Chapter VII MISCELLANEOUS

It shall be lawful for any officer of the competent authority authorised by that authority in this behalf to enter into or upon any building or land in a slum area or in any area where the competent authority has reason to believe that conditions of the nature referred to in section 3 prevail, with or without assistants or workmen, in order to make any inquiry, 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.

(1) The competent authority may, by general or special order, authorise any officer of that authority- (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 the slum area, to take levels or to remove, test, examine, replace or read any meter. (2) If under subsection (1) any ground is opened, 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, 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 officer authorised by the competent authority 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 purposes connected with the carrying on of the same. (2) Any officer authorised under subsection (1) shall, before entering on any land under subsection (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) Any officer authorised under subsection (1) shall, in exercising any power conferred by this section, do as little damage as may be reasonably necessary and compensation shall be payable by the competent authority to the owner or occupier of such land or to both for any such damage whether permanent or temporary.

It shall be lawful for any officer authorised by the competent authority in this behalf to make any entry into any place or 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 by or under this Act shall be made except between the hours of sunrise and sunset.

Save as 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 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 or urinal or a work under construction.

Where the competent authority is satisfied either upon a representation from the owner of a building or otherwise 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.

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 given a reasonable opportunity of showing cause 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 Collector within a period of thirty days from the date of receipt of such notice, order or direction. (2) Any person aggrieved by an order passed by the Collector under subsection (1) may prefer an appeal to the Government within thirty days from the date of the order of the Collector. (3) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against. (4) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecution 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. (5) All petitions of appeal under this Act shall be affixed with court-fee stamp of such value as may be prescribed. (6) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through an authorised agent. (7) The decision of the 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 registered post with acknowledgement due to the person to 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 member of his family or in the absence of any such member, on a servant of the family, and, if such service is not possible, by affixing the notice, order or direction 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 in his absence upon any adult member of his family or in the absence of both upon any servant of his family shall be deemed to be 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 or as a notice, order or direction which is not required to be served to any individual therein specified shall, save as otherwise expressly provided in this Act, 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 fails to comply with 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 five hundred rupees, or with both. (2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under subsection (9) of section 12 or any plan for the redevelopment of any clearance area shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any building or land or molest such person after such entry shall be punishable with fine which may extend to five hundred rupees. (4) Any tenant who contravenes the provisions of subsection (6) of section 21 or subsection (1) of section 27 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

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 subsection (9) of section 12 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 public revenue due on land: Provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard.

For the exercise of the powers under sections 29, 30, 31, 32, 33, 34, 35 or 41, the competent authority or the person authorised by it may use such minimum force as may be reasonably necessary.

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

(1) No suit, prosecution, or other legal proceedings shall lie against the Government or the competent authority or any local authority or person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any rule or order made thereunder. (2) No suit or other legal proceedings shall lie against the Government or the competent authority or any local authority or person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any rule or order made thereunder.

Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which any authority or 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 or to be taken in pursuance of any power conferred by or under this Act.

The competent authority and any person authorised by it under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 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: Provided that if any slum area is situate in any town or other area in respect of which any plan or scheme for development or improvement has been sanctioned under any other law for the time being in force, then the orders of the competent authority regarding re-development of the slum area shall, as far as possible, be in conformity with such plan or scheme.