The Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981)

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THE KEB.ALA SLUM AREAS (IMPROVEMENT AND 
CLEARANCE) ACT, 199 l • 
(Act 24 of 1981) 
An .del to providlfor tlr.e preoention, improwmtnt tJnd cl,aranel of slum ar.as, f o' 
tlu acquisition of slum areas an~ of land required for the rehabtlitation of slum 
dw1llers and for the protection of ltnanls in slttm areas from eviction. 
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Pt~amble . -WHEREAS it is neccs!ary to provide for ~the preventio 1, 
Jmprovem~nt and clearance of slum areas, for the acquisition of slum area s 
and of land required for the rehabilitation of slum dwellers and forth <' 
protection of tenants in slum areas from eviction; 
BE it enacted in the Thirty-_;econd Year of the Republic of India as 
follows:-
CHAPT&R 1 
PRELIMINARY .... 
1. Short title, txt111t and commm&ement.-(1) 'Thi! Act may be called tht· 
Kerala Slum Areas (Improvement and Clearance) Act, 1981. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall come into force on such date as the Government may, by 
notification in the Gazette, appoint . 
2. Definition.s.-In this Act, unleu the contex t otherwise requires,­
(a) "building., includes any structure or erection or any part of ;1 
building a1 so defined, but does not include plant or machinery comprised 
in ll buildina; •· 
(b) '•Collector, means the Collector of a district; 
(c) "competent authority", in relation t~ an~ ar~, . m,..a.n, such 
officer or authonty as the Government may, by notdicaoon tn the Gazett e, 
appoint as the competent authority for that area for the purposes of this Acf, 
(d) "erection", in relation to a building, includes extension, alter-
ation or re-erection; 
(e) "land ' ' includes benefits to arise out of land1 and things attache d 
to the eArth or permanently fastened to anything attached to the earth; 
(f) "local authority" means a municipal corporation, a municipa l 
council, a township committee, a panchayat, a development authority or a 
town planning trust ; 
,.. Received the assmt of the President on the 2nd day of September, 1981 
and published in the Kerala Gazette Extraordinary No. 718 dated the 15th · 
September, 1981. 
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(g) '"occupier" ineludes- · 
(i} any person wh~or the t1me being·ispayingor is liable to pay 
to the owner the Tent or any port1onof the rent of the land or 
building in respect of which such rent is paid or is payable; • 
(ii) an owner in occupation of, or otherwise using, his land or . 
building; 
•(iii) a ·rent-free tenant · of any land or building; e 
·(iv) ·a licensee in occupatJOn of any land or bmlding; and 
(v) any ·person who is liable .to pay to the owner .damages for the 
use and occupation ·of any land or building; 
(h} "owner'' includes any person who is receiving or is entitled ~to 
receive the rent of any building or land, whether on his own .account llr on 
behalf of hhruelf and others or as agent or trustee, ,or who would so receive 
the rent or be entitled to receive 1t if the building or land were let to a 
tenant; 
(i) ''prescribed" means ,prescribed:by rules made under trus Act; 
(i) ''slum area" means an area declared as sLch under subsection 
(1) of section 3; 
. (k) '•slum clearance" ':lle~ns the clearance of any slum area and the • 
demolitiOn and removal of bUJldtngs therefrom; 
(1) "slum clearance area " or "clearance .area u means an -area in f 
relation to which an order of slum clearance has been made under sUb~ . 
section ( l) of section 11; 
(m) ''S~te" means the State orKerala; 
(n) "work err improvement" includes, in relation to anytbuilding~in 
a slum area, the execution of any one or more of the following works, 
namely:-
(i) ·necessary repairs; 
(ii) structural alterations; 
(hi) provision of light points, water taps and bathing places; I 
(iv) .construction of drams, open or covered; 
(v) provision of.latrines, including conversion of dry latrines into 
water·borne latrines; (t 
.(vi) provision ofadditional or improved fixtu.res or fittings; 
(vii) opening up or paving of court ... yards; 
(viii) -removal of rubbish; and 
(i'X) any other work inclu.ding the .d~olition of any building or _a.ny 
part ther~of whtch m the opm1on of the ~ompetent 'authortty 
is necessary for executing any of the works· specified above. 
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CHAPTER Il 
SLUM AREAS 
3. Declaration of slum areas.-( 1) Where the C(')m~tent authority, upon 
report from any of its officers or otherw1se, is satisfied that-
( a) any area is or may become n source of danger to the health, 
safety or convenience of the residents of that ilrca C'r of its neighbourhood, 
by rca~on of the area. being low·lying, in\an\tar y, squalid or otherwise; or 
(b) the buildings in any area, used or intended to be used for human 
hahitation,-
(i) arc, iu any respect, unfit for human habitation; or 
(ii) are, by reason of dilapida tion, overcrowding , faulty arrange­
ment or design of such buildings, narrowne ss or faulty arrange­
ment of streets , lack of vent dation, ltght or sanitation facilities , 
or any combination of these factor s, detrimental to safety, 
health or morals, 
It may, by notification in the Gazette, dcclhrc such area to be a slum area: 
Providrd that hefore declaring any area to be: a slum area the compe­
tent authorit y shall consult the Chtef Town Planner or any officer of the 
Town Planning Department of the Government authorised by the Govern­
ment in this behalf. 
(2) Every notification under sub section ( 1) shalt also be published 
by the competent authority in at least two nrwspapers havmg wide circula· 
tion in the area to wMch that notification relatcc;. 
(3) In detcrmini ng 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 mattt:rs, that is to say,-
(a) repa1r; 
(b) stabtlity; 
(c) freedom from damp; 
(d) naturalligbt and air; 
(e) water-supply; 
(f) drainage and sanitary conveniences; 
(g) facilities for storage, preparation and cooking of food and for 
the dispoml of waste water; 
and the building shall be deemed to be unfit as nforesaid, if and only if it is 
so far defective in one or more of the said matteM that it is not 1easonably 
~uitablc for occupation in that condition . 
4. Every building in a slum area to be • registe,ed.-(1) Within sixty days 
from the- date of declaration of any area as slum area under sectit')n 3, the 
owner of every building in such s] urn area shall apply to the competent 
au.hot1ty for the r~gistTation of such bmlding and also furnish to the com· 
,petent authority such particular s as may be required by it. 
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(2 j As soon as may be after the declaration of any area as a slum area 
under r.ection 3, the competent authority shall-
( a) prepare records for the slum area, comprising a plan of the 
slum area, and a register enumerating every building thereon with adequate 
particulars thereof; and ., 
(b) issue to the owner of every building in tbe sJum area a registra· 
tion card showing the particulars of the building concerned. 
• CHAPTJ ;R II I 
SLUM IMPROVEMENT 
5 Power to require e (tculion of works of improvement to slum areas or buildmg 
therein.-( 1) Where the competent authority upon report from any of its 
officers or otherwi se IS satisfied that any slum area or part thereof can be 
improved so as to conform to the intere sts of the health, s1fety or convenience 
of the residents of that area or of its neighbourhood , or that any building in 
any slum area can be Improved ~o as to l'ender it fit for human habitation 
consistent with safety, health or moral s and •f in its opinion such improve­
ment can be c:irried out at a reawnable expense, it may serve upon the 
owner of o;uch slum area or part thereof or such building a notice requiring 
him to execute the works of improvement specified ther .:an wtthin such time, • 
not being less than thirty days, as may be specified in the notice: 
Provided that where the owner of the building is different from the 
owner of the land on which the buddmg stands and the works of improve- • 
rnent requ1red to be executed relat e to provision of water taps or bathing ... 
places or construction of firam s, open or covered or provision of water·borne 
latrine s or removal of rubbish and mrh works are to be exec~ted outside tbe 
building, the notice ~ha11 also be ~erved upon the owner of the land: 
Provided further that before :,erving a notice under thts sub-section, the 
competent authority sha ll consult the Chief Town Planner or any officer 
of the Town Planning Department of the Government authorised by the 
Government m this behalf 
(2) In addition to srrving a notice under sub-section ( 1) on the owner 
concerned, the competent authority shall serve a copy or the notice on any 
other person having an interest in the slum area or part thereof or building I 
or the land on which the buildmg stands , whether as lessee~ mortgagee or 
otherwise. 
(3) In det~~mining, for the purposes of this Act, whether an improve- ra 
ment can be carr1ed out at a rec1St>nable expense. regard shall be had to the '-' 
estimated cost of the works of improv~ment and the estimated value that tbe 
slum area or part thereof or the bUJld• ng will have when the ~orks are 
completed. 
6. Powtr tq tJttcutt works of tmprovement in slum areas and to rtcovtr expenses.­
(l) If a notice under section 5 requiring the owner to execute works of im· 
provement is not complied with within tlte period specified in the notice or 
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within such further time as the competent authority may give for sufficient 
reasons, the competent authority may itself execute the works required to be 
done by the notice. 
(2) All expenses incurred by the competent authority under thi! section, 
together with interest at such rate as the Govtrnment may by ordcr fix from 
the date when a demand for the expenses is made until payment, may be 
recovered by the competent authority from the owner as arrears of public 
revenue due on land: 
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 otht"1 pe1son "ntfficient 
money to satisfy the whole demand of the authority, 
his liability shall be limited to the total :tmount of the money which he lms 
in his hands as aforesaid. 
(3) Notwithstanding anything contained in any other law for lhe time 
being in force, all expenses incurred by the competent authority under this 
section shall constitute a first charge on the land or building concerned, sub­
iect to the charges for any tax or cess payable to the Government . 
7. Maitzlenantt of works of improvement.-(!) Where works of improve· 
mcnt have been executed in relation to any land or building in a slum area in 
punuance of the provisions of section 5 or section 6, the occupier of that hmd 
or building shall be responsible for the maintenance of such works of im­
provement . 
(2) If the occupier fails to maintain any works of imporvement referred 
to in sub·section ( 1), the local authority shall serve upon the occupier a 
notice requiring him to execute the works of maintenance specified therein 
within such time, not being Jess than thirty days, as may be specified in the 
notice. 
(3) If the notice under sub-section (2) is not complied with within the 
time specified in the notice, the local authority may itself execute the work~ 
tequlrcd to be done by the notice. 
(4) The expenses incurred by the local authority m connection with 
the maintenance of any works of improvement or the enjoyment of nmenities 
and conveniences rendered possible by such works shall be reco\erable from 
the occupier of the land or butlding as arrc.·us of public revenue due on 
land . 
8. Buildings in slum area Uf11 to b~ crcct~d except wllh the ptrmiuton of tile 
cumpllltal authority.-(1) Nolwithstanding anything contained in any othel' 
Iawior the time being in force, the competent authority may, by notification 
jn the Gazette, direct that no person shall erect any budding in a ~lum area 
or makt: any addition to, or alteration inJ any butlding in such area, except 
with the previous permission in writing of the competent authority. 
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(2) Every notification. under subsection (1) shall aho bt publiahed by 
lhe competent authority in atleast two newspaper~ . having wide circulation 
in the area to which that notification relates 
(3) Every notification issued undf!r sub section (1) shall cease ro ·have 
effect on the expiration of two years from the date ther eof except as respects 
things done or omitted to be done before such cesser. 
(4) Every person desiring to obtain the permission referred to in sub­
section ( 1) shall make an application in writing to the competen t authority 
in such fonn and containing such information in respect of the erection of, 
or addition to, or alteration in, the building to which the appli cation relates, 
as may be prescribed. 
(5) On receipt of such application, the competent authority, after 
making such inquiry as it considers necessary~ shaH, l>y order in wtiting,-
(a) eithet · grant the permission subject to such terDls and 
conditions, if any, as may be ~pecibed in the order > or 
(b) refuse to grant such permis sion : 
Provided that before making an ordet refusing •such permission, the 
applicant shall be given a reasonable opportunity to show cause why the 
pennission should not be refused. 
· (6) Nothing contained in sub-section ( 1) shall apply to-
(a) any works of improvemen• required to be executed by a notic e 
under su bs~ct ion ( l} of sectJOn 5 or m pursuance of an undertaking given 
under sub-section (2) of section 9 ; o1· 
(b) the erection of any building in any area in respect of which a 
slum clearance order has been made under section 12. 
9. Power of competent authority to order demolittorJ of huildtngs unfit for human 
hahitation.-(l) Where the competent authority upon report from any of 
its officers or .otherwise is satisfied that any building within a slum area 1s 
unfit for human habitation and 11 not capable , at a reasonable expense, of 
being rendered so fit, it shall serve upon the owner of the building and upon 
any other person having an interest m the building, wheth er as lesc;ee, 
mongagec or otherwise, a notice to show cause within such time as may be 
specified thercm ac; to why an order of d emolitiOn of the building should not 
be made. 
(2) Jf any of the per ,ons upon whom a uot1ce has been served under 
sub-section ( J) appears in pursuance ther eof before the competent authority 
and gives an undutaldng to the authority that such person will, whbin a 
period specified by the authority, execute such works of improvemen t 
in relation to the buildmg as w1ll, m the opini on of the authority, render the 
building fit for human hab•tatwn, or that it will not be used for human 
habitatton until the authority, on be.ng sathfied that it has been rend < red 
fit for tbat purpose, cancels the undertaking, the authority shall not make 
any order of demolition of the budding. 
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(3) If no such undertaking as is mentioned in aub-scction (2) is given, 
or, if in a case where any 'such unde rtaking has been given any work of 
improvetnent t() which the undertaking relates is not carried out within the 
specified period, or the building is a t any tim e used in. contravention of the 
terms of the tutdertaktng, the competent nuthority shall forthwith make 
an order of demolition of the budding requiring that the building shall 
be vacated within a penod to be specified in the order, not being less than 
thirty day s f10m the date of che order and that it sh.dl be demolished within 
six weeks after the expiration of that pe1 iod. 
I 0. Procldure lo be followed where demfJlition order has been made.-( I) 
Where an onl~r for demolition of a lmildmg under scction 9 has been made, 
the o Nner of the building or any other pt"rson b.wing an intei'<.'St therein shall 
demolish that building withJn the time sprcificd m that behalf in the or(let· 
and if the building is not demolis hed within suc h tim~, the competent autho· 
rity shall enter and demolish the building and sell the materials thereof by 
public auction. 
(2) Any expc.nses incUl red · uy the co mpet ent auth011ty under sub­
section ( 1), if not ~atisficd out of the proceeds of sale of materials of the 
lmilding, shall be recoverable from the ownct' of the bui lding or any other 
person bavin~ an in~cre~t tlJerci n as :lrree"lrs of pu blic rev~nue due on land 
and if there i• any balance m the sale proceeds aftrr satisfying such expcJUes, 
the same shall uc patd to the owne1• or other penon entitled to it. 
C HAP fER IV 
SLUM CLEARANCE AND RE-DEVELOPMENT 
1 L Powtr to declare a'V' slum area to be a clearance area.-· ( 1) Wher e the com· 
petent aut ho1·ity upon report from. any of its officers or other information 
in its possession is s.ttisfied as 1 esprcts any slum area that tlie most satisfactory 
method of dealing with the condttions m the area is the clearance of such 
area and the dcmolttion of all the buildings therein, the .lut bori ty shall by 
an order notified in the Gazette dccl.uc the area to be a slum clearance 
area, that is to say, an area which has to be cleared and all the bu1ldings 
tltcrein have to be demolished and removed in accordance with the provi-
sions of this Act : · 
l,rovidc<.l that any part of the shun area or any buildiDg in that area 
wluch in the opinion of the comp ete nt authority is not unfit for hum~n 
habitation or dangerou s or mjurious to puhli c health may be excluded from 
the declaration iCthe authority cons iders it necessary : 
Pt0vidcd further that before making .l dcclaranon under this su bsection, 
the competent authonty shall consult Ute Chiel Town Planne r or a.ny Officer 
of the Town Plannmg Department of the Government authori ·sed by the 
Government iu this behalf. 
(2} The competent authority shall forthwith transmit to the Collector 
a copy of the decl aration under dus section t.ogetl~cr with a statement of 
the number of persons who, on a date spec1ficd 111 the statement, wer~ 
occupying areas and builcl,ngs comprised in the clearr~nce area • 
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12 . ,~lam. cle(IJ'anct order.- ~ 1) As soon as may be after the compet • I h. 
authority has declared any slum area to b ~ a clearance area, it sha ll make 
a slum clearance order in rel::l.tlon to that area ordering the clearance of tl1e 
area a nd the demolition of each or the bmldmgs specified therein and 
• r equiring ·each such butl~ i ng to be - vacated within such ttmr as mar be 
specified in the order and submtt the orde r 1 o the Collector for confirmation. 
(2) The Collectm may either confirm the ord er whhout modification 
or subject to such variations as he con'>iders nec~ary, or reject the orde r . 
(3) A copy of eve ry orde r passed by the Collector under subsection 
(2) shall be furnished to the local authonty withi11 whose jurisdiction the 
slum area in respec t of wh1ch such m dcr h.ts been p:.ssed i<; situate. 
(4) The Government may> on applicatiOn from any person or 
authot ity aggri eved by an order of the • Collector under subsection (2) , cnll 
for and exam me the record of that ordc-r fol the purpo se of satisfying them· 
selves as to the tega hty or J..:ropri~cty of such order and may pa~ s such order 
in reference ther eto as they think fit: 
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Provided that the Gover nment shall not pac;s any orde1· unde1 this sub~ 
section, if the applicatJon ha~ been rccewed after the ex pity of thirty days 
from the date of the order of the Collector : • ~ 
ProvJdcd further that no orde r prcjuchcjaJ to a· person shall be passed 
under this subsection without giving him an opportunity of bring heard . 
(5) If the Collecto r ·Confirms the order of the competent authority • 
u nder sub-sect !on (J ), the orde r shall, subject to 'he provision~ of sub­
sectjon (4), become operative from Lhc date of such confirmation . 
(6) When a slum clea tance order hac:; become operativ e, the owners or 
the lands and the building 3 to which the order appltes shall clear the area 
and demohsh the bUlldmg s before the cxp1ration of sl.x weeks from the date 
on which the buildmgs are required by the order to be vacatei or befo re 
th e expiration of such longer period :1.' iu the ci1 c um~ 11n ccs of the ca'ic the 
comp etent autho1 ity m.ty ckem tca<>onable 
(7) If the slum clearance area is not clear ed 01 the bui ldings are not 
demolished before the cxptrati on of the period mentioned in subsection (6L 
the comp eten t aut honty shall ente r and clear the area ,md demo lish the & 
buildtngs and S~>llthe matertals thereof by publi c auc•ion W' 
(8) Any expenses incurred by the competent au[honly m cle4\ung the 
area and in demolishmg any building shall, if not satisfi: .. d out of the <Jt 
proceeds of sale of materials thereof, be rc:cover.able by the competent 
aut hot ity as arrears of publi c revenur due on land and if there i~ any 
balance in the sale proceed s after sattsfymg such expense s, the same sha ll be 
'paid to the ownrr or 'Other person entitled to it. 
(9) Subj ect to the provtsions of this .Act, whet c a sl wn clearance order 
has become operative} the owneJS of the land!» to which the order applie s 
rna.y re-develop th;: lands in accorda nce wuh plans approved by the 
competent aut honty and subject to suc h restlictions and c'Jndit ions 
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(including n condition ww. rrgard to tl1e time within which the tc· 
development c;h,tll be completed), if any, as that author~ly may thmk fit 
to impose: 
Providrd that an owner who i.:; ;~ggricvcd oy a tcstdction or condition 
so imposed 0.1 thr Ut\Cr of his land or by a l>ubscquent refusal of the compd­
cnt authority to cancel or mod•fr any such lC5triction or con'JitlOn may, 
within such time a~ may be presc1·ibcd, appeal to the Collector, and tlu~ 
Collector shall m.tkc s·.lC·h order m the m.ltter as he thinks proper and hi~ 
deciswn r;;hall be final 
( 1 0) No person shall commcnre or causr. to be commenced any work 
in contra vent ion. of a plan approved or a restriction or condition imposed 
under subsection {9). 
13 . Powtr of ClJmpetent autlzo1ity to te·dtvelop clearauce mea -(1) Notwith- • 
standing anything contained in sut?section (9) of section 12, the competent 
authority may at any time after a land has lJeen cleared of bUJldings h 
accordance with n slum cleatance o1dc1 but hcforc the work of :re-develop­
ment of that land has been commenced by the owner by order, determine 
to rr-develop :the land if that authotity is mtisficd that it is necessary in the 
pul )lie interest to do so. 
(2) Where any land has been cleared of buildings in accordance with a 
slum clea1 ancc order, the competent authol'ity, if it 1s sausfied that the land 
h.ts been, or is being, 1 c-develop:::d by the owner thereof tn contravention 
of plant<; nppt ovecl hy the authOI ity or any 1 estuctwns or condJtions imposed 
undet suh-sectwn (~l) of section 12 or has nnt brrn 1 c-devcloped w1t.hm such 
time and undct such conditions as may be spccihed by It, may, by ord.,.r, 
detcnninc to te·dt•velop thr land: 
P1 ovHkd that before passmg such 01 de1, the owner \hall be gtvcn a 
tea)Oilable opportunity to show cause why the order should not be passed. 
CHAPTER v 
ACQUISITION OF LAND 
14. Power nf Govemmmt to acguHc land.-( l) Where, on any representa­
tiOn ftom the ,·omprt<'lll .\llthonty, Jt appcats 1o the Government that for the 
purpose of improving or devclopmg any ~tum ,\rca, or f01 the purpose of 
1c-devclnpmg any 'lhliH dcarancc area or fcH· thr. purpose of rchabilitatmg 
slum dwellers, it ts •tccrc;c;at y to acqutre nny J.md wuhm, adjotmng or 
surroundt:d by any such c;lum area or slum clenr.mce 4wea, they may acquttc 
the land by puhh~hmg in the Gazette a notice to the effect that they have 
dcddctl to dcquirc the hmd in pUlsuance of tlu:, ~ccuon : 
l'r ovid<'d th,\.t, bef(n e pubbshmg such notLcc, the Go\·ernmcnt shall call 
upon the nwnet· of, or an.y other person who, m the opmion of the Govern• 
mcnt, may be mt<'rcsted in, :,uch land to show cause why it should not be 
acquut'd ; and after comtdcring the cause, ,f any, sho\\ n by the owner or 
any otllrl· pet son interested in the land, the Govetnmcnt m.ty pass such order 
as they deem fit. 
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(J.) When a notice referrred to in sub~secti on (1) is published in the 
Gueuc, the land shall, on anci form the da~ on which the notice is so 
published , ve'>t ab~olutely in the Government free from all encumbrances. 
15. Right to 1tcewe amot.mt.-[.very per~on having any interest in any land 
acquired under this Act shall be entitled to receive from the Governme11t an 
amount as hereinafter provide d. e 
16. Basis for dtterrmnalion of amourzt.-{1) The amount to which a person 
is entitled unde r &ection 15, m respect of any land acqut rcd under this Act, 
shall be an amount equal to sixty times the nt-l aver age monthly income • 
actuail y derived from such Jand during rbe peti od o f five consecutive years 
immed Jately preccdmg the ,date of publi cauon of rhe notice referred to in 
Gection 14, such net average monthly mcome being calculated jn the manner 
e.nd in accordance Wtlh the prmciples set out in the Schedule. 
(2) The competent authority shall , afte1· holding an inqu iry in the 
prescribed manner, determine m accordan ce \vith the provisions of sub .. 
section ( l) the amount payable in nspe<:t of the land, and publi sh a notice 
m the Gazette specifying the amount so deternun ed and calling upon the 
owner of the land and every person inte1 estcd therein to mhmate to it 
before a date specified in the notice whether such owner or person agret3 to 
the amo unt so det ermin ed and , 1f ht does not so agree, what nmount he 
claims Ito be the ne.t average mo ~1thly mcomc actually ~cn\·cd from the land. 
(3} The competent authority shaJl ;Jlso serve nouce to the same effect • 
as is mentwned in sub-section (2) on the owner of the land and on all such 
persons known or beheved to be mte.·csu d therein or to be entitled to act 
for persons .so inter ested, as rtsH.lc or have agen ts a uthonsed to receive 
service on their behalf, w1thin the State. -
(4) Any person who does not agree to the amount determined by the 
comp etent authority under sub-section (2) and cla1ms a sum in excess of 
(hat amount may prefer an appeal to the Collector :within thirty days from 
the date specified m the notice referred to in that sub· section. 
(5) Where an appeal is preferred under sub-section (4), the Collector 
5hal1, after bearing the appellan t and after !U<"h further cnqUJry as may be 
necessary, pass such orders as be deems fit~ 
(6) Any person who is agg1 ieved by an order passed by the Collector 
under sub-sccdon (S) may prefer an .lppeal to the Board of Revenue within 
thirty days from the date of the order of the Collector, and the decision by 
the Board of H.evenue on such appeal shall be final and shall not be e. 
questioned in any court of law . 
(7) Wheie thr-re is any building on the land in respect of wh1ch the 
uet average monthl y Income has been determined, no separate amount shall -
be paid in respect of such bu1Iding · • 
Provided that where the owner of t he land and the owner of the 
buildin g on such land are different. the competent authority shall apportion 
the amo unt between the owner of the land and the owner of the building 
m the same proportion as the market price of the land bears t ·) the market 
price of the building .on the date of acqu1sttion. 
• 
• • 
159 
i 7 APJia. t .vnmtnt of amount.- ( 1 ) Where several pet sons cl.l irn to bo 
intercHted in the mnmmt deteun 'incd under section 16 J Lhc compt •tcnt au tho· 
rity shall determine the persons who in its opinion arc entitle (l hl r ~ ceive it 
and the amount payable to each of them. 
(2) Jf any dispute arises as to the apportionment of tlw amount or 
any part thereof, or as to the persons to whom the same or ally part thereof 
is payable, the competent authority m.ty refer the dispute to the· dceu1ion of 
the Colleetor and the Collector in deciding any such dispute shall follow, a!l 
far as may be, the provisions of Part liT of the Kcr ala Lanll .\cquisition 
Act, 1961 (21 of 1962). 
18. Payment of amount or deposlt of tlls same i11 court.-( I) After the amount 
has been determined und.er section 16, the competent authm ity shnll on 
behalf of the Government tender payment of, and pay, such arnotm t to the: 
persons entitled thereto. 
(2) If the persons entitled to such amount do not cont~cut to tcccive it, 
or if there be any dispute as to the title to receive such amo ntJt or ~u to the 
apportionment of it, the competent authority shall deposit the nmount ia 
the court of the Subordind.te judge hav,ing jurisdiction over the area and 
that court shall deal with the amo unt so deposttcd in the manucr luiu down 
in sections 34 and 35 of the Kcrala Land Acquisition Act, 1 !Hi l (21 of I 962) • 
19. Payment of in t ~rest.-Intercst shall be calculated on the .lnlOllllt to 
which a person is cn1itlcd under ~ ect ion 15 at the rate of four prr cent per 
annum from the date when the land vested in the Government under bUb· 
section {2) of section 14 until such au1ount shall have been pa td (If dcpo~ite<l, 
and shall be paid or deposited by the competent authority in the same manner 
as provided for the p,Lyment or deposit of such amount. 
20 . Powers of competent authonty zn relati.on to dctermmation of amauttt fte.­
(1) The competent authority may, for the pu rpo~ c of dctcrnuning the amount 
under section 16, or apport ,ionment thereof, require, by ordct, any person to 
furnish such information in his possession as may be spccJ6cd in the 
order. 
(2) The con1petent authority shall, while holding inquiry under section 
16, have aU the powers of a civil court while trying a suit under the Code of 
Civil Procedure, 1908 (Central Act 5 of 1908), 1n respett of the followmg 
matters, namely:-
(a) summoning and enforcing the attendance of any person ,mel 
examining him on oath ; 
(b) requiring the discovery and production of any doemm:nt ; 
(c) reception of evidence ot'l affidavits ; 
(d) requisitioning any public record from any cou1 tor rfiicc ; 
(c) issuing commissions for the examination of witnesses or· for local 
i nveatigation. 
160 
21. Useof land acquired.-(!) \..Yhcrr any land specified in sub-section (I) 
of section 14 has been acquired under this Act, the Govert'ment shall under­
take or cause to • be undertaken such measures as may be necessary for the 
improvement, development, clearance or re-development of the land or the 
erection of bt..~ildings thereon in accordance with such plan as may be 
approved by them : • 
Provided that where any such land or any portion thereof is, in the 
. opinion of the Government, unsuitable for the p t..~r poses mentioned above, 
on the ground that the use of the land or portion for such pUI poses will not ~ 
be in the interest of orderly town plannmg, the framing of any master plan 
or the diviston of the town into d1fferent zones, or on the ground that the area 
of the land or portion is small, or on any other ground, the Government may 
use it or allow it to be used for such public purposes as they think fit. 
(2) Any sites or buildings on any land referred to in the proviso to sub· 
section (1) may be allotted or leased for the accommodation of slum dweHers 
and of persons of such low income groups as may be presc1 ibed, on such 
terms and conditions as may be prescribed : 
Provided that except as otherwise provided in this Act, no portion of 
any land acquired under this Act shall be permanent ly granted, sold or 
alienated in favour of any person or persons . 
(3) For the purpose of undertaking the measure s referred to in sub- • 
section ( l ), the Gove1 nrnent may either hold the land under their ownership, 
control and management and execute such measures themselves or through 
any agency on such terms and conditions as may be determ ined by them or 
transfer the land to the Corporation of the City of Trivandrum or the City • 
of Calicut ot the City of Cochin, as the case may be, or the municipal council 
or township comm1ttee or panchayat concerned, or to the development 
authority or town planning trust having jurisdictiOn over the area in which 
the land is situate, for the s.Lid purpose. 
(4) Where any land is transferred as provided in sub-section (3),-
(a) such ]and shall vest in the corporation or the municipal council 
or the township committee or the panchayat or the development authority 
or the town planning trust, as the case may be~ and the corporatmn or the 
municipal council or the township com nittee or the panchayat or the deve­
loplllent authority or the town planning trust shall be liable to pay the 
cost of acquisition of the land ot· such portion thereof as the Government may 
fix in each case ; and 
(b) the corporation or the municipal council or the township com-
mittee or the panchayat or the development authonty or the town planning ~ 
trust as the case may be, shall execute the mea~ures referred to in sub-section 
(1) in accordance with such plans as may be approved by the Government 
and subject to such direction as may be gwen from time to time by tbe 
Gov.crnment; and shal 1, in the use of the land and in all connected matters, be 
bound by the prov1sions of this Act. 
a £ .z 
• • 
• ,. 
161 
(5) Any building erected by the Government or, a3 \.he case n.ny be, 
by a local authority uudel' this section may be allotted or lC'ast·d ror the 
nrcommodation of slum dwellers and of person~ of such low 111Cnnw gwups 
as may be prescribed, on such terms and conditions as may hc- pres crihC'd. 
(6) Notwithstanding anything contained in any law fin· tlu: timt· 
br.ing in force, or in any contr<lCt, no pnv Jl to whom any build111g is .tltottccl 
or IC"ascd under sub-sertion (5) fot ]u~ accommodation shall "nit-let that 
building to any other J><:rson o.r alienate J1is nght., in rrsprct or ~11ch lmilding. 
(7) If the allottCf' m· tenant of any huil dmg sub-lets that \mil ding or 
pot·tJOn thereof Ctr alicnn.tes his r1ghts in HSpcct of ~uch butl<l,ng or portion 
of building in conttavcntion of sub-section (G), such sub-leas(• or nlic·nation 
shall be invalid and such building or portion of building or, as the case may 
he, such rtghts ('hall r<'V<~l t to the Government or the local authority, ns the 
ca~e may be. 
CHAPTJ:H . VI 
PROTECJ'JON OF TENANTS IN SLU1vf AREAS 
FROM EVICTION 
22 Tenantr m slum ar(aS not to be evzcted Wlthout pPrmisston of rompelmt 
rmthonty.-(1} Notwithstanding anything contamed m any other law for lhe 
timr. being in force, no person shall, except with the p1 evJous perm i ~sion in 
wt·iting of the competent authority,-
(a) institute, afteJ \he commencement of this Act, any suit or other 
proc·eeding for obtaining any dcc1 ee or ordrr Jor the eviction of a tenant 
from any buildmg or land in a slum area; 01 
(b) where any decree or order h obtawcd in any suit or procrt:cling 
instituted before sm h commcncrmcnt for the eviction of a tcnnnl r.~om nny 
huildmg or land in such area, execute such derree or order. 
(2 1 E\'ei v pcuon dco;tring to obt .tin 1 he pe• mi:,stou 1 d(·r• ~·<1 to ill 
~ulH.CctiO)l. ( l) may m<1kc an apphcahun 111 ''' 1tmg to the comp!!lt!nl.lUIIw· 
tity in such f01m and containmg such p.u·riculars as ·may be pH·.scnbed. 
(3) On receipt of an application w ·der sub-section (2), the competent 
nuchonty, after giving an opportunity to the parltes to be hHatd nud ;tfter 
making such ~umm.ary inquiry !HtC> tbc circumstances of the case as it ~h~nks 
fit, shall > by order m Wltttng, c1ther g•·aut or 1 cfusc to grant such pcrmtsston, 
( 4) In gtanting or refusing to gram th<· permission undet ~uh-'icction 
{3), the competent authority shall take mto account the folJowing f.tctors, 
uameJy:-
(a) whether nltC'rna.tive accommodation within the mcanCl of th«! 
' tenant would be available to lnm if he w~re evictc(l; 
(b) whether the eviction is in the interest of Improvement ;md clear. 
ancc of the slum areas; and . 
(c) suclt other factors, if any, as may be prescribed. 
-... ........ --
162 
(5} Where the competent authority refuses to grant the permission, it 
shall rec ord a bri~f statement of the reasons for such refusal and furnish a 
copy thereof to the applicant . 
23. Appeals against orders refusing to gra'lt permrssion.-Any p erson • 
aggrie ved by an order of the competent authority refu~ing to grant the per· 
mission referred to in su J-section {I ) of secti on 22 may, w1thin such time as 
may be prescribed, prefer an appeal to tJle Collect or and the order of the ~ 
Colleetor on such appeal &hall, subject to the prov ision~ of ~ection 24, 
be final. 
~4 Revision ~by Government.-( i) The Gov ~ rnment may, either su? motu 
or an applicati on by any person aggritved, call for and examine the record 
of any order passed by the Collector under secti on 23 for the purpose of 
sausfying them selves as to the legahty, propriety or regularity of such order 
and pass such o1·der thereon as they think fit: 
Provjded that no order shall be passed und er th1s sub-se ction unle ss the 
local authority concerned has been given an opportunit y of being heard. 
(2 ) The Gover nment shall not of their own mot•on revise any order 
under sub-sect ion ( 1) tf that order has been r~ ass cd more tha n three months 
previous\ y. 
(3) An application under sub-secti on (I) by an aggrieved person shall 
be made withm a period of two months from the date on which the order 
m question was communicated to him : 
Provided that the Governm ent may ad mit a n applic ation made after the 
expiry of the satd pr rtod of two months if they are sati sfied that the appli­
cant had sufficient cause for not making the appli cc1tion within that period. 
(4) An order prejudicial to a person !hall not bt passed under sub· 
section ( 1) unless that person has been given a reasonabl e opportunity of 
showing cause against such order . .. 
Explanatt ~Jn .-An order declining to intetfer e shall , fot the purposes of 
thi s sub-section, be deemed to be an ()rdcr prejudicial to a person. 
2S. Restor atz ~n of possession of prtmzses vacated by a tenant.- ( I) Where a 
tenan t in occupatio n of any build mg m a slum a rt a v acates the building or 
is evicted therefrom on the ground that it was requ•re:l for the purpose of 
executing any work of impro vement or f0r the purpo se of re-erection of thr 
building, the tenant may, withm such tlme as ma y b e pres cribed, file a dec· 
laratten with the competent au thont y tha t he desires to be repla ced in 
occupation of the buildmg after the completion of the work of impro vement 
or re-erecti on of the buildmg, as the case rr ay be. 
\2) On receip t of such declara tion, the compeu:Iat authorit y shall by 
order mquire the owner of the buLlding to turni sh to it, within such time as 
may be prescribed, the plans of the work of improvemt:nt or rc-erection of 
· the buiJdmg and estimates of the cost thete of and such other particulars as . 
may be nece ssary and shall on the bas1s of such plans and estimates and parti­
culars, if tny, furnished and ha\ ing regard l <' tbe provi3ion s of sub-section (3) 
~. 
1 l 
. . . 
• • 
• 
163 
of section 26 and after holding l!UCb inquiry as 1t may think fit, provisionally 
determine the 1 ent that would be payable by the tcn.mt if he were to be 
re-placed in occupation of the building in pursuance of the dcc\nration 
made by htm und(,;r sub section (I) . 
(3) The tent provisionally determined under suh1ec1 ion (2) shall be 
communicated in tl1e prescribed mannet• to the tenant and 1 he owner. 
(4) If the tenant afte1· the receipt of such communication intim:tt\!5 in 
writing to the CO!Dpetent authority within such time as mny be prr.scribed 
that when h~ is re-placed in occupation of the building in JHirl!uance of the 
declarataon made hy him under sub section (J ), he would pay tu the owner, 
until the rent 1s finally determin~d under secuon 26, thr. n~n\ p1 ovisiona\ly 
determined 4nder CJub Eection (2), the CGmpetent authodty shall direct the 
owner ,to place the tenant in occupation of the building altcl tlu: completion 
of the \\Ork of impl'Ovemcnt or re-ercction of the building, .ts the ca~e m"ly 
be, and the owner shall he bound to comply with such di1 cctiotl. 
26. Rent of buzldmgs z1z slum areas.-(1) Where any uuilt\ing inn slum 
aa·ea is let to a tenant after the execution of any wm k of imprnvemcnt or 
after it has been rc-crected, tJ,c rent of the building shall be determined in 
accordat\ce with the p1ovision3 of this section . 
(2) Where any such bualding is ·let to a tenant, othet than a tcmant 
who is placed in posses!iion of the building in pw·suance ofn direction issued 
under sub section (1) of section 25, the tenant shall be liable to pay to the 
owner,-
(a) 1f there is a general law relttting to the control of n:nts in force 
in the area in which the buildang is situate and applicable to that building, 
the rent determined in accorcLmcc with the provtsions of that l.tw, 
{u) if there is no such lciw in force in such area, such rent as may be 
agreed upon between the owner and the ilenant. 
(3} Whe1e any such buildiug ts let to a tenant 111 put mancc of a 
direction issued undt·t subsection (4) of secrion 25, the tenant shall, not­
witnstandi.ng any law relat1n~ to the control of rents in fo1 ct ~ in the are.\ , 
be liable to pay to the owner,-
(a) if any wo1 k of improvement has been executed in 'dation to the 
building , an annual 1 en t of a sum equivalent to the aggreg.tte of the follow­
ing amounts, namcly;-
{i) the annuul 1 cnt the tenant was P·')'ing immediately before he 
vacated the building foJ the purpose of execution of the woJ k of 
irn provemen t; 
(ii) four per cent of the co'5t of the work of improvement; and 
(iii) six pet cent of a 11um equivalent to the amouut payable iu 
respect of any iand which may h..1ve bcel\ c1Cquircd for the purpcsc of t'ffccting 
Juch improvement as if such land were acquired under sectton 14 on the 
date or the co:nmencement of the work of impt ovemcnt; 
(b) if the buildin~ h.\1 been rc::-crectedJ an annual rent ol a mm 
equivalent to three per cent of the n~greg.tte coc:;t or reconslructiou or th~ 
Lh.ulding and the cost of tile l.md on which the building is re-crccted. 
34Jl150JB. 
164 
ExplantJfion.-For the purpose s of this clause, the cost of the land shall 
be deemed to be a sum equivalent to the amount payable in respect of th.e 
land if it were acquired ur.der section 14 on the date of commencement of 
the reconstruction of the building . 
(4) The rent payable by a tenant in re~pect of any building under sub- • 
section (3) shall , on an application made by tht> tenant or the owner, be 1. 
determined by the authority referred to in sub section (5): 
Provided that an applic ation for determination of such rent. by the • 
owner or the tenant shall not, except for suffici~n t cause, be enterlained by 
auch auth ority after the expiry of ninety days from the complet.ion of the 
work of impr ovement or re·erecti on of the building, as the case· may be. 
(5) The authority to which the application referr ed to in sub section 
(4) shall be made shall be,-
(a) where there 1s a general law relating to the control of rents in 
force in the area in which the building is situate, the authority to whom 
applications may be made for fixing of rents of buildings situate in that 
·area; and for the purpose of determining the rent under chis section that 
authority may exercise all or any of the powers it has under ~the said general 
law; and the provisions of such law mcluding prov1sions relating to appeals 
shall apply accordingly; - · 
(b) if there is no such law in force in that area, such authonty as • 
may be specihed by rules made in this behalf by the Government, and such 
rutes may provide for the prOC'!dure that wilJ be followed by that authority 
in determining tlle rent and also for appeals against the decision of such a 
authority. • 
(6) Where the rent is finally determjned under ~this sectjon, then the 
amount of rene paid by the tenant shall be adjusted against the unt so 
finally determined and if the amount so paid falls short of, or is in excess of, 
the rent finally deter mined, the tenant shall pay the deficiency, or be 
entitled to a refund, as the case may be. 
27. Tenants not to sub-let or alzenaLe.-(1) Notwith~tanding anything 
contained in any law for tiLe time being in force, or in any contract , no 
tenant of any building in a slum area shall, after the execution of any work 
of improvement in rtlation to that building or after it h as been re·erected, 
su~lrt that building or alie nate h1s nghts m respect of that buitdiJlg with~ ~ 
out the previ ous permission i11 writing of the competent 

Excerpt shown. Open the full act in Lexace.

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