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SLUM AREA(IMPROVEMENT AN CLEARANCE) AMENDMENT ACT, 1964

Ministry of Law and Justice

Act nº 43 of 1964


  • Act nº 43 of 1964

Preamble

THE SLUM AREA(IMPROVEMENT AN CLEARANCE) AMENDMENT ACT, 1964

[Act, No.43 of 1964]

[ 20 th December, 1964.]

PREAMBLE

An Act to amend the Slum Areas (Improvement and Clearance) Act, 1956.

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows :-

Section 1. Short title and commencement

(1) This Act may be called the Slum Areas (Improvement and Clearance) Amendment Act, 1964.

(2) It shall come into force on such date{272-1975: vide Notification No.S.O.689, dated 20-2-1965, Gazette of India, Pt.II, Sec.3 (ii), p.804.} as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 2

In section 2 of the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956) (hereinafter referred to as the principal Act), -

(i) for clauses (e) and (f), the following clauses shall be substituted, namely :-

' (e) "land" includes benefits to arise out of land, and things attached to the earth of 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 in 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 buildings;';

(ii) after clause (i), the following clause shall be inserted, namely :-

' (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.'.

Section 3. Amendment of section 4

In section 4 of the principal Act, -

(a) to sub-section (1), the following shall be added, namely :-

"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.";

(b) in sub-section (2), after the word "building", the words "or the land on which the building stands" shall be inserted.

Section 4. Amendment of section 5

In section 5 of the principal Act,-

(a) in sub-sections (1) and (2), after the words "owner of the building", wherever they occur, the words "or of the land on which the building stands, as the case may be", shall be inserted;

(b) sub-section (3) shall be omitted.

Section 5. Insertion of new section 6A

After section 6 of the principal Act, the following section shall be inserted, namely :-

"6A.Restriction on building, etc., in slum areas.-(1) The competent authority may, be 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 is respect of which a slum clearance order has been made under sub-section 10.".

Section 6. Amendment of section 10

In section 10 of the principal Act, for sub-section (7), the following sub-section shall be substituted, namely :-

" (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 re-develop 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 re-development 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.".

Section 7. Substitution of new section for section 11

For section 11 of the principal Act, the following section shall be substituted, namely :-

"11.Power of competent authority to re-develop 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 re-development of that land has been commenced by the owner, by order, determine to re-develop 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, re-developed by the owner thereof in contravention of plans approved by the authority or any restrictions or conditions imposed under sub-section (7) of sub-section 10 or has not been re-developed within the time, if any, specified under such conditions, may, by order, determine the re-develop 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.".

Section 8. Amendment of section 13

To section 13 of the principal Act, the following proviso shall be added, namely :-

"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 or purposes as it may deem fit.".

Section 9. Amendment of section 15

In section 15 of the principal Act, in sub-section (6),-

(i) in the first proviso, for the words "in such proportion as he considers reasonable:', the words "in the same proportion as the market price of the land bears to be market price of the building on the date of the acquisition." shall be substituted;

(ii) the second proviso shall be omitted.

Section 10. Substitution of new section for section 19

For section 19 of the principal Act, the following section shall be substituted, namely :-

"19.Proceedings for eviction of tenants not to be taken without permission of the competent authority.- (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority,-

(a) institute, after the commencement of the Slum Area (Improvement and Clearance) Amendment Act, 1964, any suit or proceeding for obtaining any degree or order for the eviction of a tenant from any building or land in a slum area; or

(b) where any degree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such degree or order.

(2) 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 particulars as may be prescribed.

(3) On receipt of such application, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission.

(4) In granting or refusing to grant the permission under sub-section (3), the competent authority shall take into account the following factors, namely :-

(a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted;

(b) whether the eviction is in the interest of improvement and clearance of the slum areas;

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

(5) Where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.".

Section 11. Substitution of new section for section 29

For section 20 of the principal Act, the following section shall be substituted, namely :-

"20.Appeals.- Any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 6A or referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the Administrator and the Administrator may, after hearing the appellant, decide such appeal the decision shall be final.".

Section 12. Insertion of new sections 20A and 20B

After section 20 of the principal Act, the following sections shall be inserted, namely :-

"20A.Restoration of possession of premises vacated by a tenant.- (1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose or re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be.

(2) On receipt of such declaration, the competent authority shall be order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (3) of section 20B and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1).

(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.

(4) If the tenant after the receipt of such communication intimates in writing to the competent authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent is finally determined under section 20B the rent provisionally determined under sub-section (2), the competent authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction.

20B.Rent of buildings in slum areas.-

(1) Where any building in a slum area is let to a tenant after the execution of any work of improvement or after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section.

(2) Where any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 20A, the tenant shall be liable to pay to the owner-

(a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law'

(b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant.

(3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 20A, the tenant shall, notwithstanding any law relating to the control of rents in force in the area be liable to pay to the owner-

(a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely :-

(i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement;

(ii) six per cent.of the cost of the work of improvement ; and

(iii) six per cent.of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land where acquired under section 12 on the date of the commencement of the work of improvement;

(b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent.of the aggregate cost of reconstruction of the building and the cost of the land on which the building is re-erected.

Explanation.- For the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 12 on the date of commencement of the reconstruction of the building.

(4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be 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 sufficient cause, be entertained by such authority after the expiry of ninety days from the completion 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 is 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 this section that authority may exercise all or any of the powers it has under the said general law; and the provisions of such law including provisions relating to appeals shall apply accordingly;

(b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the Central Government and such rules may provide the procedure that will the followed by that authority in determining the rent and also for appeals against the decision of such authority.

(6) Where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent 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.".

Section 13. Amendment of section 21

In section 21 of the principal Act, -

(i) for the words "execution of any decree or order under any law for the eviction", the words "eviction under any law" shall be substituted;

(ii) for the words "the Delhi Improvement Trust" the words 'the Delhi Development Authority" shall be substituted.

Section 14. Amendment of section 27

In section 27 of the principal Act, for the words "No building or land", the words "Save as provided in this Act, no building or land" shall be substituted.