section 5
Restriction on buildings, etc., in slum areas
The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971Chapter III PREVENTION OF GROWTH OF SLUMS.
(1) The prescribed authority may, by notification, direct that no person shall erect any building in a slum area except with the previous permission in writing of the prescribed authority. (2) Every notification issued under sub-section (i) shall cease to have effect on the expiration of two years from the date thereof except as respect things done or omitted to be done before such cesser. (3) Every person desiring to obtain permission referred to in sub-section (1) shall make an application in writing to the prescribed authority, in such form and containing such information in respect of the erection of the building to which the application, the prescribed authority, after making such enquiry as it considers necessary shall, by order in writing.- (a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or (b) refuse to grant such permission; Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. (4) Nothing contained in sub-section (1) shall apply to- (a) any works of improvement required to be executed by a notice under sub-section (1) of section 6 or in pursuance of an undertaking given under sub-section (2) of Section 9; or (b) the erection of any building in any area in respect of which a notification has been issued under sub-section (1) of Section 11. (i) The owner of the lands and the buildings in the areas notified by the Government as Slum Clearance Area under sub-section (1) of section 11 of the Act shall clear the area and demolish the buildings before the expiry of thirty days from the date of the said notification- (ii) The time for appeal to the Government under the proviso to sub-section (1) of section 14 of the Act shall be thirty days from the date of approval of the plan and the conditions attached thereto under sub-section (1) of section 14 of the Act. Before an order of eviction is passed under rule 4 of the Executive Engineer or an officer of the Board authorized by the Chairman in this behalf shall issue notice to the person against whom action is taken, to show cause why an order of eviction should not be passes against him. After considering the explanation, if any, given, the Executive Engineer or the Officer or the Board authorized by the Chairman, shall pass appropriate orders. Orders for making any deposit shall be, in writing, and all such orders and cheques shall be signed by the Chairman or the Chief Accounts Officer of the Board in respect of the main Accounts of the Board and by the Executive Engineer or the Estate Officers concerned in respect of the Divisions / Units. Every Service Association recognized under these rules shall comply with the following conditions namely:- (a) All representatives by the Service Association shall be submitted through the proper channel, and shall, as a normal practice be addressed to the Chairman of the Board; (b) A list of members and officer-bearers, an up-to-date copy of the rules and an audited statement of accounts of the Service Association shall be furnished to the Board annually through proper channel after the general annual meeting so as to reach the Board, before the first day of July each year; (c) All Service Associations, whose annual turn over is of the order of Rs. 10,000 (Rupees ten thousand) and above, shall have their accounts duly audited by a qualified registered Auditor. (d) Any amendment of a substantial character in the rules or bye-laws of the Service Association shall be made only with the previous approval of the Board and any other amendment of minor character shall be sent through the proper channel to the Board. (e) The Service Association shall not do any act or assist in the doing of any act which, if done by a Board’s servant would contravene any of the provisions of rules of the Tamil Nadu Slum Clearance Board’s Officers and Servants Conduct Rules. (f) The Service Association shall not address any communications to a foreign authority except through the Board which shall have the right to withhold it; (g) Communications addressed by the Service Association or by any officer/bearer on its behalf of the Board or the Government shall not contain any disrespectful or improper language; (h) The Service Association shall not, without the previous sanction of the Board, permit its proceedings to be open to the Press; (i) The Service Association shall not use a strike or the threat of a strike against the Board as a means of achieving any of the purposes of the Association; and (j) The Service Association shall have the following rule incorporated among its rules, namely:- “ A strike or the treat of a strike against the Board shall never be used as a means of achieving any of the purposes of the Association”.
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