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 for the purposes of this Act 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 notice, rule or order made thereunder.

1. (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, to which the provisions of this Act apply, 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 a slum area, 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 but for such opening would have arisen, 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 Competent Authority at its own cost.

1. (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. (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 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 person authorised in writing 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-

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.

No entry authorised by or under this Act shall be made except at reasonable hours and between the hours of sun-rise and sun-set.

Save as provided in this Act, no building or land shall be entered 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 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, 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 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, and for the purpose of such eviction, may use or cause to be used such force as may be necessary: 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.

1[33A. Procedure for allotment of tenements to slum dwellers not willing to join the Scheme or Project.- In respect of the slum dwellers, who are in possession or occupation of the building or structure which is part of the Slum Rehabilitation Scheme or Slum Redevelopment Project and who are held eligible for permanent alternate accommodation by the Competent Authority and who do not join such Scheme or Project willingly, the Competent Authority shall,-

1. (a) ensure that provision for permanent alternate accommodation for all such slum dwellers is made in the buildings to be constructed for rehabilitation component of the Scheme or Project;
2. (b) communicate in writing to such slum dwellers that tenement would be given to them by way of allotment by drawing lots on the same basis as communicated by the developer to those who have joined the Scheme or Project; 2[(c) communicate to such slum dwellers that the transit tenement of minimum 120 square feet would be allotted to them on the amount of rent fixed by the Slum Rehabilitation Authority;]
3. (d) cause the Chief Executive Officer, or any officer designated by him, to direct the eviction of such slum dwellers from the structure under their occupation and effect demolition of such structure or any part thereof in such manner and within such time 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;
4. (e) communicate in writing to such slum dwellers against whom action under clause (d) is proposed that, after such action they shall not be eligible for transit tenement or for the reconstructed tenement by lots, but shall be entitled only to what is available after others have chosen their tenements in the Scheme or Project;
5. (f) communicate in writing to such slum dwellers that, if they do not join till the building permission to the first building of the Scheme or Project, is given, they shall lose the right to any builtup tenement, and their tenements shall be taken over by the Slum Rehabilitation Authority, and used for the purpose of accommodating other slum dwellers who cannot be accommodated in-situ, and they shall be entitled to only pitch of about 3 mtrs. x 3.5 mtrs. elsewhere, if and when available, and construction therein shall have to be done by such slum dwellers on their own.]

1[33B. Recovery of rent due from developers.- (1) The eligible slum dwellers of the Slum Rehabilitation Scheme or Slum Redevelopment Project, may apply to the Chief Executive Officer or the Competent Authority, as the case may be, for recovery of rent in lieu of transit accommodation due from the developer of such Scheme or Project, in such manner and accompanied by such fees, as may be determined by the authority.

1. (2) Where the Chief Executive Officer or the Competent Authority, as the case may be, is satisfied that the developer of any Slum Rehabilitation Scheme or Slum Redevelopment Project has defaulted in paying rent in lieu of transit accommodation to the eligible slum dwellers as agreed, the Chief Executive Officer or the Competent Authority may, after making such enquiry in respect of any amount due, on his own motion or on receipt of the application from the eligible slum dwellers, issue an order for the recovery of such amount within such stipulated time as may be specified in the order.
2. (3) The amount specified in every such order for recovery issued by the Chief Executive Officer or the Competent Authority, as the case may be, if not paid by the developer within the time specified in the order, it shall be recoverable as an arrears of land revenue in accordance with the law for the time being in force: Provided that, if the person against whom the order for recovery is issued, is a company or a limited liability partnership having no sufficient property to satisfy the amount due under recovery order, then such amount shall be recovered from the personal property of the directors or partners of such company or firm, as the case may be.]

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[34A. Constitution of Apex Grievance Redressal Committee.- 2[(1)The State Government shall, by notification in the Official Gazette, constitute, the Apex Grievance Redressal Committee or Committees, for such area as may be specified in the notification, consisting of the Chairperson and such number of members and for the purposes of exercising such powers and performing such functions as the Government may deem fit to assign to it under this Act.]

1. (2) The Apex Grievance Redressal Committee shall exercise the powers and perform the functions, as follows, namely :-
   • (i) to hear and dispose off appeals against orders of the Chief Executive Officer or any Officer to whom the powers are delegated by the Chief Executive Officer, as provided under this Act;
   • (ii) any issues or matters referred to it by the State Government.
2. (3) The qualifications of the Chairperson and the members of the Apex Grievance Redressal Committee, the procedure to be followed for transacting its business and quorum for its meetings, shall be such as may be prescribed.]

1[34B. Constitution of Grievance Redressal Committee.- (1) The State Government shall, by notification in the Official Gazette, constitute Grievance Redressal Committees consisting of Chairperson and such number of members as the Government may deem fit, for such areas as may be specified in the notification for the purposes of exercising the powers and performing the functions as may be assigned to it under this Act.

1. (2) The qualifications of the Chairperson and the members of the Grievance Redressal Committee, the procedure to be followed for transacting its business and quorum for its meetings, shall be such as may be prescribed.]

1[(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 Appellate Authority, who shall be a person holding a post not below the rank of Additional Collector, in respect of the areas of Municipal Corporations and A Class Municipal Councils, and not below the rank of Deputy Collector, in respect of areas of other Municipal Councils, to be notified by the State Government, within a period of thirty days from the date of issue of such notice, order or direction.]; 2[(1A) Any person,-

1. (a) aggrieved by any notice, order or direction issued or given by the Appellate Authority under sub-section (1), may file an appeal within a period of thirty days from the date of receipt of such notice, order or direction, before the Grievance Redressal Committee;
2. (b) aggrieved by any notice, direction, circular, decision, order, permission or approval issued or given by the Chief Executive Officer of Slum Rehabilitation Authority or any Officer to whom the powers are delegated by the Chief Executive Officer, may file an appeal within thirty days of receipt of such notice, direction, circular, decision, order, permission or approval, before the Apex Grievance Redressal Committee.]

1. (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) Any appeal shall not operate as a stay order appealed from except so far as the Appellate Authority may grant by reasoned order, nor shall execution of any other be stayed by reason only of an appeal having been preferred from, but the Appellate Authority may for sufficient cause order stay of execution of such order and if the notice, order or direction against which appeal is made and is set aside by Appellate Authority on an appeal disobedience thereto shall not be deemed to be an offence.
2. (4) No appeal shall be decided under this section unless the appellant had been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner.
3. (5) The decision of the 4[Grievance Redressal Committee and the Apex Grievance Redressal Committee] on appeal shall be final and shall not be questioned in any court.

1. (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 1[or] by sending it by registered 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 member or adult 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. (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 member or adult servant of his family shall be deemed to be the service upon the minor.
3. (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 on 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. (1) Whoever fails to comply with any notice, order or direction issued or given under this Act shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
2. (2) Whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under sub-section (10) of section 12, or any plan for the redevelopment of a clearance area shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
3. (3) Whoever obstructs the entry of any person authorised by or under this Act to enter into or upon any building or land or molests such person after such entry or incites or instigates or abets such obstruction or molestation shall, on conviction, be punished with imprisonment which may extend to three months and with fine which may extend to one thousand rupees.
4. (4) If the person committing an offence under this Act, is a company, every person who at the time offence is 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. (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 or 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 purposes 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.

1. (1) Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of the provisions of section 8 or of any restriction or condition imposed under sub-section (10) of section 12, or a plan for the redevelopment 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 building so erected shall be liable to forfeiture or to summary demolition by an order of the Competent Authority 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.
2. (2) Forfeiture under this section be adjudged by the Competent Authority, and any property so forfeited shall be disposed of as the Competent Authority may direct; and the cost of removal of the property under this section shall be recoverable as an arrear of land revenue (XLV of 1860).
3. (3) For the purpose of causing any building to be demolished under sub-section (1) the Competent Authority may use or cause to be used such force as may be necessary.

No court inferior to that of a Magistrate of the First Class, or a Presidency Magistrate 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: 1[Provided that, for prosecution for the offence punishable under section 3Z-2, no such previous sanction of the Competent Authority shall be necessary.]

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

Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the 1[Appellate Authority, Competent Authority], 2[Grievance Redressal Committee and Apex Grievance Redressal Committee] or Tribunal 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 (XLV of 1860).

Where under any of the provisions of this Act, any expenses incurred by a Competent Authority (which is a body corporate) under the provisions of this Act are to be recovered as arrears of land revenue, and the claim of the Competent Authority in respect of such expenses is disputed, the question shall be referred to the Tribunal which shall, after making such inquiry as it may deem fit, and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final, and shall not be called in question in any court or other authority. Where the Tribunal decides the claim in favour of the Competent Authority, then the expenses which are directed to be paid, may be paid in equal monthly instalments not exceeding twenty.

1[44A. Vacancy and temporary absence of President and other members of Tribunal.- (1) If any vacancy occurs by reason of death, resignation or expiry of the appointment, or termination of the appointment, of the President or other members or for any reason whatsoever such vacancy shall be filled by appointment of a duly qualified person.

1. (2) The Tribunal shall not be deemed to be invalidly constituted merely by reason of any vacancy referred to in sub-section (1) and no decision of the Tribunal shall be called in question in any Court or before any authority only on the ground that a member of the Tribunal (not being the President) was not present, during the hearing of any proceedings before the Tribunal.]

1. (1) In exercising the jurisdiction conferred upon it by or under this Act the Tribunal shall have the powers of a civil court for the purpose of taking evidence on oath, affirmation or affidavit, or summoning and enforcing the attendance of witnesses, of compelling discovery and the production of documents and material objects, requisitioning any public record or any copy thereof from any court or office, issuing commissions for the examination of witnesses or documents, and for such other purpose as may be prescribed 1[including the power to grant stay and any other powers of a Civil Court which may be vested in Tribunal; and the Tribunal shall be deemed to be a Civil Court for all the purposes of sections 195, 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898)2 and its proceedings shall be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860). 3[(1A) The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), shall apply to the filing of every appeal or application made to the Tribunal, under this Act.]
2. (2) In the case of any affidavit to be filed 4[any officer authorised by the Tribunal or by the President] in this behalf may administer the oath to the deponent. 5[(3) The State Government shall from time to time place at the disposal of the Tribunal, such officers and other staff to assist the Tribunal as the State Government may from time to time determine. The remuneration and other conditions of service of the officers and other staff shall be such as may from time to time be determined by the State Government. (3A) The term of office and other conditions of service of the President and the members of the Tribunal shall be such as may be regulated by rules made under section 46.
3. (4) Subject to the provisions of this Act and to the previous approval of the State Government, the President may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, 6[filing fee or copying or translation fees (including provisions for recovery thereof in the form of court fee stamps) the right of appearance before the Tribunal, the place or places of its sittings, the disposal by the Tribunal of any proceedings before it notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal and generally for the effective exercise of its powers and discharge of its functions under this Act.
4. (5) The regulations made under this section shall be published in the Official Gazette.
5. (6) All orders passed by the Tribunal shall be executed in the same manner in which similar order if passed by the State Government, could have been executed.
6. (7) Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom. XXXVI of 1959) every appeal or application made to the Tribunal shall bear a Court-fee stamp of one rupee if the value of the property is ten thousand rupees or less and of two rupees if such value exceeds ten thousand rupees.

1. (1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules to carry out the purposes of this Act: 1[Provided that, when the rules are being made for the purposes of Chapter I-C of this Act for the first time, the same may be made without prepublishing the same.]
2. (2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, 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 or omitted to be done under that rule.

1[47. Cesser of corresponding laws and powers conferred thereunder temporarily.- (1) Where any area is declared to be slum area under this Act, then as from the date of such declaration, the provisions of any municipal or other law corresponding to the provisions of this Act for slum improvement in relation to the slum area in force immediately before the said date shall, save as otherwise provided in this Act, cease to be in force in the slum area, but so long only as the said declaration remains in force.

1. (2) Where any area is declared to be a slum area, and any building or buildings are ordered to be demolished, under this Act, then as from the date of such order, the provisions of any municipal or other law corresponding to the provisions of this Act for slum clearance and redevelopment and demolition of buildings in force immediately before the said date shall not, save as otherwise provided in this Act, apply in relation to such building or buildings, but so long as the building or buildings, as the case may be, are redeveloped.
2. (3) Even though any area is declared to be a slum area, as long as the order for demolition of any building or buildings is not made under this Act, nothing contained in this section shall affect the provisions of any municipal or other law for the time being in force for slum clearance and redevelopment and demolition of buildings in the slum area: Provided that, after any area is declared to be a slum area till the date of the order is made for demolition of any building or buildings under this Act, the powers of demolition of buildings conferred on the Municipal Commissioner or Chief Officer or any other officers or authorities under any such law shall, notwithstanding anything contained in any such law, be exercised by them, subject to the control of the State Government. For this purpose, the State Government may, from time to time, issue any general or special directions to any such officers or authorities, which shall be complied by them.]

[Amendment of certain enactments.] Deleted by Mah. 2 of 1987, s. 5.