Back
CALCUTTA SLUM CLEARANCE AND REHABILITATION OF SLUM-DWELLERS ACT, 1958
CALCUTTA SLUM CLEARANCE AND REHABILITATION OF SLUM-DWELLERS ACT, 1958
20 of 1958
30th December, 1958
An Act to provide for the clearance of slums in Calcutta and Rehabilitation of Slum- dwellers and for certain other matters connected therewith. WHEREAS it is expedient to provide for the clearance of slums in Calcutta and wherever possible for the erection of planned buildings after demolition of existing huts and other structures in such slums in the manner hereinafter appearing with a view to the removal of insanitary and unhygienic conditions prevailing therein, the provision of better accommodation and improved living conditions for the slum-dwellers, and the promotion of public health generally, and for certain other matters connected therewith; It is hereby enacted as follows:
Section 1 Short title, commencement and extent
(1) This Act may be called the Calcutta Slum Clearance and Rehabilitation of Slum-dwellers Act, 1958.
(2) It shall come into force on such date as the State Government may by notification11. The Act come into force with effect from 1.3.1959 vide Notification No.1644- M/1A-5/59, dated 25.2.1959. appoint.
(3) It shall apply to Calcutta or to such portion or portions thereof as the State Government may, from time to time, by notification declare. The State Government may by notification extend it to any other town or local area in West Bengal specified in such notification.
Explanation. In this sub-section, "Calcutta" means the area described in Schedule I to the Calcutta Municipal Act, 1951, as deemed to have been amended under section 594 of that Act.
Section 2 Repeal and prohibition of erection or addition or alteration of new hut, etc
In any area to which this Act applies
(a) sections 393 to 413 (both inclusive) of, and Parts VIII and IX of Schedule XVI to, the Calcutta Municipal Act, 1951, and sections 335 to 362 (both inclusive) of, and Parts VIII and IX of Schedule XVII to, the Calcutta Municipal Act, 1923, as extended to the Municipality of Howrah by notification No. 260M, dated the 18th January, 1932, by the Government of Bengal in the Ministry of Local Self-Government and sections 334 to 347 (both inclusive) of, and Sections E, F and G and Form B of Schedule VI to, the Bengal Municipal Act, 1932, as the case may be, shall stand repealed, and
(b) notwithstanding anything contained in any of the aforesaid Acts, no new hut or collection of huts shall be erected or no addition to, or alteration in, any such hut or collection of huts, shall be made in such area except with the permission in writing of the prescribed authority and subject to such restrictions or conditions, if any, as may be prescribed.
Section 3 Definitions
In this Act, unless there is anything repugnant in the subject or context,
(1) "hut" means any structure, no substantial part of which, excluding the walls up to a height of eighteen inches above the floor or floor- level is constructed of masonry, reinforced concrete, ferro-concrete, cemented brick-work, steel, iron or other metal, or any combination of these materials;
(2) "notification" means a notification published in the Official Gazette;
(3) "prescribed" means prescribed by rules made under this Act;
(4) "prescribed authority" means any person appointed by the State Government, by notification, to perform all or any of the functions of the prescribed authority under this Act;
(5) "slum" means any land containing a collection of huts or other structures used or intended to be used for human habitation;
(6) "slum-area" means any area declared as such by the State Government under section 4.
Section 4 Declaration of slum-area
(1) If the State Government is satisfied that in any area
(a) the huts or other structures used or intended to be used for human habitation are unfit for such purposes, or
(b) the unhealthy or unhygienic condition thereof or of the huts or other structures therein, is dangerous or injurious to public health or to the health of the inhabitants of the area, the State Government may, by notification, and in such other manner as may be prescribed, proclaim its intention to declare such area to be a slum-area.
(2) Upon the publication of such a notification and within two months of such publication, the person or persons affected by such notification may make representations in writing to the State Government, stating the grounds of their objection to the intended declaration.
(3) Upon consideration of such representations, if any, the State Government may withdraw the notification mentioned in sub-section (1) or may, by notification, declare such area or any portion thereof to be a slum-area.
Section 5 Acquisition of slum-area
(1) The State Government may, within one year after an area has been declared a slum-area under sub-section (3) of section 4, acquire the land comprised in such area together with all huts and other structures, standing thereon by publishing in the Official Gazette and in such other manner as may be prescribed a notice to the effect that the State Government has decided to acquire such land together with all huts and other structures standing thereon.
(2) When a notice is published as aforeasid, any officer of the State Government authorised by it in this behalf, may take possession of the land comprised in the slum-area together with all huts and other structures standing thereon, and thereupon such land and huts and other structures shall vest absolutely in the State Government free from all encumbrances:
Provided that such officer shall not take possession of any hut or other structure until the expiration of two months from the date of service of a notice to quit such hut or other structure which shall be served in such manner and on such persons as may be prescribed.
(3) If such notice is not complied with by the person concerned mentioned in the proviso to sub-section (2), the officer referred to in that sub-section may
(a) if he is a Magistrate, enforce the delivery of possession to himself of the hut or other structure, in respect of which the notice has been served, or
(b) if he is not a Magistrate, apply to the Commissioner of Police, Calcutta, or to a Magistrate, as the case may be, and such Commissioner or Magistrate shall enforce the delivery of possession of such hut or other structure to such officer:
Provided that the provisions of sub-sections (2) and (3) shall not apply unless the State Government has offered alternative accommodation as near as may be within a radius of one mile from the slum-area to the occupier of such hut or other structure at a rent which the State Government is satisfied is comparable to what was being paid by the occupier or if no rent was being paid by the occupier, what was payable for similar accommodation in the locality and the occupier has refused or neglected to occupy such alternative accommodation within the time prescribed.
(4) Before taking possession under sub-section (2) or sub-section (3) of the land and huts and other structures, the officer shall pay such amount to the occupier as may be prescribed on account of
(a) cost of removal,
(b) cost of dismantling and re-erecting any plant, machinery or such other equipment used for any trade or industry, and
(c) compensation for any temporary loss of occupation.
Section 6 Utilisation of slum-area for building and other public purposes
(1) On the removal of the occupiers from all huts and other structures in pursuance of the provisions of sub-sections (2) and (3) of section 5, the State Government may take all necessary measures to clear the acquired land by the demolition of all huts and structures therein and to erect thereon buildings according to such plan as may be approved by it.
(2) The State Government may itself execute or cause to be executed the measures referred to in sub-section (1) or may entrust the execution to such local authority or any other public authority constituted by Government and on such terms and conditions as may be determined by the State Government.
(3) The buildings so erected or the huts remodelled under sub-section (6) will be let out to slum-dwellers and persons of such low income groups as may be prescribed.
(4) The terms and conditions for letting out the buildings erected or the huts remodelled under the provisions of sub-section (3) shall be such as may be prescribed.
(5) Where the acquired land is unsuitable for the construction of any building as aforesaid on the ground that the area is small, or on any other ground, the State Government may use it for such public purposes as it thinks fit.
(6) The State Government may, instead of demolishing huts and other structures and erecting buildings, take measures to remodel the slum in such manner and subject to such conditions as may be prescribed.
Section 7 Compensation
(1) Any person having interest in any land or hut or structure acquired under this Act shall be entitled to receive from the State Government compensation calculated according to the principles enumerated below, namely:
(a) For the interest of the owner of the land compensation equal to the sum of
(i) Value of the land determined according to the following table:
Table
Amount of purchase price.
Value of purpose of compensation.
(1) For the first Rs. 5,000 or less of the amount of purchase price.
100 per centum of the amount.
(2) For the next Rs. 5,000 or less of the amount of purchase price.
80 per centum of the amount.
(3) For the next Rs. 5,000 or less of the amount of purchase price.
70 per centum of the amount.
(4) For the next Rs. 5,000 or less of the amount of purchase price.
60 per centum of the amount.
(5) For the balance of the purchase price, and
55 per centum of the amount.
Section 8 Determination of compensation and manner of payment thereof
The compensation mentioned in section 7 shall be paid and satisfied by issue of bonds by the State Government which shall bear interest at the rate of 5 per centum per annum with effect from the date of vesting referred to in sub-section (2) of section 5. The said bonds shall be redeemed and paid in full at the face value thereof immediately on the expiry of twenty years from the date of their issue but the State Government shall be at liberty to redeem and pay such bonds or any part thereof before the expiry of the said twenty years :
Provided, however, that the State Government shall, where the compensation does not exceed Rs. 5,000, pay such compensation in cash where the amount of the compensation exceeds Rs. 5,000, pay an amount not exceeding Rs. 5,000 in cash and the balance in bonds.
Section 9 Appeal
(1) Any person aggrieved by an order made under section 7 may, within sixty days from the date of such order, prefer an appeal to such authority as may be appointed by the State Government.
(2) The authority appointed to hear appeals may entertain an appeal even after the expiry of the period of sixty days, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(3) The State Government shall not appoint any person as the authority to hear appeals unless he is, or has been, or is qualified for appointment as, a judge of a High Court.
Section 10 Indemnity
No suit shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.
Section 11 Power to make rules
(1) The State Government may, after previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which, under any provision of this Act, are required to be prescribed by rules.
