The Telangana SIum Improvement (Acquisition of Land) Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE 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.
Lex