Chapter IV IMPROVEMENT OF SLUM AREAS

(1) Where the prescribed authority is satisfied that at a reasonable expense. (a) any slum area or any part thereof is capable of being improved so as not to be a source of danger to the health, safety or convenience of the public of that area; or (b) any building being unfit for human habitation in a slum area can be rendered fit for human habitation. It may serve upon the owner of the slum area or part thereof or of the building, as the case any be, a notice requiring him within such time not being less than sixty days, as may be specified in the notice, to execute the works of improvement specified therein: Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water-taps, bathing places, construction of drains, open or covered as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the buildings, the notice shall be served upon the owner of the land. (2) In addition to serving a notice under sub-section (1) on the other concerned, the prescribed authority may serve a copy of the notice on any other person having an interest in the slum area or part thereof or the building or the land on which the building stands, whether as lessee, mortgagee or otherwise. (3) In determining for the purposes of this Act, whether at a reasonable expense the slum area or part thereof can be improved or the building rendered fit for human habitation, regard shall be had to the estimated cost of the works of improvement of the slum area or part thereof or of the works necessary to render the building fit for human habitation and the estimated value that the slum area or part thereof or the building will have when such works are completed. (i) For the purpose of the enquiry referred to in sub-section (2) of the section 20 of the Act, the said authority shall follow the procedure laid down in the Land Acquisition Manual of the Government of Tamil Nadu, as far as possible and applicable. (i) The period with which an appeal should be made by any person who is aggrieved by the order of determination of compensation by the prescribed authority referred to in section 22 of the Act shall be thirty days from the date of receipt of the said order by that person. If any person refuses or fails to comply with an order made under rule 4, the Executive Engineer or the officer authorized by the Chairman may evict that person from and take possession of the premises and may for that purpose, use such force as may be necessary. The Chairman, the Chief Accounts Officer, the Executive Engineer, or the Estate Officer, as the case may be shall satisfy himself before he signs a cheque that the sum for which such cheque is drawn is required for a purpose of work specifically sanctioned by the Board or any other competent authority where such sanction is necessary under the Act or rules made there under. The Chairman, of the Chief Accounts Officer, the Executive Engineer, or the Estate Officer, as the case may be shall also satisfy himself before signing the cheque that a proper bill has been prepared and passed for payment by the competent authority. The Tamil Nadu Slum Clearance Board may if the Board is of opinion that a service Association recognized or deemed to have been recognized under these rules have failed to comply with any of the condition in rule 4 or rule 5 for good and sufficient reason to be recorded in writing deserves to be de-recognised, withdraw the recognition accorded to such service association provided that the recognition shall not be withdrawn, unless such service association has been given an opportunity of making its representations.

(1) If a notice under sub-section (1) of section 6 is not complied with, then, after the expiration of the time specified in the notice, the prescribed authority may itself execute the works required to be executed by the notice. (2) All expenses incurred by the prescribed authority under this section, together with interest, at such rate as the Government may, by order, fix from the date when a demand for the expenses is made under payment, may be recovered by the prescribed authority from the owner of the slum area or part thereof or of the building or of the land on which the building stands, as the case may be, as arrears of land revenue and all such expenses and interest shall constitute a charge upon the slum area or part thereof or the building or the land on which the building stands, as the case may be; Provided that if the owner proves that he- (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the prescribed authority. his liability shall be limited to the total amount of the money which he has in his hands as aforesaid. (i) The application for obtaining previous permission referred to in sub-section (2) of section 29 of the Act shall be made in the Form appended to these vide Appendix ‘F’. (ii) The time with which an appeal shall be preferred to the Government by any person who is aggrieved by an order of the prescribed authority refusing to grant permission under sub-section (4) of section 5 or under sub-section (3) of section 29 of the Act shall be thirty days from the date of receipt of the said order by that person. Any person aggrieved by an order of refusal by the Tamil Nadu Slum Clearance Board under rule 7 (i) above may appeal to the government within thirty days from the date or order of the refusal. (iii) Entry tenant who has vacated any building or is evicted thereform in pursuance of sub-section (i) of Section 31 of the Act may file a declaration with the Tamil Nadu Slum Clearance Board with in the time within which any tenant should file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after completion of improvement or re-erection of the building as the case may be shall be thirty days from the date of vacation or eviction. (iv) The provisional rent determined in pursuance of sub- section (2) of section 31 of the Act shall be communicated to the tenant by register post with acknowledgement due. (v) The tenant shall intimate his acceptance of the said provisional rent to the prescribed authority with 30 days from the date of receipt of the communication to him. Without prejudice to the provisions of rule 4, where any person is in arrears of dues fee or other amount due to the Board in respect of any Board’s premises, the Chairman of the Board or any other authorized by him in this behalf may be notice served, order that person to pay the same within such time not being less than fifteen days as may be specified in the notice. If such person refuses or fails to pay the same within the time specified in the notice, such arrears may be recovered as if it is an arrears of land revenue. (i) Every cheque shall be made payable to order only. In the absence of a specific request to the contrary from the payee, the cheque drawn in favour of corporate bodies, firms or private persons shall always be crossed. Subject to any instructions from the payee, the cheque shall be crossed …………………… and Company between the crossing. (ii) These accounts in the Bank shall be operated by the Chairman, the Chief Accounts Officer of the Boards, the Executive Engineers and the Estate Officers of the divisions. The Board shall decide, from time to time, the names and designation of the officers who shall operate such accounts in the Banks mentioned to rule 3. The Board may dispense with or relax the requirements of any of these rules to such extent and subject to such conditions as it may deem fit in regard to any Service Association or Class of Service Associations.

(1) Where works of improvement have been executed in relation to any land or building in a slum area, in pursuance of the provisions of sections 6 and 7, the expenses incurred by the prescribed authority, or as the case may be, by any local authority, in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works, may be recovered from the occupier or occupiers of the land or buildings as arrears of land revenue. (2) The amount of expenses referred to in sub-section (1) shall be determined by order by the prescribed authority and in the case of expenses incurred by the local authority, the prescribed authority shall consult the local authority before passing an order determining the amount of expenses incurred by the local authority. The time within which an appeal should be made to Government by any person aggrieved by any notice, order or direction issued by the prescribed authority shall be thirty days from the date of the receipt of the said notice, order or direction by that person. Where any person is in unauthorized occupation of any Board’s premises. Chairman of the Board or any officer authorized by him in this behalf may, in the prescribed manner, assess such damages on account of the use and occupation of the premises and may by notice order that person to pay the damages within such time as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice the damages may be recovered from him as if it is an arrear of land revenue. If any question arises as to the interpretation of any of provisions of these rules, it shall be referred to the Board whose decision thereon shall be final.

(1) Where the prescribed authority on a report from the local authority concerned or the State Housing Board or the Board or an officer authorizes by the Government for this purpose is satisfied that any building being unfit for human habitation in a slum area is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the prescribed authority and gives an undertaking to that authority that such person shall, within such period as may be specified by the authority, execute such works of improvement in relation to the building, as will in the opinion of the authority, render the building fit for human habitation or that it shall not be used for human habitation until that authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if, in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the prescribed authority shall forthwith make an order of demolition of the building, or require that the building shall be demolished within such period as may be prescribed. (1) Any person aggrieved by an order of the Executive Engineer or the officer of the Board authorized by an Chairman under the foregoing rule may within 15 days from the date of service of such order prefer an appeal to the Chairman: Provided that the Chairman may entertain to the appeal after the expiry of the said period of 15 days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time. (2) On receipt of an appeal under sub-rule (1), the Chairman may, after calling for a report from the Executive Engineer, or the officer of the Board authorized by the Chairman and after making such further inquiry, if any as may be necessary pass such orders as he thinks fit and the order of the Chairman shall be final. (3) On such appeal being preferred, the Chairman may stay the execution of the order of the Executive Engineer or the officer of the Board authorized by the Chairman for such period and on such conditions as he thinks fit.

Where an order of demolition of building under section 9 has been made, the owner of the building or any other person having an interest therein shall demolish that building, within the period mentioned in sub-section (3) of section 9; and if the building is not demolished within that time, the prescribed authority shall enter and demolish the building and subject to the provisions of section 61, sell the materials thereof. (1) Subject to the provisions of Rules 4 and 5, any slum dweller who is an employee of the Government or a local authority and who has been allotted any Board’s premises may execute an agreement in favour of the Board, providing that the Government or the local authority, as the case may be, under or by whom he is employed shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent fee or other amounts due by him in respect of the Board’s premises allotted to him. (2) On the execution of such an agreement, the Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition, from the salary or wages of the employee specified in the requisition, in accordance with agreement any pay the amount so deducted to the Board.