Chapter VIII MISCELLANEOUS

37. The State Government may, by notification in the Official Gazette, direct that any power exercisable by the prescribed authority under this Act, may be exercised by the Board in such cases, and subject to such conditions, if any, as may be specified in the notification and on the issue of such notification, the prescribed authority shall not exercise the power in respect of the matters specified in such notification.

38.

1. (1) Save as otherwise provided in this Act and subject to the provisions of this section and of any rules made in this behalf, every notice issued or order made under this Act shall,
   • (a) in the case of any notice or order of a general nature or affecting a class of persons, be published in the Official Gazette;
   • (b) in the case of any notice or order affecting a corporation, firm, or other body or association of persons, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908; and
   • (c) in the case of any notice or order affecting an individual person be served on such person,
     • (i) by delivering or tendering it to that person; or
     • (ii) if it cannot be so delivered or tendered, by delivering or tendering it to the head of the office in which such person is employed, or to any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or
     • (iii) failing service by any of the means aforesaid, by post or by affixing a copy of the said notice or order on some conspicuous part of the land or building to which it relates.
2. (2) Where the notice or order cannot be served without undue delay, due to any dispute in the ownership of the land or building or due to the person for whom the notice or order is intended being not readily traceable, the notice or order may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on some conspicuous part of the land or building to which it relates.

39. It shall be lawful for any person authorised by the prescribed authority in this behalf to enter into or upon any land or building in any slum area or slum clearance area with or without assistants or workmen, in order to make any enquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or order made thereunder.

40.

1. (1) The State Government may, by general or special order, authorise any person,
   • (a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any land or building in a slum area or slum clearance area, and in his discretion to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;
   • (b) to examine works under construction in the slum area or to take levels or to remove, test, examine, replace or read any meter.
2. (2) If on such inspection the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or that no nuisance would have arisen but for such opening, the ground or portion of any building, drain, or other work opened, damaged or removed, for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the State Government at its own cost.

41.

1. (1) Any person authorised by the State Government in this behalf may, with or without assistants or workmen, enter on any land within forty-five metres of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or for obtaining access to such work or for any other purpose connected with the carrying on of the same.
2. (2) The person so authorised shall, before entering on any land under sub-section (1), state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.
3. (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the State Government to the owner or occupier of such land or to both for any such damage, whether permanent or temporary, in accordance with such rules as may be made in this behalf.

42. It shall be lawful for any person authorised by the prescribed authority in this behalf to enter into any place or to open or cause to be opened any door, gate or other barrier,

1. (a) if he considers the opening thereof necessary for the purpose of such entry; and
2. (b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

43.

Occupier's or owner's consent ordinarily to be obtained 44. Save as provided in this Act, no land or building shall be entered into without the consent of the occupier, or if there be no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, at least twentyfour hours' written notice of the intention to make such entry;

Power of eviction 45. Notwithstanding anything contained in this Act, where the prescribed authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of,

1. (i) any notice, order or direction issued by the prescribed authority; or
2. (ii) any notice or direction issued by the owner, the prescribed authority shall, if satisfied that such eviction is necessary to carry out the purpose of this Act, by order, direct the eviction of the occupants from the building, in such manner and within such time as may be specified in the order, and may for that purpose use or cause to be used such force as may be necessary :

Power to remove dangerous or offensive trades from slum areas 46. The prescribed authority may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order :

Appeal 47.

1. (1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued by the prescribed authority may, within such time as may be prescribed, appeal to the State Government.
2. (2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against.
3. (3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision on the appeal and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence.
4. (4) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard.
5. (5) The decision of the State Government on appeal shall be final and shall not be questioned in any court.

48. Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or conditions imposed under section 14 or of a plan for the re-development of any slum clearance area or in contravention of any notice, order or direction issued under this Act, the prescribed authority may, in addition to any other remedy that may be resorted to under this Act, or under any other law for the time being

49.

1. (1) Where the materials of any building demolished by the prescribed authority, under section 10, 13 or 48 are sold the prescribed authority shall apply the proceeds of such sale in or towards payment of the expenses incurred by that authority under that section and pay any surplus accruing from such sale to the owner or other person entitled thereto, on demand made within twelve months from the date of sale. If no such demand is made, such surplus shall be deposited with the State Government or any other authority specified

50.

1. (1) Any person who,
   • (a) commences or causes to be commenced any work in contravention of any restriction or condition imposed under section 14 or of any plan for the re-development of a slum clearance area; or
   • (b) contravenes or fails to comply with any other provision of this Act or of any rule made thereunder or of any notice, order or direction issued under this Act, shall on conviction be punishable for the first offence with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both and for a second or any subsequent offence with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.
2. (2) Any person who obstructs any person authorised by or under this Act to enter into or upon any land or building or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees.

51.

1. (1) If the person committing an offence under this Act is a company every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation., For the purpose of this section,
   • (a) 'company' means a body corporate and includes a firm or other association of individuals, and
   • (b) 'director' in relation to a firm means a partner in the firm.

52.

1. (1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the prescribed authority.
2. (2) No Court inferior to that of a Magistrate for the City in the City of Ahmedabad and elsewhere a magistrate of the first class shall try any offence punishable under this Act.

53. Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any matter which the State Government or the prescribed authority 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 or to be taken in pursuance of any power conferred by or under this Act.

54.

Indemnity 55. No suit, prosecution or other legal proceeding shall lie against the State Government, the prescribed authority or any officer or person for anything which is, in good faith, done or intended to be done in pursuance of this Act or of any rule or order made thereunder.

1. (1) The State Government may, by notification in the Official Gazette, authorise any authority or officer to exercise any of the powers vested in it by or under this Act (except the power to make rules under section 58).
2. (2) The exercise of any power delegated under sub-section
3. (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification under sub-section
4. (1) and also to control

57. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage, or contract or decree or order of a Court or other authority.

58.

1. (1) The State Government may make rules for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate,
   • (a) all matters expressly required or allowed by this Act to be prescribed;
   • (b) the fees payable in respect of any application or statement under this Act;
   • (c) the manner of authentication of notices, orders and other instruments of the prescribed authority; and
   • (d) the preparation of a plan for the development of any slum area or slum clearance area and matters to be included in such plan.