The Punjab Slum Areas (Improvement and Clearance) Act, 1961

Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961 THE PUNJAB SLUM AREAS (IMPROVEMEN T AND CLEARANCE) ACT, 1961 (PUNJAB Аст No. 24 OF 1961) Arrangement of sections. SECTIONS. CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER II SLUM AREAS 3. Declaration of slum areas. CHAPTER III 339 SLUM IMPROVEMENT 4. Power of competent authority to require improve- ment of buildings unfit for human habitati on. 5. Enforcement of notice requiring execution of works of improvement. 6. 7. 8. Expenses of maintenance of works of improvement, etc., to be recoverable from the occupiers of building. of Power of competent authority to ord er demolition buildings unfit for human habitation. Procedure to be followed w here demolition order has been made. CHAPTER IV SLUM CLEARANCE AND RE-DEVELOPMENT 9. Power to declare any slum area to be a clearance area. 10. Slum clearance order. 11. Power of competent authority to redevelop clearance area or any part thereof. CHAPTER V ACQUISITION OF LAND 12. Power of State Government to acquire land. 13. Land acquired by State Government to be made available to the competent authority. 14. Right to receive compensation 340 THE PUNJAB SLUM AREAS [Act 24 of (IMPROVEMENT AND CLEARANCE) ACT, 1961 15. Basis for determination of compensation. 16. Apportionment of compensation. 1961 17. Payment of compensation or the deposit of the same the court. 18. in Power of competent authority in relation to determina- tion of compensation, etc. CHAPTER VI PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION 19. Tenants in slum areas not to be evicted without permis- sion of the competent authority. 20. Appeals. 21. Chapter not to apply to eviction of tenants from certain buildings. 22. Powers of entry. CHAPTER VII MISCELLANEOUS 23. Power of inspection. 24. Power to enter land adjoining and where work is in progress. 25. Breaking into buildings. 26. Entry to be made in the day time. 27. Owner's consent ordinarily to be obtained. 28. 29. Power of eviction to be exercised only by the compe- tent authority. Power to remove offensive or dangerous trades from slum areas. 30. Appeals. 31. Service of notices, etc. 32. Penalties. 33. Order of demolition of buildings in certain cases. 34. Jurisdiction of courts. 35. Previous sanction of the competent authority or officer authorised by it for prosecution. 36. Power to delegate. 37. Protection of action taken in good faith. 38. Competent authority, etc., to be public servants. 39. Act to override other laws. 40. Power to make rules. Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961 341 'THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961. (PUNJAB Аст No. 24 OF 1961). [Received the assent of the President of India on the 18th May, 1961, and first published for general informa- tion in the Punjab Government Gazette (Extraordi- nary), Legislative Supplement, of the 10th June, 1961.]. 1 2 3 4 Year No. Short title Whether affected by Legislation 1961 25 The Punjab Slun Areas (Improvement and clearance) Act, 1961 Amended by Puujab Act 25 of 19642 Amended by the Adaptation of Punjab Laws Order, 1970. An Act to provide for the improvement and clearance of slum areas in the State of Punjab and for the protec- tion of tenants in such areas from eviction. BE it enacted by the Legislature of the State of Pun- jab in the Twelfth Year of the Republic of India as fol- lows:- CHAPTER I Preliminary 1 1. (1) This Act may be called the Punjab Slum Short title, Areas (Improvement and Clearance) Act, 1961. extent jab. (2) It shall extend to the whole of the State of Pun- 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 1932. 2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964,, pages 935-37. and commence- ment. Definitions. 342 THE PUNJAB SLUM AREA S [Act 24 of 1961 (IMPROVEMENT AND CLEARANCE ) ACT, 1961 (3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint; and different dates may be appointed for different areas. 2. quires,- In this Act, unless the context otherwise re- (a) 'building' includes any structure or erection or any part of a building as so defined but does not include plant or machinery comprised in building; a (b) 'competent authority' means such officer or authority as the State Government m ay by notification in the Official Gazet te, appoint as the competent authority for the purpo ses of this Act; (c) 'erection' in relation to a building includes in extension, alteration or re-erection; (d) '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 and water taps; (iv) construction of drains, open or covered; (v) provision of latrines; (vi) provision of additional or improved fixture 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; (e) 'occupier' includes an owner in occupation of or otherwise using his own land or building; (f) '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 be- half of himself and others or as agent or trustee Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) АCT, 1961 343 or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant; (g) 'prescribed' means prescribed by rules made under this Act; (h) 'slum clearance' means the clearance of any slum area by the demolition and removal of buildings therefrom; and (i) 'State Government' means the Government of the State of Punjab. CHAPTER II SLUM AREAS 3. (1) Where the competent authority upon repert Declaration from any of its officers or other information in its posses- slum areas. sion is satisfied as respects any area that the buildings in that area- (a) are in any respect unfit for human habitation, (b) are by reason of dilapidation, overcrowding, or faulty arrangements and design of such building, narrowness or faulty arrangement of streets, lack of ventilation, light or sani- tation 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) repairs; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water-supply; (f) drainange and sanitary conveniences; of 344 THE PUNJAB SLUM AREAS [Act 24 of 1961 (IMPROVEMENT AND CLEARANCE) ACT, 1961 (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. CHAPTER III SLUM IMPROVEMENT Power of com- 4. (1) Where the competent authority upon re-petent authority toequire i port from any of its officers or other information in its pos-provement of session is satisfied that any building in a slum area is inbuildings unfit aeabi- any respect unfit for human habitation, it may, unlesstation. 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 habita- tion. Enforcement of notice requiring execution of works of im- provement. (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 building whether as lessee, mortgagee or other-wise. (3) In determining, for the purposes of this Act,whether a building can be rendered fit for human habita- tion at a reasonable expense, regard shall be had to theestimated 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. 5. (1) If a notice under section 4 requiring the owner of the building 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 autho- rity under this section, together with interest, at Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961 345 such rate as the State Government may by order fix,from the date when a demand for the expenses is made until payment, may be recovered by the competentauthority from the owner of the building as arrears ofland revenue : Provided that if the owner proves that he- (a) is receiving the rent merely as agent or trusteefor some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the wholedemand of the authority, his liability shall belimited to the total amount of the money whichhe has in his hand as aforesaid. (3) If the owner of the building is different from theperson who owns the land on which the building standsand the expenses incurred by the competent authorityunder this section are recoverable from both thesepersons then such expenses shall be recovered from themin such proportion as may be determined by the competentauthority or by an officer empowered by it in thisbehalf. 6. Where works of improvement have been executed Expenses ofin relation to any building in a slum area in pursuance of maintenanceworks of im-the provisions of sections 4 and 5, the expenses incurred provement,to be recover- by the competent authority or, as the case may be, any able from thelocal authority in connection with the maintenance of such occupiers ofworks of improvement or the enjoyment of amenities and buildings.conveniences rendered possible by such works shall berecoverable from the occupier or occupiers of the buildingas arrears of land revenue. of etc. 7. (1) Where a competent authority upon a report Power of com-from any of its officers or other information in its petent authorityto order demoli-possession is satisfied that any building within a slum tion of buildings unfit for human area is unfit for human habitation and is not capableabitation.at a reasonable expense of being rendered so fit, itshall serve upon the owner of the building, and uponany other person having an interest in the building,whether as lessee, mortgagee or otherwise, a notice toshow cause within such time as may be specified in thenotice as to why an order of demolition of the buildingshould not be made. Procedure to be followed where demolition order has been made. 346 THE PUNJAB SLUM AREAS [Act 24 of 1961 (IMPROVEMENT AND CLEARANCE) ACT, 1961 (2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursu- ance thereof before the competent authority and gives an undertaking to the authority that such person shall within a period specified by the authority execute 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 canceis 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 under- taking 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 com- petent authority shall forthwith make an order of de- molition 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. But the competent authority before the demolition of the building shall ar- range for an alternative accommodation for the occupier or occupiers. 8. (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 interest therein shall demo- lish 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 mate- rials thereof. (2) Any expenses incurred by the competent autho- rity under sub-section (1), if not satisfied out of the proce- eds 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. Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961 CHАPТER VI SLUM CLEARANCE AND RE-DEVELOPMENT 347 9. (1) Where the competent authority upon a report from any of its officers or other information in its posses- sion 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 unſfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the autho- rity considers it necessary. (2) The competent authority shall forthwith transmit to the State Government 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. 10. (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 State Government for confir- mation. (2) The State Government may either confirm the order in toto or subject to such variations as it considers necessary or reject the order. (3) If the State Government confirms the order, the order shall become operative from the date of such con- firmation. (4) When a slum clearance order has become opera- tive, the owners of buildings to which the order applies Power to dec- lare any slum area to be a clearance area. Slum order. clearance Power of_com- petent authority to re-develop clearance area or any part thereof. 348 THE PUNJAB SLUM AREAS [Act 24 of 1961 (IMPROVEMENT AND CLEARANCE) Аст, 1961 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 com- petent authority may deem reasonable. (5) If the buildings are not demolished before the ex- piration 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 autho- rity 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. (7) Where a slum clearance order has become operative, no land to which the order applies shall be re-developed except in accordance with plans approved by the competent authority and except subject to such restrictions and conditions, if any, as the competent auhtority may think fit to impose : Provided that an owner who is aggrieved by a res- triction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to can- cel or modify any such restriction or condition may at any time appeal to the State Government and the State Government shall make such order in the matter as it thinks proper and its decision shall be final. (8) No person shall commence or cause to be com- menced any work in contravention of a plan approved or a restriction or condition imposed under sub-section (7). 11. Where land has been cleared of buildings in accordance with a slum clearance order, the competent authority may, at any time after the expiration of twelve months from the date on which the order became operative by order, determine to re-develop any land which on the date of the making of the order has not been, or is not in the process of being, re-developed by the owner thereof in accordance with plans approved by the authority and any restrictions and conditions imposed under sub-section (7) of section 10. Act 24 of 1961] THE PUNJAB SLUM AREAE (IMPROVEMENT AND CLEARANCE) АCT, 1961 CHAPTER V ACQUISITION OF LAND 349 acquire land. 12. (1) Where on any representation from the Power of State competent authority it appears to the State Government Government to that in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to re-develop any clearance area, it is necessary that the land within, adjoining or surrounded by any such area should be acquired, the State Govern- ment may acquire the land by publishing in the Official Gazette a notice to the effect that the State Government has decided to acquire the land in pursuance of this section: Provided that, before publishing such notice, the State Government may call upon the owner of, or any other person who, in the opinion of the State 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 interes- ted in the land, the State 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 State Government free from all encumbrances. 13. Where any land in a slum area or clearance Land acquired area has been acquired under this Act the State Govern- by State Gov- ernment to be ment shall make the land available to the competent made available authority for the purpose of executing any work of im- to the compe- tent authority. provement or carrying out any order of demolition or for the purpose of re-development. 14. Every person having any interest in any land Right to receive acquired under this Act shall be entitled to receive from compensation. the State Government compensation as provided hereafter in this Act. 15. (1) The amount payable as compensation in res- pect of any land acquired under this Act shall be an Basis for deter- mination of compensation. 350 THE PUNJAB SLUM AREAS [Act 24 of 1961 (IMPROVEMENT AND CLEARANCE) ACT, 1961 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 appended to this Act. (3) The competent authority shall, after holding an enquiry in the prescribed manner, determine in accordance with the provision of sub-section (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specify- ing 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 in 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 incone actually derived from the land. (4) Any person who does not agree to the amount of the net average monthly income determined by the com- petent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the State Government within thirty days from the date specified in the notice referred to in that sub-section. (5) On appeal the State Government shall, after hear- ing the appellant, determine the net average monthly in- come and its determination shall be final and shall not be questioned in any court of law. (6) Where there is any building on the land in res- pect of which the net average monthly income has been determined, no separate compensation shall be paid in res- pect of such building: Provided that where the owner of the land and the owner of the building on such land are different, the com- petent authority shall apportion the amount of compensa- tion between the owner of the land and the owner of the building in such proportion as he considers reasonable; Act 24 of 1961] THE PUNJAB SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1961 351 Provided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the total amount of compensation which has been deter- mined in accordance with the provisions of this section. 16. (1) Where several persons claim to be interested Apportionment in the amount of compensation determined under section of compensa-tion. 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 compe- tent authority may refer the dispute to the decision of the State Government and the State Government in deciding any such dispute shall follow, as far as may be, the pro- visions of part III of the Land Acquisition Act, 1894. of 17. (1) After the amount of the compensation has Payment of the compensation or been determined, the competent authority shall on behalf the deposit of the State Government tender payment of and pay, the the same in the court. compensation to the persons entitled thereto. (2) If the persons entitled to compensation do not con- sent to receive it or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the competent authority shall deposit the amount of the compensation in the court of the District Judge and that court shall deal with the amount so deposited in the man- ner laid down in sections 32 and 33 of the Land Acquisi- tion Act, 1894. 18. (1) The competent authority may, for the pur- Power of com- poses of determining the amount of compensation or ap- Pspetent authorityin relation to portionment thereof, require by order, any person to fur- determination of nish such information in his possession as may be specified compensation,etc. in the order. (2) The competent authority shall, while holding in- quiry under section 15, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance any person and examining him on oath; of