Chapter I SLUM REHABILITATION SCHEME

1[CHAPTER I-A SLUM REHABILITATION SCHEME 3A. Slum Rehabilitation Authority for implementing Slum Rehabilitation Scheme.- (1) Notwithstanding anything contained in the foregoing provision, the State Government may, by notification in the Official Gazette, appoint an authority to be called the Slum Rehabilitation Authority for such area or areas as may be specified in the notification; and different authorities may be appointed for different areas.

1. (2) Every Slum Rehabilitation Authority shall consist of a Chairman, a Chief Executive Officer and fourteen other members, all of whom shall be appointed by the State Government. 2[(2A) Every Slum Rehabilitation Authority appointed under sub-section (1) shall be a body corporate by the name of "The ........... Slum Rehabilitation Authority" and shall have perpetual succession and common seal; with power to contract, acquire, hold and dispose of property, both moveable and immoveable, and to do all things necessary for the purposes of this Act, and may sue and be sued by its corporate name.] 3[(3) The powers, duties and functions of the Slum Rehabilitation Authority shall be,-
   • (a) to survey and review existing position regarding slum areas;
   • (b) to formulate schemes for rehabilitation of slum areas;
   • (c) to get the Slum Rehabilitation Scheme implemented;
   • (d) to do all such other acts and things as may be necessary for achieving the objects of rehabilitation of slums.]
2. (4) The terms and conditions of appointment of the non-official members of the Slum Rehabilitation Authority shall be such as may be specified by the State Government.
3. (5) The Slum Rehabilitation Authority may appoint Committees consisting of its members and experts to facilitate its working and speedy implementation of the scheme prepared under section 3B.

1[3B. Slum Rehabilitation Schemes.- (1) The Slum Rehabilitation Authority concerned, with the previous sanction of the State Government, shall prepare or amend the general Slum Rehabilitation Scheme for the areas specified under sub-section (1) of section 3A, for rehabilitation or relocation of protected occupiers and other occupiers of the building in such areas.

1. (2) The general Slum Rehabilitation Scheme prepared or any amendment to it under sub-section (1), shall be published in the Official Gazette, by the concerned Slum Rehabilitation Authority, as draft general Slum Rehabilitation Scheme or draft amendment to general Slum Rehabilitation Scheme, for the area specified under sub-section (1) of section 3A, for the information of general public, inviting objections and suggestions, giving reasonable period of not less than thirty-days but not more than forth-five days, for submission of objections and suggestions, if any, in respect of the Scheme.
2. (3) The Chief Executive Officer of the concerned Slum Rehabilitation Authority shall, within sixty days consider the objections and suggestions, if any, received within the specified period in respect of the said draft general Slum Rehabilitation Scheme or any draft amendment to the general Slum Rehabilitation Scheme and after considering the same and after carrying out such modification as deemed fit or necessary, finally publish said general Slum Rehabilitation Scheme or such amendment to it, with the approval of the State Government, in the Official Gazette.
3. (4) The general Slum Rehabilitation Scheme published under sub-section (3) shall be deemed Development Control Regulations under the provisions of Chapter III of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), for the said area and the provisions of the general Slum Rehabilitation Scheme shall prevail over the Development Control Regulations, published under the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
4. (5) The Slum Rehabilitation Scheme so notified under sub-section (3) shall, generally lay down the parameters for declaration of any land as the Slum Rehabilitation Area and indicate the manner in which rehabilitation of the occupants of the area declared as Slum Rehabilitation Area shall be carried out. In particular, it shall provide for all or any of the following matters, that is to say,-
   • (a) the parameters or guidelines for declaration of land as the Slum Rehabilitation Area;
   • (b) basic and essential parameters of development of Slum Rehabilitation Area under the Slum Rehabilitation Scheme;
   • (c) provision for obligatory participation of the owners, landholders and occupants of the land declared as the Slum Rehabilitation Area under the approved Slum Rehabilitation Scheme in the implementation of such Scheme;
   • (d) provision relating to transit accommodation or entitlement of compensation in lieu of transit accommodation to the slum dwellers pending development of the Slum Rehabilitation Area ;
   • (e) provision relating to allotment of tenements either in-situ or otherwise, on development free of cost to the protected occupiers of the building in such Slum Rehabilitation Area;
   • (f) provision relating to allotment of tenements either in-situ or otherwise, on ownership or on rent, to the other non-protected occupiers up to the 1st January 2011, subject to the availability of tenements as per the terms and conditions and guidelines so notified in the Official Gazette, by the Chief Executive Officer with the prior approval of the State Government ;
   • (g) scheme for development of the Slum Rehabilitation Areas under the Slum Rehabilitation Scheme by the landholders and occupants by themselves or through a developer and the terms and conditions of such development; and the option available to the Slum Rehabilitation Authority for taking up such development in the event of non-participation of the landholders or occupants;
   • (h) provision regarding sanction of Floor Space Index and transfer of development rights, if any, to be made available to the developer for development of the Slum Rehabilitation Area under the Slum Rehabilitation Scheme ;
     • (i) provision regarding non-transferable nature of tenements for a certain period, etc.
5. (6) The Chief Executive Officer of the Slum Rehabilitation Authority, with prior approval of the State Government shall, regulate procedure for appointment and registration of developers for implementation of the Slum Rehabilitation Scheme as per the rules prescribed by the State Government, from time to time. The Chief Executive Officer or the Slum Rehabilitation Authority, as the case may be, may register any person or an association of persons registered under the Partnership Act, 1932 (9 of 1932) or a company registered under the Companies Act, 2013 (18 of 2013), as a developer in the prescribed manner for the implementation of Slum Rehabilitation Scheme.]

1[(1) As soon as may be, after the publication of any Slum Rehabilitation Scheme, the Chief Executive Officer on being satisfied about the circumstances in respect of any land, whether or not previously declared as slum area, justifying its declaration as the Slum Rehabilitation Area which may include community economic activity area, for implementing the Slum Rehabilitation Scheme, shall after giving the land owners, including any public authorities or local bodies under the State Government constituted under any law enacted by the State Legislature, thirty days notice and after giving a reasonable opportunity of being heard, by an order published in the Official Gazette, and thereafter within forty-five days, declare such land to be a "Slum Rehabilitation Area". The order declaring the Slum Rehabilitation Area (hereinafter referred to as "the slum rehabilitation order"), shall also be given wide publicity in such manner as may be specified by the Chief Executive Officer of the Slum Rehabilitation Authority. Thereafter, notwithstanding anything contained in any law for the time being in force, in such Slum Rehabilitation Area, the permission or the No Objection Certificate of the land owning authority or agency shall not be required : Provided that, only in respect of any land which is required for Vital Public Project purpose, as per orders of the State Government and where the State Government either directly or through any public authority has undertaken the responsibility of relocation and rehabilitation of the protected and other occupiers of the building, then the Chief Executive Officer shall, exclude the land required for Vital Public Project from the Slum Rehabilitation Area and issue an order to omit such land from the Slum Rehabilitation Area. Where the State Government either directly or through any public authority has undertaken the responsibility of relocation and rehabilitation of the protected and other occupiers of the building, such public authority shall prepare the Scheme of such rehabilitation or relocation and get it approved by the Chief Executive Officer within the period specified in the Scheme which shall not be more than ninety days.

1. (2) Any person aggrieved by the order of the Chief Executive Officer may, within thirty days of the publication of such slum rehabilitation order, prefer an appeal to the 2[Apex Grievance Redressal Committee]. The decision of the 3[Apex Grievance Redressal Committee] in such appeal shall be final.] 4[(3) On the completion of the Slum Rehabilitation Scheme, the Slum Rehabilitation Area shall cease to be such area.]

On publication of the Slum Rehabilitation Scheme under sub-section (1) of section 3B, the provisions of other Chapters of this Act shall apply to any area declared as the slum rehabilitation area, subject to the following modifications, namely :-

1. (a) Chapters II and III shall be omitted;
2. (b) in Chapter IV,-
   • (i) section 11 shall be omitted;
   • (ii) in section 12,- 1[(A) for sub-section (1), the following sub-section shall be substituted, namely :- "(1) As soon as may be, after the Chief Executive Officer has declared any land to be a Slum Rehabilitation Area, and upon approval of the Slum Rehabilitation Scheme, he shall as early as possible proceed to make a clearance order in relation to that land within fifty days, order for the demolition of each buildings specified therein, and require each such building to be vacated by its occupier within such time which shall not be less than thirty days, but in any case not more than sixty days, as may be specified in such clearance order.";]
3. (B) sub-sections (2) and (3) shall be omitted ; 2[(C) for sub-section (4), the following sub-section shall be substituted, namely :- "(4) Any person aggrieved by the clearance order may, within thirty days of the publication of the notice of the confirmation of the clearance order prefer an appeal to the 3[Apex Grievance Redressal Committee]. The decision of the 4[Apex Grievance Redressal Committee] in such appeal shall be final.";] 5[(D) for sub-section (5), the following sub-section shall be substituted, namely :- "(5) Where any such appeal is duly made,-
4. (a) the 6[Apex Grievance Redressal Committee] may, by interim order, suspend the operation of the clearance order either generally, or in so far as it affects any property, until the final determination of the appeal ;
5. (b) the 7[Apex Grievance Redressal Committee] if satisfied upon hearing of the appeal that the clearance order is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been compiled with, may quash the clearance order either generally, or in so far as it affects any property of the appellant ;
6. (c) the decision of the 8[Apex Grievance Redressal Committee] in such appeal regarding such declaration and execution of clearance order shall be final.";] 9[(E) for sub-section (6) and (7), the following sub-sections shall be substituted, namely :- "(6) Subject to the provisions of the last preceding sub-section, the clearance order shall become operative at the expiration of time limit specified by the Chief Executive Officer in the clearance order issued under sub-section (1) from the date on which the notice of confirmation of the clearance order is published in accordance with the provisions of this Act.

1. (7) When the clearance order becomes operative, the owners of building to which the clearance order applies shall, demolish the building before the expiration of time limit specified by the Chief Executive Officer in the clearance order, issued under sub-section (1) from the date on which the building is required by the clearance order to be vacated, or before the expiration of such longer period as in the circumstances of the case, the Chief Executive Officer may deem reasonable.";] 10[(F) for sub-section (8), the following sub-section shall be substituted, namely :- "(8) If the building is not demolished before the expiration of the period mentioned in sub-section (7), the Chief Executive Officer may enter and demolish the building and sell the material thereof.";]
   • (G) in sub-section (9), for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted. 11[(H) in sub-section (10), the following sub-section shall be substituted, namely :- "(10) Subject to the provisions of this Act and of any other law for the time being in force, in relation to the town planning and to the regulation of the erection of building, where a clearance order has become operative, the owner of the land to which the clearance order applies, may redevelop the land in accordance with the plans approved by the Slums Rehabilitation Authority and subject to such restrictions and conditions (including a condition with regard to the time specified in the general Slum Rehabilitation Scheme, within which the redevelopment shall be completed), if any, as that Authority may think fit to impose : Provided that, the owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the Chief Executive officer to cancel or modify any such restriction or condition may, appeal to the 12[Apex Grievance Redressal Committee] and the decision of the 13[Apex Grievance Redressal Committee] regarding restriction and condition imposed shall be final."; 14[(iii) for section 13, the following section shall be substituted, namely :- "13. Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area.- (1) Notwithstanding anything contained in sub-section (10) of section 12, the Chief Executive Officer shall, after any land has been declared as the Slum Rehabilitation Area, including community economic activity area, if the owners, landholders or occupants of such land do not come forward within a reasonable time, which shall not be more than one hundred and twenty days, required for relocation and rehabilitation of protected and other occupiers justifying with the Slum Rehabilitation Scheme for redevelopment of such land, by order, determine to redevelop such land by entrusting into any agency or other developer for the purpose.
2. (2) Where on declaration of any land as Slum Rehabilitation Area, the Chief Executive Officer is satisfied that, the land in the Slum Rehabilitation Area has been or is being developed by the owners, landholders or occupants or developers in contravention of the plans duly approved, or any restrictions or conditions imposed under sub-section (10) of section 12, or in contravention of any provision of any Slum Rehabilitation Scheme or any condition specified in the approval or has not been developed within the time, as specified under such conditions of approval, he may, by order, determine to develop the land declared as Slum Rehabilitation Area by entrusting it to any agency or the other developer recognized by him for the purpose.
3. (3) The agency or the other developer so appointed shall within a period of forty-five days of the order of the Chief Executive Officer, be required to deposit an amount of compensation payable to the outgoing landowners or occupants or developers, as the case may be, for expenditure incurred by them on payment made to any public authority, local bodies for receiving approvals for the Slum Rehabilitation Scheme and construction of rehabilitation tenements as determined by the Chief Executive Officer : Provided that, such compensation shall not be payable by the agency appointed by the Chief Executive Officer, for any expenditure incurred towards construction to meet conditional obligations made to any third party by the landowners or occupants or previous developers, as the case may be. The Chief Executive Officer before passing such order shall obtain report from approved valuer independently appointed on his behalf and by the concerned parties to the proceeding before the Chief Executive Officer : Provided further that, before passing such order by the Chief Executive Officer, the concerned landowner or occupant or developer, as the case may be, shall be given a reasonable opportunity of being heard and time which shall not be more than thirty days of showing cause why the order should not be passed : Provided also that, an appeal, if any, against the order of the Chief Executive Officer shall be filed before the 15[Apex Grievance Redressal Committee] and order of the 16[Apex Grievance Redressal Committee] shall be final and binding on all the parties."];
   • (c) in Chapter V,-
     • (i) in section 14, in sub-section (1),- 17[(A) for the portion beginning with the words "Where on any representation" and ending with the words "clearance area", the following portion shall be substituted, namely :- "Where on any representation from the Chief Executive Officer it appears to the State Government that, in order to enable the Slum Rehabilitation Authority to carry out development under the Slum Rehabilitation Scheme in any Slum Rehabilitation Area"];
   • (B) after the proviso, the following proviso shall be added, namely :- "Provided further that, the State Government may delegate its powers under this sub-section to any officer not below the rank of Commissioner."; 18[(ii) in section 15,-
   • (A) for sub-section (3), the following sub-section shall be substituted, namely :- "(3) Where the land has been acquired for the Slum Rehabilitation Authority, the State Government shall, after it has taken possession thereof, by notification in the Official Gazette, upon such conditions as may be agreed upon between Government and Slum Rehabilitation Authority, transfer the land to the Slum Rehabilitation Authority and thereupon the Slum Rehabilitation Authority may entrust, in accordance with the provisions of section 3B(4), the work of development of such area to any other agency as provided in sub-section (1) of section 13, or to a Co-operative Housing Society of the occupants of such rehabilitation area or occupants of any other area which has been declared as Slum Rehabilitation Area.";
   • (B) for sub-section (4), the following sub-section shall be substituted, namely :- "(4) The Slum Rehabilitation Authority may, subject to such terms and conditions as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land to the Co-operative Housing Societies of such occupants.";] 19[(iii) in section 17,-
   • (A) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;
   • (B) for the word "Tribunal", in both the places where it occurs, the words "Special Tribunal" shall be substituted;] 20[(iv) in section 18,-
   • (A) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;
   • (B) for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted]; 21[(v) in section 19, for the words "Competent Authority", at both the places where they occur, the words "Chief Executive Officer" shall be substituted;
     • (vi) in section 20, including in the marginal note, for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;
     • (vii) in section 21, for the words "Competent Authority", the words "Chief Executive Officer" shall be substituted;]
   • (d) in Chapter VI,-
     • (i) sections 22, 23, 23A and 26 shall mutatis mutandis apply to the slum rehabilitation area;
     • (ii) for sections 24 and 25, the following section shall be substituted, namely :- "24. Allotment of tenements to occupants.- (1) Where an occupant of any premises in an area declared as a slum rehabilitation area has vacated or is evicted from, such premises, on the ground that, the premises are required for the purpose of development under the Slum Rehabilitation Scheme, such occupant may, within such time as may be prescribed, sign a declaration with the Slum Rehabilitation Authority that he desired to be rehabilitated in that area after its redevelopment under the said Scheme.
4. (2) On the receipt of such declaration, the Slum Rehabilitation Authority shall register his declaration in the prescribed manner and on completion of the development of the area and reconstruction of the buildings in the said area under the Scheme, give notice to the registered occupants by affixing it in some conspicuous part of the building and sending it by post to the address which may have been registered with the Slum Rehabilitation Authority by such occupants and in such other manner as may be determined by the Slum Rehabilitation Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should vacant transit accommodation, if any, given to them and occupy the building so erected within a period specified in the notice.";
   • (e) in Chapter VII,- 22* * * * * *
     • (i) in section 28, for the words "slum area" the words "slum rehabilitation area" shall be substituted; 23[(i-a) for section 33, the following section shall be substituted, namely:- "33. Power of eviction to be exercised by Chief Executive Officer.- Where the Chief Executive Officer is satisfied either upon a representation from the owner of a building or from the developer or the Co-operative Society of the Slum Rehabilitation Scheme in the Slum Rehabilitation Area or, upon other information in possession that the occupants of the building have not vacated it in pursuance of any slum clearance order under section 12 or direction issued or given by him or the tenements constructed in Slum Rehabilitation Area are occupied without the permission or allotment by him or tenements are occupied without Occupation Certificate, he shall, by order, direct the eviction of the occupants from such building in such manner and within such time which is not more than thirty days as may be specified in the order, and for the purpose of such eviction, may use or cause to be used such force as may be necessary: Provided that, the Chief Executive Officer shall exercise his powers under this section only in respect of the Slum Rehabilitation Area on which Slum Rehabilitation Scheme has been approved by him: Provided further that, before making any order under this section, the Chief Executive Officer shall give a reasonable opportunity of being heard within such time which is not more than thirty days, as may be specified in the order, to the owners or occupants of the buildings, to slow cause why they should not be evicted therefrom.";]
     • (ii) in section 34, for the words "slum area", in both the places where they occur, the words "slum rehabilitation area" shall be substituted; 24* * * * * *
     • (iv) in section 37, for the words "clearance area" the words "slum rehabilitation area" shall be substituted; 25[(v) in section 38, in following section shall be substituted, namely :- "38. Order of demolition of building in certain areas.- (1) 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 (10) of section 12, or a plan for the redevelopment of any Slum Rehabilitation Area or in contravention of any notice, order or direction issued or given under this Act, the Chief Executive Officer 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 or by the developer or by the occupant, as the case may be, thereof within such time not exceeding thirty days as may be specified in the order, and on the failure of the owner or the developer or the occupant, as the case may be, to comply with the order, the building so erected shall be liable for forfeiture or for summary demolition by an order of the Chief Executive Officer 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 or the occupant, as the case may be, has been given a reasonable opportunity of being heard.
5. (2) The forfeiture under this section be adjudged by the Chief Executive Officer and any property so forfeited shall be disposed of as the Chief Executive Officer may direct; and the cost of removal of the property under this section shall be recoverable as arrears of land revenue.
6. (3) For the purpose of causing any building to be demolished under sub-section (1), the Chief Executive Officer use or cause to be used such force as may be necessary: Provided that, the Chief Executive Officer shall exercise his powers under sub-section (1), (2) or (3) above only in respect of the Slum Rehabilitation Area on which the Slum Rehabilitation Scheme has been approved by him.";"]
   • (vi) in section 41, after the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be inserted;
   • (vii) in section 42,- 26[(A) after the words "in respect of any matter which" the words "the Slum Rehabilitation Authority," shall be inserted;]
   • (B) for the word "Tribunal" the words "Special Tribunal" shall be substituted;
     • (viii) in section 43, after the words "Competent Authority" the words, "Slum Rehabilitation Authority" shall be inserted;
     • (ix) in section 44, for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;
     • (x) in section 44A,-
   • (A) in sub-section (2), for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;
   • (B) in the marginal note, for the word "Tribunal" the words "Special Tribunal" shall be substituted;
     • (xi) throughout section 45, including in the marginal note, for the words "the Tribunal", wherever they occur, the words "the Special Tribunal" shall be substituted;
     • (xii) for section 47, the following section shall be substituted, namely :- "47. Cesser of corresponding laws.- Where 27[any land] is declared to be a slum rehabilitation area then as from the date of such declaration, the provisions of any municipal law or other law, corresponding to the provisions of this Chapter, for slum development in relation to such slum rehabilitation area, in force immediately before the said date shall, save as otherwise provided in this Chapter, cease to be in force in such slum rehabilitation area, but so long only as the said declaration remains in force".

1[(1)] The tenements allotted to the persons under the Slum Rehabilitation Scheme shall not be transferred by the allottee thereof by way of sale, gift, exchange, lease or otherwise for a period of first 2[five years] commencing from the date of allotment of the tenement. After the expiry of the said period of 3[five years], the allottee may, with the permission of the Slum Rehabilitation Authority, transfer such tenement in accordance with the prescribed procedure.] 4[(2) If the tenement is transferred by the allottee in contravention of the provisions of sub-section (1), the Competent Authority shall, by order, direct the eviction of the person in possession of such tenement in such manner and within such time as may be specified in the order, and for the purpose of eviction, the Competent Authority may use or cause to be used such force as may be necessary : Provided that, before issuing any order under this sub-section, the Competent Authority shall give a reasonable opportunity to such person to show cause why he should not be evicted therefrom.]

1[3F. Disqualification for membership and removal of members.- (1) A person shall be disqualified for being nominated as a non-official member or continue to be such member, if he,-

1. (a) is an employee of the Slum Rehabilitation Authority except the Chief Executive Officer ;
2. (b) is of unsound mind and stands so declared by a competent Court;
3. (c) is an undischarged insolvent;
4. (d) is convicted for an offence involving moral turpitude;
5. (e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of, the Slum Rehabilitation Authority; or
6. (f) is a Director, Secretary, Manager or other Officer of any company, which has any share or interest in any contract or employment with, by or on behalf of, the Slum Rehabilitation Authority : Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company of which he is a Director, Secretary, Manager or other Officer, having a share or interest in,-
   • (i) any sale, purchase, lease or exchange of immoveable property or any agreement for the same;
   • (ii) any agreement for loan of money or any security for payment of money only;
   • (iii) any newspaper in which any advertisement relating to the affairs of the Slum Rehabilitation Authority is published.

1. (2) The Government may remove from the Slum Rehabilitation Authority any non-official member nominated by the Government, who in its opinion,-
   • (a) has been disqualified under sub-section (1);
   • (b) refuses to act;
   • (c) has so abused his position as a member as to render his continuance on the Slum Rehabilitation Authority detrimental to the interest of the public; or
   • (d) is otherwise unsuitable to continue as member.
2. (3) No order of removal under sub-section (2) shall be made unless the non-official member has been given an opportunity to submit his explanation to the Government and when such order is passed the office of the members so removed shall be deemed to be vacant.
3. (4) A member who has been so removed under sub-section (3) shall not be eligible for reappointment as member or in any other capacity on the Slum Rehabilitation Authority.

1. (1) The Slum Rehabilitation Authority shall meet at such intervals, times and places as the Chairman may decide and shall, subject to the provisions of sub-section (2), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereof) as may be laid down by regulations.
2. (2) A member, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Slum Rehabilitation Authority shall, at the earliest possible opportunity, disclose the nature of his interest to the Slum Rehabilitation Authority when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other members for the purpose of eliciting information, but no members so required to be present shall vote on any such contract, loan, arrangement or proposal : Provided that, a member shall not be deemed to be concerned or interested as aforesaid by reason only of his being a shareholder of a company concerned in any such contract, loan, arrangement or proposal.

No act done or proceedings taken under this Act by the Slum Rehabilitation Authority or committee appointed by the Slum Rehabilitation Authority, shall be invalidated merely on the grounds of,-

1. (a) any vacancy of a member or any defect in the constitution or reconstitution of the Slum Rehabilitation Authority or a committee thereof; or
2. (b) any defect or irregularity in the appointment of a person as member of the Slum Rehabilitation Authority or of a committee thereof; or
3. (c) any defect or irregularity in such act or proceedings, not affecting the substance.

1[(1) The State Government or the Slum Rehabilitation Authority may appoint such officers and servants subordinate to the Chief Executive Officer as it considers necessary for the efficient performance of its duties and functions.]

1. (2) The conditions of appointment and service of the Chief Executive Officer and his pay scale shall be such as may, by general or special order, be determined by the State Government. 2[(3) The conditions of appointment and service of officers and servants shall be such as may be laid down from time to time, by service rules or by regulations, as the case may be.]
2. (4) Subject to the superintendence of the Slum Rehabilitation Authority, the Chief Executive Officer shall supervise and control all the officers and employees of the Slum Rehabilitation Authority.

All proceedings of the Slum Rehabilitation Authority shall be authenticated by the Chairman and all orders and instruments of the Slum Rehabilitation Authority shall be authenticated by the Chief Executive Officer or any other officer of the Slum Rehabilitation Authority as may be authorised in this behalf by regulations.

1. (1) The State Government may issue to the Slum Rehabilitation Authority such general or special directions as to policy as it may think necessary or expedient for carrying out the purposes of this Act and the Slum Rehabilitation Authority shall be bound to follow and act upon such directions.
2. (2) (a) Without prejudice to the generality of the foregoing provision, if the State Government is of opinion that the execution of any resolution or order of the Authority is in contravention of, or in excess of, the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of or to cause waste of the Fund of the Authority, the State Government may, in the public interest by order in writing, suspend the execution of such resolution or order. A copy of such order shall be sent forthwith by the State Government to the Authority and its Chief Executive Officer.
   • (b) On receipt of the order sent as aforesaid, the Authority shall be bound to follow and act upon such order.

All property, fund and other assets vesting in the Slum Rehabilitation Authority shall be held and applied by it, for the purposes of this Act.

1. (1) The Slum Rehabilitation Authority shall have and maintain its own fund, to which shall be credited,-
   • (a) all moneys received by the Slum Rehabilitation Authority from the State Government by way of grants, subventions, loans raised under this Act;
   • (b) all fees, costs and charges received by the Slum Rehabilitation Authority under this Act;
   • (c) all moneys received by the Slum Rehabilitation Authority from the disposal of lands, buildings and other properties, moveable and immoveable and other transactions.
2. (2) The Slum Rehabilitation Authority may keep current and deposit account with the Bank. Explanation.- For the purposes of this sub-section, the expression "Bank" means,-
   • (i) the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
   • (ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
   • (iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);
   • (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934), as may be approved by the State Government.
3. (3) Such accounts shall be operated by such officers of the Slum Rehabilitation Authority as may be authorised by it in this behalf.
4. (4) Notwithstanding anything contained in sub-sections (2) and (3), the Slum Rehabilitation Authority may keep on hand such sum as it thinks fit, for its day to day transactions, subject to such limits and conditions as may be prescribed.

The State Government may, after due appropriation made by the State Legislature by law in this behalf, make such grants, subventions, loans and advances to the Slum Rehabilitation Authority as it may deem necessary for the performance of the functions of the Slum Rehabilitation Authority under this Act; and all grants, subventions, loans and advances made shall be on such terms and conditions as the State Government may determine.

1. (1) The Slum Rehabilitation Authority shall, by such date in each financial year as may be prescribed, prepare and submit to the State Government for approval an annual financial statement and the programme of work for the succeeding financial year and the State Government may approve such financial statement and the programme of work of the Slum Rehabilitation Authority as submitted by the Slum Rehabilitation Authority or with such variations as the State Government thinks fit.
2. (2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as may be prescribed.
3. (3) The Slum Rehabilitation Authority shall be competent to make variations in the approved programme of work in the course of the financial year provided that all such variations and reappropriations out of the sanctioned budget are brought to the notice of the State Government by a supplementary financial statement.
4. (4) A copy each, of the annual financial statement and the programme of work and the supplementary financial statement, if any, shall be placed before each House of the State Legislature as soon as may be after their receipt by the State Government.

1. (1) The Slum Rehabilitation Authority shall maintain books of accounts and other books in relation to the business and transaction in such form and in such manner, as may be prescribed.
2. (2) The accounts of Slum Rehabilitation Authority shall be audited by an Auditor appointed by the State Government, in consultation with the Comptroller and Auditor General of India.
3. (3) Within nine months from the end of the financial year the Slum Rehabilitation Authority shall send a copy of the accounts audited together with a copy of the report of the Auditor thereon to the State Government.
4. (4) The State Government shall cause the accounts of the Slum Rehabilitation Authority together with the audit report thereon forwarded to it under sub-section (3) to be laid before each House of the State Legislature as far as possible before the expiry of the year next succeeding the year to which the accounts and the report relate.

Every contract or assurance of property on behalf of the Slum Rehabilitation Authority shall be in writing and executed by such authority or officer in such manner as may be provided by regulations.

1. (1) If the State Government is of the opinion that the Slum Rehabilitation Authority has made a default in the performance of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix, a period for the performance of that duty or obligation and give notice to the Slum Rehabilitation Authority accordingly.
2. (2) If the Slum Rehabilitation Authority fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government to supersede and reconstitute the Slum Rehabilitation Authority as it deems fit.
3. (3) After the supersession of the Slum Rehabilitation Authority and until it is reconstituted, the powers, duties and functions of the Slum Rehabilitation Authority under this Act shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for this purpose, from time to time.
4. (4) All property vested in the Slum Rehabilitation Authority shall, during the period of such supersession, vest in the State Government.

The Slum Rehabilitation Authority or the Chief Executive Officer may delegate any of the powers conferred on them by or under this Act, to any of the officers of the Slum Rehabilitation Authority and permit him to redelegate such power to his subordinate, by general or special order in this behalf.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules or regulations made thereunder.

Chairman, Members, Chief Executive Officer and officers and servants of the Slum Rehabilitation Authority, as the case may be, shall, while acting or purporting to act in, pursuance of any of the provisions of this Act or rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

The Slum Rehabilitation Authority may make regulations consistent with this Act and the rules made thereunder for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Slum Rehabilitation Authority, necessary for the exercise of its powers and the discharge of its functions under this Act.

1. (1) Where the State Government is satisfied that the continued existence of the Slum Rehabilitation Authority is unnecessary, the Government may, by notification in the Official Gazette, declare that the Slum Rehabilitation Authority shall be dissolved with effect from such date as may be specified in the notification and the Slum Rehabilitation Authority shall be deemed to be dissolved accordingly and upon such dissolution the members (including the Chairman and the Chief Executive Officer) shall vacate their respective offices.
2. (2) From the said date,-
   • (a) all properties, funds and dues which are vested in, or realisable by, the Slum Rehabilitation Authority shall vest in, or be realisable by, the State Government;
   • (b) all liabilities which are enforceable against the Slum Rehabilitation Authority shall be enforceable against the State Government.]