(1) This Act may be called the Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012.
In this Act, unless the context otherwise requires,––
(1) Notwithstanding anything contained in any law for the time being in force, every landless person 1[x x x x x] and lives in a slum area in any city or urban area as on 01-01-2010 shall be entitled to a dwelling house at an affordable cost.
(1) The dwelling space under sub-section (1) of section 3 shall be provided in-situ in all tenable slums and the Government may for this purpose modify the land use and town planning provisions, wherever needed.
The allotment of the dwelling space under sub-section (1) of section 3 shall be subject to the following conditions :––
The Government shall prescribe and notify necessary directions for the identification and periodic survey of slum dwellers including biometric survey, manner of grant of legal entitlement to dwelling space, grievance redressal or dispute resolution mechanism etc. for the purpose of granting legal entitlement to the slum dwellers.
(1) The Government shall, by notification in the *[Government Gazette], establish for the purpose of the Act a District Slum Area Redevelopment Committee for slum areas of each district and the Committee shall exercise jurisdiction over the areas as specified therein.
(1) The Government shall, by notification in the *[Government Gazette], establish a City Slum Redevelopment Committee for areas in each Municipal Corporation.
(1) The procedure and conduct of business by the City Slum Redevelopment Committee and District Slum Redevelopment Committee shall be as prescribed by the Government.
The City Slum Redevelopment Committee and District Slum Redevelopment Committee shall have following powers and duties, namely :––
(1) The City/District Slum Redevelopment Committee shall prepare schemes as per the rules prescribed, covering provision of dwelling space, basic civic and infrastructure services for insitu redevelopment or upgradation or relocation and resettlement of slums and for such other matters as it deems fit and necessary for the implementation of the provisions of the Act.
(1) The Government may, by notification, establish for the purpose of the Act an Authority to be called the State Slum Redevelopment Authority, to continuously monitor implementation of the Act and to recommend corrective measures wherever necessary, to take decisions that concern land use, town planning, master planning processes etc. and to exercise powers and perform such other functions assigned to it under the Act.
The Authority shall perform the following functions, namely :––
(1) Where on any representation from the City/District Slum Redevelopment Committee, it appears to the Government that, in order to enable the City/District Slum Redevelopment Committee to execute any work of redevelopment, upgradation or resettlement in relation to any slum area, it is necessary that land within, adjoining or surrounded by any such area should be acquired, the Government may acquire the land by publishing in the *[Government Gazette] a notice to the effect that the Government has decided to acquire the land in pursuance of this section :
Where any land in a slum area or any other area has been acquired under the Act, the Government shall make the land available to the City/District Slum Redevelopment Committee for the purpose of executing any scheme of redevelopment, upgradation or resettlement of schemes.
(1) Where land is acquired for the purpose of allotment to the slum dweller, every person having any interest in any land acquired under the Act shall be entitled to receive compensation from the Government.
(1) It shall be the duty of the Government to ensure that there is no encroachment or construction of an illegal structure on Government land, and it shall, for this purpose, by order authorize the officers by designation for each urban area, who shall report in writing such encroachment or violation to the Competent Authority to evict such encroachers or to demolish such illegal structure or to take such action as necessary :
Whoever fails to comply with or contravenes any of the other provisions of the Act or the rules, thereunder except as provided under section 17, shall in respect of each such failure or contravention be punishable with fine, which may extend to twenty thousand rupees, and in case the failure or contravention continues, with additional fine which may extend to one thousand rupees for every day during which such failure or contravention continues after the conviction of the first such failure or contravention.
Notwithstanding anything contained in 1[the Code of Criminal Procedure, 1973 (2 of 1974)], every offence under the Act shall be cognizable.
The State Authority or the City/ District Slum Area Redevelopment Committee may, in relation to its functions under this Act, from time to time, require any person, officer, or other authority to furnish to it, reports, returns, statistics, accounts and other information as may be deemed necessary and such person, officer, or other authority, as the case may be, shall be bound to do so.
No suit, prosecution or other legal proceedings shall lie against the Government or any officer or other employee of the Government or any Authority or Committee constituted under the Act or executing any scheme made under the Act or any member, officer or other employee of such authorities or committees in respect of anything which is done or intended to be done in good faith in pursuance of the Act or the rules or schemes made, or the orders or directions issued, there under.
(1) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order published in the *[Government Gazette], make such provisions, not inconsistent with the provisions of the Act, as may appear to it to be necessary or expedient for the removal of the difficulty :
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the City/District Slum Area Redevelopment Committee or the State Slum Area Redevelopment Authority is empowered by or under the 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 the Act.
(1) The offences under the Act shall be triable by the Judicial Magistrate having the jurisdiction in the area.
(1) The Government may, by notification in the *[Government Gazette], make rules to carry out all or any of the purposes of the Act.
The provisions of this Act or rules made there under shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time being in force.