The Calcutta Slum Clearance And Rehabilitation Of Slum-dwellers Act, 1958

West Bengal Act XX of 1958 
THE CALCUTTA SLUM CLEARANCE AND REHABILITATION 
OF SLUM-DWELLERS ACT, 1958. 
[Passed by the West Bengal Legislature:] 
[Assent of the President was first published in the Calcutta Grudge, Extraordinary, of the Nth December, 1958.] 
[30th December, 1958.] 
An Act to provide for the clearance of slums in Calcutta and 
Rehabilitation of Slum-dwellers and for certain other 
matters connected therewith. 
WHEAFAS it is expedient to provide for the clearance of slums 
iu Calcutta and wherever possible for the erection of planned build-
ings after demolition of existing huts and other structures in such 
slums in the manner hereinafter appearing with a view to the 
removal of insanitary and unhygienic conditions prevailing therein, 
the provision of better accommodation and improved living condi-
tions for the slum-dwellers, and the promotion of public health 
generally, and for certain other matters connected therewith ; 
It is hereby enacted in the Ninth year of the Republic of 
India, by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the Calcutta Slum Clearance Short title, 
and Rehabilitation of Slum-dwellers Act, 1958. 	 commence- ment 
(2) It shall come into force on such date as the State Govern- andextent.  ment may by notification appoint. 
(3) It shall apply to Calcutta or to such portion or portions 
thereof as the State Government may, from time to time, by 
notification declare. The State Government may by notification 
extend it to any other town or local area in West Bengal specified 
in such notification. 
Explanation.—In this sub-section, "Calcutta" means the area 
Act described in Schedule I to the Calcutta Municipal Act, 1951, as in.  XXXII deemed to have been amended under section 594 of that Act. 
1961. 
in. Act 1 of 
ln8al XV of 32. 
2. In any area to which this Act applies— 	 Repeal : 
Rd sections 393 to 413 (both inclusive) of, and Parts VIII pa and  b 
and IX of Schedule XVI to, the Calcutta Municipal bi en  Act, 1951, and sections 335 to 362 (both inclusive) erection or 
of, and Parts VIII and IX of Schedule XVII to, the addition 
Calcutta Municipal Act, 1923, as extended to the j onati nt,,, 
Municipality of Howrah by notification No 260M., hut, eta. dated the 18th January, 1932, by the Government of 
Bengal in the Ministry of Local Self-Government and 
sections 334 to 317 (both inclusive) of, and Sections 
E, F and G and Form B of Schedule VI to, the Bengal 
Municipal Act, 1932, as the case may be, shall stand 
repealed, and 
2 	 The Calcutta Slum Clearance and Rehabilitation of 
Slum-dwellers Act, 1958. 
[West Ben. Act 
(Sections 3, 4.) 
(b) notwithstanding anything contained in any of the aforesaid 
Acts, no new hut or collection of huts shall be erected 
or no addition to, or alteration in, any such hut or 
collection of huts, shall be made in such area except 
with the permission in writing of the prescribed 
authority and subject to such restrictions or conditions, 
if any, as may be prescribed. 
Defini-tions. 3. In this Act, unless there is anything repugnant in the 
subject or context,— 
(1) "hut" means any structure, no substantial part of which, 
excluding the walls up to a height of eighteen inches 
above the floor or floor-level, is constructed of masonry, 
reinforced concrete, Ferro-conerete, cemented brick-
work, steel, iron or other metal, or any combination of 
these materials ; 
"notification" means a notification published in the 
Official Gazette; 
"prescribed" means prescribed by roles made under this 
Act ; 
(4) "prescribed authority" means any person appointed 
by the State Government, by notification, to perform 
all or any of the functions of the prescribed authority 
under this Act ; 
"slum" means any land containing a collection of huts 
or other structures used or intended to be used for human 
habitation ; 
(6) "slum-area" means any area declared as such by the State 
Government under section 4. 
(2)  
(3)  
(5) 
Denten, 	 4. (1) If the State Government is satisfied that in any crea— 
tion of slum-area. 
	
	 (a) the huts or other structures used or intended to be used for 
human habitation are unfit for such purposes, or 
(6) the unhealthy or unhygienic condition thereof or of the 
huts or other structures therein, is dangerous or 
injurious to public health or to the health of the inhabi-
tants of the area, 
the State Government may, by notification, and in such other 
manner as may be prescribed, proclaim its intention to declare 
such area to be a slum-area. 
Pte. CgEau66a Awl Clearance and Raltabilitation, of 	 3 
Slum-dwellens act, 1954. 
XX of 1953.] 
(Section 5.) 
(2) Upon the publication of such a notification and within 
two months of such publication, the person or persons affected by 
such notification may make representations in writing to the State 
Government, stating the grounds of their objection to the in-
tended declaration. 
(3) Upon consideration of such representations, if any, the 
State Government may withdraw the notification mentioned in 
sub-soetion (1) or may, by notification, declare such area or any 
portion thereof to be a slum-area. 
5. (1) The State Government may, within one year after Acquisition 
an area has been declared a slum-area under sub-section a SIUM- 
(3) of section 4, acquire the land comprised in such area to-
gether with all huts and other structures standing thereon by 
publishing in the Official Gazette and in such other manner as may 
be prescribed a notice to the effect that the State Government has 
decided to acquire such land together with all huts and other 
structures standing thereon. 
(2) When a notice is published as aforesaid, any officer of the 
State Government, authorised by it in this behalf, may take pos-
session of the land comprised in the slum-area together with all 
huts and other structures standing thereon, and thereupon such 
land and huts and other structures shall vest absolutely in the 
State Government free from all encumbrances : 
Provided that such officer shall not take possession of any 
hut or other structure until the expiration of two months from 
the date of service of a notice to quit such hut or other structure 
which shall be served in such manner and on such persons as may 
be prescribed. 
(3) If such notice is not complied with by the person con-
cerned mentioned in the proviso to sub-section (2), the officer re-
ferred to in that sub-section may— 
(a) if he is a Magistrate, enforce the delivery of possession to 
himself of the hut or other structure, in respect of 
which the notice has been served, or 
(b) if he is not a Magistrate, apply to the Commissioner of 
Police, Calcutta, or to a Magistrate, as the case may 
be, and such Commissioner or. Magistrate shall enforce 
the delivery of possession of such hut or other structure 
to such officer: 
Provided that the provisions of sub-sections (2) and (3) shall 
not apply unless the State Government has offered 
alternative accommodation as near as may be within 
a radius of one mile from the slum-area to the occupier 
of such hut or other structure at a rent which the State 
Government is satisfied is comparable to what was 
being paid by the occupier or if no rent was being paid 
4 	 The CaRana Slam Clealance and Rehabilitation of 
Slum-dwellers Act,1958. 
[West Ben. Act 
(Section 6.) 
by the occupier, what was payable for similar accom-
modation in the locality and the occupier has refused 
or neglected to occupy such alternative accommoda-
tion within the time prescribed. 
(4) Before taking possession under sub-section (2) or sub-sec-
tion (3) of the land and huts and other structures, the officer shall 
pay such amount to the occupier as may be prescribed on account 
of— 
(a) cost of removal, 
(b) cost of dismantling and re-erecting any plant, machinery 
or such other equipment used for any trade or industry, 
and 
(c) compensation for any temporary loss of occupation. 
Utilisation 
of slum. 
area for 
building 
and other 
public 
purposes. 
6. (1) On the removal of the occupiers from all huts and other 
structures in pursuance of the provisions of sub-sections (2) and 
(3) of section 5, the State Government may take all necessary 
measures to clear the acquired land by the demolition of all huts 
and structures therein and to erect thereon buildings according to 
such plan as may be approved by it. 
(2) The State Government may itself execute or cause to be 
executed the measures referred to in sub-section (1) or may en-
trust the execution to such local authority or any other public 
authority constituted by Government and on such terms and con-
ditions as may be determined by the State Government. 
(3) The buildings so erected or the huts remodelled under sub-
section (6) will be let out to slum-dwellers and to persons of such 
]ow income groups as may be prescribed. 
(4) The terms and conditions for letting out the buildings 
erected or the huts remodelled under the provisions of sub-section 
(3) shall be such as may be prescribed. 
(5) Where the acquired land is unsuitable for the construction 
of any building as aforesaid on the ground that the area is small, 
or on any other ground, the State Government may use it for such 
public purposes as it thinks fit. 
(6) The State Government may, instead of demolishing huts 
and other structures and erecting buildings, take measures to 
remodel the slum in such manner and subject to such conditions as 
may be prescribed. 
a Sum Clearance and Penabilitation of 
Sluen-dwellers Act, 1958. 
XX of 1958.1 
(Section 7.) 
7. (1) Any person having any interest in any land or hut or Compen-
structure acquired under this Act shall be entitled to receive from satin". 
the State Government compensation calculated according to the 
principles enumerated below, namely 
(a) For the interest of the owner of the land—
compensation equal to the sum of- 
11 Value of the land determined according to the following 
table 
Table 
Amount of purchase price. 
(I) For the fast Rs. 5,000 or 
less of the amount of pur-
chase price. 
(2) For the next Rs. 5,000 or 
less of the amount of pur-
chase price. 
(3) For the next Rs. 5,000 or 
less of the amount of pur-
chase price. 
(4) For the next Rs. 5,000 or 
lees of the amount of pur-
chase price. 
For the balance of the pur-
chase price. 
(5)  
Value for pur- 
pose of com- 
pensation. 
100 per centum 
of the amount. 
80 per centum of 
the amount. 
70 per centum of 
the amount. 
60 per cantina of 
the amount. 
55 per centum of 
the amount. 
and, 
(ii) Ten times the net annual income derived or derivable by 
the owner from any huts and structures owned by him. 
Explanation.—"Purchase price" means the price which 
the land fetched or could have fetched in any trans-
action involving the sale or purchase thereof on the 
Slat day of December, 1946. 
(b) For the interest of a lessee or a sub-lessee of the land—
compensation equal to the amount derivable by him 
for the unexpired period of the lease calculated on the 
basis of his net annual income from the land and from 
any huts and structures owned by him provided that 
when the unexpired period of the lease is ten years or 
The Calcutta Slum. Clearance and Rehabilitation ;.,o 
Slum-dwellers Act, 1958. 
[West Ben.. Ael 
(Section 7.) 
more or when the period of the lease is not specified, 
the amount of compensation shall not exceed the 
amount indicated in the following table : 
Table 
Amount of the net annual in- Amount of eompenea- 
come. 	 tion. 
For the first Rupees One Twenty times the 
hundred or less of the net 	 amount. 
annual income. 
For the next Rupees One Fifteen times the 
hundred and fifty or less of 	 amount. 
net annual income. 
For the balance of the net Ten 	 times the 
annual income. 	 amount. 
Explanation.—A lessee or sub-lessee will include a thika 
tenant as defined in the Calcutta Thika Tenancy Acts  West Ben. 
1949, or a tenant who does not hold under an instal- Act 	 cif 1949. ment in writing. 
(c) For the interest of the owner of any hut or other structure--
compensation equal to the cost of construction of a 
similar hut or other structure as on the date of vesting, 
after deducting therefrom an amount on account of 
depreciation calculated at such percentage as may be 
prescribed having regard to the nature of the materials 
used in the construction. 
Explanation.—(i) "Gross income" means the aggregate of 
the amounts received or receivable during a year by 
the owner or the lessee or the sublessee on account of 
the rent of the land and of any huts or structures owned 
by him. 
(l) "Net income" means the amount arrived at by deducting 
from the gross income— 
(a) the annual rents and taxes payable by the owner or 
the lessee or the sub-lessee for such land, huts and 
structures ; 
(b) the cost of repairs and maintenance of the huts and structures, if any, calculated at ten per centum of the 
gross income-; 
(0 the cost of management and collection calculated at 
six per centum of the gross income. 
(iii) "Not annual income" means the average of the net 
income calculated over a period of five consecutive 
, years preceding the date of vesting. If only a por-
tion of the land was let out for any period during the 
The Calcutta Slum Clearance and Rehabilitation of 	 7 
Slum-dwellers Act, 1958. 
XX et 1958.3 
(Sections 8-11.) 
five consecutive years as aforesaid, then the gross 
income for the portion so let out shall be the basis for 
determining the gross income of the entire land for 
such period. 
(2) Where several persons claim to be entitled to compensation 
payable for any land or hut or structure under sub-section (1), the 
prescribed authority Anil determine the persons who, in his opinion, 
are entitled to receive the same and apportion the amount among 
them. 
(3) Determination of persons entitled to receive the com-
pensation and the amount payable to each of them by the prescribed 
authority shall, subject to appeal as hereinafter provided, be 
final and conclusive. 
8. The compensation mentioned in section 7 shall be paid and Determi. 
satisfied by issue of bonds by the State Government which shall nation 
bear interest at the rate of 5 per centum per annum -with effect tjam Pend 
from the date of vesting referred to in sub-section (2) of section manner of 
6. The said bonds shall be redeemed and paid in full at the face payment 
value thereof immediately on the expiry of twenty years from the thereof. 
date of their issue but the State Government shall be at liberty to 
redeem and pay such bonds or any part thereof before the expiry 
of the said twenty years : 
Provided, however, that the State Government shall, where 
the compensation does not exceed Rs. 5,000, pay such 
compensation in cash and where the amount of the compensation 
exceeds Rs. 5,000, pay an amount not exceeding Rs. 5,000 in cash 
and the balance in bonds. 
9. (1) Any person aggrieved by an order made under section APPea 
7 may, within sixty days from the date of such order, prefer 
an appeal to such authority as may be appointed by the 
State Government. 
(2) The authority appointed to hear appeals may entertain an 
appeal even after the expiry of the period of sixty days, 
if he is satisfied that the appellant was prevented by suffi-
cient cause from preferring the appeal in time. 
(3) The State Government shall not appoint any person as the 
authority;to hear appeals unless he is, or has been, or is qualified 
for appointment as, a Judge of a High Court. 
10. No suit shall lie against any person in respect of anything Indemnity.. 
which is in good faith done or intended to be done under this Act. 
11. (1) The State Government may, after previous publi- Power 
cation, make miles for carrying out the purposes of this Act. 	 to make rules 
(2) In particular and without prejudice to the generality of 
the foregoing power, such rules may provide for all or any of the 
matters which, under any provision of this Act, are required to be 
prescribed by rules. 
WBGP.38/9.77434-6M 

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