LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The Telangana SIum Improvement (Acquisition of Land) Act, 1956.

Telangana · state statute
Open in Lexace · Ask the AI about this act
THE TELANGANA SLUM IMPROVEMENT (ACQUISITION OF 
LAND) ACT, 1956. 
(ACT NO. XXXIII OF 1956.) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power to acquire land. 
4. Transfer of land in a slum area by Government. 
5. Right to receive compensation. 
6. Basis of determination of compensation. 
7. Apportionment of compensation. 
8. Payment of compensation or deposit of same in 
court. 
9. Payment of interest. 
10. Powers of prescribed authority. 
11. Services of notices and orders. 
12. Protection of action taken in good faith. 
13. Bar of jurisdiction of civil courts. 
14. Power to make rules. 
15. Application of the Act to certain pending cases of 
acquisition. 
16. Power to remove difficulties. 
 Schedule. 
 
THE TELANGANA SLUM IMPROVEMENT (ACQUISITION 
OF LAND) ACT, 1956.1 
 
ACT No. XXXIII OF 1956. 
 
1. (1) This Act may be called 2the Telangana SIum  
Improvement (Acquisition of Land) Act, 1956.  
 
 (2) It extends to the whole of the 2State of Telangana. 
 
 (3) It shall come into force 3[in any municipal 
corporation or municipality in the State] on such date as the 
Government may, by  notification in the 2Telangana Gazette 
appoint: 
 
 Provided that, before issuing such notification the  
Government shall publis h in the 2Telangana Gazett e, a 
notice of their intention to do so, fix a period which shall  not 
be less than two months from the date of publication of the 
notice 3[for the  municipal corporation or the municipality 
concerned] to show cause against the issue of the 
notification and consider its objections, if any. 
 
2.  In this Act, unless the context otherwise requires- 
 
 (a) ‘court’ means a principal civil court of original 
jurisdiction and includes any other civil court which may be 
specified by the Gove rnment, by notification in the 
                                                           
1. The Andhra Pradesh Slum Improvement (Acquisition of  Land) Act, 
1956 received the assent of the President on the 7th November, 1956. 
The said Act,  as subsequently amended and extended to whole of the 
State, and in force in the combined State as on 02.06.2014, has been 
adapted to the State of Telangana, unde r section 101 of the Andhra 
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide.  the 
Telangana Adaptation of Laws Order, 2016 issued in G.O.Ms.No.45, Law 
(F) Department, dated. 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
3. Substituted by Act No.35 of 1981. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No. XXXIII of 1956] 
4Telangana Gazette, as having jurisdiction in respect of the 
matters dealt with in this Act; 
 
 (b) ‘Government’ means the State Government; 
 
 (c) ‘land’ includes things at tached to the earth or 
permanently fastened to anything attached to the earth; 
 
 (d) ‘persons interested’ in relation to any land , includes 
all persons claiming, or entitled to claim an interest in the 
compensation payable on account of the acquisition of that 
land under this Act, and a person shall be deemed to be 
interested in land, if he is interested in an easement affecting 
the land; 
 
 (e) ‘prescribed’ means prescribed by rules made under 
this Act, 
 
 (f) ‘slum area ’ means any area declared to be a slum 
area under sub-section (1) of section 3, 
 
 (g) all expressions not defined in this Act but  defined in 
5[the relevant law for the time being in force in the State 
relating to municipal corporations, or in the 6Telangana 
Municipalities Act, 1965, as the case may be] shall have the 
respective meanings assigned to them in the latter Act. 
 
3. (1) Where the Government are satisfied that any  area is 
or may be a source of danger to the public health , safety or 
convenience of its neighbourhood  by a reason of the area  
being low lying, insanitary, squalid or otherwise t hey may, 
by notification in the 4Telangana Gazette declare such area 
to be a slum area. 
                                                           
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
5. Substituted by Act No.35 of 1981. 
6. Adap ted by G.O.Ms.No.142, MA & UD (F2) Department, dated 
29.10.2015. 
Power to acquire 
land. 
[Act No. XXXIII of 1956]  3 
 (2) Where the Government are satisfied that it is 
necessary to acquire any land in a slum area for the  
purpose of clearing or improving the area, they may acquire 
the land by publishing in the 7Telangana Gazette a notice to 
the effect that they have decided to acquire it in pursuance 
of this section: 
 
 Provided that , before publishing such notice the 
Government shall call upon the owner of, or any other 
person who, in the opinion of the Government is interested 
in, such land to show cause why it should not be acquired; 
and after considering the cause, if any , shown by any 
person interested in the land, the Government may pass  
such orders as they deem fit.  
 
 Explanation.— Cause shown by the person interested 
in the land may be against the declaration of the area as a 
slum area under sub -section (1 ) as well as against the 
necessity to  acquire the land for the purpos e of clearing or 
improving the area. 
 
 (3) Where a notice  as aforesaid is published in the 
7Telangana Gazette, the land shall, on and from the 
beginning of the day on which the notice is so pub lished 
vest absolutely in the Government free from  all 
encumbrances. 
 
 (4) The Government may, by orde r, authorise any 
authority or officer subordinate to them to exercise all or any 
of the powers conferred and perform all or any of the duties 
imposed on them by this section, subject to such conditions 
and restrictions as may be specified in the order. 
 
 
 
                                                           
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
4  [Act No. XXXIII of 1956] 
4. (1) Where an y land in a slum area has been acquired 
under this Act , the Government may either hold the land 
under their own control and management and undertake the 
clearance or improvement of the slum area or transfer the 
land to the 8[municipal corporation or  municipal counc il] 
concerned for the purpose  of undertaking the clearance or 
improvement of the slum area; and in the latter case, the 
land shall vest in such municipal council. 
 
 (2) Where land is transferred under sub-section (1) to a 
8[municipal corporation or  municipal council], it shall be 
liable to pay the cost of acqussiti on of the land or of such 
portion thereof as the Government may fix in each case. 
 
 (3) Where the Government hold the land under their 
own control and management and undertake the clearance  
or improvement of the slum area, the cost of acquisition 
shall be borne by the persons to whom the land is allotted in 
parcels for residen ce and such cost  shall be recove rable 
from them in such proporiion and in such manner as may 
be prescribed. 
 
5. Every person whose right, title or interest in any  land is 
acquired under this Act shall be entitled to receive and be 
paid compensation as hereinafter provided. 
 
6. (1) The amount payable as compensation in respect  of 
any land acquired under this Act shall be an amount  equal 
to twelve times the net average annual income  actually 
derived from such land during the period of five  consecutive 
years immediat ely preceding the date of publi cation of the 
notice referred to in sub-section (2) of section 3. 
 
 (2) The net average annual income referred to  in  
sub-section (1) shall be calcula ted in the m anner and in 
                                                           
8. Substituted by Act 35 of 1981.  
Transfer of land in 
a slum area by 
Government. 
Right to receive 
compensation. 
Basis of 
determination of 
compensation 
[Act No. XXXIII of 1956]  5 
accordance with the pri nciples set out in the Schedule to 
this Act. 
 
 (3) The prescribed authority shall, after holding an 
inquiry in the manner prescribed , determine in accordance 
with the provisions of sub -section (2), the net av erage 
annual income actually derived from the la nd and publish a 
notice in the 9Telangana Gazette specifying the amount so 
determined and calling upon every person interested to 
intimate to it before a date specified in the notice whether 
such person agrees to the  amount determined and if not  
what amount he claims to be the net average annual income 
actually derived from the land. 
 
 (4) (a) Any person who does not agree to the amoun t 
of the net average annual income determined by the 
prescribed authority under sub-section (3) and claims a sum 
in excess of that amount, may prefer an appea l to the court 
within thirty day s from the date specified in the notice 
referred to in that sub-section. 
 
  (b) In a case wher e the amount claimed by the 
person concerned exceeds twenty -five  thousand rupees, a 
second appeal on any question of law shall lie against any 
decision of the court under clause (a) to th e High Court 
within thirty days from the date of such decision. 
 
7. (1) Where there a re several persons interested, the 
prescribed authority sh all determine the persons who, in its 
opinion, are entitled to the compensation and the amount 
payable to each of them. 
 
 (2) If any dispute arises as to the apportionment of the 
compensation or any part thereof , or as to the persons to 
                                                           
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
 
Apportionment of 
compensation. 
6  [Act No. XXXIII of 1956] 
whom the same or any part thereof is payable, the 
prescribed authority may refer such disp ute to the decision 
of the court ; and the court shall, in deciding any such  
dispute, follow, so far as may be, the provisioss of  Part III of 
the Land Acquisition Act, 1894. 
 
8. (1) The prescribed  authority shall tender payment of 
the compensation to the persons entitIed thereto and shall 
pay it to them. 
 
 (2) If they  refuse to receive it, or if there be no  
person competent to alienat e the land, or if there be any  
dispute as to the right to receive compensation or as to the 
apportionment of it, the prescribed authority shall depos it 
the amount of the compensation 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 Ac quisition Act, 
1894. 
 
9. When the amount of such compensation is not paid or 
deposited on o r bef ore taking possession of the land the 
prescribed authority s hall pay the amount with interes t 
thereon at the rate of four per centum per annum from the  
time of so taking possession until it shall have been so paid 
or deposited. 
 
10. (1) The prescribed anthority may, with a view to 
carrying out the purposes o f section 5 or section 6 or   
section 7, by orde r, requ ire any person to furnish such  
information in his possession relating to any land  which  is 
acquired under this Act as may be specified in such order. 
 
 (2) The prescribed authori ty shall, while holding an 
inquiry under sub -section (3) of section 6, have all the 
powers of a civil court, while trying a suit, under the Code of 
Civil Procedure, 1908 in res pect of the following matters, 
namely:- 
Payment of 
compensation or 
deposit of same in 
court. 
Payment of 
interest. 
Central Act I of 1894. 
Powers of 
prescribed 
authority. 
Central Act V of 1908. 
Central Act I of 1894. 
[Act No. XXXIII of 1956]  7 
  (a) summoning and enforcing the attendance of any 
person, and examining him on oath; 
 
  (b) requiring the discover y 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. 
 
11. (1) Save as otherwise provided by this Act and subject 
to the p rovisions of this section, and of any rules  that may 
be made under this Act, every notice issued or order made 
under this Act shall- 
 
  (a) in the case of any notice or order of a general 
nature or affecting a class of persons, be published in the 
10Telangana Gazette; 
 
  (b) in the case of any notice or order affecting an 
individual corpora tion or firm, be served in the manner 
provided for the service of summons in rule 2 of Order XXIX 
or rule 3 of Order XXX, as the case m ay be, in the First 
Schedule to thc Code of Civil Procedure, 1908; and 
 
  (c) in the case of any notice or order affecting an 
individual person (not being a corporation or firm), be 
served on such person- 
 
   (i) by delivering or tendering it to that person; 
 
                                                           
10. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Services of 
notices and 
orders. 
Central Act V of 1908. 
8  [Act No. XXXIII of 1956] 
   (ii) if it cannot be so delivered or tendered, by 
delivering or tendering it to the head of the office in which 
such person is employed or to any adult male member of 
the family of such person, or by affixing a copy of it on the 
outer door, or on some conspicuous part of the premises in 
which that person is known to have last resided or carried 
on business or personally worked for gain; or 
 
   (iii) if service cannot be e ffected under sub -clause 
(i) or sub-clause (ii), by post. 
 
 (2) Where the ownership of the land is in disput e or the 
persons interested in  the land are not readi ly traceable and 
the notice or order cannot be served without undue delay, 
service of the notice or order shall be ef fected by publishing 
it in the 11Telangana Gazette, and  where possible, a copy 
thereof may also be affixed on any conspicuous part of the 
land to which it relates. 
 
12. (1) No suit, prose cution or other legal proceeding  shall 
lie agains t any person for anyth ing which i s in good faith 
done or intended to be done in pursuance of this Act or of 
any rule or order made thereunder. 
 
 (2) No suit or other legal proceeding shall lie against 
the Government or the prescribed authority or any officer or 
authority, subordinate to the Government or the pres cribed 
authority, for any damage caused o r likely to be caused by 
anything which is in good faith done or intended to be done 
in pursuance of thi s Act or of any rule or order made 
thereunder. 
 
13. Save as otherwise expre ssly provided in this Act, no 
civil court shall have juri sdiction in respect of any matter 
which the G overnment or the prescribed  authority is 
                                                           
11. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Protection of 
action taken in 
good faith. 
Bar of jurisdiction 
of civil courts. 
[Act No. XXXIII of 1956]  9 
empowered by or under this Act, to determine, and no 
injunction shall be granted by any court or other authority in 
respect of any action taken or to be taken in pursuance of 
any power conferred by or under this Act. 
 
14. 12[(1)] The Government may, by notification in the 
13Telangana Ga zette, make rules for carrying out the 
purposes of this Act. 
 
 (2) Every rule made under this Act shall immediately 
after it is made, be laid before each House of the State 
Legislature if it is in session, and if it is not in session in the 
session immediately following, for a total period of fourteen 
days which may b e comprised in one session or in two 
successive sessions, and if before the expiration of the 
session in which it is so laid or the session immediately 
following, both Houses agree in making any modification in 
the rule or in the annulment of the rule, the  rule shall, with 
effect from the date of notification of such modification or 
annulment in the 13Telangana Gazette, have effect only in 
such modified form or shall stand annulled, as the case may 
be ; so, however that any such modification or annulment 
shall be without prejudice to the validity of anything 
previously done under that rule. 
 
15. The provisions of this Act shall, if the Govern ment so 
direct, apply also to any case in which proceedings have 
been s tarted before the commencement of this Act for the 
acquisition of any land in a slum area under the Land 
Acquisition Act, 18 94 (hereinafter referred to as the said 
Act), but no award has been made  by the Collector under 
section 11 of the said Act before such commencement, as if- 
 
                                                           
12. Section 14 r enumbered as sub -section (1) and sub -section (2) has 
been added by Act 35 of 1981. 
13. Substituted by G.O.Ms.No.45, Law (F) Department dated 01.06.2016. 
Power to make 
rules. 
Application of the 
Act to certain 
pending cases of 
acquisition. 
Central Act I of 1894. 
10  [Act No. XXXIII of 1956] 
 (i) the notification published under sub -section (1) of 
section 4 of the said Act, or 
 
 (ii) the declaration made under section 6 of the said 
Act, or 
 
 (iii) the notice given under sub -section (1) of section 9 
of the said Act,  
 
were a notice to show cause aaainst the acquisition of the 
land served by the Government under the proviso to  
sub-section (2) of section 3 of this Act 
 
16. If any difficulty arises in giving effect to the provisions 
of this Act, the Government may, as occasion may require, 
by order, do anything which appears to them necessary for 
the purpose of removing the difficulty. 
  
Power to remove 
difficulties. 
[Act No. XXXIII of 1956]  11 
THE SCHEDULE. 
[See section 6 (2)] 
 
1. The net average annual income referred to in sub -
section (1) of section 6 shall be one -fifth of the gross rent 
actually derived by the owner from the land acquired and 
the huts and buildings, if any, thereon during the period of 
five consecutive years refe rred to in that sub -section after 
deducting municipal taxes, revenue charges and cost of 
repairs for the said period of five years from such gross rent. 
 
14[2. The gross rent shall be determined by the prescribed 
authority by local enquiry, and, if necessary, by obtaining 
certified copies of extracts from the property tax assessment 
books of the municipal corporation or the municipal council 
concerned showing the rental values of any such lands, 
huts or buildings. The cost of repairs to the huts or b uildings 
on the land shall be calculated at the rate of one month ’s 
rent per year in each case.] 
 
3. Where there are trees on the land acquired, the 
prescribed authority shall take into account the income, if 
any, actually derived by the owner from such tr ees during 
the said period of five years. 
 
4. If the land, huts or buildings thereon remained 
unoccupied, or the owner has not been in receipt of any rent 
for the occupation of such land, huts or buildings during the 
whole or any part of the said period of  five years, the gross 
rent shall be taken to be the income which the owner would 
in fact have derived if the land, huts or buildings had been 
leased out or given for rent during the relevant period and, 
for this purpose, the income actually derived from s imilar 
lands, huts or buildings in the vicinity shall be taken into 
account. 
 
* * * 
                                                           
14. Substituted by Act No.35 of 1981. 

‹ Prev All Telangana acts Next ›