Chapter VII PROTECTION OF [OCCUPANTS] IN SLUM AREAS FROM EVICTION

(1) Notwithstanding anything contained in any other law for the time being in force, no person shall except with the previous permission in writing of prescribed authority- (a) institute, after the commencement of this Act any suit or proceedings for obtaining any decree or order for the eviction an occupant from any building or land in such area: or (b) where any degree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of an occupant from any building or land in such area, execute such decree or order. (2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the prescribed authority in such form and containing such particulars as may be prescribed. (3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumstances of the case as it thinks fit shall, by order in writing, either grant or refuse to grant such permission. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely:-- (a) whether alternative accommodation within the means of the occupant would be available to him if he were evicted: (b) whether the eviction is in the interest of improvement and clearance of the slum area; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. Explanation.-In, this section and, in sections 31,32, and 33, ‘occupant’ means an occupier, not bring an owner in occupation of, or otherwise using, his hand or building.

Any person aggrieved by an order of the prescribed authority, refusing to grant the permission under sub-section (4) of Section 5 or under sub-section (3) of Section 29 may, within such time as may be prescribed, prefer an appeal to the Government and the Government may, after hearing the appellant, decide such appeal and their decision shall be final.

(1) Where an occupant in occupation of any building in a slum area vacates any building or is evicted there from on the ground that it may required for the purpose of executing any work of improvement or for the purpose of re-erection of the building, the an occupant may, within such time as may be prescribed, file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building as the case may be. (2) On receipt of such declaration, the prescribed authority shall, by order, require the owner of the building to furnish to it, within such time as may be prescribed, the plan of the work of improvement or re-erection of the building and estimates of the cost thereof land such other particular as may be necessary and shall, on the furnished and having regard to the provisions of sub-section (3) of section 32 and after holding such enquiry as to may think fit, provisionally determine the rent that would be payable by the occupant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1) (3) The rent previously determined under sub-section (2) shall be communicated in the prescribed manner to the an occupant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1). (4) If the an occupant, after the receipt of such communication, intimates in writing to the prescribed authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner, until the rent is finally determined under section 32, the rent provisionally determined under sub-section (2), the prescribed authority shall direct the owner to place the an occupant in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction.

(1) Where any building in a slum area is let to an occupant after the execution of any work of improvement of after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section. (2) Where any such building is let to an occupant other than an occupant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 31, the an occupant shall be liable to pay to the owner- (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law of the agreed rent whichever is less; (b) if there is no such law in force in such area, such rent as may be agreed to between the owner and the an occupant. (3) Where any such building is let to an occupant shall, not withstanding any law relating to the control of rents in force in the area, be liable to pay to the owner- (a) if any work of improvement has been executed in relation to the building, an annual rent of slum equivalent to the aggregate of the following amount, namely:- (i) the annual rent the an occupant was paying immediately before he vacated the building for the purpose of execution of the work improvement. (ii) six per cent, of the cost of the work of improvement; and (iii) six percent, of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land were acquired under section 17 on the date of commencement of the work of improvement; (b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent, of the aggregate cost of re-erection of the building and cost of the land on which the building is re-erected. Explanation.- for the purpose of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 17 on the date of commencement of the re-erection of the building. (4) The rent payable by an occupant in respect of any building under sub-section (3) shall, on an application made by the an occupant or the owner, be determined by the authority referred to in sub-section (5); Provided that an application for determination of such rent by the owner or the an occupant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the date of completion of the work of improvement or re-erection of the building, as the case may be. (5) The authority to which the application referred to in sub-section (4) shall be made, shall be - (a) Where there is a general law relating to the control of rents in force in the area in which the building in situate, the authority to whom applications may be made for fixing of rents of buildings situate in that area; and for the purposes of determining the rent under this section that authority may exercise all or any of the powers it has under the said general law; and the provisions of such law including provisions relating to the appeals shall apply accordingly; (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the Government and such rules may provide the procedure that will be followed by that authority in determining the rent and also for appeals against the decision of such authority. (6) Where the rent in finally determined under this section, then the amount of rent paid by the an occupant shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined the an occupant shall pay the deficiency or be entitled to a refund, as the case may be.

Noting in this Chapter shall apply to or in relation to an occupant of any building situate in a slum area and belonging to the Government or Board or any local authority.