Chapter VII MISCELLANEOUS

It shall be lawful for any person authorised by the competent authority in this behalf to enter into or upon any building or land in a slum area with or without 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. (1) The competent authority may, by general or special order authorise any person :-
   • (a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in a slum area, and in his discretion to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be ;
   • (b) to examine works under construction in slum area, to take levels or to remove, test, examine 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, injured or removed for the purpose of such inspection shall be filled-in, re-instated, or made good as the case may be, by the competent authority.

Power to enter land adjoining and where work is in progress.

1. (1) Any person authorised by the competent authority in this behalf may, with or without assistance 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
3. (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.
4. (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 the occupier of such land or to both for any such damage whether permanent or temporary.

Breaking into building. It shall be lawful for any person authorised by the competent authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or other barrier-

1. (a) if he considers the opening thereof 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.

Entry to be made in the day time.

Owner’s consent ordinarily to be obtained Owner’s consent ordinarily to be obtained. 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 :

Power of eviction to be exercised only by the competent authority Power of eviction to be exercised only by the competent authority. Where the competent authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any notice, order or direction issued or given by the authority, the authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order : Provided that before making any order under this section the competent authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom :

Power to remove offensive or dangerous trades from slum areas Power to remove offensive or dangerous trades from slum areas. 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 :

Appeals Appeals.

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 State Government within a period of thirty days from the date of issue of such notice, order or direction.
2. (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) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence.
4. (4) 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 a legal practitioner.
5. (5) The decision of the State Government on appeal shall be final and shall not be questioned in any court.

Service of notices, etc.

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, or by sending it by post to the person for whom it is intended ; or
   • (b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice, order or direction to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates.
2. (2) Where the person on whom a notice, order or direction is to be served is a minor, service upon his guardian or upon any adult male member or 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 notice, order or direction which is not required to be served to any individual therein specified, shall save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the competent authority or in such other public place during such period, or is published in such local newspaper or in such other manner, as the competent authority may direct.
4. (4) Notice or order effecting an individual, corporation or firm shall be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the first Schedule to the Code of Civil Procedure, 1908.

Penalties.

1. (1) Whoever does any act in contravention of any notice, order or direction issued or given under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 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
3. (7) of section 10 or any plan for the re-development of a clearance area shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
4. (3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees.
5. (4) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
6. (5) Notwithstanding anything contained in sub-section
7. (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 purpose of this section—
   • (a) "company" means a body corporate and includes a firm or other association of individuals ; and
   • (b) "director" in relation to a firm means a partner in the firm.

Order of demolition of buildings in certain cases. 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

1. (7) of section 10 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 order, the competent authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue :

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

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

The competent authority may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein.

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

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

The State Government may, by notification, direct that any power exercisable by the competent authority under this Act, may be exercised, by the Board in such cases, and subject to such conditions, if any, as may be specified in the notification and on the issue of such notification, the competent authority shall not exercise the power in respect of the matters specified in such notification-

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

The provisions of this Act as amended by the Slum Areas (Improvement and Clearance) Haryana Amendment Act, 1990, shall be deemed to apply to any case or cases in which proceedings have been started before the commencement of this Act for the acquisition of any land in a slum area under the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), but no award has been made by the Collector under section 11 of the said Act before such commencement, as if-

1. (i) the notification published under sub-section

1. (1) of section 4 of the said Act ; or
   • (ii) the declaration made under section 6 of said Act ; or
   • (iii) the notice given under sub-section
2. (1) of section 9 of said Act, were a notice to show cause against the acquisition of the land served by the State Government under section 12 of this Act.

1. (1) The State Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :-
   • (a) the manner of authentication of notices, orders and other instruments of the competent authority ;
   • (b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans ;
   • (c) the form and manner in which application for permission under sub-section
3. (2) of section 19 shall be made and the fees to be levied in respect of such applications ;
   • (d) the procedure to be followed by the competent authority before granting or refusing to grant permission under section 19 ;
   • (e) the time within which an appeal may be preferred under section 20 ;
   • (f) the officers and local authorities to whom powers may be delegated under section 36 ; and
   • (g) any other matter which has to be or may be prescribed.
4. (3) Every rule made under this section shall be laid as soon as may be after it is made before ‘[the House] of the State Legislature while it is in session for a total period of ten 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, ‘[the House agrees] in making any modification in the rule or ‘[the House agrees] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.