The West Bengal Slum Areas ( Improvement And Clearance ) Act, 1972

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act X of 1972 
THE WEST BENGAL SLUM AREAS 
(IMPROVEMENT AND CLEARANCE) ACT, 1972. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 4th May, 1972.] 
[4th May, 1972.] 
An Act to provide for the improvement and clearance of the slum areas in 
West Bengal and for matters connected therewith or incidental 
thereto. 
WitEREAs it is expedient to provide for the improvement and clearance 
of the slum areas in West Bengal and for matters connected therewith or 
incidental thereto; 
It is hereby enacted in the Twenty-third Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Slum Areas 
(Improvement and Clearance) Act, 1972. 
(2) It extends to the whole of West Bengal except the places which are 
2 of 1924. declared as Cantonments under the Cantonments Act, 1924. 
(3) Save as otherwise provided in this Act the powers of the State 
Government and the prescribed authority conferred by or under this 
Act shall be restricted to the area declared as slum area under section 3 of 
this Act. 
Short title 
and extent 
West Ben. 
Act XIV of 
1965. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Calcutta Metropolitan District" means the area described as 
such in the Schedule to the Calcutta Metropolitan Planning 
Area (Use and Development of Land) Control Act, 1965; 
(b) "hut" means any structure, no substantial part of which, 
excluding the walls up to a height of fifty centimetres 
above the floor level, is constructed of masonry, reinforced 
concrete, ferro-concrete, cemented brick work, steel, 
iron or other metal or any combination thereof or pre-
fabricated materials; 
63 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act 
(Section 2.) 
(c) "intermediary" means a proprietor, a tenure-holder, a lessee or 
a sub-lessee or holder of any other tenancy interest in land, 
whether liable to pay any rent or not, but does not include 
a thika tenant; 
(d) "notification" means a notification published in the Official 
Gazette; 
(e) "occupier", in relation to any land, hut or other structure, 
includes— 
(i) any person who, for the time being, is paying, or liable to 
pay, to the owner, the rent or any portion of the rent 
thereof, 
(ii) an owner in occupation of, or otherwise using, such land, 
hut or other structure, 
(iii) a rent-free tenant, 
(iv) any person who is a licensee in occupation, and 
(v) any person who is liable to pay to the owner damages for 
the use and occupation of such land, hut or other structure; 
(I) "owner", in relation to a land, hut or other structure, includes 
any person who is receiving or is entitled to receive the rent 
of such land, hut or other structure 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 land, hut or other structure were let to a tenant; 
(g) "prescribed" means prescribed by rules made under this Act; 
(h) "prescribed authority" means— 
(i) in respect of any area within the Calcutta Metropolitan 
District,— 
(a) unless otherwise specified by the State Government, the 
Calcutta Metropolitan Development Authority 
constituted under section 3 of the Calcutta West Ben. 
Metropolitan Development Authority Act, 1972, or A 	of 19,7ct2xL.  
(b) such local authority, having jurisdiction over any slum 
within such area, as the State Government may, on the 
recommendation of the Calcutta Metropolitan 
Development Authority, specify, 
(ii) in respect of any other area, the local authority having 
jurisdiction over the area or any other authority, 
empowered by the State Government by notification, to 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
X of 1972.] 
(Sections 3-6.) 
West Ben. 
Act II of 
1949. 
perform the functions of the prescribed authority under 
this Act in such area ; 
"slum area" means the area declared as such by the State 
Government under section 3 ; 
0) "thika tenant" has the same meaning as in the Calcutta Thika 
Tenancy Act, 1949. 
3. If the State Government is satisfied that the conditions of the land, 
huts or other structures in any area is such that the continued existence of 
such conditions would be injurious to public health or safety or to the 
health, hygiene or morals of the inhabitants of such area, it may, by 
notification, and in such other manner as may be prescribed, declare such 
area to be a slum area. 
4. No new hut or other structure shall be erected, and no substantial Erection of, 
addition to, or material alteration in, any existing hut or other structure o addition r 
alteration 
shall be made, in any slum area except with the previous permission in to, hut or 
writing of the prescribed authority, obtained in such manner as may be  other 
'prescribed, and in accordance with such general or special conditions, ifsbetzucto
de 
to 
any, as the prescribed authority may impose. 	 with prior 
ma
re 
 
permission. 
(i) 
Declaration 
of slum area. 
5. (1) Where any work in connection with the erection of a new hut 
or other structure or addition to, or alteration in, an existing hut or other 
structure, has been commenced, is being carried on, or has been completed, 
in contravention of the provisions of section 4, the prescribed authority 
may, after giving the owner of the hut or other structure, a reasonable 
opportunity of being heard, serve a notice upon such owner requiring him 
to demolish so much of the new hut or other structure as has been erected 
or so much of the addition or alteration as has been made, as the case may 
be, within such time as may be specified in the notice. 
(2) On the failure of an owner to comply with the notice referred to 
in sub-section (1) within the time specified therein, the prescribed autho-
rity may cause the new hut, other structure, addition or alteration speci-
fied in the said notice to be demolished and recover the expenses of such 
demolition from such owner as if such expenses were a public demand. 
6. Where the prescribed authority is, upon the report from any of its 
officers or otherwise, satisfied that any hut or other structure in any slum 
area is, by reason of any omission to make the necessary repairs, or by 
reason of any damage or sanitary inconvenience or any impediment to the 
flow of natural light or air, unfit for human habitation, it may serve upon 
Power to 
order 
demolition 
in certain 
areas. 
Power to 
require the 
carrying out 
of certain 
measures. 
65 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act 
Power to 
require 
service privy 
or urinal to 
be connected 
with sewer 
mains. 
Power to 
direct 
discontinuance 
of service 
privy or 
urinal. 
Power of 
Prescribed 
authority to 
cause certain 
works to be 
done. 
(Sections 7-10.) 
the owner of such hut or other structure, a notice requiring him to carry out 
within such time, not being less than sixty days, as may be specified in the 
notice, such measures as, in its opinion, are necessary to render such hut 
or other structure fit for human habitation. 
7. Where sewer mains exist or have been laid within one hundred 
metres of any service privy or urinal in any hut or other structure or on any 
land appurtenant thereto within a slum area, the prescribed authority may 
serve on the owner of such hut, other structure or land, a notice requiring 
him— 
(a) to get such privy connected with the sewer mains, or 
(b) in the case of a urinal, either to close it or to get it connected with 
the sewer mains, 
within such time, not less than sixty days, as may be specified in the 
notice. 
8. Where, in any slum area, public conveniences connected either 
with the sewer mains or any septic tank exist or have been provided within 
such distance of any hut or other structure as the prescribed authority 
considers reasonable, it may serve a notice upon the owner of such hut or 
other structure requiring him within such time, not being less than sixty 
days,as may be specified in the notice, to discontinue the use of any service 
privy or urinal existing therein or on any land appurtenant thereto, and, if 
necessary, to demolish such service privy or urinal. 
9. (1) If a notice served on the owner of a hut, other structure or land 
under section 6, section 7 or section 8 is not complied with, within the 
time specified therein, the prescribed authority may cause the work 
specified in the said notice to be done. 
(2) All expenses incurred by the prescribed authority in causing any 
work to be done under sub-section (1), together with interest thereon at the 
rate of six per centum per annum from the date on which the demand for 
payment of such expenses is made until such payment, may be recovered 
by it from the owner of the hut, other structure or land as if they were a 
public demand. 
Improvement  10. (1) Subject to the provisions of this Act, the prescribed authority schemes. may prepare such improvement schemes for the purpose of effecting such 
works of improvement as it may consider necessary in respect of any 
slum area and publish a copy of such schemes in such manner as may be 
prescribed. 
66 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
X of 1972.] 
(Section 11.) 
(2) The improvement schemes prepared under sub-section (1) shall 
indicate the manner in which environmental improvements shall be 
carried out in the slum area, and may provide for all or any of the following 
matters, namely :— 
(a) water supply, whether from any existing main belonging to a 
local authority or otherwise; 
(b) drainage and sewerage, whether to be connected with any 
existing channel or sewer main in the locality or otherwise; 
(c) construction of latrines connected either with the sewer mains 
or any septic tanks; 
(d) sewage and garbage disposal; 
(e) raising, lowering or levelling any land in the slum area; 
(I) lighting and paving of footways, passages and pathways; 
(g) improvement of huts or other structures; and 
(h) such other matters as may be considered necessary for carrying 
out the objects of this Act. 
11. (1) Whenever it appears to the State Government that it is Right of user 
necessary for the purpose of implementing any improvement scheme L v " '" 
prepared under this Act in respect of any slum area that the right of user c„,,„„„,„,„t  
in any land in or around such slum area should be acquired,— 	 or prescribed 
authority. (a) for the purpose of laying or erection of any cable, wire, pipe, 
post, drain, sewer main or channel through, across, under or 
over any road, passage, footway or pathway, or 
(b) for the installation of any equipments or appliances, or 
(c) for the construction of any other work, 
the State Government may, by notification, and in such other manner as 
may be prescribed, declare its intention to acquire the right of user therein, 
giving a brief description of the land over which the right of user is to be 
acquired and inviting suggestions or objections from persons likely to 
be affected thereby within such time as may be prescribed. 
(2) Every suggestion or objection received in pursuance of the 
notification referred to in sub-section (1) shall be forwarded by the State 
Government to the prescribed authority and the prescribed authority 
shall after giving a reasonable opportunity of being heard, to all the 
affected persons and after making such inquiry as it may consider 
necessary, submit a report to the State Government stating its views 
thereon and the State Government may, after considering the views of 
the prescribed authority, by notification, declare that the right of user in 
the land should be acquired. 
67 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act 
(Sections 12, 13.) 
(3) On the date of publication of the declaration under sub-section (2), 
the right of user in the land shall vest absolutely in the State Government 
free from all incumbrances. 
(4) Notwithstanding anything contained in sub-section (3), the State 
Government, on such terms and conditions as it may think fit to impose, 
may direct by order in writing that the right of user in the land shall, 
instead of vesting in the State Government, vest in the prescribed authority 
on the date of publication of the declaration. 
(5) If, within a period of three years from the date of issue of the 
notification under sub-section (1), no declaration is published under sub-
section (2), such notification shall cease to have effect on the expiration 
of that period. 
12. Where the right of user in any land has vested in the prescribed 
authority under section 11, it shall be lawful for any person authorised by 
such prescribed authority to enter into or upon the land and do all things 
necessary for carrying out the works of improvement referred to in sub- 
and maintenance of such works. 
Slum 	 13. (1) Where it appears to the prescribed authority that in view of the 
Clearance 	 unhealthy, unhygienic, insanitary and congested conditions existing in a and Redeve- 
lopment 	 slum area, it is not expedient to carry out works of improvement in 
Scheme. 	 pursuance of the improvement schemes prepared under this Act for such 
slum area without redeveloping that area after demolishing the huts and 
other structures thereon, it may prepare a scheme, to be known as a "Slum 
Clearance and Redevelopment Scheme" and publish a copy thereof in 
such manner as may be prescribed inviting suggestions and objections. 
(2) Every such Scheme shall, as far as practicable, indicate the 
manner in which clearance and redevelopment shall be carried out and 
may provide for all or any of the following particulars, namely:— 
(a) the acquisition of any land or other property in the area 
comprised in the Scheme, or affected by, or required for the 
execution of, the Scheme; 
(b) the reservation, acquisition or allotment of land or other pro-
perty for any of the matters specified in sub-section (2) of 
section 10 ; 
(c) the laying or relaying of any area comprised in the Scheme; 
(d) the provision of alternative accommodation, temporary or 
permanent, for the inhabitants of the area who may be 
displaced by reason of the execution of the Scheme or any 
part thereof; 
Power to 
enter ansj 
carry out 
measures to 
implement 
improvement section (1) of section 11 and take such steps as are necessary for the repair scheme. 
68 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972.- 
X of 1972.] 
(Section 14.) 
(e) the construction, alteration or widening of streets or passages; 
(f) the suspension, as far as may be necessary for the proper 
carrying out of the Scheme, of any rule, bye-law, regulation, 
notification or order made or issued under any law for the 
time being in force which the Legislature of the State is 
competent to make; 
(g) an estimate of the total cost of the Scheme; and 
(h) such other matters not inconsistent with the objects of this Act 
as may be directed by the State Government. 
(3) The prescribed authority, after considering any objection or 
suggestion relating to the Scheme referred to in sub-section (1) and 
received within thirty days from the date of publication of the said 
Scheme and after making such modification in the Scheme as it thinks 
fit, shall, not later than twenty-four months from the date of publication 
of the Scheme, sanction it, subject to the approval of the State Govern-
ment, by notification and by such other means as are calculated to bring 
it to the notice of all persons concerned. 
(4) Where a Scheme is sanctioned under sub-section (3), the State 
Government may, on the recommendation of the prescribed authority, by 
order published in the Official Gazette, suspend, to such extent only as 
may be necessary for the proper carrying out of the Scheme, any rule, 
bye-law, regulation, notification or order made or issued under any law 
for the time being in force which the Legislature of the State is competent 
-to make. 
14. (1) Where the State Government is of opinion that for the purpose 
of carrying out any Slum Clearance and Re-development Scheme 
sanctioned under this Act, it is necessary to acquire any land or any other 
immovable property within, adjoining or surrounded by, any slum area, 
it may, by a notice published in the Official Gazette and by such other 
manner as may be prescribed, acquire such land or immovable property 
with effect from such date as may be specified in the notice. 
(2) With effect from the date specified in the notice referred to in sub-
section (1), the land or immovable property as is mentioned in the notice 
shall vest absolutely in the State Government free from all incumbrances. 
(3) Notwithstanding anything contained in sub-section (2), the State 
Government may, on such terms and conditions as it may think fit to 
impose, direct by order in writing that such land or immovable property 
shall, instead of vesting in the State Government, vest in the prescribed 
authority, and thereupon the prescribed authority shall— 
(a) take possession of the property as aforesaid in such manner as 
may be prescribed, and • 
Power of 
State 
Government 
to acquire 
land. 
69 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act 
(Section 15.) 
Principles 
for deter-
mining com-
pensation. 
(b) clear and redevelop the area in accordance with the Slum 
Clearance and Redevelopment Scheme sanctioned under 
section 13, and 
(c) dispose of surplus land or immovable property, if any, with 
such notice to the previous owner thereof and subject to such 
terms and conditions as may be prescribed in this behalf. 
(4) Before taking possession under clause (a) of sub-section (3) of any 
hut or other structure situated upon any land acquired under this section, 
such officer of the prescribed authority, as may be duly authorised in 
this behalf, shall determine, after such inquiry and inspection as may 
be considered suitable,— 
(a) the cost of erection or removal of such hut or other structure, 
(b) the cost of dismantling and re-erecting any plant, machinery or 
other equipment used for any trade or industry carried on in 
the hut or other structure, and 
(c) compensation of any temporary loss of vocation, 
and shall pay the amount so determined to the owner or occupier, as the 
case may be. 
15. (1) Where the right of user in any land has vested in the State 
Government under sub-section (3), or in the prescribed authority under 
sub-section (4), of section 11, the State Government or the prescribed 
authority, as the case may be, shall be liable to pay to the owner and to any 
other person whose right of enjoyment in that land has been injuriously 
affected by reason of such vesting, compensation calculated at ten per 
centum of the market value of that land on the date of notification under 
sub-section (1) of section 11. 
(2) Where, in pursuance of any Slum Clearance and Re-development 
Scheme, any land or immovable property has been acquired, and has 
vested in the State Government under sub-section (2), or in the prescribed 
authority under sub-section (3), of section 14, the State Government or 
the prescribed authority, as the case may be, shall be liable to pay— 
(a) to each intermediary in respect of his rights and interests— 
(i) in any land, an amount equal to twenty times, and 
(ii) in any hut or other structure situated in the land and belonging 
to such intermediary, a further amount equal to five times, 
the net annual income of such intermediary from such land or such hut or 
other structure, as the case may be; 
(b) to every thika tenant in respect of the rights and interests in any 
land, huts or other structures thereon, at an amount equal to 
70 
The West Bengal Slum Areas (Improvement and 
Clearance) Act; 1972. 
X of 1972.] 
(Section 16.) 
five times the net annual income of the thika tenant from 
such land, huts or other structures. 
Explanation.—In this sub-section,— 
(i) "net annual income", in relation to any person, means the 
yearly average of his net income during a period of five 
consecutive years immediately preceding the date of vesting; 
(it) "net income", in relation to any person, means the amount 
arrived at by deducting from his gross income the following, 
namely:— 
(a) the rents and taxes, if any, payable by such person in respect 
of the property concerned, and 
(b) the cost of management and collection calculated at an 
amount not exceeding three per centum of the gross 
income; 
(iii) "gross income", in relation to any person, means the income 
actually derived or derivable by such person: 
Provided that, where only a portion of any land is let out by any person 
for any period during the five consecutive years immediately preceding 
the date of vesting, the gross income of such person from the entire land 
or immovable property for such period shall be calculated on the basis of 
the income actually derived by him during such period for the portion so 
let out. 
16. The compensation payable in respect of the acquisition of any 
interest under this Act either to one claimant or to several claimants 
jointly shall, subject to the provisions of this Act, be paid in the following 
manner, namely:— 
(a) payment in cash shall be made in accordance with the 
following Table, namely:— 
TABLE 
Net compensation. 	 Payment to be made in cash. 
Manner of 
payment of 
compen-
sation. 
per centum of the amount 
of compensation payable. 
per centum of the'amount. 
For the first Rs. 5,000 or 	 100 
less of the amount. 
For the next Rs. 5,000 or 	 70 
less of the amount. 
For the next Rs. 5,000 or 
less of the amount. 
For the balance of the 
amount of compensation 
where such amount 
exceeds Rs. 15,000. 
50 per centum of the amount. 
30 per centum of the amount 
by which the compensation 
exceeds Rs. 15,000; 
71 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act 
(Sections 17-19.) 
(b) save as otherwise provided in clause (a), the balance of the 
compensation, if any, shall be paid to the claimants at their 
option in cash or in bonds issued by the State Government or 
the prescribed authority, as the case may be, repayable at par 
and maturing at the end of fifteen years from the date of 
vesting and carrying interest from the date of such vesting at 
the rate of five and a half per centum per annum. 
17. (1) Any person aggrieved by the amount offered to be paid 
under sub-section (4) of section 14 or under section 15 or apportionment 
thereof may prefer an appeal to such appellate authority as may be 
appointed by the State Government by notification in this behalf and 
the decision of the appellate authority thereon shall be final. 
(2) No person shall be appointed under sub-section (1) as an appellate 
authority to hear appeals under this Act unless he is, or has been, or is 
qualified for appointment as, a District Judge. 
(3) An appeal shall be filed within such time and shall be heard and 
disposed of in such manner and according to such procedure as may be 
prescribed. 
Power to 	 18. (1) For the purpose of carrying out any of the provisions of this Act obtain and the rules or schemes framed thereunder, the State Government or any information. 
prescribed authority may, by order, require any person to furnish such 
information in his possession within such time, not being earlier than 
thirty days from the date of issue of the order, as may be specified in the 
order. 
Power of 
entry. 
(2) Every person required under sub-section (1) to furnish any 
information shall be deemed to be legally bound to do so within the 
meaning of section 176 of the Indian Penal Code. 	 45 of 1860. 
19. (1) Any officer of the State Government or of the prescribed 
authority duly authorised in this behalf may, with or without assistants 
and workmen, enter into or upon any land, hut or other structure, in 
order— 
(a) to make any inquiry, inspection, survey or measurement, 
(b) to take levels, 
(c) to dig or bore into the sub-soil, 
(d) to set out boundaries and intended lines of work, 
(c) to mark levels, boundaries and lines by placing marks and 
cutting trenches, or 
(f) to do any other thing, 
Appeal. 
72 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
X of 1972.] 
(Section 20-23.) 
for the purpose of carrying out any of the provisions of this Act, the rules 
or schemes framed thereunder: 
Provided that— 
(a) no such entry .shall be made between sunset and sunrise; and 
(b) no such entry shall be made in any hut or other structure or 
enclosed court or garden attached thereto save with the 
consent of the occupier thereof and, in case such consent 
is withheld, save after giving three days' written notice to 
the occupier. 
(2) Any person authorised under sub-section (1) to enter any land, 
hut or other structure, and his assistants and workmen, shall be deemed 
45 of 1860. to be a public servant within the meaning of section 21 of the Indian 
Penal Code. 
20. For determining the amount payable under sub-section (4) of Power to 
section 14, the officer referred to in that sub-section, and for determining esutcm'' 
the amount payable under sub-section (2) of section 15, the prescribed 
authority or the appellate authority, as the case may be, shall, subject to 
such rules as may be made under this Act, and in so far as such powers 
are necessary for carrying out the provisions of this Act, have power to 
summon and enforce the attendance of witnesses, including the parties 
interested, and to compel the production of documents by the same 
5 of 1908. means and so far as may be , in the same manner as is provided in the Code 
of Civil Procedure, 1908, with regard to a suit tried by a Civil Court. 
21. No suit or proceeding shall lie against the State Government or 
any prescribed authority, and no suit, proceeding or prosecution shall 
lie against any person, for anything in good faith done or intended to be 
done in pursuance of this Act or any rule, scheme or order made 
thereunder. 
22. The provisions of any law for the time being in force in a slum 
area which are inconsistent with the provisions of this Act shall, so long 
as this Act continues to apply to such slum area, remain suspended in that 
area. 
23. Notwithstanding the suspension of any law in force in a slum area Savings. 
by reason of the provisions of section 22, anything done, action taken or 
work undertaken under any such law shall, if it is not inconsistent with 
the provisions of this Act, continue to be done, taken or undertaken, as the 
case may be, as if that area had not been declared under this Act to be a 
slum area. 
Indemnity. 
Other laws 
to remain 
suspended. 
73 
The West Bengal Slum Areas (Improvement and 
Clearance) Act, 1972. 
[West Ben. Act X of 1972.] 
Revocation 
of decla-
ration made 
under 
section 3. 
Power to 
make rules. 
(Sections 24-26.) 
24. Where the State Government is of opinion that in view of the 
improvements made in a slum area or for any other reason, the conti-
nuation of the declaration of any area as a slum area is no longer nece-
ssary, it may, by notification and in such other manner as may be 
prescribed, revoke that declaration. 
25. (1) The State Government may, by notification, make rules for 
carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the following 
matters, namely:— 
(a) the manner of publication of copies of the schemes framed 
under this Act; 
(b) the manner of publication of the notice referred to in sub-
section (1) of section 14; 
(c) the manner of taking possession of a property by a prescribed 
authority under sub-section (3) of section 14; 
the time within which an appeal under section 17 shall be filed 
and the manner and procedure of disposing of such appeal; 
and 
(e) such other matters as are required to be, or may be, prescribed. 
(d)  
Repeal and 	 26. (1) The West Bengal Slum Areas (Improvement and Clearance) West Ben. 
savings. 	 Ordinance, 1972, is hereby repealed. 	 Ord. X of 
1972. 
(2) Anything done or any action taken under the West Bengal 
Slum Areas (Improvement and Clearance) Ordinance, 1972, shall be 
deemed to have been validly done or taken under this Act as if this Act 
had commenced on the 25th day of January, 1971. 
74 

‹ Prev All West Bengal acts Next ›