Chapter 1 PRELIMINARY

(1) This Act may be called Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. (2) It extends to the whole of Tamil Nadu. (3) It should come in to force on such date as the Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act: Provided that any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. These rules may be called the Tamil Nadu Slum Clearance Board (Manner of Operation of Accounts) Rules, 1976. These rules may be called the Tamil Nadu Slum Clearance Board’s Servant’s Recognition of Service Associations (Recognition) Rules, 1981.

In this Act, unless the context otherwise requires- (a) “Board” means the Tamil Nadu Slum Clearance Board, established under section 34; (b) “Building” Includes a house, out-house, stable, latrine, shed, hut, wall and any other such structure, whether or masonry, bricks, wood, mud, metal or any other materials whatsoever, but does not include part or machinery comprised in a building; (c) “Court” means- (i) in the city of Madras, the Madras City Civil Court; (ii) elsewhere, the Subordinate Judge’s Court having jurisdiction and if there is not such Subordinate Judge’s Court, the District Court having jurisdiction; (d) “erection” in relation to a building includes extension, alteration or re-erection; (e) “Government” means the State Government; (f) ‘land’ includes building and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth or permanently fastened to anything attached to the earth; (g) “occupier” includes- (i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (ii) an owner in occupation of, or otherwise using his land or building; (iii) a rent-free tenant of any land or building; (iv) a licensee in occupation of any land or building; and (v) any person who is liable to pay to the owner damages for the use and occupation of any land or buildings; (h) “owner” includes any person, who is receiving or is entitled to receive the rent of any land or building whether on his own account or on behalf and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the land or building were let to a tenant; (i) “person interested” in relation to any land or building, includes any person claiming, or entitled to claim, an interest in the compensation payable on account of the acquisition of that land or building under this Act; (j) “prescribed authority” means any authority or person authorized by the Government in this regard, by notification; (k) “slum area” means any area declared to be a slum area under sub-section (1) of section 3; (l) “slum clearance area” means any slum area declared to be a slum clearance area under section 11; (m) “State Housing Board” means the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act XVII of 1961); (n) “work of improvement” in relation to any building in a slum area includes the execution of any one or more of the following works, namely:- (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water-taps and bathing places; (iv) construction of drains, open or covered; (v) provision of latrines, including conversion of dry latrines into water-borne latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of Court-yards; (viii) removal of rubbish; and (ix) any other work including the demolition of any building or any part there of which in the opinion of the prescribed authority is necessary for executing any of the works specified above. These rules shall come into force on the 18th July 1981.

(1) Where the Government are satisfied that- (a) any area is or may be a source of danger to the health, safety or convenience of the public of that area or of its neighborhood, by reason of the area being low-lying, insanitary, squalid, overcrowded or otherwise; or (b) the buildings in any area, used or intended to be used for human habitation are- (i) in any respect, unfit for human habitation; or (ii) by reason of dilapidation, over-crowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals, they may by notification, declare such area to be a slum area. (2) In determining whether a building is unfit for human habitation, for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say:- (i) repair, (ii) stability, (iii) freedom from damp, (iv) natural light and air, (v) water-supply, (vi) drainage and sanitary conveniences, (vii) facilities for storage, preparation and cooking of food and for the disposal of water waste; and the building shall be deemed to be unfit as aforesaid, if and only if it is so defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. (v) The notice for execution of works of improvement referred to in sub-section (1) of section 6 of the Act shall be in the Form appended to these rules – vide Appendix ‘E’. (1) The Board may be authorized to deposit, its funds in one or more Nationalised Commercial Banks of ‘A’ Class Schedule Banks in such accounts as may be found convenient, up to a maximum monetary limit of one hundred lakhs of rupees in each bank. (2) The Bank account shall be opened by the name of the Board. In these rules, unless the context otherwise requires. (a) “Board Servant” means any person who is an Officer or a servant of the Tamil Nadu Slum Clearance Board constituted under Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 or any of its units but does not include a servant of the Central or State Government or local authority whose services have been lent to the Board. (b) Service Association includes a Federation or a Confederation of Service Associations.