214 The Arunachal Pradesh Property Rights to Slum Dwellers Acl,20'12.
(Act No. 1 of 2013) (Received the assent of the Governor on 4th January, 2013 and Published in theArunachal Pradesh E.O. Gazette No. 3,Vol-XX, dated 18th January, 2013) An Act to provide for facilitation of inclusive growth and slum-free cities, including basic amenities and affordable housing to the slum-dwellers; for this purpose to lay down general principles applicable to slum-free cities in all spheres of Government, to define the functions of State and Local Govemments in respect of according property rights to slum dwellers and to provide Property Rightsto SIum Dwdlers, and matterconnected orincidental thereto;.
BE it enacted by the Legr:srativ€ Assamb/y ofArunachal Pradesh in the Sixty-third Year of the Republic of lndia as follows :
Chapter - I PRELIMINARY
1. Short title, extent and Commencement: (1) ThisActmaybe called theArunachal Pradesh Property Rights to Slum Dwellers Act, 2012.
(2) lt enends to the notitied Urban areas of the State ofArunachal Pradesh.
(3) lt shall come into force on such date as the State Govemment may by notification in the Official Gazette appoint; and different dates may be appointed br different areas.
2. Oefinltions : ln this Act, unless the context otheMise requires :-
(1) "Affordable Cost' means a cost that is based on the needs and financial capability of the slum dweller, as determined by the State Slum RedevelopmentAuthority/ StateGovernment.
(2) "Authority Oflice/' means any officer, the Govemmenl may be order specifically authorize to exercise the powers of the Authorized Offlcer in such area as may be specified therein.
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(3) "Basic Civic Services" means services of drinking water supply, drainage, sewerage, solid waste dispoBal and street lighting.
(4) "Building" includes a house. out-house, stable, shed, hut and other enclosure or structure, whether of masonry bricks, wood, mud, metal or any other material whatsoevel whether used as human dwelling or otherwise; and also includes verandahs, flxed platform, plinths, door-steps, electric meters, walls including compound walls and fencing and the Iike, but does not include plant or machinery comprised in a building.
(5) "Carpet Area" means the net usable floor area of a dwelling house, excluding that covered by the walls and the common areas.
(6) "State Government land" means land owner by the State Govemment.
(7) "Central Govemment land' means land cn med by the Central Govemment or its undertakings.
(8) "Chairpe6on" means the Chairperson of the City/ Urban Area Slum Redevelopment Committee appointed under section 8 of the Act.
(9) 'Ci9/ U6an Al€a Slum Redevolopment Committos" means the City/Urban Area Slum Redevelopment Committee or Committees appointed under section 7 of this Act.
(10) "Collector" means the Collector of a district and includes as Additional Collector or any offlcer specially appointed by the State Government to perform the functions of a Coliector under this Act.
(11) "DevelopmenURedevelopment" with its grammatical variations and cognate expressions, means the carrying out of any building, engineering or other operations in, on over or under land orthe making of any materialchange in any building or land and includes layout and sub-division ofany land.
(12) 'Dweller House" means an all weather singlei multi-stored super structure with adequate basic infrastructure including portable wate( and sanitation for a quality living 216
(13) "Dweller Space" means dwellang house or a piece of land for constructron of a dwelling house ('14) "Floor Space lnderFloor Area Ratio" means the area that can be constructed on a piece of land divided by the total area of the land.
(15) "Government" means the State Government of Arunachal Pradesh.
(16) "Govemment Land" means any land owned or acquired by the State Government or its undertakings orthe Urban Local Body or DevelopmentAuthority situated in a districtor an urban area as the case may be.
(17) "ln-situ slum re-development" means the process of redevelopment ofslum areas by providing dwelling space and other basic civic and infrastructural services to the slum dwellers, or the existing land on which the slum is based.
(18) "Land'l includes.benefits lo arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
(19) t'Laildle8s PeBon" means a person who does notown either in his own name or in the name of any member of his family any dwelling house or land in an urban area.
(20) "tllember" in relation to the Cityiurban Area slum Redevelopment Committee. means the member of the City/ UrbanArea Slum Redevelopment Committee appointed under section 8 and includes the Chairperson.
(21) "Person" includes an individual and his family.
Explanation : - Family, includes husband, wife, minor son, unmanied daughbror any relation by blood wholly dependent on the slum dweller.
(22) "Piescribed" means prescribed by rules made undertheAct.
(23) "Private Land" means land or/ned by a private person or entity.
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(24) "Properlyt 6eans the land , the building, all irnprovements , and struqtures thereon, and all easernents, rights and .. appurtenances belonging thereto, and includes every type of right and interest rn land which a perion can have to the exclusion of other persons, such as possession, use and enioyment free from interference, right of disposition and franchises.
(25) "Rule' means the rules made under this Act by the State Govertment.
(26) "Schdine" means any arrangement or plan prepared '' and declarcd unde;the Act for the proteclion, redevelopment, up-gradation, relocation and resettlement of slum dwellers as provided under section 10.
(27) "Slum" or "Slum" Acra" means a compact settlement of , at least twenty househol4s with a collection of poorly built tenemenb, mostly of temporary- nature; cfo\,vded together usually with inadequate sanitary and driqkang water facilities in unhygienic conditions.
(28) "Slum Owelled means-any person residing within the limits of a slum area.
(29) "Slum Resettlement" means the process of relocation and settlement 6Islum dwellers from the existing untenabfe.slums to an alternativd site with dwellihg space, basic''i{viU and infrastrucluralservices. )t ti
(30) "state Sliim Redevelbpmeni Autnority; 'hean5 tne Authority appointed under sectron 11 of thisAct.
(31) ''Tonable S€ttlomonf means allslums which do not fallwithin the definition of Untenable Settlements.
(32) "Tribunal" meani the Tribunal established by ine State Goyernment llnder the qection 16 of the Act.
(33) "Untenable Setllement" are those settlements which are non- environmentally hazardous sites (like riverbank, pond sites, hilly or marshy telrraine , etc.), ecologically sensitive sites (like mangroves, national parks, sanctuaries, etc.), and on land marked tor public utilities and services (such as major roads. railways tracks, trunk infrastrubture, etc ) 218
(34) "Up{radation' means the pftress of improving the quality or expanding of dwelling spaces occupied by slum dwellers-' with provision of basic seMces and infrastruc.ture services and' includeslandscaping.
(35) "Urban Area" means the area comprised within the limits of all cities and torvns classified as urban by the Census 2001/ . 201 1 including the limits of Municipal Corporation or Municipal Council or Nagar Panchayat as constituted under the State Acts, including cantonment board otnotified areas, and shall incluire the planning area as per the Developmenl Plan of a town or City.
(36) 'Word6 and expressions used but not defined in thisActshall have he same meaning as indicated under the State Municipal Corporation/ Municipality Act, Stat€ Town Planning Act and/ or the Urban DevelopmedtAct and other relevantAc{s of the State.
Chapt r -ll PROPERTY RIGHTS
3. Poperty Rightr ln the fiorm of dwellirtg space : ( 1) Notwithstanding anylhing conEined in any law for the time being in brce, every triballandless person living in a slum area in any city or urban area, from the last 10 year shall be entitled to a dwelling space at an affordable cost.
Explanauon : For th€ Frpo6e of this suFseclion he dvrelling house shall be of a minimum 25 sq m carpet area, orwhere land is being allotted, the allotment shall be of a minimum area so as to allow a construction of a dwelling house of minimum 25 sq m carpet area.
(2) Every Tribal slum dweller eligible as per sub-section (l) shall be given a legal documentof entitlement.
Explanation : For the purpose of this suFsection the legal title to the dwelling space shall be in the name of the female head of the household or in the joint name of the male head of the household and his wife.
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(3) Uffil the site for he d\i/elling space has been identified or developed as the case may be, every Tribal eligible slum dweller shall be issued a'document of intent to allot' and shall not irrespective of his land tenure status be evicted from that slum area.
(4) Every po6on living ln a slum area who is ln-aligible undet sub-Ee€'tlon (l) shatl be povid with an all wath* built spae to llve in, wtth provision of all basic civic servlces and other infliasfructurt hcilities, which may be on rentat hesis at dE sarrre siftr as t re cr'igibre slum dwdlers or d*wh6re, so dratrro slum family is ldt living in a slum like condition and the whole slum can be tldevelgped es per the ptovislons of Aris Act-
(5) The Dwelling space so provide under sub-section (l) shall not be transfierable by sublease, sale, gifl mortgage or any other manner \,1/hatsoever expect by inheritance, without the permission of the $ate Govemment br a period of 7 years from the date of allotment of the said dwelling space.
Provided that the dwelling space so allotted shall be mortgageable for the purpose to raising finance in the form of a housing loan from any aGrcdited financial institution for repayment of the cost of construction of the dwelling house.
(6) lfttre Slum dn ellers to whom the du,elling space has been proviled, bansfers $rch dwellang space in contraventon of the pmvisions of sub€ec{on (5) above, the bllo\iring consequ€nces shall ensure,& namely:-
(a) The allotment shall stand automatically cancelled on the date of such transfer ;
(b) Such transfershallbe nulland void i
(c) No ownership or o@upation rights shall accrue to the transferee ofsuch dwelling space ;
(d) TheAuttorized Officeron the directions of the City/Urban Areas Slum Reda/elopment Committee shall dispossess the person who is in actual possession of such dwelling space if or when such transfer comes to its notice.
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(7) Notwithstanding anything. contained in the Registration,Act, 1908, no officer empowered to register documents thereunder shall admit for regiStration any document which purpods to contravene the provisions of sub-sectioD (5).
4. ln€itu redevelopmenu up-gradation of all tenable slums :
{1) The dwelling space under sub-section {l) of Sbction 3 shall be provided in-situ iri all tenable slums and the State Authority lnay forthis purpbse modify the land use and town planning provisions vefiereverneeded.
{2) The slum dwellers living in a slum, which is untenable, shall be -,provided a dwelling space at an alternate site with basic civic and inftastructure services..:
(3) Where the slum is located on State Govemment land.or on privaiely owned land for less than 10 years. and'the State Govemment or the Private o\ ner as the case may be is'unwilling ' to negotiate a solution, the eligible slum dwellers shall be provided a dwelling space at an aiternate site with basic cjvic ',i " and lnfrastructure serviees.
(4) Where uniler sub-section (2) qr sub-section (3) the slum is' relocated to a site more than 5 kilometers and such relocation site is unconnected by public transport tb the originalsite, the cly/ Urban Area Slum Rede\Elopment Committee shallensure adequate public transport arrangements for the convenience ,.,. of the slum dwellers to reach their placesfor livelihood.
5. Conditions for allotment of a dwelling space : The allotment of the dwelling space under sub-section (1) of section 3 shall be subiect to the following conditions :-
(1) the slum dwellers undertakes to pay the affordable cost for the dwelling space; and
(2) the slum dwellers will occupy or conshuct the dwelling house as the case may be within the period notifi€d by the City/ UrbanAreas Slum Redevelopment Committee; and
(3) the slum dweller undertakes to abide b, the conditions of allotment.
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6. Process of ldentlficatlon of Eligible Slum Dwellers, Grant of Legal Entitlement and Dispute Resolution : The State Government shall prescribe and notify necessafy directions for the identification and periodrc survey of slum dwellers including bio-metric survey, manner of grantof legal entitlement to dwelling space, grievance redressal/drspute resolution mechanism etc. for the purpose of granting legal entitlement to the slum dwellers.
ChapterJll CITY' URBAN AREAS SLUM REDEVELOPMENT COMMITTEE
7. Establishment of City/Urban Aroas Slum Redevelopment Committee : The S:tate Government shall by notification establish for the purpose of thisAct a City/ UrbanAreas Slum Redevelopment Committee for each city or urban afea as it deems necessary and the Committee shall exercise lheir power under the respective jurisdictron overthe area as specified therein.
8. Composition of Clty/Urban Areas Slum Redeyelopment Committee : (1) The City/ Urban Areas Slum Redevelopment Committee shallin case ofa city be headed by the Chairperson ofthe Urban Local Body and in case ofa MunicipalCorporation/Municipal Council/ Nagar Panchayau metropolitan area by the Chairperson of the t\retropolitan Oevelopment Authorityicommittee as the case may be and shaltcomprise of the following memErs-
(a) The president of the Drstrict Panchayaus functioning in the diskict or urban areaor in any part thereof, ex-officio/ local Hon'ble MP/MLA of the jurisdidion.
(b) All Chairpersons ofthe Urban Local Bodies under the metropolitan Area (where the Chairperson is the head of the ULB metropolitan DevelopmentAuthority) ;
(c) District Collector or his iepresentatave, not below the rank of Additional Collector ;
(d) Superintendent of Police orhis representative, not belo\,v the rank ofAddition Superintendent of Police;
(e) Chief Executive Officer of the Development Authority/ ULB;
222 (0 City head oftre Depar[nentofb{yn and CountyPlanning
(g) City head ot the Environment Department of the State ;
(h) District head of the Slum Development Board/ Slum DevelopmentAuthority, if any :
(i) District Forest Officer I 0 One member having expertise in the field of urban planning to be nominated by the State Govemment ;
(k) Two representiatives of reputed NGO's / CBO's/ Civil Society Organization ftom within the urban area, to be - nominated by the State Govemment ;
(l) Representative ofthe cenfalGoveFment Land owning agency/ Land Revenue and Settlement officer of the District.
(m) Commissioner gf the Urban Local Body as Member Secretary who shall also be designated as the chief Executive Officer of lhe City/ Urban Area Slum . Redevelopmentcommittee. .. :
(n) Any other member that the State Government may decide.
(2) The procedure and conduct of business by the City/ Urban Area Slum Redeveloprnent Committee shall be as prescribed.
(3) The terms and conditions for appointment of otficers and emdoyees to assist the City/ Urban Area Slum Redevelopment Committee and the Special Committees, their salaries and allowances etc. shall be as prescribed.
9. Tha Powers and duties of the City, Urban Area Slum Redevelopment Committee Shall be as follows, namely :
(1) To survey and make a list of slum dwellers for grant of legal entitlement of dwelling space ;
(2) To review, and make an inventory of the existing position regarding slum areas and lands in urban areas for provision of dwelling space ;
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(3) To formulate schemes forslum redevelopmeny up{radation so as to cover every slum area within a specified period of time ;
(4) To implement the schemes for slum redevelopment/ upgradation/resettlement by designating agencies ;
(5) To constitute special Committees headed by members of the Committee, for implementing slum redevelopmenu upgradation/resettlement schemes ;
(6) To appoint such number of experts for technical and legal work as may be necessary for the efilcient performance of its functions;
(7) To prit in plase effective monitoring and evaluation systems relating to various projects under the slum redevelopmenu up{radatior/ rcsettlement schemes with clear responsibilities and budgEts.
(8) To formulate schemes for rental housing for the urban poor and slum{wellers in-eligible under the Act, and ensure its implementation i
(9) To ensure prevention of slums in the future and to revien, and monitor the implementation of the provisions of the relevant Acts relatng to prevention and removalof encroachment on govemment land.
(10) To partner with the private sector and other non{overnment organizations for implementation of the schemes ;
( 1 l ) To assist the slum dwellers in the forming of eo-operatives or Association or Society ; (1)
(12) To do all such other acts and things as may be necessary for achieving the objective of redevelopmenu up-gradation/ resettlement of slums.
10. Slum RedevelopmenU Up-gradation/ Resettlement Scheme: (1) The City/ Urban Area Slum Redevelopment Committee shall prepare schemes as perthe rules prescribed, covering provision of dwelling space, basic civic and infrastructure services for in situ redevelopment or uF gradation or relocation and resettlement of slums and for such other matters as it deems fitand necessary for the implementation of the provisions of the Act.
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(2) For the purpose of planning and land development under the slum redevelopmenu up{radation/ resettlement schemes, the State Government may on the recommendation of the City/ Urban Area Slum Redevelopment Committee make regulations under the relevantAct.
(3) The slum dwellers ortheir representatives shall be involved by the City/ Urban nrea Slum Redevelopment Committee in the preparation of the schemes and no such scheme shall be implemented without the consent of the majority of the adult slum dweller living in that slum.
Ghapter - ]V STATE SLUM REDEVELOPMENTAUTHORITY ll. State Slum RedevelopmentAuthority : (1) The State Government, may by notification, establish for the purpose of this Act an Authority to be called the State Slum Redevelopment Authority, (hereinafter referred to as the Stiate Authority'), to continuously monitor implementation of this Act and to recommend conective measures whercver necessary to take oveniding decisions thatconcern land use, tovrrn planning, master ptanning processes etc. and lo exercise powers and perform such otherfunctions assigned to it under this Aot.
(2) The StateAuthority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and disoose of property and may by the said name sue and be sued.
(3) The $ateAutrority shallconsist of the follorving members, namely:
(a) Chief Minister of the State- Chairperson ;
(b) Ministers for Urban Developmenti Housing/ Municipal Administrationi Local Self-Government-vice-Chairman ;
(c) MinisterforFinance-Member,
(d) Ministerfor Land Management & Revenue-Member
(e) Ministerfor Environment & Forest-Member
(f) Ministe!'for Law & Justicel LegalAffairs-Member;
(g) ChieiSecretary-Member ;
(h) Managing Director/ Chief Executve Offlcer of the Slum Development Board/ Slum DevelopmentAuthority, if any;
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(i) Two members representing civil society/community based organrzations/ NGO'y Social Organization etc to be nominated by the Chairperson-Members ;
0) Secretary(MunicipalAdministraton/Urban Developmenu Local Self Govemmenu Housing) of the Ste Govemment who shall also be designated as the Chief Exeoutive . Officer of the State Authority- Member Secretiarf
(k) Any other member that the State Government may decide.
(4) The Procedure and conduct of business by the Stste Authority, its budget and the term of office and conditions of service of the members shall be as prescribed.
(5) The terms and conditions for the appointment of officers and employees to function as the secretiariat of the State Authority, their salaries and allowances etc. shall be as prescribed.
12, Powers and Functions of the State Authority : The Authority shall perform the following functions, namely ;-
(1) To have overriding powers to take decisions on matlers relating to land use, town planning, master planning process etc.
(2) To set up the administrative machinery for the effective implementation of the provisions of theAct ;
(3) To monitor implementation of the Act ;
(4) To decided the financing mechanism for slum red€velopmenu up{radatror/ resettlement schemes, includin g determination of affordable cost to be pail by the slum dwellers for the dwelling space ;
(5) To commission such surveys, studies and research as it consider necessary br the discharge of its func{ions, especially in regard to provislon of housing to the urban poor, and to dissemination their findings :
(6) To make provisions for reservation of developed land/ FSI for provirling housing tothe urban poor and recommend measures to preventfuture groMh of slums; and
(7) Any other functions as may be prescribed.
226 Chapter-V ACQUISITION OF LANO
13. Power of State Government to acquire land : (1)Where on any represenhtion from the City/ Urban Area Slum Redevelopment Committee it appears to the State Govemment that, in order to enable the City/ Urban Area Slum Redevelopment Committee to execute any\ ork of redevelopmenu up-gradation/pesettlement in relation to any slum area, it is necessary that land with, adjorning or surrounded by any such area should be acquired, the S1ate Govemment may acquire the land by publishing in the Official Gazette a notice to the effect that the State Government has decided to acquire the land in pursuance of this section :
Provided that, before publishing such notice, the State Government, or as the case may be, the Collector may call upon by notice the owner of, or any other person who in its or his opinion, may be interested in such land to show cause in writing why the land should not be acquired; and after cons;dering the cause, if any, shown by the owner or any other person interested in the land, the State Government may pass such order as it deems fit.
(2) The acquisition of land for any purpose mentioned in suFsection
(1) shall be deemed to be a public purpose.
(3) When a notice as aforesaid is published in the Official Gazette, the land to which the said notice relates shall, on afld from the date on which the notice is so published; vest absolutely in the Govemment free from all encumbr€inces.
14. Land acquired by State Government to be made available to the City/Urban Area Slum Redevelopment Committee : Where any land in a slum area or any other area has been acquired under this Act the State Government shall make the land available to the Cityiurban Area SIum Redevelopment Committee for the purpose of executing any scheme of redevelopmenUUpgradation/resettlement.
15. Gompensation for acquisition of land : (1) Where land is acquired for the purpose of allotmentto the slum dweller, every person having any interest in any land acquired under this Act shall be entitled to receive compensation from the Slate Government.
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(2) Compensation will be paid to the land owner which may be monetary or in the form of conc€ssional building rights in lieu of value of land foregone, partially or wholly transterable or a combination of both.
(3) The process of determination, appointment and procedure of payment ofcompensation as required undersuFsection (1) shall . be as prescribed.
16. Tribunal : (1) The Sate Govemment may, by notificatron, constitJte for the purposes under this chapler, one or more tribunals to hear appeals from any person who does not agree to the amount of the compensation offered and claims a sum in excess of that amount and the decision of the tribunal in this regard shall be final.
(2) The State Government may, by notilication, provide for the compensation and consultation of the tribunal, the term, salary, vacancl and other particulars of such Tribunal and all other matters that the Government deems flt and necessary for operation and fulfillmentof the role of the Tribunal.
(3) For the purpose of enabling it to discharge its functions under this Act, the Tribunal shall have such sbff on such tems and conditions of service as may be prescribed by rules.
Explanation : Compubory acquisitions ot land i (1) When any land, whether within or outsde the limits of the Municipal atea, or any easanent affecting any immoveable propefty vested in the Munbipal, is requitd lor any public putpose under this Act, the flate Govemment may, at the t€ques/.
from the Municipality, proceed to acquire such land or easement under the Land of Acquisition Act, 1894.
(2) The Municipalityshall be bound to pay to the Sate Govemment the cost including all charges in conneclion with the acquisition of the land under the Land Ac4uisition Act, '1894.
(3) The Municipality miii resort to other methods of land assembly including the use oftransferable development rights.
17. Special provisions for acquisition ol land adjoining st/eets .' Whenever t|e Municipality makes a request to the Sate Government for acquisition of land for the purpose of widening or improving an existing street, it shall be lawful for Municipality to apply to the State Govemment for the acquisition of such additional land immediatety adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.
228 Chapter -Vl PREVENTION OF ENCROACHMENTS AND CONSTRUCTION OF ILLEGAL STRUCTURES OTHER OFFENCES AND PENALTIES
18. Responsibility to prevent encroachments : (1) Notwithstanding anything contained in arry law in torce, any person who encroaches upon any Government land or constructs an illegal structure or abets the encroachment or construction of allegal structure thereon shall be punished with impnsonment of not less than three years orwith a minimum fine of one lakh rupee or with both.
(2) lt shall be the duty of the Government to ensure that there is no encroachment or construction of an illegal structure on Government land, and shall for this purpose by order authorize the Officers by designatlon for each urban area, who shall report in writing such encroachmentor violation to the Competent Authority to evict such encroachers or to demolish such illegal structure or to tiake such action as necessary.
Provided that if such encroachment is not remdved within a period of 6.months of the report from the Authorized Officer, every slum dweller shall be entitled to rights over such land in the same measure as provided under section 3 of this Act.
Explanatiotr:- For the purpose of this section, competent Authority means the Authoritywfiich exercised power of eviction and demolition over land on which such encroachment or construction of illegal structure has been reported. '
(3) lf anyAuthorized Officer fails to inforrn the Competent Authority about the encroachment or illegal construction as the case may be or if the competent Authority knowingly omils to take action against suih encroachmenl or illegal construction therein, or a police officer responsible to provide assistance for removal of such encroachment or demolition of such illegal structure does notprovide adequate protection and support, he shall be punished wih a simple imprisonment which may extend to three years or with fine which extend to fifty thousand rupees or with both.
(4) TheAuthorized Officer shallinform and file a monthly report otall cases ofencroachment orconstruction of illegal structure along with the corrective measure taken to the City/Urban Area Slum Redevelopment Committee.
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19. Penalty for Cofttravention olthe Act and Rules : Whoever fails to comply with or contravenes any of the other provisions of the Act or the ruies, thereunder except as provided under sectioo 17, shall in respect of each such failure or contravention be punishable with;rine, u*rich may extend to twenty thousand rupees, and in case the failure or oontravention continUesr with additional fine which may extend to one thousand rupees for every day during which such failure or contravention continues after the conviction of the first such failure or contravention.
20 Offence to be cognizable : Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence underthisAct; shall be cogit izable Ctapter-Vll MTSCELLANEOT.IS
21. Informatior\.reports or returns : The State Authority or the City/ Urban Area Slum Redevelopment Committee, may, in relation to itsfunctions under thisAct, from time to time, require any person, officer, orother authority to furnish to it, reports, retums, stiatisltcs. accounts and other information as may be deemed necessary and such person, officet or other authority, as the cas'e may b6, shall be bound to do so.
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22, Prctection ol action taken in good faith : No suit, prosecution or other legal proceedings shall lie against the Govefiinent oi arry Officer or other employee ot the Govemment or a riy Autho rity or Com mittee constituted under this Act or executing any scheme made underlhisAct or any member, officer or other employee of such authorities or committees in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules or schemes made, or the orders or directions issued, thereunder.
23. Power to remove difficulties : (1) lf any drfficulty arises rn giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette, make such provisions, not inconsistenl with the provisions of thisAct as may,ppearto it to be necessary orexpedient Ior the removal of the difficrrlty.
Provided that no such order shall be made after the expiration of 5 (five)years from the commenbement of thisAct 230
(2) Every order made under this section shall as soon as may be after it is made, be laid before the State Legislative Assembly.
24. Clvlccourts not to have jurisdlctlon : No Civic Court shall have jurisdiction b entertain any suil or proceeding in respect of any matterwhich the CMUrban Area Slum Redevelopment Committee or the Ste Slum R€development Authority is emponered by or under this Act to determine and no injuncton shall be granted by any court orother authority in respect ofany action taken orto be taken in pursuance ofany power confened by or under this Act.
. 25. Judsdiction of court : (1) No court infierior to that of a Judicial Magistrate of First Class shall try any offence punishable under this Act.
(2) No court shalltake cognizance of an offence punishable under this Act or any rules or regulations made thereunder, except upon a complaint in writing made by the City/ Urban Area Slum Redevelopment Committee or by any OffEer of the Cityl Urban Area Slum Redevelopment Committee duly authorized by it for this purpose.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 ot''1974'), it shall be lawfulforthe Judicial Magistrate of First Class to pass a sentence o.f imprisonment or of fine or both under thisAct.
26. Fower of Stato Governmont to make ruleE : (1) The State Governm€nt may, by notification, in the OfiicialGazefte, make rules to carry out all or any of the purposes of this Ac1.
(2) W$out prejudice tothe generality of the bregoing provisions, such rules may provide for allor any of the following matters, namely :-
(a) The process of identification of eligible slum dwellers, grant of legal entitlement and dispute resolution under section 6 ;
(b) The compositjon, porters, and funclbns of the City/Urban Area Slum Redevelopment Committee under section 8, the porvers and function thereot, the number of members and theirterms and conditions of appointrnent and other matters connecled therewith ;
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(c) Appoinlment of Special Committee and officers and employees of the Cify/ Urban Area Slum Redevelopment Committee, therr salary and allowances eb. under seclion s(5);
(d) Terms and conditions for engagement of experts for technical and legal work to assist the City/Urban Area Slum Redevelopment Commitee and the remuneration payable to such experts under sedion.g (6) i
(e) Preparation and implementafion of schemes br slum RedevelopmenUup-gradation/resettlement through designated agencies under section 10 ;
(0 Procedure and frame$/ork for fixing responsibility for the maintenance and sustainatilityfor schemes undertaken ;
(g) The composition, pffvers and tunc{bns of the ShE Slum RedevelopmentAuthority under section 11, the powers and functions thereof , the numberot members and their terms and conditions of appointment and other matters connecled therewith ;
(h) The procedure and conduct of business by the State Authority and its budget under section 11 (4) ;
(i) Appointment of officers and employees of the State Authority, their salary and allo\ ances etc. under section 11 (s);
O Proc€ss of determination, appointment and procedure of payment of compensation in case of acquisition of land under section 15 ;
(k) The composition, powers, functions and procedures of the Tribunal constituted under section 16 ; and
(l) Any other matter which is required to be, or may be prescriM, or in respect of which provision is to be, or may be, made by rules.
?32
(3) Every rule made by the State covernment underlhis Act shall be laid, as soon as may be after it rs made, before the State LegislativeAssembly. while it is in ses€ton for a total period of 1 0
(ten) days, which may be comprised in one session or in t\ivo or more successive sess,ons and if, before the expiry of the session 'immediately following the session or the successive session aforesaid, the Legislative Asgembly agree in making any modification in thetule oragree that the rule should not be made, therule shall ther€a-fur h-ai'e effect only in such modified form or be of no effecl, gs the case may be, so however, that any such rtrodification oiinnulment shall be without prejudice to the validity of anything previously done underthlsAct.
27. Effect of other laws and agreements inconsistence with the Act : The provisions of thisAct or rules made thereunder shall have ' effect notwithstandng anythino contained. inconsistent therewith contained rn any other Act.