 the slum areas (improvement and clear- ance) amendment bill, 1963 billto amend the s~um are(13 (impro'uement and clearance) act, 19158 be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the slum areas (improvement and ::::0:' clearance) amendment act, 1963 d1encemdt , (2) it shall come into force on such date as the central government may by notification in the ofrcial gazette, appoint ~ of 19,6 z in section 2 of the slum ~as (improvement and clearance) ~meb~mell' act, 1956 (hereinafter referred to as the principal act)-0 iectioii 2 10 (i) for clauses (e) and (f), the following cl§use shall be liubstituted, namely:-- (e) "occupier" includes-(a) any person who for the time being is paying or is liable to pay to the ownd the rent or any portion ot the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occ:upatlon of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; 20 (d) a licensee in occupation of any land or buildin,; and  (e) any person who is liable to pay to the owner damages for the ·use and occupation of any land or building;'; - (ii) clauses (g), (h) and (i) shall respectively be re-num-5 bered as clauses (f), (g) and (h); (iii) after clause (h) as so re-numbered, the following clause shall be inserted, namely:-'(i) "work of improvement" includes in relation to any building in a slum area the execution of anyone or more of the following works, namely: _ 10 (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water taps and bathing places; (iv) construction of drains, open or covered; ·15 (v) provision of latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of courtyards; (viii) removal of rubbish; and 20 (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' ~':~ , 3 in section 4: of the principal act,-(a) to sub-section (1), the following proviso shall be added, namely:-"provided that where the owner of the building is difterent from the owner of the land on which the building stands and the works of improvement required to be execu- 30 ted 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"; 3s (b) in sub-section (2), after the word "building", the words "or the land on which the building stands" shall be inserted 4 in section 5 of the principal act,-amendment ot section , (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 5 after section 6 of the principal act, the following section shall insertion of be inserted, namely: _ ~~ iccuon 10 "6a (1) the competent authority may, by notification in the retr~io~ official gazette, direct that no person shall erect any building in :, ':11::: a slum area except with the previous permission in writing of are  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  is (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 enquiry 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 sec-- tion 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" aliielldmcdt 6 in section 10 of the principal act, for sub-section (7), the fo1-of lcctiod lowing sub-section shall be substituted, namely:-10 u (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 ow~er who is aggrieved by a restriction or 10 condition so impose~ 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 i, shall be final" '1 for section 11 of the principal act, the following section shall be substituted, namely:-subsftutiod ot"new iicictiod for section n power of competent authority to -develop clearance "i "11 (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 buildipgs in accordance 200 with a slum clearance order ;but before the work of re-de\relopment 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 (2) where land has been cleared of the buildings in accord-~ aee 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 coldravention of plans approved by the authority or any restrictions or conditions ilnposed under subsection (7) of s~tion 10 or has not been re-developed within 30 the time if any specified under such conditions, may, by order, determine to re-develop the land: provided that ·before passing such order, tbe owner shall be given a reasonable opportunity to show cause why the order should not be passed": i 3'  amendment of aec:tiod 13 8 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 40 uch land or any portion thereof 15 unsuitable fdr the purposet 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", 9 in section 15 of the principal act, in sub--section (6)-amef n~mci1l o sect loll (i) in the first proviso, for the words uin such proportion i, as he considers reasonable: ", the words "in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition," shall be substiuted; (ii) the second proviso shall be omitted 10 for section 19 of the principal act, the following section shall ~~~tution 10 be substituted, namely: -sect~on fo~ section lsi "19 (1) notwithstanding -anything co~tained in any other fo~~m: law for the time bemg in force, no person shall, except with the of telwltl previous permission in writing of the competent authority, =e~ :tll-- - out pcrmia-(a) mstitute, after the commencement of the slum sion of the i~ areas (improvement and clearance) amendment act 1963, ~:=~dt any suit or proceeding for obtaining any decree or order for u my the eviction of a tenant from any building or land in a slum area; or (b) where any decree 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 decree 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 fonn and containing such particulars as may be prescribed (3) on receipt of such application, the eompetent 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:-3s (a) whether alternative accommodation within the means of the tenant would be available to him 11' he were evicted; (b) whether the eviction is in the interest of improve-ment and clearance of the slum areas; (c) such other factors, if any, as may be prescribed   (5) where the competent authority refuses to grant s the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant" 11 for section 20 of the principal act, the following section shall be substituted, namely:i i subttitution of new lection for aection 20 appeals "20 any person aggrieved by an order of the competent au- 10 thority refusing to grant the permission referred to in subsection (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 m~, after hearing the 'appellant, decide such appeal and his decision j, shall be fina!" 12 after section 20 of the principal act, the following sectiorul shall be inserted, namely:---l idsertien of new scc',ions 20a and lob restoration of poslcssi,n ofpremile yacated by a tenant , "20a (1) where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on 20 the ground that it was required for the purpose of executini any work of improvement or for the purpose of 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 2s building, as the case may be (2) on receipt of such declaration, the competent authority shall by 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 30 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 3s be payable by the ·tenant if he were to be replaced in occupation of the bliilding in pursuance of the declaration made by him under su\h3ection (1) (3) the rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the 4g tenant and the owner i i 10 (4) if the tenant after the receipt of such communication intimates in writing ~o the coippetent authority within such time as may be prescribed that when he is replaced ill occupation 0' 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 provision~ uy determined under sub-section (2), the competenll 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 bowld to comply with such direction 20b (1) where any building in a slum area is let to - :entot tenant after th~ execution of any work of improvement or after ~~:;~p it has been re-erected, the rent of the building shall be deter- areas mined 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 bui1din~ in pursuance of a direction issued under sub-section (4) of section 20a the tenant shall be liable to pny to the owner-20 z5 (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 witib 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 (}) 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 relatinsr 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:-35 (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) seven and a half per cent of the cost of the work of improvement; and i i (iii) seven and a half per cent of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of eff~ct­ing such improvement as if such land were acquired under section 12 on the date of the eommencement of the work of improvement: (b) if the building has been re-erected, an annual rent of a sum ~quivalent to seven and a half per cent of the aggregate cost of reconstruction of the building and the s 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 10 reconstruction of the building (4) the rent payable by a tenant in respect of any buildhig under sub-section (3) shall, on an appliction made by the tenant or the owner, be det-ermined by the authority referred to in sub-section (5): 15 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 ninet~· d:\vs from the completion of the work of improvement or re-ereciion of the building, as the ease may be 20 (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 forre in the area in which the building is situate, the authority to whom applications may be made for fixing 2s of rents of buhdings 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 generallaw; and the provisions of such law including provisions relating to appeals shall apply accordingly; 30 (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 be followed by that authority in determining the rent end also for appeals against the decision of such 3s 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 s:> finally determined 8ll;d if the amount so paid falls short of, or i~ in excess of, the rent finally determined, the 40 tenant shall pay the deficiency, or be entitled to a refund, as the ease may be" 13 in section 21 of the principal act,-a en ofaectiod (i) for the words "execution of any decree or order under any 21 law for the evj~tion", 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 14 in section 27 of the 'principal act, for the words "no building amen~ent or land", the words "save as provided in this act, no building or land" ~~~ectjon shall be substituted 10 15 in section 28 of the principal act, after the words "specified in amendment the order", the words "and for the purpose of such eviction may use ofsectioll   or cause to be used such force as may be necessary" shall be 28  inserted 16 in section 32 of the principal act, in sub-section (1), for the amend:ment is words "does any act in contravention of", the words "fails to comply ~~icctlod with" shall be substituted 1'1 section 33 of the principal act shall be re-numbered as sub- amen4medt section (1) thereof and after sub-section (1) as so re-numbered, the ~~sectlod following sub-section shwl be inserted, namely:-20 "(2) for the purpose of causing any building to be demolished under sub-section (1), the competent authorlty may use or cause to be used such force as may be necessary" 18 section 36 of the principal act shall be re-numbered as sub- amendment section (1) thereof and after sub-section (1) as so r~umbered, the ofseccion a, following sub-section shall be inserted, namely:-36 "(2) the administrator may, by notification in the official gazette, delegate, t;upject to such conditions, if any, qs may be specified in the notification, any power exercisable by him under sub-seetion '(7) of section 10, section 15, section 20 and section 30 to any officer not below the rank of a district judge" 19 after section 37 of the principal i\ct, the following section shall insertion of be inserted, namely:--new icction 37a~ "37 a save as otherwise expressly provided in this act, no bar of rilcivil court shall have jurisdiction in respect of any matter which diction 3' the competent authority or any other person is empowered by or under this act; to determine and no injunction shall be granted by any court or other authority in respect of any action taken ot to be taken in ·pursuance of any power conferred by or under this aj::t"  ajdeiiddledt of iectiod <$0 zoo in section 40 of the princlp31 act,-(i) in s:ub-section (2) ,-(s) after dause (b), the following clauses shall be insert~ s ed, namely:-"('bb) the form in which an application under subsection (3) of section sa shall be made and the information to be furnished and the fees to be levied in respect of such application; 10 (bbb) the manner in which inquiries may be held under sections 15 and 19;"; (b) in clause (d), after the words "be followed", the words "and the" factors to be taken into consideration" shall be ~nserted; te) in clause (e), far the word and figures "section 20", the 'words, figures and brackets "subsection (7) of section 10 or section 20" shall be substituted; (d) after clause (e), the following clauses shall be inserted, namely:-30 ii (ee) the time within which is declaration may be filed under sub-tection (1) or an intimation may be sent ,under sub-section (4) of section 20a and the fees, if any, to be levied in respect of such declaration; 35 (eee) the time within which plans, estimates and 2s other particulars referred to in sub-sedion (2) of section 20a may be furnished; (eeee) the procedure to be followed by the comp~ tent authority for axing the provisional rent under subsection (2) of section 20a; , (eeeee) the manner in which the rent provisionally determined under section 20a shall be communicated to the tenant'i iuld owners; (eeeeee) the matters in respect of which provision may be made under su~section (5) of section 20b;"; (ii) for sub-section (3), the following su~'section shall be substituted, namely:-"(3) every rule made under this section sbal1 be laid 8s loon as may be after l·t i8 made before each house of parlia  ment while it is in session for a totar period of thirty days 40 wpich ld9r be comprised in one session of in two suc;cessiv' sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modlftcatlon in the rule or both houses agree that the rule should not be made, the rule aha1l thens after have effect only in such modified form or be of no effect, u! the ("lre may be; so however that any such modiftcatlon or annulment sholl be without prejudice to the validity of aay· thing previou,ly done under that rule"  statement of objects and reasonsthe slum areas (improvement and clearance) act, 1956, was enacted to provide for the improvement and clearance of slum' areas in certain union territories and for the protection of tenants from eviction 'in such areas experience of the working of the act has, however, revealed certain difficulties it is, therefore, proposed to amend the act to remove these difficulties, to facilitate and quicken slum improvement and clearance work, to require owners to restore the possession of the improved and re-developed 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 feature!! of the bill are: (a) unauthorised building activity in slum areas will be prohibited: (b) the competent uuthority will have the power to redevelop 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 re-dev~lopment work; (c) it will be obligatory on the owners of slums, who take up improvement or re-development work of their property, to restore possession of the ·premises to the previous ten1lnts 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 the competent authority 3 the notes on clauses explain the various changes proposed to be made ' i ~: 1:;, ,, new delhi; mehr chand khanna the 24th augmt, 1963 - "  president's recommendation under article 117 of the constitution of india[copy of letter no hiii-9/1/59-hi, dated the 6th september, 1963 from shri mehr chand khanna, minister of works, housing and rehabilitation to the secretary, lok sabha] the president having been informed of the subject matter of the proposed slum areas (improvement and clearance) amendment bill, 1963, recommends to the house under article 117(3) of the constitution of india the consideration of the bill clause 2-the d(;finition of 'occupier' hili been amplified to include persons who are paying or are liuble 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 lines as in the delhi municipal corporation act, 1957 the detinition of 'work of improvement' besides being placed jja its proper alphabetical order has been slightly modified to include provision of bathing places clauses 3 and 4·--sections 4 and 5 of the act empower the competent authority to require by notice the 'owner of the building to execute wol'ks of improvement to the buildings 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 carded out, which o)n be done only by the owner of the land clauses 3 and 4 seek to amend sections 4 and 5 of the act suitably to remove this difficulty clause 5-proposed section 6a empowers the competent' authority to prohibit for a reasonable period the construction of any building or any addition nr alteration in an old building in the are~ declared as slwn 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 arelli 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 subsection that the competent authority may impose 8 condition as to the time limit within which re-development shall be completed proposed section 11 consists of two sub-sections proposed subsection (1) confers power on the competent authority ·to undertake re-development work in urgent cases without giving the owner an opportunity to re-develop the land proposed sub-section (2) would "pply in cases where the owner has undertaken the lrmevelopment of the land himself but the re-development is not being done in ac- cordance with the plans or has not been completed within the time specified by the competent ·authority in such cases the competent authority may by c,rder determine to re-develop the land it is, however, being provided that no such order shall be passed without dording to the owne; a reasonable opportunity of showing cause against the order proposed clause 8-the proporedproviso to section 13 is intended to make it clear thatin cases where jand 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 clau'1e 9-sectbn 15 (6) is being amended to make it clear that the apportionment of compensation between the owner of the lend and the owner of the building standing on such land would be in the proportion the market priee of the land -bears at the time of acquisition to the market price of the building thereon at present the matter is left to the discretion of the competent autho~ty clause lo-under section 19, the previous permission in writing of the competent authority is required for the execution of any decree or order for eviction of ii tenant from any building in a slum urea clause 10 seeks to amend section 19 to provide that after the commencement of the amendment act, no suit for the eviction of a tenant from any building in a slum area shall be instituted except with the previous permission in ~riting of the competent authority permission at the commencement of legal proceedings would avoid inft'uctuous 1itj~tion, specific principles for guiding the competent authority in dealing with the 8pp1icationc; for the grant 'of sanction to sue are laid down the existingprovisi(1t!!'; will continue to apply in relation to the pending suit!:: or other pr('lc'eed'in~ for eviction or deerees or orders already passed clause 11-this seeks to provide also for a right of appeal from orders of the competent authority refusing to grant permission under the proposed section 6a (vide notes on clause 5) claw! 12-proposed section 20a seekf! to impose, in the circumstances mentioned in that secti,on, an oblilt3tion upon the owner of a building to replace a tenant, who has vacated' the building to facilitate 'the execution of any works of improvement or the re-erection of the building, after the completion of such works of iml)rovernent or rebuilding proposed section 20b provides for determination of rent of buildings in a slum area let out after the execution of any work of improvement or re-erectfon of the building in the case of an old tenant replaced in possession of ,the building in pursuance of the provisions of proposed section 20a, a concessional rent is pr~scribed afld in the case of other tenants the provisions of the general rent control law are sought to be made applicable clau~els 13 and 14-the amendments are of a consequential and clariftcatory nature clauses 15 and 17-sections 28 and 33 of the act are sought to be modified by clauses 15 and 17 respectively so as to give power to the competent authority to use minimum reasonable force necessary in "the enforcement of orders for vacation or demolition of a building clause l6-the change is of a dmfting nature c14use l8-proposed sub-section (2) of section 36 empowers the administrator to delegate his power of hearing appeals to any officer not below the rank of a district judge clau~e 19--proposed section ma provides for bar af jurisdiction of civil courfs in respect of matters which the competent authority or any other person is empowered to determine under the act and further provides that no court or nuthority shall have the power to grant any injunction in respect of any action taken or to be taken in pursuance of any power conferred by or under the act this is to facilitate speedy execution of slum improvement and clearance work c'l4use 20-the changes made are idfinly of a consequential nature   financial memorandum·clause 7 of the bill enables the competent authority to undertake rec:levelopment of slum cleaqmce areas himself if he is satisfied that it is necessary in the public inlcl'cst lo du w he would thus have greater discretion in undertaking re-of'velnpment work than under e"isting section 11, as before' ordinarily, the re-development work would be left to be done by the ·owners themselves however, in view of the proposed amcndment the competent authority may now wldert'lke re-developrrfent work, in a larger number of cases and this may involve· additional expenditure inasmuch as the circumstances under which the competent authority will exercise his powers are uncertain, it is -11et possible to state exactly the likely expenditure, though· according to present e~timates, it is expected to be about fifteen lakhs per annum z under clause (5) of proposed section 20b (vide clause 11 of the bill), final determination of the rent in respect of buildings replaced in possession of the tenant~ in slum areas will be made by the authorities under the general law relftting too the control of rents in force in the area in which thc buildings are situate; in regard to areas in which no such law is in force, provision is made for prescribing a suivable authority for the purpose by rules the existing officers of the govemm~nt will be prescrib~d as the appropriate authorities for determining rents in cases where rules are made for the purpese and therefore no ad"ltjonaj expenditure 1 likely to be !1'1eurred 01\ w, 1cco\lj\, -- ,-' i  - , clause' 26 of the mn amends sub-section (2) of seclion 40 at 'the act to empbwer the central government to make rules in·retattc:m:'td certain additi'onat matters the additional matters relate, mter afta, to die fdrm in wh1ch an app1i~tion under sub-section (3) of~' secti6n~a mall be made, the information to be :furnished _lfth fees to be' levied in respect of such applications, the il1&iul'el' ira- ~ enquiries may be held under section 15 and proposed aeetton 'ft,' me ecmrtlonal' factors'to be taken into conslcteration in gran'hnt-ar refusfftg' an: app1ieation under sub-section (1) of propoiied ·be<itit)n ·tt, &he- time within which a declaration may be fthd under sab-seetlon (1) of i"!'b~ seetion 20a and the fees to be levied ili're8peet of' suehtjeetaratioh, 'the procedure to be followed for fudttg' provisltm'ld rent under sub-section (2) of proposed section !ta these ms;t~ pm;tain to procedure form or detail and as such the deleptien of lq'ismive power is of a normal character  and clearance) act, 1956(96 of 1956) - - - - -  chapter iprellminary - - - - - 2  ,fa -tbia· a~, ,~esl the context otherwibereq~ires,-- - - - - le) "work of improvement" includes in relation to 8j1t building in a alum area the execution of anyone or more oftbe following works, namely:-~i) necessary repairs; (ii) structural alterations; (iii) provision of light points add water tapa; (iv) cons~ruction of drains, open ,or covered; (v) provision of latl"ines; (vi) provision of additional or improved ibttures or 'ftftinp; (uiij ~idiup or paving of cow:t yards; (viii) removal of rubbish; and ,(~) 80j other wort including the demoliti9l1 of any bui1di~ or any part tbereof which in the opinigd of the ~petedt ~tam'ity is necessary for execu~ aay 01   \\(qi'ki ~ified -8qove; -m '~capier" iticludes an owner in occupation of or otherwise using his own land or building;  (g) "owner" iftcludes any person who is recetvldg at  e~ to reqaive the r-ent of any buil~~g or land wbether ca his own account or on behalf of himaelf and ·ethers or _  or t~s~e, or who would so receive the rent or be entitled to 'rec~ive itif the b\lild,ing 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 therefrom  - - - - -  chapter iii slum improvementpower of competfdt authortiy to require improvemedt of buildings udjit for humao habitation 4 (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 therei and stating that in the opinion of the authority those works will render' the building fit for human habitation (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 otherwise - - - - - enforcement 5 (1) if a notice under section 4 requiring the owner of the of dc?(c:e building to execute works of improvement is not complied with, requlrlnl h f h " f h' 'fi d' th 'th execution of t en a ter t e expiration 0 t e time speci e m e notice e ~ol'ks of competent authority may itself do the works required to be done by improve_ , ment, 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 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 (3) if the owner of the building is different from the person who owns the land on which the building stands and the expenses incurred by the competent authority under this section are recoverable from both these persons, then, such expenses shall be recovered from them in such proportion as may be determined by the competent authority or by an officer empowered by it in this behal! - - - - -  chapter ivslum clearance and re-development - - - - - 10 (1) - - - - - - slum clearance order (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 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 at any time appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision shall be final - - - - - 11 where land has been cleared of buildings in accordance with pf)\\'er of a slum clearance order, the competent authority may, at any time :ili~~:;~o after the expiration of twelve months from the date on which the re-devclop d b  clearance or er ecame operative, by order, determine to re-develop any land arca or an y which on the date of the making of the order has not been, or is pan thereof 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 ·   '   chapter v- - acquisition of land - - - it where any land in a slum area or clearance area has been land ieacqdftoed under this act the central government shall make the ~rcctlb6ov_ land available to the competent authority for the purpose of execut- mm':t to ing any work of improvement or carrying out any order of demolition be'lm~e vi! able to or for the purpose of re-development the compe-- - - - - tent authority determination of compensation u (i) - - - - - (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 'a 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 in such proportion as he considers reasonable: provided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the totl amount of, compensation which has been determined in accordance wita the provisions of this section - - - - -  chapter vi proteotion of 'lbnants in slum abbas form evic\'ioj(ten  tl in ~9 (1) notwithstanding anything contained in any other law alum areas for the time being in force, no person who has obtained anydec~ :'k::l!ith- or order for the eviction of a tenant from any building ill a ,a1wn out permi8- area shall be entitled to execute such decree or order except with !!,c;;:p::: the previous permission in writing of the competent authority authority (2:) every person desiring to obtain thepermisiioll nfermi to m bubo-settion (l) shall make anapplic8tion in writing to the cem-,etent authority in such form and containing s\lch,particw8i'i - y 'de prescribed i (3) on receipt of such application the competent authortty, after giving an opportunity to the tenal'lt of being heard and afte}' making such summary inquiry into the ekcumstances of the ease as it thinks fit, shall by order in writing either grant such pemiiltbton or refuse to grant such permission ,, (4) where the competent authority refuses to grant the permission it shall record a brief statement of the reasons for iuch refusal ond furnish a copy thereof to the applicant - 2lt any person aggrieved by an order of the competent 'a~ol1ty refusing to grant the permission referred to in sub-section (f) -6f section 19 may, within such time as may be prescribed, prefer 'an appeal to the administrator and the decision of the administrator on such a'ppeal shall be final: 'i" • nothing in this chapter shall apply to or in relation to the· cbaptjr not e3tetutfon of aay decree or qrder under any law for the eviriim of' !~i~rfo1 0\0 a"~nt from any building in a slum area belonging to the govtena~t flud   h  certain et1uwent,the delhi improvement trust or any local aut onty buildinjl  chapter viimiscella1'ii'eous - - - - - 27 no building or land shall be entered without the consent of own  the occupier, or if there i'3 no occupier, of the owner thereof and no ~;~;n:oo=i­such entry shall be made without giving tlie said occupier or owner, obtained as the case may be not le:>s th:m twenty-four hours' written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a shed: for cattle or a latrine, urinal or a work under cql1'struction " 28 where the competent authority is satisfied either upon a repre- power of (lentation trom the owner of a building or upon other information in eviction ~o d its possession that the occupants of the building have not vacated it ~,~;~b! 'n pursuance of any notice, order or direction issued or given by the qompe!-cnt uthottty, the authority shall, by order, direct the eviction of the a"thorltf' ck'-fupams' frem· fide buildmg in such manner and within such t~q fis maybe specified in the order: i'royicied th,at before making any order wilder this section the e&mpetent authority shau live a reas0bable opportunity to th& occ\jro »&uta oj thebwldini to show cause why they; should not -be evicted tgewromi i - •• - - - 32 ~) whoever ioes any act in contravention of any notice, , order or direction issued or given under this act shall be punishable penalties with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both  - - - - - ~ where the erection of any building has been commenced, or order, ~f i be,  d t h be ltd' t t' f demolition s mg carrie ou, or as en comp e e , in con raven ion 0 any of buil$linga restriction or condition imposed under sub-section (7) of section 10 in cenain or a plan for the re-development of any clearance area or in contra- catel vention of any notice, order or direction i9sued or given under this act the competent authority may, in addition to any other remedy that may be resorted to under this act or under any other law, make in order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the ereetion to be demolished and the expenses of such domolition shall be recoverable from the owner as arrears of land revenue: power to delelatc provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard  - - - - - 36 the competent authority may, by notification in the official gazette, direct, that any power exercisable by it under this act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein  - - - - - =rr~el 40 (1) the central government may, by notification in  the a lcial gazette, make rules to carry out the purposes of this act (2) in particular and without prejudice to the generality of the )regoing power such rules may provide for all or any of the fol, owing matters, namely:--2 - - - - - (d) the procedure to be followed by the competent authority before granting or refusing to grant permission under section it: - - - - - (3) all rules made un<ler this section sha~l be, laid for dot leu thad, thirty days before both housel of parliament,' as sooll u ,,ible after they are made, and shall be subject to suell modifie,tlodi u parliament may make during the sea lion in which they are 'if) laid or the session immedtately following '" - - - - -  -  ~  -'"  a billto amend the slum areas (improvement and clearance) act, 1956 ; (shri mehr chand khanna, minister of works, housing and rehabilitation ) 