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The Karnataka Slum Areas Development Act, 1973

Chapter VII PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION

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Chapter VII PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION

0. Preamble

Statutory text

2[1[Karnataka Slum Development Board]2

33. Establishment of the 2[1[Karnataka Slum Development Board]2.-(1) With effect from such date as the Government may, by notification, appoint in this behalf, there shall be established a Board by the name of the 1[Karnataka]1 Slum

2[development]2 Board.

1 Substituted by Act 21 of 1978 w.e.f. 1.11.1994.

2 Substituted by Act 2 OF 2014 w.e.f. 2.01.2014.

  1. (2) The Board shall be a body corporate by the name as aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued. 34. Constitution of the Board.- 1[(1) The Board shall consist of a Chairman and other official and non-official members as specified in sub-section (2) ;
  2. (2) The Board shall consist of,-
    • (a) A Chairman who shall be appointed by the Government;
    • (b) Commissioner, Karnataka Housing Board;
    • (c) the Commissioner of the Board shall be the Member Secretary;
    • (d) A representative of the Finance Department, Government of Karnataka, not below the rank of a Deputy Secretary to Government;
    • (e) A representative of the Housing Department, Government of Karnataka, not below the rank of Deputy Secretary to Government;
    • (f) The Director of Town Planning, Government of Karnataka;
    • (g) A representative of Health and Family Welfare Services Department, Government of Karnataka, not below the rank of a Joint Director;
    • (h) A representative of the Bangalore Mahanagara Palike not below the rank of a Deputy Commissioner;
      • (i) A representative of the Directorate of Social Welfare, Government of Karnataka, not below the rank of a Joint Director;
    • (j) the regional Chief of the Housing and Urban Development Corporation or his nominee;
    • (k) five non-official members nominated by the Government, and out of whom one shall be a woman and one shall be a person belonging to the Scheduled Caste or Scheduled Tribe.]1
  3. (3) Subject to the provisions of sub-section (2) the term of office of the Chairman and other members shall be for a period of three years.
  4. (4) Notwithstanding anything contained in this section the Chairman and other members of the Board shall continue in office after the expiry of their term till their successors are appointed under this section.

1 Substituted by Act 21 of 2002 w.e.f. 17.11.2001.

35. Vacancy not to invalidate proceedings.- No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy in the office of the Chairman or among the other members of the Board or any defect in their appointment.

36. Conditions of service of Chairman and other members.- The conditions of service

1 Substituted by Act 21 of 2002 w.e.f. 17.11.2001.

of the Chairman and other members shall be such as may be prescribed. 37. Appointment of officers and servants.- 1[(1) The Government shall appoint an officer not below the rank of a Deputy Secretary to Government to be the Commissioner of the Board.]1

  1. (2) The 1 [Commissioner] 1 shall be the Chief Executive Officer of the Board.
  2. (3) The Board may appoint such other officials and servants as it considers necessary for the efficient performance of its functions. 1[37A. Powers and duties of the Commissioner.- The Commissioner of the Board shall in addition to performing such functions as may be conferred on him by or under this Act or under any other law for the time being in force,-
    • (a) carryout the resolutions of the Board: Provided that, if in the opinion of the Commissioner any resolution of the Board contravenes any provisions of this Act or of any other law or any rule, notification, regulations or bye law made or issued under this Act, or any other law or any order passed by the Government, or is prejudicial or detrimental to the interest of the Board he shall, within fifteen days of passing of such resolution refer the matter to the Government and inform the Board at its next meeting, of the action taken by him and until the orders of the Government on such reference are received, the Commissioner shall not be bound to give effect to such resolution.
    • (b) keep and conduct the Board’s correspondence;
    • (c) carry out and execute such scheme and works as the Government may direct and incur necessary expenditure thereon;
    • (d) be responsible for implementing the scheme of the Board;
    • (e) operate the accounts of the Board and be responsible for the maintenance of the accounts of the Board;
    • (f) exercise supervision and control over the accounts and proceedings of the Board and over the officers and servants of the Board in the matters of executive administration;
    • (g) furnish to the Government a copy of the minutes of the proceedings of the Board and any other information which the Government may, from time to time, call for; and
    • (h) authenticate by his signature all permissions, orders, decisions; notices and other documents of the Board and the orders of the Board]1

1 Substituted by Act 21 of 2002 w.e.f. 17.11.2001.

1 Substituted by Act 21 of 2002 w.e.f. 17.11.2001.

  1. (2) Where any officer or servant of the State Housing Board is appointed in the Board, his conditions of service (including conditions as to pay, provident fund, pension and gratuity) shall be subject to such rules as may be made in this behalf by the Government. 39. General disqualification of members, officers and servants.- No person who has directly or indirectly by himself, or his partner or agent, any share or interest in any contract by or on behalf of the Board, shall become or remain a member or officer or servant of the Board.

40. Functions of the Board.- The functions of the Board shall be,-

  1. (a) to exercise the powers of the prescribed authority in cases where the Government has, by notification directed that the powers of the prescribed authority shall be exercised by the Board;
  2. (b) such other functions as may be prescribed. 41. Finance, accounts and audit.- The provisions of Chapter VII of the 1[Karnataka]1

Housing Board Act, 1962 ( 1[Karnataka]1 Act 10 of 1963), relating to finance, accounts and audit shall apply, as far as may be, to the Board as the said provisions apply to the State Housing Board.

1 Inserted by Act 21 of 2002 w.e.f. 17.11.2001.

1 Inserted by Act 21 of 2002 w.e.f. 17.11.2001.

42. No disqualification in certain cases.- No person shall be disqualified for being chosen as, or for being a member of the 1[Karnataka]1 Legislative Assembly or of the 1[Karnataka] Legislative Council by reason only of the fact that he is the Chairman or a member of the Board.

43. Power of Board to make regulations.- The Board may make regulations in regard to the meeting of the Board and the conduct of business, 1 [including quorum in the meeting]1.

1 Substituted by Act 21 of 2002 w.e.f. 17.11.2001.

44. Board to comply with directions of Government.- It shall be the duty of the Board to

1 Inserted by Act 21 of 2002 w.e.f. 17.11.2001.

comply with such directions, as the Government may, from time to time, issue either generally or in regard to any particular matter. 45. Powers of the State Housing Board to cease.- With effect from the date of the establishment of the Board, the State Housing Board shall cease to exercise any function under the 1[Karnataka]1 Housing Board Act, 1962 (1[Karnataka]1 Act 10 of 1963), in respect of matters dealt with in this Act. 46. Transfer of certain assets and liabilities of the State Housing Board to the

Board.- (1) All property, assets, rights and liabilities of the State Housing Board shall, in so far as such property, assets, rights and liabilities are relatable immediately before the date of the establishment of the Board to the improvement of the slum area, the clearance of the slum area and the re-development of the slum clearance area, stand transferred to and be vested in the Board.

  1. (2) (a) If any dispute arises whether any property assets, rights and liabilities stand

transferred to and vested in the Board under sub-section (1), the dispute shall be referred to the decision of the Government and its decision shall be final.

  1. (b) Before giving any decision on any such dispute the Government shall give an opportunity to the State Housing Board and the Board to make representations. 47. Board to enforce certain contracts and agreements.- (1) All contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the date of the establishment of the Board and to which the State Housing Board is a party, in so far as such contracts, agreements and instruments are relatable to the improvement of a slum area, the clearance of a slum area and the re-development of the slum clearance area shall be of as full force and effect against or in favour of the Board and may be enforced or acted upon as fully and effectually as if, instead of the State Housing Board, the Board has been a party thereto or as if they had been entered into or issued in favour of the Board.
  1. (2) If on the date of the establishment of the Board, any suit, appeal or other legal proceeding of whatever nature by or against the State Housing Board is pending then such suit, appeal or other legal proceeding in so far as it is relatable to the improvement of the slum area, the clearance of a slum area and the re-development of a slum clearance area, shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Board of the property, assets, rights and liabilities of the State Housing Board or of anything done under this Act, but the suit, appeal or other legal proceeding may be continued, prosecuted and enforced by or against the Board. Explanation.- For the purpose of this sub-section, ‘legal proceeding’ includes any proceeding under the Land Acquisition Act, 1894 (Central Act I of 1894).

48. Payment of certain amount by the State Housing Board to the Board.- Subject to the provisions of section 46 the State Housing Board shall, out of its funds as on the date of the establishment of the Board, pay to the Board, such amount as the Government may, in consultation with the State Housing Board specify.

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