Kerala act 024 of 1981 : The Slum Areas (Improvement and Clearance Act, 1981 (Act 24 of 1981)

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THE KEB.ALA SLUM AREAS (IMPROVEMENT AND

CLEARANCE) ACT, 199 l •

(Act 24 of 1981)

An .del to providlfor tlr.e preoention, improwmtnt tJnd cl,aranel of slum ar.as, f o' tlu acquisition of slum areas an~ of land required for the rehabtlitation of slum dw1llers and for the protection of ltnanls in slttm areas from eviction. - .

Pt~amble.-WHEREAS it is neccs!ary to provide for ~the preventio 1, Jmprovem~nt and clearance of slum areas, for the acquisition of slum areas and of land required for the rehabilitation of slum dwellers and forth<' protection of tenants in slum areas from eviction;

BE it enacted in the Thirty-_;econd Year of the Republic of India as follows:-

CHAPT&R 1

PRELIMINARY

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1. Short title, txt111t and commm&ement.-(1) 'Thi! Act may be called tht· Kerala Slum Areas (Improvement and Clearance) Act, 1981.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Definition.s.-In this Act, unleu the context otherwise requires,-

(a) "building., includes any structure or erection or any part of ;1 building a1 so defined, but does not include plant or machinery comprised in ll buildina; •·

(b) '•Collector, means the Collector of a district;

(c) "competent authority", in relation t~ an~ ar~, . m,..a.n, such officer or authonty as the Government may, by notdicaoon tn the Gazette, appoint as the competent authority for that area for the purposes of this Acf,

(d) "erection", in relation to a building, includes extension, alter- ation or re-erection;

(e) "land' ' includes benefits to arise out of land1 and things attached to the eArth or permanently fastened to anything attached to the earth;

(f) "local authority" means a municipal corporation, a municipal council, a township committee, a panchayat, a development authority or a town planning trust;

,.. Received the assmt of the President on the 2nd day of September, 1981 and published in the Kerala Gazette Extraordinary No. 718 dated the 15th · September, 1981.

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(g) '"occupier" ineludes- · (i} any person wh~or the t1me being·ispayingor is liable to pay to the owner the Tent or any port1onof the rent of the land or building in respect of which such rent is paid or is payable; •

(ii) an owner in occupation of, or otherwise using, his land or . building;

•(iii) a ·rent-free tenant· of any land or building; e ·(iv) ·a licensee in occupatJOn of any land or bmlding; and

(v) any ·person who is liable .to pay to the owner .damages for the use and occupation ·of any land or building;

(h} "owner'' includes any person who is receiving or is entitled ~to receive the rent of any building or land, whether on his own .account llr on behalf of hhruelf and others or as agent or trustee, ,or who would so receive the rent or be entitled to receive 1t if the building or land were let to a tenant;

(i) ''prescribed" means ,prescribed:by rules made under trus Act;

(i) ''slum area" means an area declared as sLch under subsection

(1) of section 3;

. (k) '•slum clearance" ':lle~ns the clearance of any slum area and the • demolitiOn and removal of bUJldtngs therefrom;

(1) "slum clearance area" or "clearance .areau means an -area in f relation to which an order of slum clearance has been made under sUb~ . section ( l) of section 11;

(m) ''S~te" means the State orKerala;

(n) "work err improvement" includes, in relation to anytbuilding~in a slum area, the execution of any one or more of the following works, namely:-

(i) ·necessary repairs;

(ii) structural alterations; (hi) provision of light points, water taps and bathing places; I

(iv) .construction of drams, open or covered;

(v) provision of.latrines, including conversion of dry latrines into water·borne latrines; (t

.(vi) provision ofadditional or improved fixtu.res or fittings;

(vii) opening up or paving of court ... yards;

(viii) -removal of rubbish; and (i'X) any other work inclu.ding the .d~olition of any building or _a.ny part ther~of whtch m the opm1on of the ~ompetent 'authortty is necessary for executing any of the works· specified above. t

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CHAPTER Il

SLUM AREAS

3. Declaration of slum areas.-( 1) Where the C(')m~tent authority, upon report from any of its officers or otherw1se, is satisfied that- ( a) any area is or may become n source of danger to the health, safety or convenience of the residents of that ilrca C'r of its neighbourhood, by rca~on of the area. being low·lying, in\an\tary, squalid or otherwise; or

(b) the buildings in any area, used or intended to be used for human hahitation,-

(i) arc, iu any respect, unfit for human habitation; or

(ii) are, by reason of dilapidat ion, overcrowding, faulty arrange- ment or design of such buildings, narrowness or faulty arrange- ment of streets, lack of vent dation, ltght or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals,

It may, by notification in the Gazette, dcclhrc such area to be a slum area:

Providrd that hefore declaring any area to be: a slum area the compe- tent authority shall consult the Chtef Town Planner or any officer of the Town Planning Department of the Government authorised by the Govern- ment in this behalf.

(2) Every notification under sub section ( 1) shalt also be published by the competent authority in at least two nrwspapers havmg wide circula· tion in the area to wMch that notifica tion relatcc;.

(3) In detcrmini ng whether a building is unfit for human habitation for the purposes of this Act, regard shall be had to its condition in respect of the following mattt:rs, that is to say,-

(a) repa1r;

(b) stabtlity;

(c) freedom from damp;

(d) naturalligbt and air;

(e) water-supply;

(f) drainage and sanitary conveniences;

(g) facilities for storage, preparation and cooking of food and for the dispoml of waste water;

and the building shall be deemed to be unfit as nforesaid, if and only if it is so far defective in one or more of the said matteM that it is not 1easonably ~uitablc for occupation in that condition.

4. Every building in a slum area to be • registe,ed.-(1) Within sixty days from the- date of declaration of any area as slum area under sectit')n 3, the owner of every building in such s] urn area shall apply to the competent au.hot1ty for the r~gistTation of such bmlding and also furnish to the com· ,petent authority such particulars as may be required by it.

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(2 j As soon as may be after the declaration of any area as a slum area under r.ection 3, the competent authority shall-

( a) prepare records for the slum area, comprising a plan of the slum area, and a register enumerating every building thereon with adequate particulars thereof; and .,

(b) issue to the owner of every building in tbe sJum area a registra· tion card showing the particulars of the building concerned. • CHAPTJ;R II I

SLUM IMPROVEMENT

5 Power to require e (tculion of works of improvement to slum areas or buildmg therein.-( 1) Where the competent authority upon report from any of its officers or otherwise IS satisfied that any slum area or part thereof can be improved so as to conform to the interests of the health, s1fety or convenience of the residents of that area or of its neighbourhood, or that any building in any slum area can be Improved ~o as to l'ender it fit for human habitation consistent with safety, health or morals and •f in its opinion such improve- ment can be c:irried out at a reawnable expense, it may serve upon the owner of o;uch slum area or part thereof or such building a notice requiring him to execute the works of improvement specified ther .:an wtthin such time, • not being less than thirty days, as may be specified in the notice:

Provided that where the owner of the building is different from the owner of the land on which the buddmg stands and the works of improve- • rnent requ1red to be executed relate to provision of water taps or bathing ... places or construction of firams, open or covered or provision of water·borne latrines or removal of rubbish and mrh works are to be exec~ted outside tbe building, the notice ~ha11 also be ~erved upon the owner of the land:

Provided further that before :,erving a notice under thts sub-section, the competent authority sha ll consult the Chief Town Planner or any officer of the Town Planning Department of the Government authorised by the Government m this behalf

(2) In addition to srrving a notice under sub-section ( 1) on the owner concerned, the competent authority shall serve a copy or the notice on any other person having an interest in the slum area or part thereof or building I or the land on which the buildmg stands, whether as lessee~ mortgagee or otherwise.

(3) In det~~mining, for the purposes of this Act, whether an improve- ra ment can be carr1ed out at a rec1St>nable expense. regard shall be had to the '-' estimated cost of the works of improv~ment and the estimated value that tbe slum area or part thereof or the bUJld• ng will have when the ~orks are completed.

6. Powtr tq tJttcutt works of tmprovement in slum areas and to rtcovtr expenses.-

(l) If a notice under section 5 requiring the owner to execute works of im· provement is not complied with within tlte period specified in the notice or

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within such further time as the competent authority may give for sufficient reasons, the competent authority may itself execute the works required to be done by the notice.

(2) All expenses incurred by the competent authority under thi! section, together with interest at such rate as the Govtrnment may by ordcr fix from the date when a demand for the expenses is made until payment, may be recovered by the competent authority from the owner as arrears of public revenue due on land:

Provided that if the owner proves that he-

( a) is receiving the rent merely as agent or trustee for some other person; and

(b) has not in his hands on behalf of that otht"1 pe1son "ntfficient money to satisfy the whole demand of the authority, his liability shall be limited to the total :tmount of the money which he lms in his hands as aforesaid.

(3) Notwithstanding anything contained in any other law for lhe time being in force, all expenses incurred by the competent authority under this section shall constitute a first charge on the land or building concerned, sub- iect to the charges for any tax or cess payable to the Government .

7. Maitzlenantt of works of improvement.-(!) Where works of improve· mcnt have been executed in relation to any land or building in a slum area in punuance of the provisions of section 5 or section 6, the occupier of that hmd or building shall be responsible for the maintenance of such works of im- provement.

(2) If the occupier fails to maintain any works of imporvement referred to in sub·section ( 1), the local authority shall serve upon the occupier a notice requiring him to execute the works of maintenance specified therein within such time, not being Jess than thirty days, as may be specified in the notice.

(3) If the notice under sub-section (2) is not complied with within the time specified in the notice, the local authority may itself execute the work~ tequlrcd to be done by the notice.

(4) The expenses incurred by the local authority m connection with the maintenance of any works of improvement or the enjoyment of nmenities and conveniences rendered possible by such works shall be reco\erable from the occupier of the land or butlding as arrc.·us of public revenue due on land.

8. Buildings in slum area Uf11 to b~ crcct~d except wllh the ptrmiuton of tile cumpllltal authority.-(1) Nolwithstanding anything contained in any othel' Iawior the time being in force, the competent authority may, by notification jn the Gazette, direct that no person shall erect any budding in a ~lum area or makt: any addition to, or alteration inJ any butlding in such area, except with the previous permission in writing of the competent authority.

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(2) Every notification. under subsection (1) shall aho bt publiahed by lhe competent authority in atleast two newspaper~. having wide circulation in the area to which that notification relates

(3) Every notification issued undf!r sub section (1) shall cease ro ·have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser.

(4) Every person desiring to obtain the permission referred to in sub- section ( 1) shall make an application in writing to the competent authority in such fonn and containing such information in respect of the erection of, or addition to, or alteration in, the building to which the application relates, as may be prescribed.

(5) On receipt of such application, the competent authority, after making such inquiry as it considers necessary~ shaH, l>y order in wtiting,-

(a) eithet· grant the permission subject to such terDls and conditions, if any, as may be ~pecibed in the order > or

(b) refuse to grant such permission :

Provided that before making an ordet refusing•such permission, the applicant shall be given a reasonable opportunity to show cause why the pennission should not be refused.

· (6) Nothing contained in sub-section ( 1) shall apply to-

(a) any works of improvemen• required to be executed by a notice under su bs~ct ion ( l} of sectJOn 5 or m pursuance of an undertaking given under sub-section (2) of section 9 ; o1·

(b) the erection of any building in any area in respect of which a slum clearance order has been made under section 12.

9. Power of competent authority to order demolittorJ of huildtngs unfit for human hahitation.-(l) Where the competent authority upon report from any of its officers or .otherwise is satisfied that any building within a slum area 1s unfit for human habitation and 11 not capable, at a reasonable expense, of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest m the building, whether as lesc;ee, mongagec or otherwise, a notice to show cause within such time as may be specified thercm ac; to why an order of d emolitiOn of the building should not be made.

(2) Jf any of the per,ons upon whom a uot1ce has been served under sub-section ( J) appears in pursuance thereof before the competent authority and gives an undutaldng to the authority that such person will, whbin a period specified by the authority, execute such works of improvement in relation to the buildmg as w1ll, m the opinion of the authority, render the building fit for human hab•tatwn, or that it will not be used for human habitatton until the authority, on be.ng sathfied that it has been rend< red fit for tbat purpose, cancels the undertaking, the authority shall not make any order of demolition of the budding.

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(3) If no such undertaking as is mentioned in aub-scction (2) is given, or, if in a case where any 'such undertaking has been given any work of improvetnent t () which the undertaking relates is not carried out within the specified period, or the building is a t any time used in. contravention of the terms of the tutdertaktng, the competent nuthority shall forthwith make an order of demolition of the budding requiring that the building shall be vacated within a penod to be specified in the order, not being less than thirty days f10m the date of che order and that it sh.dl be demolished within six weeks after the expiration of that pe1 iod.

I 0. Procldure lo be followed where demfJlition order has been made.-( I) Where an onl~r for demolition of a lmildmg under scction 9 has been made, the o Nner of the building or any other pt"rson b.wing an intei'<.'St therein shall demolish that building withJn the time sprcificd m that behalf in the or(let· and if the building is not demolished within such tim~, the competent autho· rity shall enter and demolish the building and sell the materials thereof by public auction.

(2) Any expc.nses incUl red · uy the competent auth01 1ty under sub- section ( 1), if not ~atisficd out of the proceeds of sale of materials of the lmilding, shall be recoverable from the ownct' of the bui lding or any other person bavin~ an in~cre~t tlJercin as :lrree"lrs of public rev~nue due on land and if there i• any balance m the sale proceeds aftrr satisfying such expcJUes, the same shall uc patd to the owne1• or other penon entitled to it. C HAP fER IV

SLUM CLEARANCE AND RE-DEVELOPMENT

1 L Powtr to declare a'V' slum area to be a clearance area.-· ( 1) Where the com· petent autho1·ity upon report from. any of its officers or other information in its possession is s.ttisfied as 1 esprcts any slum area that tlie most satisfactory method of dealing with the condttions m the area is the clearance of such area and the dcmolttion of all the buildings therein, the .lutbority shall by an order notified in the Gazette dccl.uc the area to be a slum clearance area, that is to say, an area which has to be cleared and all the bu1ldings tltcrein have to be demolished and removed in accordance with the provi- sions of this Act : ·

l,rovidc<.l that any part of the shun area or any buildiDg in that area wluch in the opinion of the competent authority is not unfit for hum~n habitation or dangerous or mjurious to puhlic health may be excluded from the declaration iCthe authority considers it necessary :

Pt0vidcd further that before making .l dcclaranon under this su bsection, the competent authonty shall consult Ute Chiel Town Planner or a.ny Officer of the Town Plannmg Department of the Government authori·sed by the Government iu this behalf.

(2} The competent authority shall forthwith transmit to the Collector a copy of the declaration under dus section t.ogetl~cr with a statement of the number of persons who, on a date spec1ficd 111 the statement, wer~ occupying areas and builcl,ngs comprised in the clearr~nce area •

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12 . ,~lam. cle(IJ'anct order.-~ 1) As soon as may be after the compet• I h. authority has declared any slum area to b~ a clearance area, it shall make a slum clearance order in rel::l.tlon to that area ordering the clearance of tl1e area a nd the demolition of each or the bmldmgs specified therein and

• r equiring ·each such butl~ing to be - vacated within such ttmr as mar be specified in the order and submtt the order 1 o the Collector for confirmation.

(2) The Collectm may either confirm the order whhout modification or subject to such variations as he con'>iders nec~ary, or reject the order .

(3) A copy of every order passed by the Collector under subsection

(2) shall be furnished to the local authonty withi11 whose jurisdiction the slum area in respect of wh1ch such m dcr h.ts been p:.ssed i<; situate.

(4) The Government may> on applicatiOn from any person or authot ity aggrieved by an order of the • Collector under subsection (2) , cnll for and exam me the record of that ordc-r fol the purpose of satisfying them· selves a s to the tegahty or J..:ropri~cty of such order and may pa~s such order in reference thereto as they think fit:

• Provided that the Government shall not pac;s any orde1· unde1 this sub~ section, if the applicatJon ha~ been rccewed after the ex pity of thirty days from the date of the order of the Collector : • ~

ProvJdcd further that no order prcjuchcjaJ to a·person shall be passed under this subsection without giving him an opportunity of bring heard.

(5) If the Collector ·Confirms the order of the competent authority • u nder sub-sect!on (J ), the order shall, subject to 'he provision~ of sub- sectjon (4), become operative from Lhc date of such confirmation.

(6) When a slum cleatance order hac:; become operative, the owners or the lands and the building3 to which the order appltes shall clear the area and demohsh the bUlldmgs before the cxp1ration of sl.x weeks from the date on which the buildmgs are required by the order to be vacatei or before the expiration of such longer period :1.' iu the ci1 cum~ 11nccs of the ca'ic the competent autho1 ity m.ty ckem tca<>onable

(7) If the slum clearance area is not cleared 01 the buildings are not demolished before the cxptration of the period mentioned in subsection (6L the competent authonty shall enter and clear the area ,md demolish the & buildtngs and S~>llthe matertals thereof by public auc•ion W'

(8) Any expenses incurred by the competent au[honly m cle4\ung the area and in demolishmg any building shall, if not satisfi: .. d out of the

(9) Subject to the provtsions of this .Act, whet c a sl wn clearance order has become operative} the owneJS of the land!» to which the order applies rna.y re-develop th;: lands in accordance wuh plans approved by the competent authonty and subject to such restlictions and c'Jnditions l

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(including n condition ww. rrgard to tl1e time within which the tc· development c;h,tll be completed), if any, as that author~ly may thmk fit to impose:

Providrd that an owner who i.:; ;~ggricvcd oy a tcstdction or condition so imposed 0.1 thr Ut\Cr of his land or by a l>ubscquent refusal of the compd- cnt authority to cancel or mod•fr any such lC5triction or con'JitlOn may, within such time a~ may be presc1·ibcd, appeal to the Collector, and tlu~ Collector shall m.tkc s·.lC·h order m the m.ltter as he thinks proper and hi~ deciswn r;;hall be final

( 1 0) No person shall commcnre or causr. to be commenced any work in contra vent ion. of a plan approved or a restriction or condition imposed under subsection {9).

13 . Powtr of ClJmpetent autlzo1ity to te·dtvelop clearauce mea -(1) Notwith- • standing anything contained in sut?section (9) of section 12, the competent authority may at any time after a land has l Jeen cleared of bUJldings h accordance with n slum cleatance o1dc1 but hcforc the work of :re-develop- ment of that land has been commenced by the owner by order, determine to rr-develop :the land if that authotity is mtisficd that it is necessary in the pul )lie interest to do so.

(2) Where any land has been cleared of buildings in accordance with a slum clea1 ancc order, the competent authol'ity, if it 1s sausfied that the land h.ts been, or is being, 1 c-develop:::d by the owner thereof tn contravention of plant<; nppt ovecl hy the authOI ity or any 1 estuctwns or condJtions imposed undet suh-sectwn (~l) of section 12 or has nnt brrn 1 c-devcloped w1t.hm such time and undct such conditions as may be spccihed by It, may, by ord.,.r, detcnninc to te·dt•velop thr land:

P1 ovHkd that before passmg such 01 de1, the owner \hall be gtvcn a tea)Oilable opportunity to show cause why the order should not be passed. CHAPTER v

ACQUISITION OF LAND

14. Power nf Govemmmt to acguHc land.-( l) Where, on any representa- tiOn ftom the ,·omprt<'lll .\llthonty, Jt appcats 1o the Government that for the purpose of improving or devclopmg any ~tum ,\rca, or f01 the purpose of 1c-devclnpmg any 'lhliH dcarancc area or fcH· thr. purpose of rchabilitatmg slum dwellers, it ts •tccrc;c;at y to acqutre nny J.md wuhm, adjotmng or surroundt:d by any such c;lum area or slum clenr.mce 4wea, they may acquttc the land by puhh~hmg in the Gazette a notice to the effect that they have dcddctl to dcquirc the hmd in pUlsuance of tlu:, ~ccuon :

l'r ovid<'d th,\.t, bef(n e pubbshmg such notLcc, the Go\·ernmcnt shall call upon the nwnet· of, or an.y other person who, m the opmion of the Govern• mcnt, may be mt<'rcsted in, :,uch land to show cause why it should not be acquut'd ; and after comtdcring the cause, ,f any, sho\\ n by the owner or any otllrl· pet son interested in the land, the Govetnmcnt m.ty pass such order as they deem fit.

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(J.) When a notice referrred to in sub~section (1) is published in the Gueuc, the land shall, on anci form the da~ on which the notice is so published, ve'>t ab~olutely in the Government free from all encumbrances.

15. Right to 1tcewe amot.mt.-[.very per~on having any interest in any land acquired under this Act shall be entitled to receive from the Governme11t an amount as hereinafter provided. e

16. Basis for dt terrmnalion of amourzt.-{1) The amount to which a person is entitled under &ection 15, m respect of any land acqutrcd under this Act, shall be an amount equal to sixty times the nt-l average monthly income • actuaily derived from such Jand during rbe petiod of five consecutive years immedJately preccdmg the ,date of publicauon of rhe notice referred to in Gection 14, such net average monthly mcome being calculated jn the manner e.nd in accordance Wtlh the prmciples set out in the Schedule.

(2) The competent authority shall , afte1· holding an inquiry in the prescribed manner, determine m accordance \vith the provisions of sub .. section ( l) the amount payable in nspe<:t of the land, and publish a notice m the Gazette specifying the amount so deternuned and calling upon the owner of the land and every person inte1 estcd therein to mhmate to it before a date specified in the notice whether such owner or person agret3 to the amount so determined and, 1f ht does not so agree, what nmount he claims Ito be the ne.t average mo~1thly mcomc actually ~cn\·cd from the land. (3} The competent authority shaJl ;Jlso serve nouce to the same effect • as is mentwned in sub-section (2) on the owner of the land and on all such persons known or beheved to be mte.·csu d therein or to be entitled to act for persons .so interested, as rtsH.lc or have agents a uthonsed to receive service on their behalf, w1thin the State. -

(4) Any person who does not agree to the amount determined by the competent authority under sub-section (2) and cla1ms a sum in excess of (hat amount may prefer an appeal to the Collector :within thirty days from the date specified m the notice referred to in that sub·section.

(5) Where an appeal is preferred under sub-section (4), the Collector 5hal1, after bearing the appellan t and after !U<"h further cnqUJry as may be necessary, pass such orders as be deems fit~

(6) Any person who is agg1 ieved by an order passed by the Collector under sub-sccdon (S) may prefer an .lppeal to the Board of Revenue within thirty days from the date of the order of the Collector, and the decision by the Board of H.evenue on such appeal shall be final and shall not be e. questioned in any court of law.

(7) Wheie thr-re is any building on the land in respect of wh1ch the uet average monthly Income has been determined, no separate amount shall - be paid in respect of such bu1Iding · •

Provided that where the owner of t he land and the owner of the building on such land are different. the competent authority shall apportion the amount between the owner of the land and the owner of the building m the same proportion as the market price of the land bears t ·) the market price of the building .on the date of acqu1sttion.

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i 7 APJia. t .vnmtnt of amount.- ( 1 ) Where several pet sons cl.l irn to bo intercHted in the mnmmt deteun'incd under section 16 J Lhc compt•tcnt au tho· rity shall determine the persons who in its opinion arc entitle(l hl r~ceive it and the amount payable to each of them.

(2) Jf any dispute arises as to the apportionment of tlw amount or any part thereof, or as to the persons to whom the same or ally part thereof is payable, the competent authority m.ty refer the dispute to the· dceu1ion of the Colleetor and the Collector in deciding any such dispute shall follow, a!l far as may be, the provisions of Part liT of the Kcrala Lanll .\cquisition Act, 1961 (21 of 1962).

18. Payment of amount or deposlt of tlls same i11 court.-( I) After the amount has been determined und.er section 16, the competent authm ity shnll on behalf of the Government tender payment of, and pay, such arnotmt to the:

persons entitled thereto.

(2) If the persons entitled to such amount do not cont~cut to tcccive it, or if there be any dispute as to the title to receive such amontJt or ~u to the apportionment of it, the competent authority shall deposit the nmount ia the court of the Subordind.te judge hav,ing jurisdiction over the area and that court shall deal with the amount so deposttcd in the manucr luiu down in sections 34 and 35 of the Kcrala Land Acquisition Act, 1 !Hi l (21 of I 962) •

19. Payment of int~rest.-Intercst shall be calculated on the .lnlOllllt to which a person is cn1itlcd under ~ ect ion 15 at the rate of four prr cent per annum from the date when the land vested in the Government under bUb· section {2) of section 14 until such au1ount shall have been patd (If dcpo~ite

20 . Powers of competent authonty zn relati.on to dctermmation of amauttt fte.-

(1) The competent authority may, for the purpo~c of dctcrnuning the amount under section 16, or apport,ionment thereof, require, by ordct, any person to furnish such information in his possession as may be spccJ6cd in the order.

(2) The con1petent authority shall, while holding inquiry under section 16, have aU the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), 1n respett of the followmg matters, namely:-

(a) summoning and enforcing the attendance of any person ,mel examining him on oath ;

(b) requiring the discovery and production of any doemm:nt ;

(c) reception of evidence ot'l affidavits ;

(d) requisitioning any public record from any cou1 tor rfiicc ;

(c) issuing commissions for the examination of witnesses or· for local i nveatigation.

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21. Useof land acquired.-(!) \..Yhcrr any land specified in sub-section (I) of section 14 has been acquired under this Act, the Govert'ment shall under- take or cause to • be undertaken such measures as may be necessary for the improvement, development, clearance or re-development of the land or the erection of bt..~ildings thereon in accordance with such plan as may be approved by them : •

Provided that where any such land or any portion thereof is, in the

. opinion of the Government, unsuitable for the pt..~rposes mentioned above, on the ground that the use of the land or portion for such pUI poses will not ~ be in the interest of orderly town plannmg, the framing of any master plan or the diviston of the town into d1fferent zones, or on the ground that the area of the land or portion is small, or on any other ground, the Government may use it or allow it to be used for such public purposes as they think fit .

(2) Any sites or buildings on any land referred to in the proviso to sub· section (1) may be allotted or leased for the accommodation of slum dweHers and of persons of such low income groups as may be presc1 ibed, on such terms and conditions as may be prescribed :

Provided that except as otherwise provided in this Act, no portion of any land acquired under this Act shall be permanently granted, sold or alienated in favour of any person or persons.

(3) For the purpose of undertaking the measures referred to in sub- • section ( l ), the Gove1 nrnent may either hold the land under their ownership, control and management and execute such measures themselves or through any agency on such terms and conditions as may be determined by them or transfer the land to the Corporation of the City of Trivandrum or the City • of Calicut ot the City of Cochin, as the case may be, or the municipal council or township comm1ttee or panchayat concerned, or to the development authority or town planning trust having jurisdictiOn over the area in which the land is situate, for the s.Lid purpose.

(4) Where any land is transferred as provided in sub-section (3),-

(a) such ]and shall vest in the corporation or the municipal council or the township committee or the panchayat or the development authority or the town planning trust, as the case may be~ and the corporatmn or the municipal council or the township com nittee or the panchayat or the deve- loplllent authority or the town planning trust shall be liable to pay the cost of acquisition of the land ot· such portion thereof as the Government may fix in each case ; and

(b) the corporation or the municipal council or the township com- mittee or the panchayat or the development authonty or the town planning ~ trust as the case may be, shall execute the mea~ures referred to in sub-section

(1) in accordance with such plans as may be approved by the Government and subject to such direction as may be gwen from time to time by tbe Gov.crnment; and shal 1, in the use of the land and in all connected matters, be bound by the prov1sions of this Act.

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(5) Any building erected by the Government or, a3 \.he case n.ny be, by a local authority uudel' this section may be allotted or lC'ast·d ror the nrcommodation of slum dwellers and of person~ of such low 111Cnnw gwups as may be prescribed, on such terms and conditions as may hc- prescrihC'd.

(6) Notwithstanding anything contained in any law fin· tlu: timt· br.ing in force, or in any contr <:rson o.r alienate J1is nght., in rrsprct or ~11ch lmilding.

(7) If the allottCf' m· tenant of any huil dmg sub-lets that \mil ding or pot·tJOn thereof Ctr alicnn.tes his r1ghts in HSpcct of ~uch butl or portion of building or, as the case may he, such rtghts ('hall r<'V<~l t to the Government or the local authority, ns the ca~e may be.

CHAPTJ:H. VI

PROTECJ'JON OF TENANTS IN SLU1vf AREAS

FROM EVICTION

22 Tenantr m slum ar(aS not to be evzcted Wlthout pPrmisston of rompelmt rmthonty.-(1} Notwithstanding anything contamed m any other law for lhe timr. being in force, no person shall, except with the p1 evJous permi~sion in wt·iting of the competent authority,-

(a) institute, afteJ \he commencement of this Act, any suit or other proc·eeding for obtaining any dcc1 ee or ordrr Jor the eviction of a tenant from any buildmg or land in a slum area; 01

(b) where any decree or order h obtawcd in any suit or procrt:cling instituted before sm h commcncrmcnt for the eviction of a tcnnnl r.~om nny huildmg or land in such area, execute such derree or order. (2 1 E\'ei v pcuon dco;tring to obt .tin 1 he pe• mi:,stou 1 d(·r• ~·<1 to ill ~ulH.CctiO)l. ( l) may m<1kc an apphcahun 111 ''' 1tmg to the comp!!lt!nl.lUIIw· tity in such f01m and containmg such p.u·riculars as ·may be pH·.scnbed.

(3) On receipt of an application w ·der sub-section (2), the competent nuchonty, after giving an opportunity to the parltes to be hHatd nud ;tfter making such ~umm.ary inquiry !HtC> tbc circumstances of the case as it ~h~nks fit, shall> by order m Wltttng, c1ther g•·aut or 1 cfusc to grant such pcrmtsston, ( 4) In gtanting or refusing to gram th<· permission undet ~uh-'icction {3), the competent authority shall take mto account the folJowing f.tctors, uameJy:-

(a) whether nltC'rna.tive accommodation within the mcanCl of th«! ' tenant would be available to lnm if he w~re evictc(l;

(b) whether the eviction is in the interest of Improvement ;md clear. ancc of the slum areas; and .

(c) suclt other factors, if any, as may be prescribed.

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(5} Where the competent authority refuses to grant the permission, it shall record a bri~f statement of the reasons for such refusal and furnish a copy thereof to the applicant.

23. Appeals against orders refusing to gra'lt permrssion.-Any p erson • aggrieved by an order of the competent authority refu~ing to grant the per· mission referred to in su J-section {I ) of section 22 may, w1thin such time as may be prescribed, prefer an appeal to tJle Collector and the order of the ~ Colleetor on such appeal &hall, subject to the provision~ of ~ection 24, be final.

~4 Revision ~by Government.-( i) The Gov~rnment may, either su? motu or an application by any person aggritved, call for and examine the record of any order passed by the Collector under section 23 for the purpose of sausfying themselves as to the legahty, propriety or regularity of such order and pass such o1·der thereon as they think fit:

Provjded that no order shall be passed under th1s sub-section unless the local authority concerned has been given an opportunity of being heard.

(2) The Gover nment shall not of their own mot•on revise any order under sub-sect ion ( 1) tf that order has been r~asscd more tha n three months previous\ y.

(3) An application under sub-section (I) by an aggrieved person shall be made withm a period of two months from the date on which the order m question was communicated to him :

Provided that the Government may admit a n application made after the expiry of the satd pr rtod of two months if they are satisfied that the appli- cant had sufficient cause for not making the applicc1tion within that period.

(4) An order prejudicial to a person !hall not bt passed under sub· section ( 1) unless that person has been given a reasonable opportunity of showing cause against such order . ..

Explanatt~Jn .-An order declining to intetfere shall , fot the purposes of this sub-section, be deemed to be an ()rdcr prejudicial to a person. 2S. Restoratz~n of possession of prtmzses vacated by a tenant.-( I) Where a tenant in occupation of any buildmg m a slum a rt a vacates the building or is evicted therefrom on the ground that it was requ•re:l for the purpose of executing any work of improvement or f0r the purpose of re-erection of thr building, the tenant may, withm such tlme as ma y be prescribed, file a dec· laratten with the competent authonty tha t he desires to be replaced in occupation of the buildmg after the completion of the work of improvement or re-erection of the buildmg, as the case rr ay be.

\2) On receipt of such declara tion, the compeu:Iat authority shall by order mquire the owner of the buLlding to turnish to it, within such time as may be prescribed, the plans of the work of improvemt:nt or rc-erection of · the buiJdmg and estimates of the cost theteof and such other particulars as . may be necessary and shall on the bas1s of such plans and estimates and parti- culars, if tny, furnished and ha\ ing regard l <' tbe provi3ions of sub-section (3) ~.

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of section 26 and after holding l!UCb inquiry as 1t may think fit, provisionally determine the 1 ent that would be payable by the tcn.mt if he were to be re-placed in occupation of the building in pursuance of the dcc\nration made by htm und(,;r sub section (I) .

(3) The tent provisionally determined under suh1ec1 ion (2) shall be communicated in tl1e prescribed mannet• to the tenant and 1 he owner.

(4) If the tenant afte1· the receipt of such communication intim:tt\!5 in writing to the CO!Dpetent authority within such time as mny be prr.scribed that when h~ is re-placed in occupation of the building in JHirl!uance of the declarataon made hy him under sub section (J ), he would pay tu the owner, until the rent 1s finally determin~d under secuon 26, thr. n~n\ p1 ovisiona\ly determined 4nder CJub Eection (2), the CGmpetent authodty shall direct the owner ,to place the tenant in occupation of the building altcl tlu: completion of the \\Ork of impl'Ovemcnt or re-ercction of the building, .ts the ca~e m"ly be, and the owner shall he bound to comply with such di1 cctiotl.

26. Rent of buzldmgs z1z slum areas.-(1) Where any uuilt\ing inn slum aa·ea is let to a tenant after the execution of any wm k of imprnvemcnt or after it has been rc-crected, tJ,c rent of the building shall be determined in accordat\ce with the p1ovision3 of this section.

(2) Where any such bualding is ·let to a tenant, othet than a tcmant who is placed in posses!iion of the building in pw·suance ofn direction issued under sub section (1) of section 25, the tenant shall be liable to pay to the owner,-

(a) 1f there is a general law rel ttting to the control of n:nts in force in the area in which the buildang is situate and applicable to that building, the rent determined in accorcLmcc with the provtsions of that l.tw, {u) if there is no such lciw in force in such area, such rent as may be agreed upon between the owner and the ilenant.

(3} Whe1e any such buildiug ts let to a tenant 111 put mancc of a direction issued undt·t subsection (4) of secrion 25, the tenant shall, not- witnstandi.ng any law relat1n~ to the control of rents in fo1 ct~ in the are.\ , be liable to pay to the owner,-

(a) if any wo1 k of improvement has been executed in 'dation to the building, an annual 1 en t of a sum equivalent to the aggreg.tte of the follow- ing amounts, namcly;-

{i) the annuul 1 cnt the tenant was P·')'ing immediately before he vacated the building foJ the purpose of execution of the woJ k of irn provemen t;

(ii) four per cent of the co'5t of the work of improvement; and

(iii) six pet cent of a 11um equivalent to the amouut payable iu respect of any iand which may h..1ve bcel\ c1Cquircd for the purpcsc of t'ffccting Juch improvement as if such land were acquired under sectton 14 on the date or the co:nmencement of the work of impt ovemcnt;

(b) if the buildin~ h.\1 been rc::-crectedJ an annual rent ol a mm equivalent to three per cent of the n~greg.tte coc:;t or reconslructiou or th~ Lh.ulding and the cost of tile l.md on which the building is re-crccted. 34Jl150JB.

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ExplantJfion.-For the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the amount payable in respect of th.e land if it were acquired ur.der section 14 on the date of commencement of the reconstruction of the building.

(4) The rent payable by a tenant in re~pect of any building under sub- • section (3) shall , on an application made by tht> tenant or the owner, be 1. determined by the authority referred to in sub section (5):

Provided that an application for determination of such rent. by the • owner or the tenant shall not, except for suffici~nt cause, be enterlained by auch authority after the expiry of ninety days from the complet.ion of the work of improvement or re·erection of the building, as the case· may be.

(5) The authority to which the application referred to in sub section

(4) shall be made shall be,-

(a) where there 1s a general law relating to the control of rents in force in the area in which the building is situate, the authority to whom applications may be made for fixing of rents of buildings situate in that ·area; and for the purpose of determining the rent under chis section that authority may exercise all or any of the powers it has under ~the said general law; and the provisions of such law mcluding prov1sions relating to appeals shall apply accordingly; - ·

(b) if there is no such law in force in that area, such authonty as • may be specihed by rules made in this behalf by the Government, and such rutes may provide for the prOC'!dure that wilJ be followed by that authority in determining tlle rent and also for appeals against the decision of such a authority. •

(6) Where the rent is finally determjned under ~this sectjon, then the amount of rene paid by the tenant shall be adjusted against the unt so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

27. Tenants not to sub-let or alzenaLe.-(1) Notwith~tanding anything contained in any law for tiLe time being in force, or in any contract, no tenant of any building in a slum area shall, after the execution of any work of improvement in rtlation to that building or after it h as been re·erected, su~lrt that building or alienate h1s nghts m respect of that buitdiJlg with~ ~ out the previous permission i11 writing of the competent a\lthonty.

(2) If the t~nant of any bu1lding sub-lets that buildmg or portion thereof or alienates his 1 ight m respect of that building or portion thersof in ~ contravention vf sub sectmn (I), such sub.lease or alienation shall be irivaUd l.J' and ~uch building or portion of building or, as tht case may be, suLh rights shall rev~ct to the owner of such building or vortion.

28. E.xemption.-Nothing in sections 22, 23 and 24 shaU apply to, or in rdatiop to, a tenant of any buildjng in ,a slum area belongmg to the Govern~ ment or any local authority.

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CHAPTER VII

MISCELLANEOUS

29 . Powers of entry.-It shall be lawful for any officer of th~ competent authority 1uthorised "Y that authority in this behtJf to enter int•) or upon any building or land in a slum area or in any area Wht' re the competent authority has reason t~ b elieve that conditions of the nature referred to in secti0n 3 prevad, with or without assistants or workmen, in order to make any inqniry, inspection, measurement, valuation or survey or to execute any work which is authorised by or under thi" Act or which it h n(ces~ary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or order made thereunder.

30. Poweri of inspection.-( 1) The competent authori ty may, by genera) or special order, authorise any officer of that authority-

(a) to m:spect any drain, latrine~ urmal, cesspool, pipe, sewer or channel m or on any buildjng or ]and in a slum area, and in his t1iscretion to cause the ground to be ooencd for the purpose of preventing or removing any nuisance arising from the drain, latrine, urina.l, cesspool, pipe, sewer or ~hannel, as the case may be;

(b) to examjne works under constru ct.ion i n the 3Jum arra, to take levels or to remove, test , cxaminr, replace or read any meter. {2) If under subsection ( 1) any ground is opened~ the expenses thereby incurred shall be paid by the owner or occupier of the land or building. but if it is found 1hat no nuisance exists or, but for such opening, would have a risen, the grou nd or portion of any building , drain , or other work opened, injured or rea.ovcd for the purpose () [ such inspection shall hn filled in, reinstated, or made good , as th(! cace may bt:, by the comprtcnt authority.

31. Power to enter land adjoining lJ.nd wher~ work is ttz pro~rus.-tt) Any officer authorised by the competent authority in thlS behalf may, with ot without assistants o r workmen, enter on. any land within fo rty-five m~trea of any work authorised by or under this Act for the purpose of depositing thereon any soil , gravel, stone or other materials or for obtaining acces.s to such work or for any other purposes connecte-d with the carrying on of the same.

(2) Any officer authorised under subsection (1) shaH, before entering on any land under subsection ( l) , state the purpose thereof, and shall, if so required by the occupict or owner, fence off so much of the land as may be required for such purpose . _.

(3) Any officer authorised under subsection ( 1) shall, in exercising any power conferred by this section, do as little damag~ as may he reasonably necessary c:md compensation sha ll be payable by the comp r.t:cnl authority to the owner or occupict of such ]and or to both for any such damage whcthor permanent or temporary.

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32. Breaking into buildings.-It shall be¹lawful for any officer authorised by the competent authority in this behalf to make any entry into any place or to open or cause to be o.pened any do Jr, gate or other barrier- ( a) If he cousjders the opening thereof necessary for the purpose • of such entry; and

(b) if the owner or occup1cr is absent, or being present refuses to open such door, gate, or barrier. 4t

33. En·try to be n,ade zn day tlmt.-~o entry authorised by or under this Act shall be made except bt>tween the hours of sunr:se and sunset.

34. Owner's consent qrdmarily to be obtawed.-Save as provided in this Act, no building or land shall be enter<"d without the consent oftht' occupier, or if there is no occupier, of the O\\'ner thereof, and no such entry shall be made without givmg the said occupier or owner, as the <..ase may be, ~ot less than twenty-four hours' written notice of the in.ttntion to make such entry :

P1ovidcd that no such notice sh1ll be necessary if the place to be inspected is a shed for cattle or a latrine 01 urinal or a work under construction. ,

35. Power of eznctiotz tv be exercised only by the competent authortty.-Wbere • the competent authority 1\ satisfied either upon a representation from the owner of a buildmg or otherwise that the occupants of the bUtldmg have not vacated it in pursuance of any nouce, order or direction issued or given bv the authority, the authority sh1ll, by order, direct the evtction of the occu· A pants from the building in such manner and \\' i hin such time as may be W' specified in the order :

· Provided that before making any order under this section thl! com· petent authority sha11 give a reasonable opportunity to the occupants of the 1 buildmg to show cause why they should not be evicted therefrom.

36. Power to t8move offenswe or dtmgerous l1atlesjrom slum areas.-The com- petent authority may, by order m wnting, direct any person carrying on any dangerous or offensive trade in a ~lum area to remove the trade from that area with;n such time as may be specified in the order:

Provided that no order under this section shall be made unless the (j) person carrymg on the trade has been given a reasonable opportunity of show1ng cause why the order should not be made.

37. Appeak-( l) Ex< ept a<> otherwise expressly provided j~ tllisb Act, (9 any per~on aggreived by any notice, order or direction issued or g1ven . y t\1e competent authority may appeal to the Collector within a period of thirty days from the date of receipt of ~uch notice, order or ?irect10n.

(2) Any person aggneved by an order passed by the Collector under subsection (I) may prefer an appeal to the Government within thirty days from the date of the order of the Collector.

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(3) Every appeal under this Act shall be made hy petition iu writing accompanied hy a copy of the notice, order or direction appealed again~t.

(4) On the admission of an ap,peal, allprocedingc;to cnforc': the uotice, order or direction and all prosecutton for any contravention tlu:n:of &ltall be held in abeyance pending the dcci~ion ot the appeal, .md 1f th(· notice, order or direction h set a~ide on appeal, di.sol>f!dtencc tlH·reto shaH not be deemed to be an offcnee.

(5) All petitions of appeal under this Act !~hall be affixed wtth court-fee ~tamp of such value as may be prescribed.

(6) No appeal shall be decided under this section unlrc;"~ the appellant has been heard or has had a reasonable opportunity of being heard ill person or through an authorJ!ied agent.

(7) The decision of the Government on appral shall be final and shall not be questioned in any court.

38 . Servzce of nohct1 • etc.-( I) Every notice, ordt•r or dit <:ction ,jg'"ucd under 'his Act shall, ~ave as olherwise exprr~~ly provided in thi! Ac~, be berved-

(a) by giving or t~ndering the nouce, order or dJrccliou, or hy send- ing it by registered post with acknow)edgemcnt due to the }JCJllinn lo whom it is inunded; or

(b) if l)UCh person cannot be found. by affixing the noti<.c, order or direction on some conspicuous part of his last known pln.c<' of abode! or business, or by giv>ing or tcndenng the notice, order or direction to some adult member of his family or in the absence of any such nlelllhcr, on a servant of the family, and, if such service is not 1>ossible, by affixing the notice, order or direction on ~orne conspicuous part of the buildmg or land, if any, to which it rcl~tc~.

(2) Where the penon on whom a notice, ordct• or dir~ction is to be servf'd JS a minor, service upon his guardian or in his absence upon any adult tnetnber of his family or in the ab~ence of both upon any !crvunt of his f.'lmily shall be deemed to be service upon the minor.

(3) Evety notice, mdcr or direction, whir h by or under this Aet is to be served as a public notice, order or direction or as a n..>.ticc, order 01 dirr.c .. tion which is not required to be :;crved to any indivJdual therein llpccificu shall, save as othet wi~e expressly provided in thi~ Act, be decm·cd to be suffi- ciently served if a copy thereof is affixed in such conspicuous part ot the office of the competent aut honty or in ::.uch other public place during such period or is pubhshed in 'tUCh loc 1l new..,papcr or 111 such other manner, ns the competent authority may darc<;t.

39. Penalties.-(1) Whoever fails to comply with any notice, ot·der or direction tssued or given under thb Act shall be punishable with impt i~on- ment for a term which may extend to three month-., nr with fine which may extend to five hundred rupees, 01 with both.

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(2) Whoever co.nmences or causes to be commenced any work in con- trav.entwn of any restriction or condition . imposed under subsection .(9) o.r section 12 or any plan for the readevelopmcnt of any clearance area shall be punishable with imprisonment for~ term which may extend to three months, • or with fine which may extend to five hundred rupees, or with both.

(3) Whoever obstructs the entry of any person authoris~d under this Act to enter into or upon any buildmg or l.:tnd or molest such person after ~ such entry shitll be punishable with fine which may extend to five hundred 'W rupees.

(4) Any tenant who contravenes the provisions of subsection (6) of section 21 01 ~ubsection ( l) of sectton 27 shall be punishable with imprison· ment for a term which may extend to three months, or w1th fine which may extend to five hundred rupees, or w1th both.

40 Offe"-'es by comparlie,.-, 1) If the person committing an offence under this Act is a company, evnry person who at the t1me the offence was com· mitted was in charge of, and was responsible to1 the company for the conduct of the business of-the company, a c; well as the cc)mpany, shaH be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained 1n this subsection ~hall render any • such person liable to any punishment provided in this Act jf he proves that the offence was committed without his knowledge or th..1t he exercised aU due dillgencc to prevent the commission of such offence. · (2) Notwithstanding anything containtd in subsection ( l), where an • offence under th•s Act has been c•mm1itted by a company and 1t is proved that the offence has been committed with the consent or connivance of, or is attnbutable to any neglect on the part of, any d1rector, manager, secretary or o~her officer of the c1mpany, s1:tch director, manager, secretary or other offiCt!r shall aL,o be deemed to b .! guilty of that offence and shall b.: liable to be proceeded against and punished accordingly.

Expla.natzon. -For the purposes of this section,

(a) 'com tJany' .m~ans a. b~:l.y corporate and includes a firm or other a~soCJahon of mt.i1v1duals ; and

(b) 'direclor' , in relation to a firm1 means a partner in the firm. (i) 41 . Order of demolttion of buzlding in certatn cares -Where the erection of any building has been commenced or 1s being carl'icd out 01 has been completed in contravention of any restrict!on or condition imposedfunder <' subsection (9) of section 12 or a plan tOr the re-development o any clearance area, or m contravention of any notice, order or direction issued or given undrr th•' Act, the comp~tent authority m'3.y, in addit:on to any other remedy that may be t esorted to under this Act or under any oth>!.,. law, make an order dtrecting that such erection shall be demolished by tnc owner thereof within such t1me not exceeding two months as may be specified in the order, and on t he fa1lurc of the owner to comply with the

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order, the competent authority may itself cause the errction to be demolished, and the expenses of such demolition shall be recnvcr~h\c from the owner as arrrars of public revenue due on land :

Provided that no such order shall be made uuless the owner has been given a reasonnblc oppm tunity of being heard.

42. Force to be ustd where necessary -For the exercise of the powers under sections 29, 30, 31, 32, 33, 34, 35 or 41, the CtJmpctc-nt a uthority or the person authorised by it may usc such min imum force ns may be reasonably necessary.

43 . Prevzous sanction of competent fJuth rtlJ' or oficlt aulhou'red by it Jot prosecution. - No pro!ecution for any offence punishable under t l1is Act shnll be instituted except with the previous sanction in writing of tile competent authority 01 an officer autborised by it in this behalf 44- . Powtr to delegate.-The competent authority may, hy otd(r 1n writing, direct that any power excrc•sablc by it under this Act m<1y also be exercised, in such cases and subject to such conditione;, if any, as may be specified in tht! orde1, by such officer or local authority as may he mentioned therein.

45. Protect1on of action take11 l1l good faith - ( I) No ~ui t, proc;ecution, or other legal proceedings shall lie against the Gov<:rnmcnt or the competent authority or any local authotity or person for nnything which is in good faith done or intended tO be done in pursll.lllCC OJ' any ot the provisions of thi.i Act or any rule or order made thereun(leJ .

(2) No suit OJ' other legal procced mgs shall JJe against 1 he Gnvern- ment or the competent authority or any local authority or person for any damage caused or likely to be caused by anything wh1c-h is in good fai1h done or intended to be done in pursuance ot any of the provisions of this Act or any rule ot orJer made thereunder.

46 . Bar of jurisdution-Save c1s otherwise expressly pt·ovjdcd in tit :s Act, no civil court ~hall have jurisdiclioll ifl respect of any matter which any author1ty or person 1S empowered by or under this Act to determine and no injunction shall be granted by .1ny court or otJter authority in respect of any action taken or to be t:lken in pursu.mcr of any power conferred by or under this Act.

47. Competent authonty etc., to be public servonts.-The competent authority and any perc;on authorised by it under this Act siMJJ be deemed to be public scrvc1nts witbjn the meaning of section 21 of the Indi.m Penal Code (Central Act 45 of 1860).

48 . Act to over-ruk ot!ter /aws.-The provisions of tlLis Act and the rul~s made ther~UJlder shall have effect notwithstanding anything in- consistent therewith contained ir: any other law :

Provided that if any slum a1ca is situate in any town or other atea in respect of which any plan or scheme for development or 1111provemcnt has been sanctioned under any other law for the time being in force, then

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lh~ orders o; the competent authority regarding re-development of tl1c slum area shall, as far as possible, be m conformity with such plan or Iii Cherne.

~9. Power to make rules.-( l ) The Government may, by notification ::1 t!1e Gazette, make rul~ to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide fo1 a ll or any of the followmg matters, namely :-

(a) the manner of authentication of notices, otders and other instruments of the competent authorhy;

(b) the preparation of plans for the re-development of any slum area and mattc.rs to be included in such plans ;

(c) the form in which an apphcatton under subsection (4) of section 8 shall be made and the mformation to be furntshed and the fees to be levied in respect of such apphcacion ;

(d) the · manner in which inquiries may be held under .sections l6 and 2~;

(e) the form and manner in which applications for permission undtr subscct10n (2) of section :l2 ghall be made and the fe~ to be levied in respect of such applications ; •

(f) the procedure to be folJowed by the competent authority before grantmg or refusing to grant permission under section 22;

(g) the time within which an appeal may be preferred under subsection (9) of section I 2 or sect10n ·23;

(h) the time within which a declarat10n may be 1iled under subsection

(1) or an intimation may be sent under subsection ( 4) of section 25 and the _ fees, if any., to be levied in respect of such declaration;

(i) the time within wh1ch plans, estimates a.nd other particulars referred tom ~ ubsection (2) of section 25 may be furnished

(j) the procedure to be followed by the competent authority for fiXlng the prov1sional rent under sub~ection (2) of section 25,

(k) the manner in which the rent provisionally determined under sub- section (2) of sect10n 25 shall be communicated to the tenants and owner.:~;

(I) the matters in respect of which provision may be made under stib~ section (5) of section 26;

(m) fc~s to be levied for petitions of appeal under section 37;

(n) the officers and local authoriti~ to whom powers ma.y be delegated under section 44 ;

(o) any other matter which is to be, or may be, prescribed I --- -

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