Chapter IX MISCELLANEOUS

The Government may, by notification, direct that any power exercisable by the prescribed 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 prescribed authority shall not exercise the power in respect of the matters specified in such notification.

(1) Save as otherwise provided in this Act and subject to the provisions of this section and of any rules made in this behalf every notice issued or order made under this Act shall-

(a) in the case of any notice or order of a general nature or affecting a class of persons, be published in the Tamil Nadu Government Gazette;

(b) in the case of any notice or order affecting an individual corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 or Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908); and

(c) in the case of any notice or order affecting an individual person (not being a corporation or firm), be served on such person-

(i) by delivering or tendering it to that person; or

(ii) if it cannot be so delivered or tendered, by delivering or tendering it to the head of the office in which such person is employed, or to any adult male servant of such person, or to any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or

(iii) failing service by any of the means aforesaid, by post or by affixing a copy of the said notice or order on some conspicuous part of the land or building to which it relates.

(2) Where the notice or order cannot be served without undue delay, due to any dispute in the ownership of the land or building or due to the person to whom the notice or order is intended being not readily traceable, the notice or order may be served by publishing it in the Tamil Nadu Government Gazette, and where possible, by affixing a copy thereof on some conspicuous part of the land or building to which it relates.

It shall be lawful for any person authorized by the prescribed authority in this behalf to enter into or upon any land or building in any slum area or slum clearance area with or without assistants or workmen, in order to make any enquiry, inspection measurement, valuation or survey, or to execute any work which is authorized by or under this Act or which it is necessary to execute for any of purposes or in pursuance of any of the provisions of this Act or of any rule or order made there under.

(1) The Government 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 land or building in a slum area or slum clearance 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 the slum area or to take level or to remove, test, examine, replace or read any meter.

(2) if no 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 not 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, reinstated, or made good, as the case may be, by the Government.

(1) Any person authorized by the Government in this behalf may, with or without assistants of workmen, enter on any land within forty-five meters of any work authorized 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 purpose connected with the carrying on of the same.

(2) The person so authorized 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) The person so authorized shall, in exercising any power conferred by this section do as little damage, as may be, an compensation shall be payable by the Government to the owner or occupier of such land or to both for any such damage whether permanent or temporary in accordance with such rules as may be made.

It shall be lawful for any person authorized by the prescribed authority in this behalf to enter into any place or to open or cause to be opened any door, gate or other barrier -

No entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

Save as provided in this Act, no land or building 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, urine or a work under construction.

Notwithstanding anything contained in this Act, where the prescribed 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 -

(i) any notice, order or direction issued by the prescribed authority; or

(ii) any notice or direction issued by the owner;

the prescribed authority shall, if satisfied that such eviction is necessary to carry out the purposes of the Act, 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 may for that purpose use or cause to be used such force as may be necessary:

Provided that, before making any order under this section, the prescribed authority shall call upon the occupants of the building to show cause why they should not be evicted there from and after considering the cause, if any, shown by any occupants, the prescribed authority may pass such orders as it deems fit.

The prescribed 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 before making any order under this section the prescribed authority shall call upon the person carrying on the trade to show cause why the order should not be made and after considering the cause, if any, shown by such person, the prescribed authority may pass such orders as it deems fit.

(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued by the prescribed authority may, within such time as may be prescribed, appeal to the Government.

(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) 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 on 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) No appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity or being heard.

(5) The decision of the Government on appeal shall be final and shall not be questioned in any Court.

Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or conditions imposed under section 14 or of a plan for the re-development of any slum clearance areas or in contravention of any notice, order or direction issued under this Act, the prescribed 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 building shall be demolished by the owner thereof, within such time, not exceeding sixty days, as may be specified in the order, and on the failure of the owner to comply with the order within the time specified, the prescribed authority may itself cause the building to be demolished and subject to the provisions of section 61, sell the materials thereof:

Provided that, before making any order under this section, the prescribed authority shall call upon the owner to show cause why the order should not be made and after considering the cause, if any, shown by such owner, the prescribed authority may pass such orders as it deems fit.

(1) Where the materials of any building demolished by the prescribed authority, under section 10, section 13 or section 60 are sold, the prescribed authority shall apply the proceeds of such sale in or towards payment of the expenses incurred by that authority under that section and pay any surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale. If no such demand is made, such surplus shall be deposited with the Government or authority specified by them.

(2) Any expenses referred to in sub-section (1), if not satisfied out of the sale proceeds of the materials of any building referred to in that sub-section, may be recovered by the prescribed authority from the owner of the building or any other person having an interest therein as arrears of land revenue.

(1) Any person who -

(a) commences or causes to be commenced any work in contravention of any restriction or condition imposed under section 14 or of any plan for the re-development of a slum clearance area; or

(b) contravenes or fails to comply with any other provision of this Act or of any rule made thereunder or of any notice, order or direction issued in pursuance of any of the provisions of this Act or the rules made there under shall be punishable for the first offence with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both and for a second or any subsequent offence with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.

(2) Any person who obstructs any person authorised under any of the provisions of this Act or the rules made thereunder to enter into or upon any land or building or molests such person after such entry shall be punishable with fine which may extent to one thousand rupees.

(1) 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 proceed 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 the offence.

(2) Notwithstanding anything contained in sub-section (1), 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, 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 film or other association of individuals; and (b) ‘director’ in relation to a firm means a partner in the firm.

Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the Government are, or the prescribed authority 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 prescribed 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 (Central Act XLV of 1860).

(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith, done or intended to be done in pursuance of this Act or of any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government or the prescribed authority or any authority or office subordinate to the Government or the prescribed authority for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of this Act or may rule or order made thereunder.

(1) The Government by notification, authorise any authority or officer to exercise any of the powers vested in them by this Act (except the power to acquire land under sub-section(1) of section 17 and the power to make rules under section 70) and may in like manner withdraw such authority. (2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf. The Government shall also have power to control and revise the acts or proceedings of any officer so empowered.

The provisions of this Act and the rules made there under shall have effect notwithstanding anything inconsistent therewith contained in any law for the time being in force, or any custom, usage or contract or decree or order of a Court or other authority.

(1) The Government may make rules [whether prospectively or retrospectively] for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for or regulate - (a) all matters expressly required or allowed by this Act to be prescribed; (b) the fees payable in respect of any application or statement under this Act; (c) the manner of authentication of notices, orders and other instruments of the prescribed authority; and (d) the preparation of plans for the development of any slum area or slum clearance area and matters to be included in such plans.

(1) The provisions of this Act shall apply also 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(Central Act I of 1894) (hereinafter in this section referred to as the said Act), but no award has been made by the Collector under section II of this said Act before such commencement, as if - (i) the notification published under sub-section (1) of section 4 of the said Act, or (ii) the declaration made under section 6 of the said Act, or (iii) the notice given under sub-section (1) of section 9 of the said Act, were a notice to show cause against the acquisition of the land served by the government under the provision to section 17 of this Act. (2) Nothing contained in sub-section (1) shall apply in relation to any land unless and until after the Government have published a notice in the Tamil Nadu Government Gazette to the effect that the said land is required for any of the purposes specified in section 17 of this Act.

(1) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (b) All notifications issued under this Act shall unless they are expressed to come into force on a particular day, come into force on the day on which they are published. (2) Every rule made or notification issued under this Act shall, as soon as possible after it is made or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 or notification.

The Tamil Nadu Slum Improvement (Acquisition of Land) Act, 1954 (Tamil Nadu Act X1 of 1954), is hereby repealed.

(1) The Tamil Nadu Slum Areas ( Improvement and Clearance ) Ordinance, 1971 (Tamil Nadu Ordinance 1 of 1971 ) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance including any orders passed, notifications issued, rules, regulations and appointments made shall in so far as they are not inconsistent with this Act be deemed to have been done or taken under this act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.