum  Clearanc e Board 
powers to acquire any land by agreement.   
  Hence the Bill.  
 (Published in the Karnataka Gazette (Extraordinary) Part IV - 2A  No.  75 dated 5- 2-1988  
at page 3.)  
VII  
 Amending Act 21 of 2002.- It is considered necessary to amend the Karnataka Slum Areas 
(Improvement and Clearance) Act, 1973 (Karnataka Act 33 of 1974),-  
 (a) to provide for transfer of lands belonging to the Government or a Local Authority to the 
Board free of cost for the purpos e of carrying out improvement, development, clearance or 
development of the land or erection of building thereon;  
 (b) to empower the Board to carryout development on the land transferred to or rested in the 
Board and to form layout;  
 (c) to empower the Board to lease, allot, sell or otherwise transfer the sites formed in the 
layout to the slum dwellers;  
 (d) to provide for recovery of sums due to the Board;  
 (e) to change the composition of the Board;  
 (f) to change the nomenclature of "Chief Executiv e Officer" as Commissioner and to specify 
his powers and duties.  
(obtained from LC Bill No. 1 of 2002 vide file No. DAPL 17 LGN 2001) 
VII  
 Amending Act 02 of 2014 .- The  main objective of the Board is to provide basic 
amenities to the sulm dwellers and t o take up developmental works in the slum areas and 
improve the standard of living of slum dwellers by providing basic facilities.  The 
nomenclature of the Karnataka Slum Clearance Board denotes demolition/wiping out of Slum 
Areas.  The objective is not to demolish or wipe out slums.  But, to take steps towards all 
round Development of Slum Areas.  The Ministry of Housing and Urban Poverty Alleviation 
and Tourism, Government of India have also suggested to change the nomenclature from 
"Slum Clearance Baord"  to "Slum Development Board".  Therefore it is considered 
necessary to amend the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 
(Karnataka Act 33 of 1974) accordingly. 
Hence, the Bill. 
[L.A. Bill No.16 of 2013, File No. Samvyashae 43 Shasana 2013] 
 [Entry 32 of List II of the Seventh Schedule to the Constitution of India.]
 
1[KARNATAKA]1  ACT NO.  33 of 1974  
(First published in the 1[Karnataka]1 Gazette Extraordinary on the Seventh   
day of October, 1974)  
THE 1[KARNATAKA]1 SLUM AREAS 2[DEVELOPMENT]2  ACT, 1973  
(Received the assent of the President on the First day of October, 1974)  
(As amended by Karnataka Acts 21 of 1978, 19 of 1981, 34 of 1984,   
26 of 1986, 7 of 1988, 21 of 2002 and 2 of 2014.)  
 An Act to provide for the 2[development]2 of slums in the State of 1[Karnataka]1.  
 WHEREAS the number of slums in certain areas in the State of 1[Karnataka]1 is increasing 
and is a source of danger to public health and sanitation of the said areas;  
2. Substituted by Act 2 of 2014 w.e.f. 02.01.2014 
 And whereas under the existing law it has not been possible effectively to check the 
increase, to eliminate congestion and to provi de for  basic needs such as streets, 
water-supply and drainage and to clear the slums which are unfit for human habitation;  
 And whereas to obviate this difficulty it is expedient to provide for the removal of un-hygienic 
and insanitary conditions prevail ing in the slums, for better accommodation and improved 
living conditions for slum dwellers, for the promotion of public health generally and for the 
acquisition of land for the purpose of improving, developing or redeveloping slum areas, 
clearance of slums and rehabilitation of slum dwellers;  
 And whereas the Constitution of India enjoins, as a Directive Principle of State Policy that 
the State should improve public health;  
 Be it enacted by the 1[Karnataka]1 State Legislature in the Twenty -Fourth Year o f the 
Republic of India as follows:-  
 1.  Adapted by the Karnataka Adaptations of Laws order 1973 w.e.f. 1.11.1923  
  
CHAPTER I  
PRELIMINARY  
 1. Short title, extent and commencement. - (1)  This Act may be called the 1[Karnataka]1  
Slum Areas 2[development]2 Act, 1973.  
 (2) It extends to the whole of the State of 1[Karnataka]1.  
 1.  Substituted by Act 21 of 1978 w.e.f. 1.11.1974  
 2.  Substituted by Act 2 of 2014 w.e.f. 02.01.2014  
 (3) It shall come into force on such 1[date]1 as the State Government may, by notification, 
appoint.  
 1.  Act came into force on  1.11.1974 by notificatin, Text of the notification is at the end of the Act.  
 2. Definitions.-  In this Act, unless the context otherwise requires,-  
 (a) “Board” means the 2[1[Karnataka Slum Development Board]2, established under section 
33;  
 1.  Substituted by Act 21 of 1978 w.e.f. 1.11.1974  
 2.  Substituted by Act 2 of 2014 w.e.f. 02.01.2014  
 (b) “building” includes a house, out-house, stable, latrine, shed, hut, wall and any other such 
structure, whether of masonry, bricks, wood, mud, metal or any other materials whatsoever, 
but does not include plant or machinery comprised in a building;  
 (c) "court” means the District Court having jurisdiction;  
 (d) “erection” in relation to a building includes extension, alteration or re-erection;  
 (e) “Government” means the State Government;  
 1(ee) "hut" means any building, which is constructed principally of wood, mud, leaves, grass 
or thatch and includes any temporary structure of whatever size or any small building of 
whatever material made;]1  
 1.  Inserted by Act 19 of 1981 w.e.f. 30.12.1980  
 (f)  “land” includes building and benefits to arise out of land and things attached to the earth 
or permanently fastened to anything attached to the earth;  
 1[(ff) "licensing authority" means the authority competent under any law for the time being in 
force to grant permission for the execution of work relating to construct ion or re-construction 
of any building]1  2[and where there is no such authority, such authority as the State 
Government may by notification specify and until, such notification is made, the Tahsildar of 
the Taluk concerned.]2  
 1.  Inserted by Act 19 of 1981 w.e.f. 30.12.1980  
 2.  Inserted by Act 34 of 1984 w.e.f. 26.6.1984  
 (g) “notification” means a notification published in the official Gazette;  
 (h) “occupier” includes,-  
  (i) an owner in occupation of, or otherwise using his land or building;  
  (ii) any person who for the time being is paying or is liable to pay to the owner the rent or 
any portion of the rent of the land or building in respect of which such rent is paid or is 
payable;   
  (iii) a rent-free tenant of any land or building;  
  (iv) a licensee in occupation of any land or building; and   
  (v) any person who is liable to pay to the owner damages for the use and occupation of any 
land or building;  
 (i) “owner” includes any person, who is receiving or is entitled to receive the rent of any land 
or building, whether on his own account or on behalf of himself and others or as an agent, 
trustee, executor, administrator, receiver or guardian or who would so receive the rent or be 
entitled to receive the rent, if the land or building were let to a tenant;  
 (j) “person interested” in relation to any land or building, includes any person claiming, or 
entitled to claim an interest in the compensation payable on account of the acquisition of that 
land or building under this Act:  
 (k) “prescribed” means prescribed by rules made by Government under this Act;  
 (l) “prescribed authority” means any authority or person authorised by the Government in 
this regard by  notificat ion;  
 (m) “slum area” means any area declared to be slum area under sub- section (1) of section 
3;  
 (n) “slum clearance area” means any slum area declared to be slum clearance area under 
sub-section (1) of section 11;  
 (o) “State Housing Board” means the 1[Karnataka]1 Housing Board established under the 
1[Karnataka]1 Housing Board Act, 1962 (1[Karnataka]1  Act 10 of 1963);  
 1.  Substituted by Act 21 of 1978 w.e.f. 1.11.1974  
 (p) “work of improvement” in relation to any building in a slum area include the execution of 
any one or more of the following works, namely:-  
  (i) necessary repair;   
  (ii) structural alteration;  
  (iii) provision of light points, water-taps and bathing places;  
  (iv) construction of drains, open or covered;  
  (v) provision of latrines, including conversion of dry latrines into water-borne latrines;  
  (vi) provision of additional or improved fixtures or fittings;  
  (vii) opening up or paving of court yards;   
  (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 prescribed authority is necessary for executing any of the works 
specified above.  
CHAPTER II  
DECLARATION OF SLUM AREAS  
 3. Declaration of slum areas.-  (1) Where the Government is satisfied, that,-  
  (a) any area is or is likely to be a source of danger to health, safety or convenience of the 
public of that area or of its neighborhood, by reason of the area being low -lying,  
insanitary, squalid, over-crowded or otherwise; or  
  (b) the buildings in any area, used or intended to be used for human habitation are,-  
  (i) in any respects, unfit for human habitation; or  
  (ii) by reason of dilapidation, over crowding, faulty arrangem ent and design of such 
buildings, narrowness or faulty arrangement of  streets, lack of ventilation, light or sanitation 
facilities, or any combination of these factors, detrimental to safety, health or morals, it may, 
by notification, declare such area to be a slum area.  
 (2) In determining whether a building is unfit for human habitation, for the purposes of this 
Act regard shall be had to its condition in respect of the following matters, that is to say,-  
  (i) repair,  
  (ii) stability,  
  (iii) freedom from damp,  
  (iv) natural light and air,  
  (v) water-supply,  
  (vi) drainage and sanitary conveniences,  
  (vii) 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 it is so defective in one or more 
of the said matters that it is not reasonably suitable for occupation.  
CHAPTER III  
PREVENTION OF GROWTH OF SLUMS  
 4. Registration of building in slum areas .-(1) (a) Within the period specified in clause (b), 
the owner or occupier of every building situated in any slum area shall send to the prescribed 
authority a statement in such form as may be prescribed.  
  (b) The statement under clause (a) shall be sent within such period as may be prescribed.  
 (2)  On receipt of the statement under sub- section (1) the prescribed authority shall, on 
being satisfied about the correctness of the statement, register the building in a register 
maintained for the purpose and containing such particulars as may be prescribed and shall 
issue in the prescribed form, a registration certificate to the owner or occupier of the building.  
 5. Restriction on building, etc., in slum areas. - (1)  The prescribed authority may, by 
notification direct that no person shal l erect any building in a slum area except with the 
previous permission in writing of such authority.  
 (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 t hings done or omitted to be 
done before such cesser.  
 (3) Every person desiring to obtain permission referred to in sub -section (1) shall make an 
application in writing to the prescribed authority, in such form and containing such information 
in respect o f the erection of the building to which the application relates as may be 
prescribed.  
 (4) On receipt of such application, the prescribed authority, after making such enquiry as it 
considers necessary shall, by order in writing,-  
  (a) either grant the p ermission 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 
an 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 notice under sub -section (1) of 
section 6 or in pursuance of an undertaking given under sub-section (2) of section 9; or  
  (b) the erection of any building in any area in respect of which a notification has been 
issued under sub-section (1) of section 11.  
1 [ CHAPTER III A  
PROHIBITION OF UN-AUTHORISED CONSTRUCTIONS  
 1[5A. Application.-This Chapter shall extend to the whole of the State of Karnataka]1.   
  1.  substituted by Act 34 of 1984 w.e.f. 26.6.1984  
 5B. Prohibition of construction of building without previous permission. -(1) (a)  After 
the coming into force of this chapter 1[x x x]1, no construction or reconstruction of a  building 
shall 1[x x x]1 be begun by any person unless and until permission for the execution of the 
work relating to such construction or reconstruction is granted to such person 1[x x x]1 by the 
licensing authority.  
  
1.  Omitted by Act 34 of 1984 w.e.f. 26.6.1984  
  (b) No person shall collect any rent or other charges, by whatever name called, from the 
occupant of any building constructed or reconstructed in contravention of clause (a).  
 (2) Any person who contravenes the provisions of sub -section (1) or who abets such 
contravention shall, on conviction, be punishable with imprisonment for a term which may 
extend to three years and with fine which may extend to five thousand rupees.  
 Provided that,-  
  (i) in the case of a first offence the term of imprisonment shall not be less than six months 
and the amount of fine shall not be less than five hundred rupees; and  
  (ii) in the case of a second or s ubsequent offence the term of imprisonment shall not be 
less than one year  and the amount of fine shall not be less than one thousand rupees.  
 5C.  Demolition of buildings unlawfully commenced, carried on or completed. - (1) If 
the Board is satisfied that the construction or reconstruction of any building has been 
commenced or is being carried on or has been completed without obtaining the permission of 
the licensing authority, under the relevant law, the Board may make a provisional order 
requiring the owner or the builder or the occupier of the building to demolish the work done 
and may also direct that the owner or the builder shall refrain from proceeding with the work 
of construction or reconstruction of the building.   
 (2) The Board shall serve a copy of the provisional order made under sub-section (1) on the 
owner or builder or the occupier of the building together with a notice requiring him to show 
cause within a reasonable time to be specified in such notice why the order should not be 
confirmed.  
 (3) If the owner or the builder or the occupier fails to show cause to the satisfaction  of the 
Board, it may confirm the order, with such modifications as it may think fit, and such order 
shall then be binding on the owner, the builder and the occ upier and the Board may take any 
measure or do anything which may, in its opinion be necessary, for giving due effect to the 
order and expenses incurred for the purpose shall be recovered from the owner, the builder 
and the occupier, as arrears of land rev enue.  The Board may seize the materials and tools 
used for the construction or reconstruction of the building and may sell them and apply the 
sale proceeds towards the expenses incurred.  
 (4) If the work of construction or reconstruction of any building is commenced in 
contravention of the provisions of sub- section (1) of section 5B and the Board is of the 
opinion that immediate action should be taken, then, notwithstanding anything contained in 
this Chapter a notice to be given under sub -section (2) shal l not be of less duration than 
twenty four hours and shall be deemed to be duly served if it is affixed in some conspicuous 
part of the building to which the notice relates and published by proclamation at or near such 
building and accompanied by beat of d rum, and upon such affixation and publication, all 
persons concerned shall be deemed to have been duly informed of the matters stated 
therein.  
 (5) The Government may call for and examine the records of any proceedings of the Board 
under this section and after such enquiry as it thinks fit, if the Government is satisfied that the 
order of the Board is contrary to law, pass such orders thereon as the Government deems fit:  
 Provided that no order shall be made to the prejudice of any party unless he has had  an 
opportunity of being heard.  
 5D. The Karnataka Municipal Corporation Act, 1976 and other laws not affected. - 
Nothing in this Chapter shall be deemed to affect the operation of the Karnataka Municipal 
Corporations Act, 1976 or the Karnataka Munic ipalities Act, 1964 or any other law or the 
rules made thereunder and the provisions of this Chapter shall be in addition to and not in 
derogation of the provisions of said Acts, laws and the rules.]1  
  1.  Inserted by Act 19 of 1981 w.e.f. 30.12.1980  
CHAPTER IV 
IMPROVEMENT OF SLUM AREAS  
 6. Power of prescribed authority to require execution of works of improvement in 
slum areas.- (1)  Where the prescribed authority is satisfied that at a reasonable expense, -   
 (a) any slum area or any part thereof is capable of being improved so as not to be a 
source of danger to the health, safety or convenience of the public of that area; or  
 (b) any building being unfit for human habitation in a slum area can be    rendered fit for 
human habitation,  
 it may serve upon the owner of the slum area or part thereof or of the building, as the case 
may be, a notice requiring him within such time not being less than sixty days, as may be 
specified in the notice, to execute the  wor ks of improvement specified therein:  
 Provided that where the owner of the building is different from the owner of the land on 
which the building stands and the works of improvement required to be executed relate to 
provision of water-taps, bathing places, construction of drains, open or covered, as the case 
may be, provision of water -borne latrines or removal of rubbish and such works are to be 
executed outside the building, the notice shall be served upon the owner of the land.  
 (2) In addition to servi ng a notice under sub -section (1) on the owner concerned, the 
prescribed authority may serve a copy of the notice on any other person having an interest in 
the slum area or part thereof or the building or the land on which the building stands, whether 
as a lessee, mortgagee or otherwise.  
 (3) In determining for the purposes of this Act whether at a reasonable expense the slum 
area or part thereof can be improved or the building rendered fit for human habitation, regard 
shall be had to the estimated cost of  the works of improvement of the slum area or part 
thereof or of the works necessary to render the building fit for human habitation and the 
estimated value that the slum area or part thereof or the building will have when such works 
are completed.  
 7.  Power to execute works of improvement to slum areas and to recover expenses. - 
(1)  If a notice under sub- section (1) of section 6 is not complied with, then, after the 
expiration of the time specified in the notice, the prescribed authority may itself execute the 
works required to be executed by the notice.  
 (2) All expenses incurred by the prescribed authority under this section together with 
interest, at such rate as the Government may, by order, fix from the date when a demand for 
the expenses is made until payment, may be recovered by the prescribed authority from the 
owner of the slum area or part thereof or of the building or of the land, on which the building 
stands, as the case may be, as arrears of land revenue and all such expenses and interest  
shall constitute a charge upon the slum area or part thereof or the building or the land on 
which the building stands, as the case may be:  
 Provided that if the owner proves that he,-  
  (a) is receiving the rent merely as agent or trustee for some other  person; and  
  (b) has not in his hands on behalf of that other person sufficient money to satisfy the 
whole demand of the prescribed authority,   
his liability shall be limited to the total amount of the money which he has in his hands as 
aforesaid.  
 8. Expenses of maintenance of works of improvement, etc., to be recoverable from 
the occupiers of the land or building. - (1)  Where works of improvement have been 
executed in relation to any land or building in a slum area in pursuance of the provisions  of 
sections 6 and 7 the expenses incurred by the prescribed authority, or as the case may be, 
by any local authority, in connection with the maintenance of such works of improvement or 
the enjoyment of amenities and conveniences rendered possible by such works, may be 
recovered from the occupier or occupiers of the land or building as arrears of land revenue.  
 (2)  The amount of expenses referred to in sub- section (1) shall be determined by order by 
the prescribed authority and in the case of expenses inc urred by the local authority, the 
prescribed authority shall consult the local authority before passing an order determining the 
amount of expenses incurred by the local authority.  
 9. Power of prescribed authority to order demolition of building unfit for human 
habitation.- (1)  Where the  prescribed authority on a report from the local authority 
concerned or the State Housing Board or the Board or an officer authorised by the 
Government for this purpose is satisfied that any building being unfit for human habitation in 
a slum area is not capable at reasonable expense of being rendered so 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 such 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 sub- section (1) 
appears in pursuance thereof before the prescribed authority and gives an undertaking to 
that authority that such person shall, within such period as may be specified by the said 
authority, execute such works of improvement in relation to the building, as will in the opinion 
of the said authority, render the building fit for human habitation or that it shall not be used for 
human habitation until such authority on being satisfied that it has been rendered fit for that 
purpose cancels the undertaking, the prescribed 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 prescribed authority shall forthwith make 
an order of demolition of the building requiring that the building shall be demolished within 
such period as may be prescribed.  
 10. Procedure to be followed where demolition order has been made. -  Where an 
order of demolition of building under section 9 has been made, the owner of the building or 
any other person having an interest therein shall dem olish that building, within the period 
mentioned in sub-section (3) of section 9, and if the building is not demolished within the said 
period, the prescribed authority shall enter and demolish the building and subject to the 
provisions of section 61, sell the materials thereof.  
CHAPTER V  
SLUM  CLEARANCE AND  RE -DEVELOPMENT  
 11.  Power to declare any slum area to  be slum clearance area. - (1)  Where the 
Government, on a report from the Board or the prescribed authority or the local authority 
concerned or the State Housing Board or an officer authorised by the Government for this 
purpose is satisfied as respects any slum area that the most  satisfactory method of dealing 
with the conditions in the area is the clearance of such area  and the demolition of all the 
buildings in the area, it may, by notification, declare the area to be a slum clearance area, 
that is to say, an area to be cleared  of all buildings in accordance with the provisions of this 
Act:  
 Provided that before issuing such notification the Government shall call upon the owners of 
the lands and buildings in such slum area to show cause why such declaration should not be 
made and after considering the cause if  any, shown by such owners, it may pass such 
orders  as it may deem fit.  
 (2) Any part of the slum area or any building in the slum area which is not unfit for human 
habitation or dangerous or injurious to safety, health or morals may be excluded from the 
notification under sub-section (1) if the Government considers it necessary.  
 (3) The notification under sub- section (1) shall specify each of the buildings to be 
demolished and the area to be cleared.  
 12. Obligation to clear area and demolish buildings .-  When a slum area has been 
declared to be a slum clearance area under sub -section (1) of section 11, the owners of the 
lands and the buildings in that area shall clear the area and demolish the buildings before the 
expiration of such period as may be prescribed.  
 13.  Power to clear slum clearance areas .-  If any slum clearance area is not cleared or 
the buildings demolished before the expiration of the period mentioned in section 12 the 
prescribed authority shall enter and clear the area  and demolish the buildings and subject to 
the provisions of section 61, sell the materials thereof.  
 14. Owner may re -develop.- (1)  Subject to the provisions of this Act, where a notification 
under sub -section (1) of section 11 has been issued, the owner of the land to which the 
notification applies may re -develop the land in accordance with plans approved by the 
prescribed authority and subject to such restrictions and conditions (including condition with 
regard to the time within which the re- development  shall be completed), if any, as that 
authority may think fit to impose:  
 Provided that an owner who is aggrieved, by a rest riction or condition so imposed on the 
user of his land or by a subsequent refusal of the prescribed authority to cancel or modify any 
such restriction or condition, may, within such time as may be prescribed, appeal to the 
Government and the Government shall make such order in the matter as it thinks proper and 
its decision shall be final.  
 (2) No person shall commence or cause to be commenced any work in contravention of a 
plan approved or a restriction or condition imposed under sub-section (1).  
 15. Power of prescribed authority to re- develop clearance area. - (1) Notwithstanding 
anything contained in sub- section (1) of section 14, the prescribed authority may, at any  
time, after the land has been cleared and the buildings have been demolished in accordance 
with the foregoing provisions of this Chapter 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 such 
authority is satisfied that it is necessary in the public interest to do so.  
 (2) Where land has been cleared and the buildings have been demolished in accordance 
with the foregoing provisions of this Chapter, and the prescribed authority is satisfied that the 
land has been, or is being re- developed by the owner ther eof in contravention of plans 
approved by such authority or any restrictions or conditions imposed under sub-section (1) of 
section 14, or has not been re -developed within the time, if any, specified under such 
conditions, it may, by order determine to re-develop the land:  
 Provided that before passing an order under sub- section (1) or sub- section (2), the owner 
shall be given an opportunity to show cause why the order should not be passed.  
 (3) All expenses incurred by the prescribed authority under this  section, together with 
interest at such rate as the Government may, by order, fix from the date when a demand for 
the expenses is made until payment, may be recovered by the prescribed authority from the 
owner of the land as arrears of land revenue and al l such expenses and interest shall 
constitute a charge upon the land and the building.  
 (4) The amount of expenses referred to in sub -section (3) shall be determined by order by 
the prescribed authority.  
 16. Rules to provide for transfer to previous occupants .-  Subject to the provisions of 
this Act, the Government may, by rules, provide for or regulate the transfer, and the 
conditions of such transfer to persons who, immediately before the declaration of any slum 
area to be a slum clearance area, were occupying lands or buildings in that area or lands or 
buildings in such slum clearance area after its re-development.  
CHAPTER VI  
ACQUISITION OF LAND  
 17. Power to acquire land. -  Where the Government is satisfied that, for the purpose of 
executing any work of improvement in relation to any slum area or any building in such area 
or for the purpose of re- developing any slum clearance area, or for the purpose of 
rehabilitating slum dwellers, it is necessary to acquire any land within, adjoining o r 
surrounded, by any such area, it may acquire the land by publishing in the official Gazette, a 
notice to the effect that it has been decided to acquire the land in pursuance of this section:  
 Provided that before publishing such notice, the Government s hall call upon the owner or 
any other person who, in the opinion of the 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 t he land, the Government may pass such orders 
as it deems fit.  
 18. Land acquired to vest in Government free from all encumbrances.-  When a notice 
under section 17 is published in the official 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.  
 19. Right to receive amount .-  Every person having any interest in any land acquired 
under this Act shall be entitled to receive and be paid amount as hereinafter provided.  
 20. Amount payable.- (1)  The amount payable in respect of any land acquired under this 
Act, shall be 1three hundred]1 times the property tax payable in respect of such land on the 
date of publication of the notice referred to in section 17, under the municipal law applicable 
to such area and where no such property tax is payable in respect of such land, the property 
tax payable in respect of similar land adjacent thereto.  
  
1.  Substituted by Act 26 of 1986 w.e.f. 28.5.1986  
 (2) The prescribed authority shall, after holding an enquiry in the prescribed manner, 
determine by order the amount payable under sub- section (1) and publish the said order in 
the official Gazette.  A copy of the said order shall be communicated to the owner of the land 
and every person interested therein.  
 (3) Where the owner of the land and the owner of the building on such land are different, the 
prescribed authority shall apportion the amount between the owner of the land and the owner 
of the building (in the same proportion as the value of the land bear s to the value of the 
building on the date of the acquisition).  
 
 21.  Appeal against order fixing the amount. -  Any person who does not agree to the 
amount determined by the prescribed authority under sub -section (2) of section 20 may 
prefer an appeal to the court within such period as may be prescribed.  
 22. Apportionment of amount. -(1)  Where several persons claim to be interested in the 
amount determined, the prescribed authority shall determine the persons who in its opinion 
are entitled to receive the amount and the sum payable to each of them.  
 (2) If any dispute arises as to the apportionment of the amount or any part thereof, or as to 
the persons to whom the same or any part thereof is payable, the prescribed authority may 
refer such dispute to the decision of the court and the court shall in deciding any such dispute 
follow, as far as may be, the provisions of Part III of the Land Acquisition Act, 1894 (Central 
Act 1 of 1894).  
 23. Payment of amount .-(1)  After the amount has been determined, the prescribed 
authority  shall tender payment of the amount to the persons entitled thereto and shall pay it 
to them.  
 (2) If the persons entitled to the amount do not consent to receive it or if there be no person 
competent to alienate the land, or if there be any dispute as to the title to receive the amount 
or as to the apportionment of it, the prescribed authority shall deposit the amount in the court, 
and the court shall deal with the amount so deposited in the manner laid down in sections 32 
and 33 of the Land Acquisition Act, 1894 (Central Act I of 1894).  
 24. Payment of interest. -  When the amount is not paid or deposited on or before taking 
possession of the land, the prescribed authority shall pay the amount with interest thereon at 
the rate of fi ve per cent per annum from the time of so taking possession until it shall have 
been so paid or deposited and such interest shall be paid or deposited by the prescribed 
authority in the same manner as provided for the amount.  
 25. Appeal to High Court. -  Subject to the provisions of the Code of Civil  Procedure, 
1908 (Central Act 5 of 1908) applicable to appeals from original decrees, and 
notwithstanding anything to the contrary in any enactment for the time being in force, a 
second appeal shall only lie to the High Court from any decision 

Excerpt shown. Open the full act in Lexace.

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