 bill no 164 of  2015 the unauthorised colonies, slums and jhuggi-jhopri clusters (basic amenities and other provisions) bill,  2015 byshri gopal chinayya shetty,  mp a billto provide for the regularization of unauthorised colonies existing for two or more than two years and to provide basic amenities like drinking water, sanitation, healthcare, electricity, toilets, sewerage and management of garbage in such unauthorised colonies, slums and jhuggi-jhopri clusters and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of  the republic of  india as follows:—short title, extent and commencement1 (1) this act may be called the unauthorised colonies, slums and jhuggi-jhopri clusters (basic amenities and other provisions) act, 2015(2) it extends to union territories onlydefinitions2 in this act, unless the context otherwise requires,—5(a) "basic amenities" include provision of drinking water, electricity, street lighting, sewerage, toilets, drainage system, garbage disposal, sanitation, healthcare facilities, educational facilities, recreational facilities, marketing facilities, transportation facilities and access to public distribution system;(b) "competent authority" means such officer or authority as the central government may, by notification in the official gazette, appoint as the competent authority for the purposes of this act;10(c) "jhuggi-jhopri cluster" means an area consisting of jhuggi-jhopri clusters, generally built with bricks and mud, metal or wood having thatched or tin sheet or polythene roof covering;(d) "prescribed" means prescribed by rules made under this act;15(e) "slum" includes an area consisting of unplanned and shabbily built and over crowded houses in unhygienic atmosphere without civic amenities and such other areas as may be declared so by the competent authority; and(f) "unauthorised colony" means a colony not approved by the competent authority having jurisdiction and is in existence for two or more years203  notwithstanding anything contained in any other law for the time being in force, the central government shall, as soon as may be, formulate a policy for unauthorised colonies, which shall provide, inter alia, for the following, namely :—(a) regularization of all unauthorised colonies;national policy for unauthorised colonies, slums and jhuggi-jhopri clusters(b) improvement or removal of slums and jhuggi-jhopri clusters; (c) alternative accommodation to the dwellers of slums and jhuggi-jhopri clusters;25(d) construction and allotment of dwelling units with all basic amenities to dwellers of the slums and jhuggi-jhopri clusters;(e) provision of basic civic amenities such as potable water supply, electricity for domestic use, metallic roads, street lighting, sewerage, toilets including community toilets and proper drainage, sanitation and garbage disposal system in slums and jhuggi-jhopri cluster areas;30(f) healthcare facilities through health centres, dispensaries, pathological labs and mobile clinics for the inhabitants, including distribution of medicines, mosquito nets and repellants and fumigate free of cost from time to time and in particular during rainy season to protect the inhabitants from vector-borne diseases like malaria, dengue, chikungunya, encephalitis or filariasis;35(g) educational facilities, playgrounds and recreational facilities for children; (h) shopping facilities for daily household needs including vegetables and fruits; (i) accessibility to public distribution system and providing fuel for domesticconsumption such as kerosene, lpg or pipeline gas connections;40(j) financial assistance or training to inhabitants of slum and jhuggi-jhopri clustersto enable them to become self-employed; and(k)  transportation facilities4 the central government shall, within one year from the date of the commencement of this act, by notification in official gazette, implement the policy formulated under section 3, in respect of the following matters, namely:—45(a) regularisation  of  all  unauthorised  colonies; andregularisation of unauthorised colonies and provisions of basic amenities(b) provision of all basic amenities in the regularised colonies5 for the purpose of effective implementation of this act, the central government shall, through the competent authority,—(i) carry out the works of improvement in slums and jhuggi-jhopri clustersfrom time to time in such manner as may be prescribed;5(ii) provide all basic amenities in slums and jhuggi-jhopri clusters in suchmanner as may be prescribed;(iii) extend financial assistance or vocational training to the inhabitants ofslums and jhuggi-jhopri clusters for their self-employment; andcentral government to provide basic amenities to inhabitants of slums and construct new dwelling unit through competent authority(iv) construct and allot dwelling units to the inhabitants of slums and jhuggijhopri clusters where such areas have been declared as slum clearance areas10competent authority to declare any slum area to be a clearance area6 (1) where the competent authority is satisfied that most satisfactory method of dealing with conditions in a slum 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 provisions of this act and the rules made thereunder15(2) the competent authority shall give adequate notice to the inhabitants of slums and jhuggi-jhopri clusters before demolition of houses, shelters or buildings(3) the competent authority shall not remove or demolish any jhuggi-jhopri clusters till all residents of the area have been evacuated and allotted alternative dwelling units with all basic amenities at convenient locations207 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds every year for carrying out the purposes of this actcentral government to make provision of fundspower to remove difficulties258 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing of the difficulty:provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act30(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentact to have overriding effect9 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force10 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matter dealt with in this act35act not to be in derogation of other lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the  rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement  of  objects  and  reasonsour  country is very vast and is the second most populous country after chinaseventy per cent of our population lives in villages and poverty is rampant in rural india driven by poverty and to earn their livelihood or fulfil their dreams,  people migrate to urban areas especially to the metropolitan cities millions of such migrant people and also some local population settle down in slums, jhuggi-jhopri clusters and unauthorised colonies and even on footpaths or pavements under the open sky in most inhuman conditions without basic civic amenities like potable water, electricity, toilets, sanitations, sewerage, healthcare, education etc such slums, jhuggi-jhopri clusters and unauthorised colonies exist in various parts of urban areas and metropolitan cities including the national capital city of delhi in delhi regularisation of unauthorised colonies has always been a burning problem for successive central government the number of slums, jhuggi-jhopri clusters and unauthorised colonies is increasing and millions of people continue to languish in stinking and inhuman conditions and thus fall victims to various fatal diseases these slums, jhuggi-jhopri clusters and unauthorised colonies have also gained notoriety for other reasons but majority of people living there are law abiding citizens despite all this, we do not have a policy to address the problems of slums, jhuggi-jhopri clusters and unauthorised coloniesbeing a welfare state, the central government and the state governments are duty bound to initiate welfare measures for the residents of slums, jhuggi-jhopri clusters and unauthorised colonies by providing them basic civic amenities it has been observed that such areas are also neglected by local authorities which are responsible for providing civic amenities citing various technical and legal reasons the central government should come forward and bear all the expenses in implementing the provisions of this billhence this billnew delhi;gopal  chinayya  shettymay 7, 2015 financial memorandumclause 4 of the bill provides for regularisation of unauthorised colonies and provisions of basic amenities in unauthorised colonies clause 5 provides for basic amenities, improvement in slums and jhuggi-jhopri clusters, financial assistance to inhabitants for self-employment and construction of new dwelling units for inhabitants of slums and jhuggi-jhopri clusters through the competent authority clause 7 provides that the central government shall provide adequate funds for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees twenty-five thousand crore per annuma non-recurring expenditure of about rupees fifty thousand crore is also likely to be involved memorandum  regarding  delegated  legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the regularization of unauthorised colonies existing for two or more thantwo years and to provide basic amenities like drinking water, sanitation, healthcare,electricity, toilets, sewerage and management of garbage in such  unauthorisedcolonies, slums and jhuggi-jhopri clusters and for matters  connectedtherewith or incidental thereto————(shri gopal chinayya shetty, mp)gmgipmrnd—1219ls(s3)—14072015