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SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956
96 of 1956
29th December, 1956
STATEMENT OF OBJECTS AND REASONS "The rapid growth of population and overcrowding have created bad slums in Delhi. The average density of population in the Delhi City (area administered by the Delhi Municipal Committee) is about 600 per acre as against the normal standard of 200 per acre. In slum areas the average density is even higher varying from 800 to 1,200 per acre and in some katras the density is as high as 2,500 per acre. Other common features of these slum areas are (i) dilapidated conditions of the tenements, (ii) lack of civic amenities and community facilities and (iii) cattle sharing the available space with human beings. The slums are a menace to the safety, health and morals of the inhabitants and it is of imperative necessity that improvements in, and clearance of, the slum areas have to be taken in hand immediately. 2. At present, there are neither any powers for entering privately owned slum areas for the purpose of providing basic amenities such as water supply, lavatories, etc., nor any powers for acquiring slum properties and demolishing dilapidated houses. 3. Slum dwellers are also harassed by eviction by landlords. Provision is necessary to prevent such eviction. 4. It is, therefore, considered necessary that a comprehensive Slum Improvement Clearance Act be enacted under which Government should have the necessary powers for carrying out the requisite improvements, acquisition or demolition of slum properties and for the prevention of eviction of tenants from slum areas. Even though the necessary legislation is required mainly for Delhi, it is considered that it is better if it is enacted for all the Union Territories except those ol Andaman and Nicobar Islands and Laccadive, Minicoy and Amindivi Islands. The Bill, therefore, provides that the Act will come into force in a Union Territory only on such date as the Central Government may notify."-Gaz. of Ind., 15-12- 1956, Extra., Pt. II, section 2, p. 1169. Amending Act 43 of 1964.- The Act was passed to remove difficulties experienced in the working of the Act to facilitate and quicken slum clearance work, to require owners to restore the possession of the improved and redeveloped premises to the previous tenants on payment of a reasonable rent, and to give protection against eviction to tenants such as Amledars of premises in slum areas. 2. The main features of the Bill are,- (a) unauthorised building activity in slum areas will be prohibited; (b) the competent authority will have the power to re-develop a clearance area before this work is commenced by the owner, if it is necessary in the public interest to do so. That authority will also be authorised to undertake re- development work itself if the owner re-develops the clearance area in contravention of the plans or delays the work of re-development work; (c) it will be obligatory on the owners of slums, who take up improvement or redevelopment work of their property to restore possession of the premises to the previous tenants in the improved or re-erected buildings at a concessional rent; (d) proceedings for the eviction of tenants in the slum areas will not be taken without the prior permission of competent authority. 3. The notes on clauses explain the various changes proposed to be made.-Gaz. of Iind.. 17-9-1963, Pt. II,section 2, Ext., p. 676. An Act to provide for the improvement and clearance of slum areas in certain Union Territories 2and for the protection of tenants in such areas from eviction. BE it enacted by Parliament in the Seventh Year o f the Republic of India as follows :-
CHAPTER 01 PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be The Slum Areas (Improvement and Clearance) Act, 1956.
(2) It extends to all Union Territories except the Union Territories of the Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindivi Islands.
(3) It shall come into force in a Union Territory on such date3as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different Union Territories.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "Administrator" means the Administrator of a Union Territory;
(b) "building" includes any structure or erection or any part of a building as so defined but does not include planter machinery comprised in a building;
(c) "competent authority" means such officer or authority as the Administrator may, by notification in the Official Gazette, appoint as the competent authority for the purposes of this Act;
(d) "erection," in relation to a building, includes extension, alteration or re-erection;
4[(e) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(f) "occupier" includes-
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner in occupation of; or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;]
(g) "owner" includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or as agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant;
(h) "prescribed" means prescribed by rules made under this Act; and
(i) "slum clearance" means the clearance of any slum area by the demolition and removal of buildings there from.
5[(j) "work of improvement" includes, in relation to any building in a slum area, the execution of any one or more of the following works, namely :-
(i) necessary repairs;
(ii) structural alterations;
(iii) provision of light points, water taps and bathing places;
(iv) construction of drains, open or covered;
(v) provision of latrines, including conversion of dry latrines into water-borne latrines;
(vi) provision of additional or improved fixtures or fittings;
(vii) opening up or paving of courtyards;
(viii) removal of rubbish; and
(ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above.] OBJECTS AND REASONS "Clause 2.-The definition of 'occupier' has been amplified to include persons who are paying or are liable to pay rent of the land or the building and certain categories of persons in occupation of or otherwise using the land or building so as to facilitate recovery under section 6-of the Act of expenses incurred in connection with the maintenance of works of improvement, etc. It is on the same line as in the Delhi Municipal Corporation Act, 1957 The definition of "work of improvement" besides being placed in its proper alphabetical order, has been slightly modified to include provision of bathing places."-Gaz. of Ind., 17-9-1963, Pt. II-S. 2, Extra., p. 678.State Amendments
CHAPTER 2 SLUM AREAS
SECTION 03: DECLARATION OF SLUM AREAS
(1) Where the competent authority upon report from any of its officers or other information in its possession is satisfied as respects any area that the buildings in that area-
(a) are in any respect unfit for human habitation; or
(b) are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings. narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals; it may, by notification in the Official Gazette, declare such area to be a slum area.
(2) In determining whether a building is unfit for human habitation for the purposes of this Act. regard shall be had to its condition in respect of the following matters, that is to say-
(a) repair;
(b) stability;
(c) freedom from damp:
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of waste water; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. State Amendments
CHAPTER 03 SLUM IMPROVEMENT
SECTION 04: POWER OF COMPETENT AUTHORITY TO REQUIRE IMPROVEMENT OF BUILDINGS UNFIT FOR HUMAN HABITATION
(1) Where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation. It may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit. serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in the opinion of the authority those works will render the building fit for human habitation.6[Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water -taps, bathing places, construction of drains, open or covered, as the case may be, provision of water- borne latrines or removal of rubbish and such works are to be executed outside the building the notice shall be served upon the owner of the land.]
(2) In addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in. the building7[or the land on which the building stands] whether as lessee, mortgagee or otherwise.
(3) In determining, for the purposes of this Act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
OBJECTS AND REASONS "Clauses 3 and 4.-Sections 4-and5-of the Act empower the competent authority to require by notice the owner of the building to execute works of improvement of the building in slum areas. These have been found to be inadequate in cases where the owner of the land is different from the owner of the building and certain essential improvements outside the building have to be carried out, which can be done only by the owner of the land, clauses 3 and 4 seek to amendsections 4-and5-of the Act suitably to remove this difficulty."-S.O.R. of Act 43 of 1964.State Amendments
SECTION 05: ENFORCEMENT OF NOTICE REQUIRING EXECUTION OF WORKS OF IMPROVEMENT
(1) If a notice under section 4-requiring the owner of the building8[or of the land on which the building stands, as the case may be,] to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the competent authority may itself do the works required to be done by the notice.
(2) All expenses incurred by the competent authority under this section, together with interest, at such rate as the Central Government may by order fix from the date when a demand for the expenses is made until payment, may be recovered by the competent authority from the owner of the building, 9[or of the land on which the building stands, as the case may be] as arrears of land revenue : 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 other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid.
OBJECTS AND REASONS See under section 4-State Amendments
SECTION 06: EXPENSES OF MAINTENANCE OF WORKS OF IMPROVEMENT, ETC., TO BE RECOVERABLE FROM THE OCCUPIERS OF BUILDINGS
Where works of improvement have been executed in relation to any building in a slum area in pursuance of the provisions of sections 4-and5-, the expenses incurred by the competent authority or, as the case may be, any local authority in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be recoverable from the occupier or occupiers of the building as arrears of land revenue. State Amendments
SECTION 06A: RESTRICTION ON BUILDING, ETC., IN SLUM AREAS
(1) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority,
(2) Every notification issued under sub-section (1) shall cease to 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.
(3) 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 form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.
(4) On receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing,-
(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or
(b) refuse to grant such permission : Provided that, before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
(5) Nothing contained in sub-section (1) shall apply to-
(a) any works of improvement required to be executed by a notice under sub-section ( 1 ) of section 4-or in pursuance of an undertaking given under sub-section (2) of section 7-; or
(b) the erection of any building in any area in respect of which a slum clearance order has been made under section 10-.
Objects And Reasons "Clause 5.- Proposed section 6-A-empowers the competent authority to prohibit for a reasonable period the construction of any building or any addition or alteration in an old building in the areas declared as slum areas except with its previous permission and on such terms and conditions as may be imposed in this regard. This will facilitate planned improvement of slum areas."-- S.O.R. of Act 43 of 1964.
SECTION 07: POWER OF COMPETENT AUTHORITY TO ORDER DEMOLITION OF BUILDING UNFIT FOR HUMAN HABITATION
(1) Where a competent authority upon a report from any of its officers or other information in its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the competent authority and gives an undertaking to the authority that such person shall, within a period specified by the authority, executes such works of improvement in relation to the building as will in the opinion of the authority render the building fit for human habitation, or that it shall not be used for human habitation until the authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the competent authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
SECTION 08: PROCEDURE TO BE FOLLOWED WHERE DEMOLITION ORDER HAS BEEN MADE
(1) Where an order for demolition of a building under section 7-has been made, the owner of the building or any other person having an interest therein shall demolish that building within the time specified in that behalf by the order; and if the building is not demolished within that time the competent authority shall enter and demolish the building and sell the materials thereof.
(2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of the proceeds of sale of materials of the building shall be recoverable from the owner of the building or any other person having an interest therein as arrears of land revenue.
CHAPTER 4 SLUM CLEARANCE AND REDEVELOPMENT
SECTION 09: POWER TO DECLARE ANY SLUM AREA TO BE A CLEARANCE AREA
(1) Where the competent authority upon a report from any of its officers or other information in its possession is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the authority shall by an order notified in the Official Gazette declare the area to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act : Provided that any building in the area which is not unfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the authority considers it necessary.
(2) The competent authority shall forthwith transmit to the Administrator a copy of the declaration under this section together with a statement of the number of persons who on a date specified in the statement were occupying buildings comprised in the clearance area.
SECTION 10: SLUM CLEARANCE ORDER
(1) As soon as may be after the competent authority has declared any slum area to be a clearance area, it shall make a slum clearance order in relation to that area ordering the demolition of each of the buildings specified therein and requiring each such building to be vacated within such time as may be specified in the order and submit the order to the Administrator for confirmation.
(2) The Administrator may either confirm the order in toto or subject to such variations as he considers necessary or reject the order.
(3) If the Administrator confirms the order, the order shall become operative from the date of such confirmation.
(4) When a slum clearance order has become operative, the owners of buildings to which the order applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the order to be vacated or before the expiration of such longer period as in the circumstances of the case the competent authority may deem reasonable.
(5) If the buildings are not demolished before the expiration of the period mentioned in sub- section (4), the competent authority shall enter and demolish the buildings and sell the materials thereof.
(6) Any expenses incurred by the competent authority in demolishing any building shall, if not satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as arrears of land revenue.
11[(7) Subject to the provisions of this Act, where a slum clearance order has become operative, the owner of the land to which the order applies may redevelop the land in accordance with plans approved by the competent authority and subject to such restrictions and conditions (including a condition with regard to the time within which the redevelopment shall be completed), if any, as that authority may think fit to impose : Provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the Administrator and the Administrator shall make such order in the matter as he thinks proper and his decision shall be final.]
(8) No person shall commence or cause to be commenced any work in contravention of a plan' approved or a restriction or condition imposed under sub-section (7).
OBJECTS AND REASONS "Clauses 6 and 7.- Clause 6 substitutes existing sub-section (7) of section 10-by a new sub-section. This new sub-section effects a change which is consequential to the substitution of section 11-by a new section. Moreover, it has been made clear in the new sub-section that the competent authority may impose a condition as to the time limit within which redevelopment shall be completed.-S.O.R. of Act 43 of 1964.
SECTION 11: POWER OF COMPETENT AUTHORITY TO REDEVELOP CLEARANCE AREA
(1) Notwithstanding anything contained in sub-section (7) of section 10-, the competent authority may at any time after the land has been cleared of the buildings in accordance with a slum clearance order but before the work of redevelopment of that land has been commenced by the owner, by order, determine to redevelop the land if that authority is satisfied that it is necessary in the public interest to do so.
(2) Where land has been cleared of the buildings in accordance with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, redeveloped by the owner thereof in contravention of plans approved by the authority or any restrictions or conditions imposed under sub- section (7) of section 10-or has not been redeveloped within the time, if any, specified under such conditions, may, by order, determine to redevelop the land : Provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order should not be passed.]
OBJECTS AND REASONS ".......Proposed section 11-consists of 2 sub-sections. Proposed subsection (1) confers power on the competent authority to undertake redevelopment work in urgent cases without giving the owner an opportunity to redevelop the land. Proposed sub-section (2) would apply in cases where the owner has undertaken the redevelopment of the land himself but the redevelopment is not being done in accordance with the plans or has not been completed within the time specified by the competent authority. In such cases the competent authority may determine to redevelop the land. It is, however, being provided that no such order shall be passed without affording to the owner a reasonable opportunity of showing cause against the order proposed."-S.O.R. of Act 43 of 1964.
CHAPTER 05 ACQUISITION OF LAND
SECTION 12: POWER OF CENTRAL GOVERNMENT TO ACQUIRE LAND
(1) Where on any representation from the competent authority it appears to the Central
Government that, in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to redevelop any clearance area, it is necessary that land within, adjoining or surrounded by any such area should be acquired, the Central Government may acquire the land by publishing in the Official Gazette a notice to the effect that the Central Government has decided to acquire the land in pursuance of this section : Provided that, before publishing such notice, the Central Government may call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such land to show cause why it should not be acquired; and after considering the cause, if any, shown by the owner or any other person interested in the land, the Central Government may pass such order as it deems fit.
(2) When a notice as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notice is so published, vest absolutely in the Central Government free from all encumbrances.
SECTION 13: LAND ACQUIRED BY CENTRAL GOVERNMENT TO BE MADE AVAILABLE TO THE COMPETENT AUTHORITY
Where any land in a slum area or clearance area has been acquired under this Act, the Central Government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of redevelopment.13 [Provided that where on any representation from the competent authority, the Central Government is satisfied that any such land or any portion thereof is unsuitable for the purposes mentioned in this section, the Central Government may use the land or allow it to be used for such other public purpose cr purposes as it may deem fit.]OBJECTS AND REASONS "Clause 8.- The proposed proviso to section 13-is intended to make it clear that in cases where land acquired under the Act has become or is found to be unsuitable for the purposes of slum improvement, the Central Government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit."-S.O.R. of Act 43 of 1964.
SECTION 14: RIGHT TO RECEIVE COMPENSATION
- Every person having any interest in any land acquired under this Act shall be entitled to receive from the Central Government compensation as provided hereafter in this Act.
SECTION 15: BASIS FOR DETERMINATION OF COMPENSATION
(1) The amount payable as compensation in respect of any land acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 12-.
(2) The net average monthly income referred to in sub-section ( 1 ) shall be calculated in the manner and in accordance with the principles set out in the Schedule.
(3) The competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate to it before a date specified i n the notice whether such owner or person agrees to the amount so determined and if he does not so agree. what amount he claims to be the net average monthly income actually derived from the land. '
(4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the Administrator within thirty days from the date specified in the notice referred to in that sub-section.
(5) On appeal the Administrator shall, after hearing the appellant, determine the net average monthly income and his determination shall be final and shall not be questioned in any Court of law.
(6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building:
Provided that where the owner of the land and the owner of the building on such land are different the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building 14[in the same proportion as the market price of the land bears to the market price of the building on the date of acquisition.]
14[ * * * * * ]
OBJECTS AND REASONS "Clause 9.-Section 15(6)-is being amended to make it clear that the apportionment of compensation between the owner of the land and the owner of the building standing on such land would be in the proportion the market price of the and bears at the time of acquisition to the market price of the building thereon. At present it is left to the discretion of the competent authority."- S.O.R. of Act 43 of 1964.
SECTION 16: APPORTIONMENT OF COMPENSATION
(1) Where several persons claims to be interested in the amount of compensation determined under section 15-, the competent authority shall determine the persons who in its opinion are entitled to receive compensation and the amount payable to each of them.
(2) If any dispute arises as to the apportionment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the competent authority may refer the dispute- to the decision of the Administrator; and the Administrator in deciding any such dispute shall follow, us far
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