Chapter III SLUM IMPROVEMENT

habitation.―(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

¹ Ins. by Act 43 of 1964, s. 2 (w.e.f. 27-2-1965).

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 therein and stating that in the opinion of the authority those works will render the building fit for human habitation:

1[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.]

1. (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 1[or the land on which the building stands] whether as lessee, mortgagee or otherwise.
2. (3) In determining, for the purposes of this Act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated 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.

1. (1) If a notice under section 4 requiring the owner of the building 2[or of the land on which the building stands, as the case may be,] 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. (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 2[or of the land on which the building stands, as the case may be,] 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.
     • • * * * *

of buildings.―Where works of improvement have been executed in relation to any building in a slum area in pursuance of the provisions of sections 4 and 5, the expenses incurred by the competent authority or, as the case may be, any local authority in connection with the maintenance of such works of

improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be

recoverable from the occupier or occupiers of the building as arrears of land revenue.

1. (1) The competent authority may, by 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. (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. (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. (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. (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 in respect of which a slum clearance order has been made under section 10.]

¹ Ins. by Act 43 of 1964, s. 3 (w.e.f. 27-2-1965).

² Ins. by s. 4, ibid. (w.e.f. 27-2-1965).

³ Omitted by, s. 4, ibid. (w.e.f. 27-2-1965).

⁴ Ins. by s. 5, ibid. (w.e.f. 27-2-1965).

habitation.―Where a competent authority upon a report from any of its officers or other information in its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.

1. (2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance 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 cancels the undertaking, the authority shall not make any order of demolition of the building.

1. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking 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 competent authority shall forthwith make an order of demolition 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.

1. (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 an interest therein shall demolish 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 materials thereof.
2. (2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of the

proceeds 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.