Chapter VII MISCELLANEOUS

IT Shall be lawful for any person authorised by the competent authority in this behalf to enter into or upon any building or land in a slum area with or without assistance of 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 purpose or in pursuance of any of the provisions of this Act or any rule or order made thereunder.

(1) The competent authority 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 building or land in a slum 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 slum area, to take levels or to remove, test, examine or replace any meter. (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 necessary thereby incurred shall be paid by the owner to the occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated or made good, as the case may be, by the competent authority.

(1) Any person authorised by the competent authority in this behalf may, with or without assistants or workmen, enter on any land within fifty yards 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 purposes connected with the carrying on of the same. (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) The person so authorised shall, in exercising any power conferred by this section, do as little damage, as may be, and amount shall be payable by the competent authority to the owner or the occupier of such land or to both for any such damage whether permanent or temporary.

It shall be lawful for any person authorised by the competent authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or other barrier- (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

No entry authorised under this Act shall be made except between the hours of sunrise and sunset.

Save as otherwise provided in this Act, no building or land shall be entered without the consent of the occupier, or if there is 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, not less than twentyfour 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 latrine, urinal or a work under construction.

Where the competent 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 any notice, order or direction issued or given by the authority, the authority shall, 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: Provided that before making any order under this section the competent authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom: Provided further that if the occupants are unable to find any accommodation, the competent authority shall arrange for the accommodation for the occupants before the eviction.

The competent 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: Provided that no order under this section shall be made unless the person carrying on the trade has been afforded a reasonable opportunity of showing cause as to why the order should not be made.

(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued or given by the competent authority may appeal to the State Government within a period of thirty days from the date of issue of such notice, order or direction. (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) 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 of 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) No appeal shall be decided under this section unless the appellant has been heard of has had a reasonable opportunity of being heard in person or through a legal practitioner. (5) The decision of the State Government on appeal shall be final and shall not be questioned in any court.

(1) Every notice, order or direction issued under this Act shall, save as otherwise expressly provided in this Act, be served,- (a) by giving or tendering the notice, order or direction, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice, order or direction to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates. (2) Where the person on whom a notice, order or direction, is to be served is a minor, service upon his guardian or upon any adult male member of his family shall be deemed to be the service upon the minor. (3) Every notice, order or direction which by or under this Act is to be served as a public notice order or direction which is not required to be served to any individual therein specified shall save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the competent authority or in such other public place during such period, or is published in such local newspaper or in such other manner, as the competent authority may direct.

(1) Whoever does any act in contravention of any notice, order or direction issued or given under this Act shall be punishable with imprisonment for a term, which may extend to three months, or with fine which may extend to Rs. 1,000, or with both, and when the breach is a continuing breach, with further fine which may extend to Rs. 25 for every day after the first during which the breach continues. (2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under sub-section (7) of section 11 or any plan for the re-development of a clearance area shall be punishable with imprisonment which may extend to three months, or with fine which may extend to Rs. 1,000, or with both and when the breach is a continuing breach, with further fine which may extend to Rs. 25 for every day after the first during which the breach continues. (3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to Rs. 1,000. (4) 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 such offence. (5) Notwithstanding anything contained in sub-section (3), 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.

Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under sub-section (7) of section 11 or a plan for the re-development of any clearance area or in contravention of any notice, order or direction issued 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 an 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 erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: Provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard.

No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Act.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the competent authority or an officer authorised by the competent authority in this behalf.

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.

No suit, prosecution or other legal proceedings shall lie against the competent authority or against any person for anything which is in good faith done or intended to be done under

The competent authority and any person authorised by him under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:- (a) the manner of authentication of notices, orders and other instruments of the competent authority; (b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans; (c) the form in which an application under sub-section (3) of section 7 shall be made and the information to be furnished and the fees to be levied in respect of such application; (d) the manner in which inquiries may be held under sections 16 and 20; (e) the form and manner in which applications for permission under sub-section (2) of section 20 shall be made and the fees to be levied in respect of such applications; (f) the procedure to be followed by the competent authority before granting or refusing to grant permission under section 20; (g) the time and manner within which an appeal may be preferred under sub-section (7) of section 11 or section 21; (h) the time within which a declaration may be filed under sub-section (1) or an intimation may be sent under sub-section (4) of section 22 and the fees, if any, to be levied in respect of such declaration; (i) the time within which plans, estimates and other particulars referred to in sub-section (2) of section 22 may be furnished; (j) the procedure to be followed by the competent authority for fixing the provisional rent under sub-section (2) of section 22; (k) the manner in which the rent provisionally determined under section 22 shall be communicated to the tenants and owners; (l) the matter in respect of which provision may be made under sub-section (5) of section 23; (m) the officers and local authorities to whom powers may be delegated under section 39; and (n) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides 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.

(1) The Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956) as amended from time to time, as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the Punjab Slum Areas (Improvement and Clearance) Act, 1961 (24 of 1961), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) are hereby repealed. (2) Notwithstanding such repeal, anything done, or any action taken, rules, regulations, bye-laws and orders made, notification and notices issued, and suits instituted under any Act repealed under sub-section (1) shall, so far as may be, be deemed to have been respectively done, made, issued, and instituted under the corresponding provisions of this Act.