The M.P. Gandi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976

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M.P. Gandi Basti Kshetra (Sudhar Tatha Nirmulan)
Adhiniyam, 1976
The M.P. Gandi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976
M.P. Act No. 39 of 1976
mp278
[Dated 29th July, 1976]
LEGISLATIVE HISTORY 6
Received the assent of the President on the 29-7-1976; assent first published in the Madhya
Pradesh Gazette (Extraordinary), dated 12-8-1976.
An Act to provide for the improvement and clearance of sum areas in the State and for protection of
tenants in such areas from eviction.
Be it enacted by the Madhya Pradesh Legislature in the Twenty-seventh Year of the Republic of
India as follows :-
CHAPTER I
Preliminary
1.  Short title, extent and commencement.- (1) This Act may be called the Madhya Pradesh
Gandi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force in-
(a) the towns and cities of Bhopal, Jabalpur, Indore, Raipur, Ujjain, Gwalior and Neemuch at once;
and
(b) any other town having a population of more than five thousand on such date as the State
Government may, by notification, appoint and different dates may be appointed for different towns.
2.  Definitions.- In this Act, unless the context otherwise requires :-
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(a) [x x x]
(b) "building" includes any structure or erection of any part of a building as so defined but does not
include plant or machinery comprised in a building;
(c) "competent authority" means such officer or authority as the State Government may, by
notification, appoint as the competent authority for the purposes of this Act;
(d) "erection" in relation to a building includes extension, alteration or re-erection;
(e) "land" includes benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth;
(f) "occupier" includes-
(i) any person who for the time being 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;
[(i-a) any person who has acquired lease hold rights in respect of any land occupied by him under
the provisions of the Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhruti
Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984);]
(ii) an owner in occupation of or otherwise using his land or building;
(iii) a rent free tenant on 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 or occupation of any land or
building;
(g) "owner" includes any person who is receiving or is entitled to receive the rent of any building or
land whether on Iris own account or on behalf of himself and others or as agent or trustee, or who
would so receive the rent or be entitled to receive it if the building or land were let to a tenant;
(h) "slum clearance" means the clearance of any slum area by the demolition or removal of
buildings therefrom;
(i) "work of improvement" includes in relation to any building in a slum area the execution of any
one or more of the following works, namely :-
(i) necessary repairs;
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(ii) structural alterations;
(iii) provision of light points, water taps and bathing places;
(iv) construction of drains open or covered;
(v) provision of latrines, conversion of dry latrines into water borne latrines;
(vi) provision of additional or improved fixtures or fittings;
(vii) opening up or paning of courtyards;
(viii) removal of rubbish;
(ix) laying of roads;
(x) broadening of lanes;
(xi) removal of dangerous and hazardous trades;
(xii) development of land and provision for open space for children park, play ground and public
parks; and
(xiii) any other work including the demolition of any building or any part thereof which in the opinion
of the competent authority is necessary for executing any of the works specified above;
(j) "local authority" in respect of a town means the Municipal Corporation, Municipal Council,
Notified Area Committee or Town Improvement Trust, if any, as the case may be, constituted for
such town under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956), the
Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961) or the Madhya Pradesh Town
Improvement Trusts Act, 1961 (No. 14 of 1961) as the case may be, and includes any person or
committee of persons appointed to exercise and perform the powers and functions of such
Corporation, Council, Committee or Trust, as the case may be, on its dissolution or supersession;
(k) "slum area" means area declared to be a slum area under sub-section (1) of Section 3.
CHAPTER II
Slum Areas
3.  Declaration of slum area.- (1) Where the competent authority upon report from any of its
officers or upon report from the local authority if directed by the competent authority to
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submit such report, or other information in its possession is satisfied in respect of any area
that the buildings in that area-
(a) are in any respect unfit for human habitation; or
(b) are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings,
hazardous and unwholesome trade carried on therein, narrowness or faulty arrangement of streets,
lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental
to safety, health or morals,
it may, by 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-
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) natural water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of waste water;
and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or
more of the said matters that it is not reasonably suitable for occupation in that condition.
CHAPTER III
Slum Improvement
4.  Power of competent authority to require improvement of buildings unfit for human
habitation.- (1) Where the competent authority upon report from any of its officers or upon
a report from the local authority or other information in its possession is satisfied that any
building in a slum area is in any respect unfit for human habitation, it may, unless in its
opinion the building is not capable at reasonable expense of being rendered so fit, serve
upon the owner of the building a notice requiring him within such time not being less than
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thirty days as may be specified in the notice to execute the works of improvement specified
therein and stating that in the opinion of the authority these works will render building fit for
human habitation :
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 serving notice under this section on the owner, the competent authority may serve
a copy of the notice on any other person having an interest in the building or the land on which the
building stands whether as lessee, mortgagee or otherwise.
(3) In determining, for the purposes of this Act, whether a building can be rendered fit for human
habitation at a reasonable expense, regard shall be had to the estimated cost of the works
necessary to render it so fit and the value which it is estimated that the building will have when the
works are completed.
5.  Enforcement of notice requiring execution of works of improvement.- (1) If a notice
under Section 4 requiring the owner of the buildings or of the land on which the building
stands as the case may be, to execute works of improvement is not complied with, then
after the expiration of the time specified in the notice the competent authority may itself do
the works required to be done by the notice.
(2) All expenses incurred by the competent authority under this section, together with interest, at
such rate as the State Government may, by order, fix, from the date when a demand for the
expenses is made until payment, may be recovered by the competent authority from the owner of
the buildings or of the land on which the building stands, as the case may be, as arrears of land
revenue ;
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 authority,
his liability shall be limited to the total amount of the money which he has in his hands as aforesaid
:
Provided further that if the competent authority is satisfied that owner does not have means to carry
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out the orders under the notice, it may provide facility to deposit the amount of the expenses
incurred without interest in as many equal instalments as the competent authority deems proper.
[5A. Special slum improvement in certain slum areas. - (1) If the State Government is satisfied
that circumstances in any slum area exist which render it necessary for it to take immediate action
for the improvement of the slum, it shall, by notification, declare such slum area to be under special
slum improvement and thereupon the competent authority shall from such date as the State
Government may, by order direct, execute the work of improvement in such area without giving
notice to the occupiers thereof as required by Section 4.
(2) Save as otherwise provided in sub-section (1) the provisions of Chapter III shall apply mutatis
mutandisto the special slum improvement.
(3) The expenses incurred by the competent authority under sub-section (1) together with interest
at such rate as the State Government may specify, may be recovered by the competent authority
from the occupiers of the buildings or of the land in such slum area, in such manner and to such
extent, as the State Government may prescribe.
Explanation. - For the purpose of this section "work of improvement" includes community work
which shall mean such work of improvement which is for the collective benefit of the occupiers of
buildings or of the lands in slum area under special slum improvement.]
6.  Expenses of maintenance of works of improvement etc. to be recoverable from the
occupier of buildings.- Where works of improvement have been executed in relation to
any building in a slum area in pursuance of the provisions of Sections 4 and 5, the
expenses incurred by the competent authority or, as the case may be, by a local authority in
connection with the maintenance of such works or improvement or the enjoyment of
amenities and conveniences rendered possible by such works shall be recoverable from
the occupier or occupiers of the building as arrears of land revenue.
7.  Restriction on building etc. in a slum area.- (1) The competent authority may, by
notification, direct that no person shall erect any building in a slum area except with the
previous permission in writing of the competent 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 things done or omitted to be done before such
ceasure.
(3) Every person desiring to obtain the permission referred to in sub-section (1) shall make an
application in writing to the competent authority in such form and containing such information in
respect of the erection of the building to which the application relates as may be prescribed.
(4) On receipt of such application the competent authority, after making such enquiry as it
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considers necessary, shall by order, in writing :-
(a) either grant the permission subject to such forms and conditions, if any, as may be specified in
the order; or
(b) refuse to grant such permission :
Provided that before making an order refusing such permission, the applicant shall be given a
reasonable opportunity to show cause why the permission should not be refused.
(5) Nothing contained in sub-section (1) shall apply to-
(a) any works of improvement required to be executed by a notice under sub-section (1) of Section
4 or in pursuance of an undertaking given under sub-section (2) of Section 8; or
(b) the erection of any building in any area in respect of which a slum clearance order has been
made under Section 11.
8.  Power of competent authority to order demolition of buildings unfit for human
habitation.- (1) Where the competent authority upon a report from any of its officers or
upon a report from a local authority or other information in its possession is satisfied that
any building within a slum area is unfit for human habitation and is not capable at a
reasonable expense of being rendered so fit, it shall serve upon the owner of the buildings,
and upon any other person having an interest in the building, whether as lessee, mortgagee
or otherwise a notice to show cause within such time as may be specified in the notice as to
why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in
pursuance thereof before the competent authority and gives an undertaking to the authority that
such person shall within a period specified by the authority execute such works of improvement in
relation to the building as will in the opinion of the authority render the building fit to human
habitation, or that it shall not be used for human habitation until the authority on being satisfied that
it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any
order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in case where any such
undertaking has been given any work of improvement to which the undertaking relates is not
carried out within the specified period, or the building is at any time used in contravention of the
terms of the undertaking the competent authority shall forthwith make an order of demolition of the
building requiring that the building shall be vacated within a period to be specified in the order not
being less than thirty days from the date of the order, and that it shall be demolished within six
weeks after the expiration of that period.
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9.  Procedure to be followed where demolition order has been made.- (1) Where an order
for demolition of a building under Section 8 has been made the owner of the building or any
other person having an interest therein shall demolish that building within the time specified
in that behalf by the order; and if the building is not demolished within that time the
competent authority shall enter and demolish the building and sell the materials thereof.
(2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of
the proceeds of sale of materials of the building shall be recoverable from the owner of the building
or any other person having an interest therein as arrears of land revenue :
Provided that the competent authority if satisfied that owner does not have means to carry out the
orders under the notice, may provide facility to deposit the amount of expenses incurred without
interest in as many equal instalments as the competent authority deems proper.
CHAPTER IV
Slum Clearance and Re-Development
10.  Power to declare any slum area to be clearance area.- (1) Where the competent
authority upon a report from any of its officers or upon a report from the local authority or
other information in its possession is satisfied as respects any slum area that the most
satisfactory method of dealing with the conditions in the area is the demolition of all the
buildings in the area, the authority shall, by notification, declare the area to be a clearance
area, that is to say, an area to be cleared of all buildings in accordance with the provisions
of this Act:
Provided that any building in the area which is not unfit for human habitation or dangerous or
injurious to health may be excluded from the declaration if the authority considers it necessary.
(2) The competent authority shall forthwith transmit to the State Government a copy of the
declaration under this section together with a statement of the number of persons who on a date
specified in the statement were occupying buildings comprised in the clearance area.
11.  Slum clearance order.- (1) As soon as may be after the competent authority has declared
any slum area to be a clearance area, it shall make a slum clearance order in relation to
that area ordering the demolition of each of the buildings specified therein and requiring
each such building to be vacated within such time as may be specified in the order and
submit the order to the State Government for confirmation.
(2) The State Government may either confirm the order in toto or subject to such variations as it
considers necessary or reject the order.
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(3) If the State Government confirms the order, the order shall become operative from the date of
such confirmation.
(4) When a slum clearance order has become operative, the owners of buildings to which the order
applies shall demolish the buildings before the expiration of six weeks from the date on which the
buildings are required by the order to be vacated or before the expiration of such longer period as
in the circumstances of the case the competent authority may deem reasonable.
(5) If the buildings are not demolished before the expiration of the period mentioned in sub-section
(4), the competent authority shall enter and demolish the buildings and sell the materials thereof.
(6) Any expenses incurred by the competent authority in demolishing any building shall, if not
satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority
as arrears of land revenue.
(7) Subject to the provisions of this Act where a slum clearance order has become operative, the
owner of the land to which the order applies may re-develop the land in accordance with the plans
approved by the competent authority and subject to such restrictions and conditions including a
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 restriction or condition so imposed on the user of his
land or by a subsequent refusal of the competent authority to cancel or modify any such restrictions
or conditions may, within such time as may be prescribed, appeal to the State Government and the
State Government shall make such order in the matter as it thinks proper and its decision shall be
final.
(8) No person shall commence or cause to be commenced any work in contravention of a plan
approved or a restriction or condition imposed under sub-section (7).
12.  Power of competent authority to re-develop clearance area.- (1) Notwithstanding
anything contained in sub-section (7) of Section 11, the competent authority may at any
time after the land has been cleared of the buildings in accordance with the slum clearance
order but before the work of re-development of that land has been commenced by the
owner by order determine to re-develop the land if that authority is satisfied that it is
necessary in the public interest to do so.
(2) Where land has been cleared of the buildings in accordance with a slum clearance order, the
competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner
thereof in contravention of plan approved by the authority or any restrictions or conditions imposed
under sub-section (7) of Section 11 or has not been re-developed within the time, if any, specified
under such conditions, may, by order, determine to re-develop the land :
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Provided that before passing such order the owner shall be given a reasonable opportunity to show
cause why the order shall not be passed.
CHAPTER V
Acquisition of Land
13.  Power of State Government to acquire land.- (1) Where on any representation from the
competent authority it appears to the State Government that, in order to enable the
authority to execute airy work of improvement in relation to any building in a slum area or to
re-develop any clearance area, it is necessary that land within, adjoining or surrounded by
any such area should be acquired the State Government may acquire the land by
publishing in the Gazette a notice to the effect that the State Government has decided to
acquire the land in pursuance of this section :
Provided that, before publishing such notice, the State Government may call upon the owner of or
any other person who, in the opinion of the State Government, may be interested in, such land to
show cause why it should not be acquired; and after considering the cause if any shown by the
owner or any other person interested in the land, the State Government may pass such order as it
deems fit.
(2) When a notice as aforesaid is published in the Gazette the land shall on and from the date on
which the notice is so published vest absolutely in the State Government free from all
encumbrances.
14.  Land acquired by State Government to be made available to competent authority.-
(1) Where any land in a slum area or clearance area has been acquired under this Act the
State Government shall make the land available to the competent authority for the purpose
of executing any work of improvement or carrying out any order of demolition or for the
purpose of re-development;
Provided that where local authority is appointed as the competent authority the State Government
may either hold the land under its own control and management or transfer the land to the local
authority and the local authority shall be liable to pay the cost of acquisition of the land or of such
portion thereof as the State Government may fix in each case :
Provided further that where on any representation from the competent authority, the State
Government is satisfied that any such land or any portion thereof is unsuitable for the purposes
mentioned in this section the State Government may use the land or allow it to be used for such
other public purpose or purposes as it may deem fit.
15.  Right to receive amount in lieu of deprivation of right in land.- Every person having
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any interest in any land acquired under this Act shall be entitled to receive from the State
Government an amount in lieu of the deprivation of the right in land as provided hereafter in
this Act.
16.  Basis for determination of amount payable in lieu of deprivation of right in land.- (1)
The amount payable in respect of any land acquired under this Act shall be an amount
equal to ten times the net average income actually derived from such land during the period
of five consecutive years immediately preceding the date of publication of the notice
referred to in Section 13.
(2) The net average annual income referred to in sub-section (1) shall be calculated in the manner
and in accordance with the principles set out in the Schedule.
(3) The competent authority shall after holding an inquiry in the prescribed manner, determine in
accordance with the provision of sub-section (2) the net average annual income actually derived
from the land and publish a notice in the Gazette specifying the amount so determined and calling
upon the owner of the land and every person interested therein to intimate to it before a date
specified in the notice whether such owner or person agrees to the amount so determined and if he
does not so agree what amount he claims to be the net average annual income actually derived
from the land.
(4) Any person who does not agree to the amount of the net average annual income determined by
the competent authority under sub-section (3) and claims a sum in excess of that amount may
prefer an appeal to the State Government within thirty days from the date specified in the notice
referred to in that sub-section.
(5) On appeal the State Government shall, after hearing the appellant, determine net average
annual income and its determination shall be final and shall not be questioned in any Court of law.
(6) Where there is any building on the land in respect of which the net average annual income has
been determined no separate amount shall be paid in respect of such building :
Provided that where the owner of the land and the owner of the building on such land are different,
the competent authority shall apportion the amount payable in lieu of deprivation of the right in land
between the owner of the land and the owner of the building in the same proportion as the market
price of the land bears to the market price of the building on the date of acquisition.
17.  Apportionment of amount payable in lieu of deprivation of right in land.- (1) Where
several persons claim to be interested in the amount payable in lieu of deprivation of right in
land determined under Section 16, the competent authority shall determine the persons
who in its opinion are entitled to receive the amount and the amount payable to each of
them.
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(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 competent authority may refer the
dispute to the decision of the State Government and the State Government in deciding any such
dispute shall follow, as far as may be, the provisions of Part III of the Land Acquisition Act, 1894
(No. 1 of 1894).
18.  Payment of amount in lieu of deprivation of right in land or deposit of same in
Court.- (1) After the determination of the amount the competent authority shall on behalf of
the State Government tender payment of, and pay, the amount to the persons entitled
thereto.
(2) If the persons entitled to receive the amount do not consent to receive it, or if there be any
dispute as to the title to receive the amount or as to the apportionment of it, the competent authority
shall deposit the amount in the Court of the District Judge 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 (No.
1 of 1894).
19.  Powers of competent authority in relation to determination of amount payable in lieu
of deprivation of right in land.- (1) The competent authority may for the purpose of
determining the amount or apportionment thereof, require, by order, any person to furnish
such information in his possession as may be specified in the order.
(2) The competent authority shall, while holding inquiry under Section 16, have all the powers of a
Civil Court while trying a suit under the Code of Civil Procedure, 1908 (No. 5 of 1908) in respect of
the following matters, namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any Court or office;
(e) issuing commissions for examination of witnesses.
CHAPTER VI
Protection of Tenants in Slum Areas from Eviction
20.  Proceeding for eviction of tenants not to be taken without permission of competent
authority.- (1) Notwithstanding anything contained in any other law for the time being in
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force, no person shall except with the previous permission in writing of the competent
authority :-
(a) institute any suit or proceeding for obtaining any decree or order for the eviction of a tenant from
any building or land in a slum area; or
(b) where any decree or order is obtained in any suit or proceeding instituted before declaration of
such area to be slum area under Section 3 for the eviction of a tenant from any building or land in
such area, execute such decree or order.
(2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an
application in writing to the competent authority in such form and containing such particulars as
may be prescribed.
(3) On receipt of such application, the competent authority, after giving an opportunity to the parties
of being heard and after making summary enquiry into the circumstances of the case as it thinks fit,
shall, by order in writing, either grant or refuse to grant such permission.
(4) Whether alternative accommodation within the means of the tenant would be available to him if
he were evicted;
(a) whether alternative accommodation within the means of the tenant would be available to him if
he were evicted;
(b) whether the eviction is in the interest of improvement and clearance of the slum area;
(c) such other factors, if any, as may be prescribed.
(5) Where the competent authority refuses to grant the permission, it shall record a brief statement
of the reasons for such refusal and furnish a copy thereof to the applicant.
21.  Appeals.- Any person aggrieved by an order of the competent authority refusing to grant
the permission referred to in sub-section (1) of Section 7 or referred to in sub-section (1) of
Section 20 may, within such time as may be prescribed, prefer an appeal to the State
Government and the State Government may, after hearing the applicant, decide such
appeal and its decision shall be final.
22.  Restoration of possession of premises vacated by tenant.- (1) Where a tenant in
occupation of any building in a slum area vacates any building or is evicted therefrom on
the ground that it was required for the purpose of executing any work of improvement or for
the purpose of re-erection of the building, the tenant may, within such time as may be
prescribed, file a declaration with the competent authority that he desires to be replaced in
occupation of the building after the completion of the work of improvement or re-erection of
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the building, as the case may be.
(2) On receipt of such declaration, the competent authority shall by order require the owner of the
building to furnish to it, within such time as may be prescribed, the plans of the work of
improvement or re-erection of the building and estimates of the costs thereof and such other
particulars as may be necessary and shall on the basis of such plans and estimates and
particulars, if any furnished and having regard to the provisions of sub-section (3) of Section 23 and
after holding such enquiry as it may think fit, provisionally determine the rent that would be payable
by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration
made by him under sub-section (1).
(3) The rent provisionally determined under sub-section (2) shall be communicated in the
prescribed manner to the tenant and the owner.
(4) If the tenant after the receipt of such communication intimates in writing to the competent
authority within such time as may be prescribed that when he is replaced in occupation of the
building in pursuance of the declaration made by him under sub-section (1), he would pay to the
owner until the rent is finally determinated under Section 23 the rent provisionally determined under
sub-section (2), the competent authority shall direct the owner to place the tenant in occupation of
the building after the completion of me work of improvement or re-erection of the building, as the
case may be, and the owner shall be bound to comply with such direction.
23.  Rent of buildings in slum areas.- (1) Where any building in a slum area is let to a tenant
after the execution of any work of improvement or after it has been re-erected, the rent of
the building shall be determined in accordance with the provisions of this section.
(2) Where any such building is let to a tenant other than a tenant who is placed in occupation of the
building in pursuance of a direction issued under sub-section (4) of Section 22, the tenant shall be
liable to pay to the owner
(a) if the Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961) is in force in the
area in which the building is situated and applicable to that building, the rent determined in
accordance with the provisions of that Act;
(b) if the said Act is not in force in such area or is not applicable to that building, such rent as may
be agreed upon between the owner and the tenant.
(3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section
(4) of Section 23, the tenant shall notwithstanding any law relating to the control of rents in force in
the area be liable to pay to the owner :-
(a) if any work of improvement has been executed in relation to the building, an annual rent of a
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sum equivalent to the aggregate of the following amounts, namely :-
(i) the annual rent the tenant was paying immediately before he vacated the building for the
purpose of execution of the work of improvement;
(ii) six percent of the cost of the work of improvement; and
(iii) six percent of a sum equivalent to the compensation payable in respect of any land which may
have been acquired for the purpose of effecting such improvement as if such land were acquired
under Section 13 on the date of the commencement of the work of improvement;
(b) if the building has been re-erected, an annual rent of a sum equivalent to four percent of the
aggregate cost of a construction of the building and the cost of the land on which the building is re-
erected.
Explanation. - For the purpose of this clause, the cost of the land shall be deemed to be a sum
equivalent to the compensation payable in respect of the land if it were acquired under Section 13
on the date of commencement of the reconstruction of the building.
(4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an
application made by the tenant or the owner, be determined by the authority referred to in sub-
section (5) :
Provided that an application for determination of such rent by the owner or the tenant shall not,
except for sufficient cause, be entertained by such authority after the expiry of ninety days from the
completion of the work of improvement or re-erection of the building, as the case may be.
(5) The authority to which the application referred to in sub-section (4) shall be made, shall be-
(a) where there is general law relating to the control of rents in force in the area in which the
building is situate, the authority to whom application may be made for fixing the rents of building
are in the area; and for the purpose of determining the rent under this section that authority may
exercise all or any of the powers it has under the said general law; and the provisions of such law
including provisions relating to appeals shall apply accordingly;
(b) if there is no such law in force in that area, such authority as may be specified by rules made in
this behalf by the State Government and such rules may provide the procedure that will be followed
by that authority in determining the rent and also for the appeals against the decision of such
authority.
(6) Where the rent is finally determined under this section then the amount of rent paid by the
tenant shall be adjusted against the rent so finally determined and if the amount so paid falls short
                            15 / 23
of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled
to a refund, as the case may be.
24.  Chapter not to apply to eviction of tenants from certain buildings.- Nothing in this
chapter shall apply to or in relation to the eviction under any law of a tenant from any
building in a slum area belonging to the Government, or any local authority.
[CHAPTER VII
Slum Clearance Board 25. to 35. * * *]
CHAPTER VIII
Miscellaneous
36.  Power of entry.- It shall be lawful for any person authorised by the competent authority in
this behalf to enter into or upon any building or land in a slum area with or without
assistants or workmen in order to make any enquiry, inspection, measurement, valuation or
survey, or to execute any work which is authorised by or under this Act or which it is
necessary to execute for any of the purposes or in pursuance of any of the provisions of
this Act or of any rule or order made thereunder.
37.  Powers of inspection.- (1) The competent authority may, by general or special order,
authorise any person-
(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or
land in slum area, and in his discretion to cause the ground to be opened for the purpose of
preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or
channel, as the case may be;
(b) to examine works under construction in the slum area, to take levels or to remove, test,
examine, replace or read any meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or
removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the
land or building, but if it is found that no nuisance exists or but for such opening would have arisen,
the ground or portion of any building, drain, or other work opened injured or removed for the
purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the
competent authority.
38.  Power to enter land adjoining land where work is in progress.- (1) Any person
authorised by the competent authority in this behalf may, with or without assistants or
workmen, enter on any land within fifty yards of any work authorised by or under this Act for
                            16 / 23
the purpose of depositing thereon any soil, gravel, stone or other materials, or for obtaining
access to such work or for any other purposes connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under sub-section (1), state the
purpose thereof, and shall if so required by the occupier, or owner, offence off so much of the land
as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little
damage, as may be, and compensation shall be payable by the competent authority to the owner
or occupier of such land or to both for any such damage whether permanent or temporary.
39.  Breaking into buildings.- It shall be lawful for any person authorised by the competent
authority in this behalf to make any entry into any place, to open or cause to be opened any
door, gate or other barrier-
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
40.  Entry to be made in day time.- No entry authorised by or under this Act shall be made
except between the hours of sunrise and sunset.
41.  Owner's consent ordinarily to be obtained.- Save as provided in this Act, no building or
land shall be entered without the consent of the occupier, or if there is no occupier, of the
owner thereof, and no such entry shall be made without giving the said occupier or owner,
as the case may be, not less than twenty-four hours' written notice of the intention to make
such entry :
Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a
latrine, urinal or a work under construction.
42.  Power of eviction to be exercised only by competent authority.- Where the competent
authority is satisfied either upon a representation from the owner of a building or upon other
information in its possession that the occupants of the building have not vacated it in
pursuance of any notice, order or direction issued or given by the authority, the authority
shall, by order, direct the eviction of the occupants from the building in such manner and
within such time as may be specified in the order and for the purpose of such eviction may
use or cause to be used such force as may be necessary :
Provided that before making any order under this section the competent authority shall give a
reasonable opportunity to the occupants of the building to show cause why they should not be
evicted therefrom.
                            17 / 23
43.  Power to remove offensive or dangerous trades from slum areas.- The competent
authority may, by order in writing, direct any person carrying on any dangerous or offensive
trade in a slum area to remove the trade from that area within such time as may be
specified in the order :
Provided that no order under this section shall be made.... person carrying on the trade has been
afforded a reasonable opportunity of showing cause as to why the order should not be made.
44.  Appeals.- (1) Except as otherwise expressly provided in this Act, any person aggrieved by
any notice, order or direction issued or given by the competent authority may appeal to the
State Government within a period of thirty days from the date of issue of such notice, order
or direction.
(2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the
notice order or direction appealed against.
(3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all
prosecutions for any contravention thereof shall be held in abeyance pending the decision of the
appeal, and if the notice, order or direction is set-aside in appeal, disobedience thereto shall not be
deemed to be an offence.
(4) No appeal shall be decided under this section unless the appellant has been heard or has had a
reasonable opportunity of being heard in person or through a legal practitioner.
(5) The decision of the State Government on appeal shall be final and shall not be questioned in
any Court.
45.  Service notices etc.- (1) Every notice, order or direction issued under this Act shall, save
as otherwise expressly provided in this Act, be served-
(a) by giving or tendering the notice, order or direction or by sending it by post to the person from
whom it intended; or
(b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous
part of his last known place of abode or business, or by giving or tendering the notice, order or
direction to some adult male member or servant of his family or by causing it to be affixed on some
conspicuous part of the building or land, if any, to which it relates.
(2) Where the person on whom a notice, order or direction to be served is a minor, service upon his
guardian or upon any adult male member or servant of his family shall be deemed to be the service
upon the minor.
                            18 / 23
(3) Every notice, order or direction which by or under this Act is to be served as a public notice,
order or direction which is not required to be served to any individual therein specified shall, save
as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in
such conspicuous part of the office of the competent authority or in such other public place during
such period, or is published in such local newspaper or in such other manner, as the competent
authority may direct.
46.  Penalties.- (1) Whoever fails to comply with any notice, order or direction issued or given
under this Act shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of any restriction
or condition imposed under sub-section (7) of Section 11 or any plan for the re-development of a
clearance area shah be punishable with imprisonment which may extend to three months, or with
fine which may extend to one thousand rupees, or with both.
(3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any
building or land or molests such person after such entry shall be punishable with fine which may
extend to one thousand rupees.
(4) If the person committing an offence under this Act is a company, every person who at the time
the offence was committed was in charge of, and" was responsible to, the company for the cond

Excerpt shown. Open the full act in Lexace.

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