LexThe UTTAR PRADESH SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1962
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act
THE U. P. SLUM AREAS (IMPROVEMENT AND CLEARANCE)
ACT, 19621
[ U. P. ACT No. XVIII of 1962 ]
Amended by
U. P. Act No. 18 of 1981
U. P. Act No. 23 of 1986
U. P. Act No. 27 of 2021
[Authoritative English text of the Uttar Pradesh Slum Areas
(Improvement and Clearance) Act, 1962.]
————
[As passed by the Uttar Pradesh Legislature, r eceived the
assent of the President on November 24, 1962 under Article 201
of the Constitution of India and was published in the Uttar
Pradesh Gazette, Extraordinary, dated December 3, 1962.]
AN
ACT
to provide for th e improvement and clearance of slum
areas, rehabilitation of their residents and protection from
eviction of tenants of such areas.
IT is hereby enacted in the Thirteen Year of the Republic of
India as follows :—
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement.
1. (1) This Act may be called the Uttar Pradesh Slum Areas
(Improvement and clearance) Act, 1962.
(2) It extends to the whole of Uttar Pradesh.
(3) This section shall come into force at once and the
remaining sections shall come into force on such date as the State
Government may, by notification in the official Gazette , appoint, and
different dates may be appointed for different areas of Uttar Pradesh.
Definition. 2. In this Act , unless there is anything repugnant in the
subject or context—
——————————————————————————————————————————
1. For Statement of Objects and Reasons see U. P. Gazette Extraordinary, dated August 26, 1960.
1
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
(a) “arbitrator” means the person appointed as such, by
notification in the official Gazette, by the State Government for the
purposes of this Act ;
(b) “building” includes any structure or erection or any part
thereof, for whatsoever purpose, and of whatsoever material construc-
ted, but does not include plant or machinery comprised in a building ;
(c) “clearance area” means an area which is declarers as such
under section 1 ;
(d) “Competent Authority” means such officer or authority as
the State Government may, by notification in the official Gazette,
appoint for suc h area as may be specified therein for the purposes of
this Act ;
(e) “erection” in relation to a building includes extension,
alteration or re-erection ;
(f) “occupier” includes the following :
(i) any person for the time being paying or liable to pa y rent or
any portion thereof to the owner is respect of any land or building for
which rent is paid or is payable ;
(ii) an owner who is in occupation of his land or building or
uses the same in any other manner ;
(iii) a tenant of any land or building , who is exempted from
payment of rent ;
(iv) a licensee who is in occupation of any land or building ; and
(v) any person, who is liable to pay damages to the owner in
respect of use and 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 his 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 w ere
let to a tenant ;
(h) “prescribed” means prescribed by rules made under this
Act;
(i) “slum area” means an area declared as such under section 3;
(j) “slum clearance” means the clearance of any slum area by
the total or partial demolition or remov al of buildings therefrom and
includes the making of works of improvement in the existing buildings
or land in that area ;
(k) “State Government” means the Government of Uttar Pradesh
; and
(l) “Work of improvement” in relation to any building or land in
a slum area includes the execution of any or more of the following
works ; namely —
2
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
(i) necessary repairs ;
(ii) structural alterations ;
(iii) arrangements for light, including street lighting, and
arrangements for water-supply ;
(iv) construction of roads, parks and drains, open or covered ;
(v) providing latrines ;
(vi) providing additional or improved fixtures or fittings ;
(vii) opening up or paying of court-yards ;
(viii) removal of rubbish ; and
(ix) any other work including the demolition of any buildi ng or
any part thereof which in the opinion of the Competent Authority is
necessary for executing any of the works specified above.
—————
CHAPTER II
SLUM AREAS
Declaration
of slum areas
3. (1) Where the Competent Authority upon information
received or otherwise in its possession is satisfied as respects any area
that a majority of the buildings in that area are —
(a) by reason of dilapidation, over-crowding, faulty arrangement
or design of such buildings, narrowness or faulty arrangement of
streets, lack of ventilation, light or sanitation facilities, or any
combination of these factors, detrimental to safety, health or morals of
the inhabitants in that area ; or
(b) otherwise in any respect unfit for human habitation ; it may,
by notification in the official Gazette, declare such area to be a slum
area.
(2) In determining whether a building is unfit for human
habitation, regard shall be had to the following matters, that is to
say—
(a) extent of necessary repairs ;
(b) stability ;
(c) extent of dampness ;
(d) availability of natural light and air ;
(e) water-supply ;
(f) arrangements for privies, drainage and sanitation ;
(g) facilities for storage, preparation and cooking of food and for
the disposal of waste matter and water ;
3
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
and the building shall be deemed to be unfit as aforesaid if it is so far
defective in one or more of the aforesaid matters that it is not
reasonably suitable for occupation in that condition.
CHAPTER III
SLUM IMPROVEMENT
Power of
competent
authority to
require
improvement
of buildings
unfit for
human
habitation.
4. (1) Where the Competent Author ity upon information
received or otherwise in its possession is satisfied that any building in
a slum area is in any respect unfit for human habitation or any land in
that area requires any work of improvement, it may, unless in its
opinion the building is not capable of being rendered so fit at a
reasonable expense, or the required improvements to the load are not
capable of being affected at reasonable expense serve upon the owner
of the building or the land, as the case may be, a notice requiring him
within such reasonable time, not being less than forty -five days, as
may be specified in the notice or as may be extended by the Competent
Authority from time to time, to render the building fit for human
habitation or execute on the land the works of improve ment, specified
therein. The notice shall also state the things which in the opinion of
the Competent Authority will render the building fit for human
habitation and the required works of improvement on the land together
with the estimated cost of such things and works.
Explanation I —In determining whether a building can be
rendered fit for human habitation at a reasonable expense, or the
required improvement can be effected on the land at a reasonable
expense, regard shall be had to the estimated cost o f the works
necessary to render the building so fit, or of the required improvement
on the land to be effected, and the estimated value of the building or
the land after the works have been completed or improvement effected.
Explanation II —For the purpos e of this sub -section
“reasonable expense” in relation to rendering a building fit for human
habitation means expenses not exceeding fifty per centum of the value
of the building.
(2) In addition to serving a notice under this section on the
owner, the Competent Authority may also serve a copy thereof on any
other person having interest in the building or the land whether as
lessee, mortgagee or otherwise.
Enforcement
of notice
requiring
execution of
works of
improve-
ment.
5. (1) If a notice under section 4 is not complied with, the
Competent Authority may, after the expiration of the time fixed therein
or extended by it from time to time, by itself do, or through such
agency as may be authorized by it in this behalf cause to be done, all
or any of the things 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 may be prescribed,
from the date of demand till the date of payment shall be a first charge
on the building or the land, as the case may be, and may be recovered
4
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
by the Competent Authority from the owner of th e building or of the
land, as the case may be is arrears of land revenue in such
installments as may be fixed in the prescribed manner ;
Provided that the liability of the owner, on his satisfying the
Competent Authority that he—
(a) is receiving the re nt 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 Competent
Authority, shall be limited to the total amount of the money in his
hands as agent or trustee.
(3) If the owner of the building is different from the person who
owns the land on which the building stands and the expenses incurred
by the Competent Authority under this section are recoverable from
both these persons, then such expenses shall be recovered from them
in such proportion as may be determined by the Competent Authority,
having regard to their proportionate value and such other factors as
may be prescribed.
Expenses of
maintenance
of work of
improvement,
etc. to be
recoverable
from the
occupiers of
building.
6. Where works of improvement have been executed in any
building in a slum area in pursuance of the provisions of sections 4
and 5, the expenses incurred by the Competent Authority in
connection with the maintenance of such works of improvement or the
enjoyment of amenities and conveniences rendered possible by such
works, may be recovered from the occupier of the building as arrears of
land revenue. Where there are more occupiers than one the Competent
Authority shal l determine the amount recoverable from each having
regard to the benefits conferred and the services rendered to each.
1[7. [(1)] No person shall except with the previous permission of
the Competent Authority, to be obtained in the manner prescribed
construct a new building or make any extension, or alteration in an
existing building on any land in a slum area.
1[ (2) Where within the period of 90 days from the making of an
application for permission under sub- section (1), no order is
communicated, e ither granting or refusing the permission, the
applicant may by written communication call the attention of the
Competent Authority to the omission or neglect and if such omission
or neglect continues for a further period of 30 days, the Competent
Authority shall be deemed to have permitted such construction,
extension or alteration, as the case may be. ]
(3) Where a new building has been constructed, or extension in
an existing building has been made without the previous permission
1. Ins. by sec. 2 of U. P. Act no. 23 of 1986.
——————————————————————————————————————————
5
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
of the Competent Authority, he may notwithstanding anything to the
contrary contained in any law for the time being in force, serve upon
the owner of the building an order directing him to demolish such
building or extension within such time not being less than one month,
as may be specified in the order ;
Provided that no such order shall be made unless the owner of
the building has been given a reasonable opportunity to show cause
why the order should not be made. ]
(4) Any person aggrie ved by an order refusing permission,
referred to in sub -section (1), or by an order under sub -section (3)
may, within one month from the date of the order, prefer an appeal
against the same to the State Government, whose decision shall be
final.
(5) If the owner of the building fails to comply with an order for
demolition made under sub- section (3) or sub- section (4), the
Competent Authority may by using such minimum force as may be
necessary demolish such building or extension and the costs of
demolition may be recovered from the ow ner as arrears of land
revenue.]1
Power of
Competent
Authority to
order
demolition of
buildings
unfit for
human
habitation
8. (1) Where the Competent Authority upon information
received or otherwise in its possession, is satis fied that any building
within a slum area in 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 building and upon every other person having, within its
knowledge, 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, show cause, within such time as may be
specified in the notice, as to why an order of demolition of the building
be not made.
(2) If the person upon whom a notice under sub -section (1) is
served fails within the period specified in the notice to satisfy the
Competent Authority, even after having been afforded reasonable
opportunity of being heard and producing evidence, if any, that an
order of demolition will not be just and proper, the Competent
Authority shall, except in cases covered by sub -section (3) or as
otherwise provided by or under this Act, pass an order of demolition of
the building or any part thereof, as may be considered necessary by it
for carrying out the purposes of this Act.
(3) No order for the demolition of any building in pursuance of
the notice under sub -section (1) shall, except in provided in sub-
section (4), be passed by the Compensation Authority, if any, of the
1. Ins. by sec. 2 of U.P. Act no. 23 of 1986.
——————————————————————————————————————————
6
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
persons upon whom the said notice has been served, appears before it
and either—
(a) satisfies the Competent Authority that an order of
demolition will not be just and proper ; or
(b) gives an undertaking to it that he shall—
(i) within a period agreed to by the Competent Authority
execute such works of improvement in relation to the building as will
in its opinion render it in for human habitation ; or
(ii) not use the building for human habitation units the
Competent Authority on being satisfied that it has been rendered fit for
that purpose cancels the under taking.
(4) The Competent Authority may, where—
(i) no such undertaking as is mentioned in sub -section (3) is
given ; or
(ii) any such undertaking has been given but any work of
improvement to which the undertaking relates in not carried out to the
satisfaction of the Competent Authority within the specified period ; or
(iii) the building is at any time used in contravention of the
terms of the undertaking.
make an order for the demolition of the building in respect of which a
notice under sub-section (1) has been served, and call upon the occupier
thereof to vacate the building within the period to be specified in the
order, not being less than forty -five days from the date of the service of
the order, and call upon the owner to demolish the building within six
weeks after the expiration of the period allowed for its vacation.
Procedure to
as followed
where
evolution
order has
been made
9. (1) Where an order for the demolition of a building under
section 8 has been made and it is not vacated or demolished within the
time allowed for that purpose, the Competent Authority or any person
authorized by it in this behalf, may cause to be vacated and
demolished. The Competent Authority may for the purpose of vacation
and demolition use such force as may be necessary.
(2) The Competent Au thority may sell by public auction the
materials of a building demolished under sub -section (1) and the
expenses incurred in demolishing the building shall be deemed to have
been reimbursed in full from the sale proceeds thereof ;
Provided that if the o wner of the building desires to remove the
materials or any portion thereof before the auction, he may remove the
same after payment to the Competent Authority within the period fixed
by it, of the entire expenses incurred in the demolition of the building.
CHAPTER IV
Slum Cleareance And Redevelopment
Power to
declare any
slum area to
be a
clearance
area
10. Where the Competent Authority upon information received
or otherwise in its possession is satisfied as respects any slum area, or
any part thereof, that a majority of the buildings in that area
cannot be rendered fit for human habitation or the required works of
7
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
improvement on the land in that area cannot be effected otherwise
than by demolition of the bu ildings therein, it may, by order notified in
the official Gazette, declare the area to be a clearance area.
Show cause
notice
11. The Competent Authority shall, before any area is declared
as a clearance area under section 10, serve or cause to be served a
notice upon every person owning or occupying any building in the area
proposed to be notified as a clearance area, indicating that it is
proposed to declare the area as a clearance area and calling upon him
to show cause within the period mentioned in the notice, not being less
than thirty days, why the order proposed be not passed. The notice
under this section shall also be published in the official Gazette, and
two of the local papers.
Disposal of
objections
12. (1) Any objection received under sect ion 11 shall, after
affording reasonable opportunity of being heard to the objector, be
disposed of by the Competent Authority.
(2) Where the Competent Authority decides that it is necessary
so to do in the public interest it shall declare the area as a clearance
area, and decide which of the buildings in the area be demolished for
the purposes of this Act.
(3) The Competent Authority shall forthwith transmit to the
State Government a copy of the order under sub -section (2), together
with a statement showing ;
(i) the number of persons who on the date of notice issued
under section 11 were occupying the buildings in the area proposed to
be notified as a clearance area ;
(ii) the names of the owners of the buildings together with
necessary particulars of the building, in the area, which are to be
demolished ; and
(iii) the buildings and lands which it would be necessary to
acquire for redevelopment of the area.
(4) The State Government may eit her confirm the order in to or
subject to such variations as may be consideration just and reasonable
by it or reject the order.
(5) If the State Government confirms the order, the order shall
be published in the official Gazette and it shall become operative from
the date of its publication.
Slum
clearance
order
13. (1) The Competent Authority shall, as soon as may be, after
a slum area has been declared to be a clearance area in accordance
with the provisions of sections 10 and 12, and it has become operative
under sub-section (5) of section 12, make a slum clearance order in
respect of that area ordering vacation, within a period specified therein,
not being less than thirty days from the date of service of order, of all
such buildings which have to be demolished in pursuance of the
8
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
of the decision under section -12 by the owner or occuper in the case
may be, of the buildings and directly the owner to demolish the same
within six weeks of the date by which vacation is required by the order
of before the expiry of such furhther period as the competent authority
may, considering the circumstances of the case, specify in this behalf.
(2) Where the owner or the occupier of a building fails to vacate
the same within the period specified in the order under su b-section (1)
the Competent Authority shall cause in to be vacated and may use
such force for that purpose as may be necessary.
(3) If any building is not demolished before the expiration of the
period fixed therefore under sub-section (1), the Competen t Authority
may enter and demolish the same and sell the materials thereof by
public auction and the expenses incurred in the demolishing of the
building shall be deemed to have been reimbursed in full from the sale
proceeds thereof the balance if any, of the amount of sale process at
the materials, after deducting the cost of demolition of the building and
the expenses on sale of the materials thereof, shall be paid to the
owner of the building in the manner prescribed ;
Provided that if the owner of t he building desires to remove the
materials or any portion thereof before the auction, he may remove the
same after payment to the Competent, Authority within the period
fixed by it, of the entire expenses incurred in the demolition of the
building, within the time prescribed by it.]
(4) Where any building has been demolished in pursuance of an
order under this section the Competent Authority shall as far as may
be, offer temporary alternative accommodation to the occupier of the
building, in such manner and to such extent as may be prescribed.
Power to refuse
permission to
redevelop the
land to a
clearance area
14. As and from the date a slum clearance order becomes
operative in any area, no person shall, except as hereinafter provided,
build upon any land, or make any alteration or repairs in any building,
in that area, except in accordance with plans approved by the
Competent Authority and with his prior approval in writing.
Redevelopment
of land in
settlement
area
15. (1) The Competent Authority shall, on the application of the
owner of any land or building in a clearance area which is not intended
to be acquired for the purposes of this Act, permit him, subject to such
conditions and regulations as may be prescribed, to make fresh
constructions on such land or alterations or repairs in such building.
(2) Where an application under sub-section (1) is not disposed
of by the Competent Authority within a period of thirty days from the
date of its receipt, the owner of the land or building seeking to make
construction on such land or alterations or repairs in such building
may, after expiry of fifteen days from the date of service of a further
notice intimating the Competent Authority of his intention so to do,
make fresh construction on such land or alterations or repairs in such
building subject to such conditions and regulations as may otherwise
have been imposed under the plan approved by the Competent
Authority and any existing law relating to the construction of
buildings.
9
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
Power of
Competent
Authority to
redevelop
clearance area
or any part
thereof
16. (1) Where land has been cleared of buildings in accor dance
with a slum clearance order, the Competent Authority may, at any
time after the expiry of thirty days from the date of demolition of all
buildings in that area in respect of which decision for demolition has
been taken under section 12 determine to redevelop the land in the
area, or in part thereof, not being land which on the date of the making
of the order has been, or is in the process of being redeveloped by the
owner of the land or of the building entitled to do so, in accordance
with the provisi ons of section 15 and in accordance with the plan
prepared by it, the owner of the land or building, entitled to do so, has
developed or is redeveloping in accordance with the provisions of
section 15 and plan approved by it.
(2) Where the Competent Authority has determined to redevelop
the land under sub -section (1), it shall be its duty to do so, as far as
may be, within a period of two years from the date of determination.
(3) Where the Competent Authority is unable or fails, to
redevelop the land within the period of two years it shall report to the
State Government the reasons for its inability or failure. The State
Government may thereupon require the redevelopment of the land to
be completed within such period as it may fix in this behalf.
————
CHAPTER V
ACQUISITION OF LAND
Power of State
Government to
acquire land
17. 1[ (1) (a) Where the Competent Authority, on information
received or otherwise in its possession, is satisfied that acquisition of
any land or building or both in a slum area or in a clearance area is
necessary for the purpose of executing any work of improvement in
relation to any building or land or for carrying out order of demolition
of building in that area or for the purpose of redevelopment of any
clearance area or rehab ilitation of residents of slum area, it may, by
notification in the official Gazette, declare its intention to acquire such
land or building or both.
(b) The Competent Authority shall—
(i) publish in two daily newspapers circulating in the locality, of
which at least one shall be in the regional language,
(ii) cause to be affixed at convenient places in the locality.
(iii) send by registered post or otherwise, to all owners of, and
other persons interested in, the land or building, whose names and
addresses are known to, or can reasonably be ascertained by, the
Competent Authority, a notice to show cause within such time as may
be specified in the notice, why the land or building referred in such
1. Subs. by sec. 3 of U. P. Act no. 23 of 1986.
——————————————————————————————————————————
10
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
notice may not be acquired for the purposes of this Act. ]
(2) Any objection filed in pursuance of the notice under sub -
section (1) shall, after affording reasonable opportunity of being heard
to the objector, be disposed of by the Competent Authority in such
manner as may be prescribed.
(3) The Competent Authority shall thereupon, submit its
recommendations, as to the land or buildings which are proposed to be
acquired for the purposes of this Ac t, to the State Government for
decision thereon.
(4) Where, on receipt of the recommendation of the Competent
Authority, the State Government decides that the acquisition of such
land or building is necessary in public interest, for the purposes of this
Act, it shall by publication in the official Gazette make a declaration to
that effect. The publication of the declaration shall constitute sufficient
notice to all persons concerned.
(5) Upon the publication of the notification under sub -section
(4) the land or building specified therein shall, with effect from the date
of the publication, vest absolutely in the State Government free from
all encumbrances.
Land
acquired by
the State
Government
to be made
available to
the
Competent
Authority
18. (1) Whe re any land or building has been acquired under
this Act, the State Government shall make it available to the
Competent Authority for the purpose of executing any work of
improvement or for carrying out order of demolition or for the purpose
of redevelopment or rehabilitation of inhabitants of slum areas or for
any other purpose under this Act and thereupon the Competent
Authority shall utilize the land or building so made available for the
said purpose.
(2) Where any houses have been constructed on the land made
available to the Competent Authority under sub -section (1), the same
shall, as far as it may be possible so to do, be first offered for allotment
to the occupiers of the buildings demolished in that area in such
manner and subject to such conditions as may be prescribed.
1[Explanation— Where a house or part thereof, or vacant land
is to be allotted to any person under this Act, the Competent Authority
may lease out the same to the allottee for such period and on such
rent and other conditions as may be prescribed. ]
Payment of
compensa-
tion
19. (1) Every person whose land or building or any interest
therein has been acquired under the provisions of this Act shall be
entitled to, and be paid, compensation by the State Government in
accordance with the provisions of this Act in the manner prescribed.
(2) The payment of compensation in accordance with the
provisions of this Act shall be full discharge of the liability of the State
1. Ins. by sec. 2 of U. P. Act no. 18 of 1981.
——————————————————————————————————————————
11
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
Government to make such payment to the person as may have
rightful claim, but shall not prejudice any right in respect of such
compensation which any other person may be entitled to enforce
against the person to whom payment is so made.
Determination
of compensa-
tion.
20. (1) The amount payable as compensation in respect of any
land or building acquired under this Act shall be an amount equal to
one hundred times of the net average monthly income actually
derived from such land or building during the period of five
consecutive years immediately preceding the date of publication of
the declaration under sub-section (4) of section 17.
(2) The net average monthly income referred to in sub -section
(1) shall be calculated in the manner and in accorda nce with the
principles set forth in the Schedule.
(3) The Competent Authority shall, after holding inquiry in
such manner as may be prescribed, provisionally determine in
accordance. with the provisions of sub -section (2) the net average
monthly income of the land or building and serve or cause to be
served upon the owner of the land or building and every person
having interest therein, a notice along with a memo of the provisional
net monthly average income of the land or building as determined by
it, to make objection thereto, if any, by the date specified in the notice
(4) Any objection made in pursuance of the notice under sub -
section (3) shall, after affording reasonable opportunity of being heard
to the objector, be disposed of by the Competent Authority.
(5) Where no objection is made in pursuance of the notice
under sub-section (3) against the provisional determination of the net
average monthly income of the land or building within the time fixed
therefor, in the notice or where objections have been made, after the
same have been disposed of under sub -section (4), the Competent
Authority shall, by publication in the official Gazette, declare the net
average monthly income of the land or the building as finally
determined by it.
(6) Any person feeling aggrieved with the final determination of
the net average monthly income by the Competent Authority under
sub-section 5 may, within thirty days from the date of publication
thereof, prefer an appeal to the Commissioner of the Division or such
other authority or court as may be notified in this behalf by the State
Government.
(7) The Appellate Authority shall, after affording reasonable
opportunity of being heard to the appellant, determine the net
average monthly income of the land or building , whose decision in
this regard shall be final and be not questioned in any court of law.
Apportionment
of
compensation
21. (1) Where several persons claim to be interested in the
amount of compensation determined under section 20, the Competent
12
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
Authority shall determine the persons who, in its opinion are entitled
to receive compensation and the amount payable to each one of them.
(2) If any dispute arises as to the apportionment of
compensation 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 Arbitrator.
Act I of 1894 (3) The Arbitrator in deciding a dispute referred to under sub -
section (2) shall, as far as may be, follow the provisions of Part III of
the Land Acquisition Act, 1894.
Payment of
compensa-
tion or
deposit of
the same in
court
22. (1) The Competent Authority shall, after final determination
of the amount of compensation, tender payment of and pay, the
compensation on behalf of the State Government to the persons
entitled thereto.
Act I of 1894
(2) If the persons entitled to the compensation as determined by
the Competent Authority or the Arbitrator, as the case may be, do not
accept the same or if there be any dispute as to the apportionment
thereof, the Competent Authority shall deposit it in the court of the
District Judge and that court shall deal with the amount so deposited
in the manner laid down in sections 32 and 33 of the Land Acquisition
Act, 1894.
—————
CHAPTER VI
PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION
Tenant in
slum areas
not to be
evicted
without
permission of
the
Competent
Authority
23. (1) No decree or order for the eviction of a tenancy from any
building or land in a slum area shall, except as hereinafter provided
and till such time the declaration under section 3 is in force, be
capable of being executed ; anything contained in any other law for the
time being in force to the contrary notwithstanding.
(2) A decree or order referred to in sub-section (1) may be put
into execution after obtaining the permission of the Competent
Authority in accordance with the provisions of sub-section (3).
(3) An application for obtaining the permission of the
Competent Authority under sub-section (2) shall be made in such form
and contain such particulars as may be prescribed.
(4) On receipt of such application the Competent Authority,
after affording reasonable opportunity to the applicant and the tenant
of being heard and after making such inquiry into the circumstances of
the case as it thinks fit, may, where it is of the opinion that the
execution of the decree or order shall defeat or be detrimental to the
enforcement of the provisions of this Act, reject the application but in
all other cases grant it.
(5) Where the Competent Authority refuses to grant the
permission, it shall record in brief its reasons for such refusal and
make available a copy thereof to the applicant.
13
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
Right of
Appeal.
24. Any person aggrieved by an order of the Competent
Authority under sub-section (4) of section 23 may, within thirty days of
the date of receipt of order, prefer an appeal against it to the
Commissioner of the division, or such officer or court as may be
notified in this behalf by the State Government whose decision thereon
shall be final and be not questioned in any court of law.
—————
CHAPTER VII
MISCELLANEOUS
Power of
entry and
inspection
25. (1) Upon the issue of a declaration under section 3 in
respect of an area as a slum area or under section 10 in respect of a
clearance area, the Competent Authority or any other person
authorized by it in this behalf may —
(a) enter into any building or upon any land in such area with
or without assistants or workmen in order to make any inquiry,
inspection, measurement, valuation or survey, or for the execution of
any work which is necessary and is authorized by or under this Act or
the rules made thereunder ;
(b) Inspect any drain, urinal, cess-pool, pipe, sewer or channel
in or on any building or land in such area, and in his direction cause
the ground to be opened for the purpose of preventing or removing any
nuisance arising from the drain, latrine, urinal, cess-pool, pipe, sewer
or channel, as the case may be ;
(c) examine works under construction in such area, to take
levels or to remove, test, examine, replace or read any meter ;
(d) make any entry into any place to open or cause to be opened
any door, gate or other barrier—
(i) if he considers the opening thereof necessary for the purpose
of entry authorized by or under this Act ; and
(ii) if the owner or occupier is absent or being present, refuses
to open such door, gate or barrier ;
(e) enter on any land with or without assistants or workmen
within fifty yards of any work in such area, which is authorized by or
under this Act, or the rules made thereunder, for 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
therewith.
(2) Any person authorized under sub-section (1) so to enter
shall, before entering on any land, state the purpose thereof, and shall,
14
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
if so required by the occupier or owner, fence off so much of the land
as may be required for such purpose.
(3) No entry authorize d by or under this Act shall be made
except between the hours of sun-rise and sun-set.
(4) Except as otherwise provided in this Act, no building or land
shall ordinarily be entered into 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 th e place to
be inspected is a shed for cattle or a latrine, urinal or work under
construction.
(5) The person authorized under sub -section (1) shall in
exercising any power conferred by this section avoid causing damage
as far as may be possible.
(6) Where any damage is caused to any building or land by any
person while exercising any power conferred by this section, the
damage shall in the first instance be made good by restoring the
building or the land, as the case may be, to its condition as it existed
prior to its being damaged by the person authorized under this section.
(7) Where the Competent Authority is of the opinion that the
building or the land, to which damage has been caused by a person
exercising any power conferred by this section, can not in its opinion be
put into the condition, as it existed prior to its being damaged by the
person authorized under this section, a reasonable amount of
compensation shall be determined therefor by it and paid to the owner
or occupier of such building or land or to both ;
Provided that any owner or occupier who does not to the
amount of compensation determined by the Commissioner Authority
may prefer an appeal to the Commissioner of the division who shall,
after affording reasonable opportunity of bein g beard to the parties
concerned, give his decision thereon. The decision of the Commissioner
shall be final and conclusive and be not questioned in any court of law.
Power of
eviction to
be exceed
only by the
Competent
Authority
26. Where the Competent Authority is satisfied upon
representation by the owner of a building or upon other information in
its possession that the occupants of the building have not vacated it in
compliance with any notice, order or direction issued or given by it
under this Act or the rules made thereunder it may, by order in
writing, direct the eviction of the occupation therefrom in such manner
and within such time as may be specified in the order and may, for
this purpose, 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 afford reasonable opportunity to the
occupants of the building to show cause against the order proposed.
15
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
Power to
remove
offensive or
obnoxious
trades from
slum areas.
27. (1) Where the State Government is of the opinion the any
trade is offensive or obnoxious to the health, morality or safety of the
persons residing in a slum area it may, by notification in the official
Gazette, make a declaration to that effect.
(2) On publication of the declaration under sub -section (1) the
Competent Authority shall, after affording reasonable opportunity of
being heard to a person carrying on a trade, specified in the
declaration, direct him in writing to remove the same from the slum
area within such time as may be specified in the direction.
(3) If any person fails to remove the trade in a slum area within
the time specified in the direction under sub -section (2) the Competent
Authority shall cause it to be removed and may for this purpose use or
cause to be used such force as may be necessary.
Powers of
officers and
authorities in
hearing and
disposal of
objections
and the
procedure to
be followed
28. Any officer or authority holding an enquiry or hearing an
objection under this Act, shall, in so far as it may be applicable, have
all the powers and privileges of a civil court, and follow such procedure
as may be prescribed.
Appeals. 29. (1) Except as otherwise expressly provided in this Act, any
person aggrieved by any order passed or direction issued by the
Competent Authority may appeal to the Commissioner of the division,
or such other officer or court as may be notified in this behalf by the
State Government, within a period of thirty days from the date of
receipt of such order or direction.
(2) Every appeal under this Act shall be made by petitions in
writing accompanied by a copy of the order or directions a ppealed
against.
(3) Where an appeal is preferred under this Act the appellate
Authority may stay enforcement of the order passed or direction issued
by the Competent Authority for such time and on such conditions as
may be deemed fit.
(4) In hearing and deciding an appeal under this Act, the
Appellate court shall have all the powers and the privileges of a civil
court and follow the procedure for the hearing and disposal of appeals
laid down in the Code of Civil Procedure, 1908.
Act V of
1908.
(5) Where under the provisions of this Act an appeal lies to the
District Judge, the District Judge may either hear the appeal himself
or transfer it for hearing to any Civil Judge subordinate to him.
Revisional
Powers of the
State
Government
(6) The State Go vernment may at any time either on its own
motion or on application made to it in this behalf, call for the record of
any case disposed of by the Competent Authority or any other person,
authority, officer or Court under the Act or the rules made thereunder,
16
[The U.P. Slum Areas (Improvement and Clearance) Act, 1962]
for the purpose of satisfying itself as to the legality or propriety of any
order passed or direction is sued and may pass such order or issue
such direction in relation thereto as it may think fit ;
Provided that the State Government shall not pass an order
prejudicial to any person without affording such person a reasonable
opportunity of being heard.
Penalties 30. Whoever does any act in contravention of any notice, order
or direction issued or given under this Act or the rules made
thereunder or commences or causes to be commenced any work, in
contravention of any restriction or condition imposed under sections
14 and 15, or of any plan for the redevelopment of a clearance area,
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, and in case of continuing co ntravention to a further fine
not exceeding of continuing contravention to a further fine not
exceeding rupees fifty for each day during which the contravention
continues.
Offences by
companieExcerpt shown. Open the full act in Lexace.