(2) It shall :Rave the like extent as the Prin· cipal Act.
(3) It shall come into force at once.
-"-mend.ment 2. For Section 30 of the Principal Act the folof Section 30 . . ' of Assam Actlowmg shall be substituted, namely :- XXIII of
1947.
"Prohibitidn Commission· er.
.......
30. For the purposes of this Chapter, the State Government may, by notification in the Official Gazette, appoint a person to be the Prohibition Commissioner on such salary as may be determined by the Government.", Amendment 3. For sub-section (1) of Section 32 of the Prin-;'
~f. ~~~:~nAac~cipal Act, the following shall be substituted, XXIII of namely :-
1947.
"Prohibition Committee.
32. (1) The Commissioner may, by notifi cation in the Official Gazette, constitute for any district or any part thereof a 'Prohibi tion Committee' consisting of not more than five persons. He may also, by like notifica tion, dissolve or reconstitute any such Committee."
ASSAM A!JT No. XII OF 1961 THE ASSAM SL UM AREAS ( IMPROVEMENT AN 0 1CLEARANCE) AOT, 19ii9 .
Received the assent of tbe President on the 22nd April 1961 [Pubiished in the Asram Gazette, Extr,iordinary, dated the 5th .May 1961] CONTENTS
CHAPTER !.-Preliminary Sectio11 l Shmt)itle, extent and commencement.
2 Definitions.
<JHAPTER II.-Constitntion o'f the Council 3 Constitution of the Slum Areas (Improvement and Council.
4 Resignation of non-official members.
5 Term of office.
6 Commencement of the term of office of non-official members;
7 Removal of non-official members. · 8 . Filling of casual vacancies.
9 ConstiLUtion of Lhe Authority.
..
83 Section
CHAPTER III.- Slum areas 10 Declaration of slum areas.
CHAPTER IV.-Slum improvement 11 Power of Authority to require improvement of buildings and/or land unfit for human habitation.
12 Enforcement of notice requiring execution of works of improvement.
la Expenses of maintenance of works of improvement, etc., to be reco verable from occupiers of buildings.
14 Power of authority to order demolition of building unfit for human habitation.
15 Procedure to be followed where demoli tion order has been made.
CHAPTER V.-Slum clearance and re-development 16 Power to d eclare any slum area to be a clearance area.
J 7 Slum clearance order.
18 Power of Authority to redevelop clearance area or a ny part thereof.
CHAPTER VI. -Acquisition of land for slum clearance schemes 19 Power of State Government to acquire land.
20 Land acquired by the State Government to be made available to the Authority.
21 Right to receive compensation.
22 Basis for determination of compensation.
23 Apportionment of compensation ..
24 Payment of compensation or deposic of the same in Court.
25 Powers of Authority in relation to determinition of compensation, etc.
CHAPTER . VIL-Appeals and Appellate Authority 26 Appointment of Appellate Authority.
27 Duti~s of the Appellate Authority.
28 Procedure of working of the Appellate Authority.
29 Right to appear by recognised Agent.
30 Protection of action taken under this Act.
31 32 S3
CHAPTER VIII.-Finance Development Fund.
Powers. to borrow.
Grants, Advances and Loans.
CHAPTER IX.-Legal proceedings • 34 Penalty for breach of the provisions of the scheme.
35 Powe r to execute works on failure to comply with notice.
36 Righ t of occupier to execute works in default of owner.
37 Recovery of cost of work by the occupier.
38 Procedure upon oppo3ition to execution hy occupier.
39 Penalty for obstructing con tractor or removing mark.
84 Section.
40 Officers under the Act to be public servants.
41 Authority for pwsecution.
42 Power of Authority to institute proceedings, etc., and to take legal advice.
43 Bar to suits and prosecutions in certain cases.
44 Punishment for malicious abuse of powers.
45 Registration of documents, plans, or maps m connection with a scheme.
46 Order under the Act not to be questioned in any Court.
47 Effect of orders inconsistent with other enactments.
CHAPTER X Miscellaneous provisions 48 Service of notice.
49 Method of giving public notice.
50 Formal defects in assessments and demands.
51 Power and duties of police in respect of offences and assistance to authorities.
RTE ASSAM SLUMJ(AREAS tIMPROVEMENT AND CLEARAl\CE) ACT 1959 An Act to provide for lthe :improvement and clearance of slum areas in towns and country sides of the State '>f Assam Preamble, Whereas it is expe ... ient tu improve and/or clear the slum areas in the State of Assam on sound planning principles with the object of securing proper sanitary conuit1ous, to comerve and promote.
the publ:c health, ~afet} and geno 21 welfare of the people;
Short title, extent and con.mence ment.
It is hereby enacted in the Tenth Year "f the Republic of India as follows:-
CHAPTER I Preliminary
1. ( l) Thi:. Act may be called the Assam Slum Area (Improvement and Clearance) Act, 1.959.
( 2 ) It sha'l extend to tne whole of Assam:
Provided that if any Jistrict Council des ir:s that all or any of the p.0vhio 11s of this Act should ~ ppl .
to 1he Autonomous District concerned, a notification may be issued to that effect and _this A.ct shall Definitions1 85 then extend to that Autonomous District subject to such exceptions or modifications a3 may be specified in the ontification.
( 3 ) It shall come into force on such date as the State Government m iy, by notification in the Official Gazette, appoint.
2. In th:s A:t, u'.llr.ss there i j anythin~ 1epugnant in the subject or context:- - ( 1 ) "Authority" shall mean the Local or Regional Authority appointed by the State G:wernment the purpose of administering the Act Unless otherwise appoi nted by the State Gwernment, the Authority in the case of Municipal areas shall be taken to meau the Municipal Bt>ard and Town C )mmittee Assam Aet for the area constituLed unaer he A5sam Municip.:tl XV of 19 57 .
Act, 1956.
( 2 ) "Co1mcil" means the Assam Slum Areas (Improvement and Clearance ) Advi0 ory Council C·Jqs•ituted under Section 3 of this Act.
(3) "Building" means any construction for whatso ever purpose and of whatsoever materials cor.structed and every part thereof, whether used as · human habitation or not and includes plinth wall, chimney, drainage work, fixed platform. verandah, balcony, cornice or projection, or part of a building or anythi ng affixed thereto or any wall, earth 'bank, fence or other const::uction enclosing or delimiting or intended to enclose or delimit any land or space.
(4) "Director" means Director of Town and Coun try Planning or any other officer ::ippointed by the State Government.
(5) "Work of im i:: rovement" includes in relation to any building in a slum area the execution of any ·om:
or more of the following w:>rks, namely:-
(i) necessary repair ;
(ii) structural alteration ;
(iii) provision of light point and water tap ;
(iv) construction of drain, ooen or covered :
(v) provision of latrine ; ·
(lli) provision of additional or improved fixture or fitting ;
(vii) opening up or paving of Courtyard ;
(viii) removal of rubbi~h ; an<l . / 86
(ix) any other work including the demolition of any building or any part thereof which in the opinion of the authority is neces sary for executing any of the works speci fied ah0ve.
(6) "Occupier" includes an owner in occupation of or otherwise using h!s own land or building.
(7) "Owner" includes any person who is receiving or is entitled to receive the rent, compensation or pre mium of any building or land whether on his own account or on behalf of hiIPself and others or as agent or -trustee, or who would so rf'.ceive the rent or be entitled to receive it if the building or land were let to a tenant.
(B) "Open space" means any land whether enclosed or not, on which not more than one-twentieth part is covered with buildings and the whole of the remain der has been la id out as a public garden or used for purposes of recreatbn or lies waste and unoccupied.
(9) "Prescribed" means prescribed by rules made under this Act
(10) "Keci nstituted pl ;t" m ·ans a plot which is in any way a1te1 eel by )he making of a Scheme.
(11) "Road" means and includes any highway, street, lane, pathway, :illcy, passageway, carriage way, footway, square, bridge whether private or public, whether thoroughfare or not, whether existing or proposed in any scheme and includes all bunds, channels_, ditches, drains, culverts , side walks and traffic islands.
(12) "Slum clearance" means the clearance of any slum area by the demolition and removal of buildings therefrom .
CHAPTER II Constitution of the Council Corutitu- 3. (1) The State Government may constitute, by tion of t"e a noti&cation in the Official Gazette, the Counci l con Slum Areas sisting of the following members to advise Government (Improve-cl on matters referred to it by the Government: -ment an Clearance) C mncil , ( i) Minister-in-charge of Town and Country Planning.
Director of the Town and Country Plan ning Department.
(ii)
(iii) Secretary, T<"'wn am!
Country Planning Department.
Chairman.
Secretary.
Member.
;
S7
(iv) Chief Engineer, Public Works Departmen t (R. & B ) or his no minee.
( v) Director of Housing (z•i) Public Health Engi neer or his nominee.
(vii) Secretary, Local Seif Government or his nominee.
Member.
Do Do Do (viii ) Secretary, Finance Do Department or bis nom inee.
(ix) Secretary, Revenue Do Department or his nominee.
(~) Six members half of Do whom shall be elected by the State Legislative Assembly and half 1 ominated by the State Gowrnment.
\ (i i) Such numb er of r< pro:sentative of local Author1ties falling wichin the area not exceediug to as may be co-opted by the Council , by notification, publi3hed in the Official Gazette.
(2) Five o f the membe . s a•tending ariy meeting of the Coanci! shall for,n the quorum for th e pur pose of transacting the busir.e ,s uf that meet ing of the Council .
(3) All members of the Council including the co opted m em bers- shall have one vote each and th .!
Chairman 5hall liave a casting vo,e in case of equa· lity of d:v ision, in add ition to his own vote.
r (4) ;,Nothing done by the Council in its meeting shall ~be h eld to be invalid because of any vacancy in ;the seats~of the nominated er eiected members or the absen ce of any of the members.
i'J(5) The Chairman shall preside over the meetings of the Council and in his absence the member3 present shall elect one among themselves to be the Chairman for that particular meeting.
R · tlo - 4-. Any non-official member may at any time resign es1gna n h' • ffi 'd ~ h h' . . h II of non· :s _ o ce, prov1 e.,. t at is re~1gnat 1on s a not offi c i a I take effect until accepted by the State Govel'nment.
members, T of 5 . The term of office of any non-official member ~mcc. ' ·all · o.rdinarily be_ three years ~ 1
Provided that in case of member3 representing the Legislature or the Local Authorities, t ieir terms of office shall terminate as soon as they cease to be memb~ rs of such Legislature or "Local A·~thority concerned.
Comm en- 6. (1) T he term of office of non-official members c~ment of shall commence on such date as may be notified in ~feo~~;~cthe Officiai Gazette in this behalf by the State non-official Government members.
(2) A person ceasing to be member> by reason of the ex;:.. iry of his term of 0ffice as described it:
Section 5 shall be eligible for re-nomination or reelection. .
Removal of 7. The St<:.te Government may r~move from the non-official Council any member who - member~.
(a) refuses to act, or beco,nes incapable of acting or ahsents hirn<elf from three conse~cutive meetingc he Council and is nnable to expl . •· 1 ab~ ence to the sat sfaction oi' 1he or
(b) has so flagrantly abuseJ in any manner his positkn as a member of the Council as to render his c ni'nurnce detrimenta l to the public iaterest :
Provided that when the St.at~ G; 1ernn. enl proposes to take act ion under the for~~oing provisions of the · ecti.cn, an opportunity of e·{planati-Jn sha I be; gi\ en to the member conce;ncd a i1d when sue h action is taken the reasons thereof shall be plac~d en record .
Filling of 8. (1) When the place ofa m~nb ~r becomes vacant camal va- for any reamn, such va :.rncr sh:ill ln filed up in the cancies. manner it was ordinarily fi lled.
(2) The term of office of l member nominated or eL:cted or co•.lpted unrler s·1b->ect1on ( l), shall be the remainder of the term of office of the member in whose place he has been nominated or elected or co-opted.
. . 9. (1) T h:! State G wernment may constitute by ~~n~~!u,.t'~~ notification in -the Official Gazette an >\uthority for thority. the_purp'lse of carrying out the purpo~es of this Act.
'I
(2) The State Government may frame rnles in order to en 1ble the Authority to carry out the functions and · · ~ dutie11 .
89
CHAPTER lII Slu:rn Areas Declaration 10. (l) Wnere th e State Government upon report of Slum from the Authority or other intormation in its posses Areas. sion, is satisfied in respect of an y area that the buildings in that area·- -
(a) are in any re~pect unfit for human habi tation ; or
(b) are by reason of dilapidation, over-er owd ing, faulty ar rangement and design of such buildin'!s. narrowness or faulty arrangement of streets. Jack of ventilation, light or sanitatio ·1 facilities. or any combination of some or all of these factors, are detrimental to safety, health or morals of the people of the a rea ;
it may, by notifi cation ira the Official Gazette, d eclare mch area to be a slum ate:i.
(2) In determining whether a buildin~ is unfit for human habitation for the purpose of this Act, regard shall be had to its condition in respe: t of the follow ing matters, that is to say -
(a) rep:iir,
(b) stability,
(c) freedom f1om damp,
(d) natural light and air
(e) water sun r1ly,
(f) drainag sanitary conveniences ,
(g) faciJiti' · 1torage, p ' eparatioo and cooking o and for the disposal of waste waterf -/" and the building shall be deemed to be unfit as afore said if it is so defec.tive that it is not reasonably suitable for occupation in that condition,
CHAPTER lV Slum improvement A Phow~r _of 11. (1) iV hen the Authority is s~tisfied that ~ny ut onty to b ·id· d/ I d . I . .
require im- UI mg an or an m a s um area is in any respect roveme n t unfit for human lia bitation, it may, unless in its f buildings _oi;in;on the building and/or land is not capable at nd/or land a reasonable expense of being rendered so fit, serve :~an h:~r- upon the owner of th: bui '. di rig and /or land a notice talion. requiring him within such time nnt being less than thirty days as may be specified in the notice, to execute the works of ii!iprovement specified therein 90
(2) In addition to serving a notice .under this section on the owner, the Authori~y mav serve a copy of the notice on any other person having an interest in the building and/or land whether as lessee, mort.
gagee or otherwise.
Enforcement 12. (I) If a notice under Section 11 requiring the of !lo~ic e owner of the building anr /or land to execute the requ1r ~ n g works of improvement is not complied with , then, after execut1 on h · · f h · d "fi '"' · h fwo ks oft e expiration o t e peno spec1 ec.1 in t e ?mpr ~ v c- notice, the Authority may itself do the works required 1;0ent. to be done by the notice.
(2) All expt~nses incur red by the Authority under sub-section (l), may be recovered by the Authority from the owner of the bui !ding and /or land as arrear of land revenue.
(3) If the owner of the building and/or land is different 'from the person who owns the land on which the building and/or land stands and the ex penst'S incurred by the Authority under this sec tion are recoverable from both those persons, then, such expenses shall be recovered from them in such proportion as may be determined by the Authority or by an officer empowered by the Authority in this behalf.
Expenses of 13. ~here ~ork~ of improvement. h~ve. been exe maintenance cuted m relat•on to any land or building m a slum of works of area in pursuance of th e provisions of Sections 11 imp tr 0 vte· and 12, the expenses incurred by th ~ Authority, in men ' e c., . . h h . f . k f to be reco- connectio1 Wll t e maintenance o su.:-h wor s o ve r able improvement or the enjoyment of amenitie> a nd from . the_ convenience rendered possible by such work s, shall obc<:1udf!1ers 01 be recovera b '.e from occupier or occupiers of the U1 mgs. I d b "ld' f I d an or m wgs as a rrear o an revenue.
Power of 14. (1) When the Authority is S:ltisfied th -t any Authority to building within a slum '.lrea is unfit for_human h >bita• ~r~er demo-f tion and is not capable at a reasonable expense5 of ht•on o b • d d fi . h 11 h building un- exng ren ere so t, it s a serve upon t e owner fit for of the building, and upon an'; o!her person having human habi- an interest in the building, whether as lessee, mort tation. gagee or otherwise, a notice to show cause, within such time as may be specified in the notice, as to why an order of demolition of the huilding should not be m 1de.
t2) If any of th~ persons up:m whom a notice has been served under sub-section (1 ) appears, in pur·· suancc thereof, before the Authodty and gives an undertaking to the A uthority tbat such person shail, within a period specified by the Authority execute such works of imp:·ovement in relation to the building as will, in the opinion · of !he Authority, rende1 the 91 building fit for human habitation, and that it shall not be used for human habitation until the Authority on being satisfied t hat it has been rendered fit for thal purpose, the Authority shall withdraw the order of demolition oJ the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the speci.fie j period or the building is at any time used in contraven rion of the terms of the undertaking, the Authority mav forthwith make an order of demolition of the building requiring that the building shall be vacated within a period, to be specified in the order, not being less than thirty days from date of receipt of the order, and that it shall be demolished within six weeks after the expira tion of the period.
Procedure 15. (I) Where an order for demoliti0n of a to he fo llow- building under the preceding section has been made, ed where h f h b • td · h d mol'tion t e owner o t e u1 mg or any ot er person o~der 1 has having an interest therein shall demolish that building been made. within the Lime specified in that behalf by the o : der and if the building is not demolished within that time, the Authority shall enter and d t"molish the J..., :Jding and sell the materials th~reof.
J) Any expenses incurred by the authority under -section (I J, if not satisfied out of the proceeds of le of materials of the building, shall be recoverable from the owner of the building or any other person having an interest therein as arrear of land revenue ;
Provided that this sub.section shall not apply in a case when the owner himself is the occupier.
CHAPTER V Slum clearance and re-development Power to 16. (1) When the State Government upon a report declare any from the Authority or other inform; tion in its slum b area eossession, is satisfied in respect of any slum area ~leara:ce a that the most satisfactory method of dealing with area. conditions in the area is the demolition of all the buildings in the area, it shall by an order notified in the Official Gazette, declare the area to be a clea rrancc: area, tha t is t '.> say, an area to be cleared of all buildings in accordance with the provision of this Act:
Provided th~t any building iri t}ie area which is not unfit for human habitation or dangerous or inju rious to health may be excluded from the declaration if th_e Authority so recommends.
Slum clea rance order 92
(2) The State Government shall forthwith transmit to the Authority ' a copy of the declaration under this section.
(3) After an area has been declared to be a clea rance area, the State Government shall ask the Authority to prepare a developmerit scheme for that area and to submit the same to the State Government for its approval within a period of six months from such declaration. The State Government m ·Y refuse to approve or approve' with such modification as it may deem necessary, for the implementation of the object of this chapter.
(4) The State Government on approval of the development scheme shall publish it in the Official Gazette and it shall become l')perative from the date of such publication.
17. {l) As soon as may be, after the State Government has decl red any slum area to be a clearance a1ea, the Aut.hority shall make a slum clearance order in relation to that area ordering the demolition. of each of the building specified therein and requiring, each such building to be vacated within such time as may be specified in the order.
' (2) When a slum clearance order ha s become operative, the owners of buildings to which the order applies shall demoli~h the building1 b~fore the expiration of six . weeks from the date on which the buildings are required by the order to be vacated or before the expiry of such longer pe1iods in the circumstances of the case the Authority may deem reasonabie.
(3) If the buildings are not demolished before the expiry of the period mentioned in sub-section
(2) the Authority may enter and demolish the buildings and sell the ID'.lterials the-reof after expiry of the period of the order.
( 4) Any expem;es incurred by the Authority in demolishing any building shall, if not eatis!Jed out of the proc{eds of sale of materials thereof be recoverable by the Authority as arrears of land revenue:
Provided, however, the expenses not covered by the sale proceeds shall not be recoverable when the owner is himself the occupier.
(5) When a slum clearance order has become operative, no land to which the order applies shall be re-developed except in accordance with the scheme approved by the State Government and except in accordance with the conditions contained in the scheme:
93
Provided that an owner who is aggrieved by a restriction of condition so imposed on the use of his land or by a subsequent refusal of the Authority to cancel or modify any such restriction or condition, may appeal to the Appellate Authority whose decision shall be final.
(6) No person shall comrrence or cause to be commenced any work in contravention of the scheme approved or a restriction or condition imposed under sub st'ction (5):
Provided if any work is commenced, the person concerned may be evicted and no fresh notice shall be necessarv for demolition of such wo::- k or eviction of such per~on.
Powe~ of 18 (1) When the land has been cleared of Authority to b 'Id' . d · h I I d redev e I 0 p u1 mgs in accor ance wit a s um c ea ranee or er, clearance the Auchority may at, any time after the expiry of area or any twelve monihs from the date on which the order p~rt there- becomes oi:erative, acquire and re-dPvelop any land 0 • which on the date of the making of the order has not been, or is not in the process of being re-developed by the owner thereof in accordance with the scheme approved by the State Government and . any resfric tions and conditions imposed under sub-section (5) of Section I 7.
(2) The Authority may also decide to acquirr.:
land within, adjoining or surrounding clearance area which in its opinion is necessary for the purpose of improvemrnt and re-development of a clearance area.
CHAPTER VI Acquisition of land for slum clearance schemes • Power of 19. ( 1) Where on any representation from the State · Go- Authority it appeears to the State Government verni;rienlt tod that, in order to enable the Authority to execute acquire an k f . · 1 · b 'Id' any wor o improvement m re at1on to any m mg in a slum area or to re-develop any clearance area it is neeessary that Jand within, adjoining or surrounded by any such area should be acquired, the State Government 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 :
94 Povided that, before publishing such notice, the State Government may call upon the owner of, or any other person who, in the opinion of the State Government may be interested in such land to show cause why it should not be acquired; and after considering 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) When a notice as aforesaid is published in the Official Gazette, the land shall on and from the date on which the notice i' so publishe.:l, vest abse>.
!utely in the State Government free from all encum· brances.
Land ac- 20. Where any land in a slum area or clearance quired by area has been "lCquired under this Act, the State State Gt to- Government shall make the land available to the vernmen o . · · f be made Authority for the purpose of execuunz any work o.
available to improvement or carrying out any order of demolition t~e Autho- or for the purpose of re-development.
rity.
Right to 21. Every person having any interest in any land receiv~ c•m- acquired under this Act shall be entitled to receive pensation. from the State Government compensation as provided hereafter in this Act.
. d 22. (1) The amount payable as compensation in ~car:i~:tio:· respect of any land acqu~red ~mder this Act shall of compcn- be an amount equ'll to sixty times the net average •ation. monthly income actually derived from such land during the period of five consecutive years immediate ly preceding the date of publication of the notice rt>ferred to in Section 16.
(2) The net average monthly _income referred to in sub-section (1) shall be calculated on the following basis:-
(i) The Authority shall first determine the gross rent actually derived by the owner of the land acquired including any building on such land during the period of five conse cutive years referred to in sub-sect ion (1).
(ii) For such determination the Authority may hold any local inquiry and obtain, if neces· sary, certified copies of extracts froni the property tax assessment books of · the muni cipal or other local authority concerned showing the rental value of such land.
(iii)' The net average monthly income referred o in sub-section (1) shall be sixty per cent 95 of the average monthly gross rent which shall be one-sixtieth of the gross rent during the five consecutive years as determined by the Authority under paragraph (i).
(iv) Forty per cent of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income but shall be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the municipal or other local authority, for collection charges, in come-tax or bad debts as well as for works of repair and maintenance of the buildings, if any, on _ the land. ·
(v) Where the land or any portion thereof has been unnccupied or the owner has not been in receipt of any rent for the occupation of the land during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been leased out for rent during the said pericd, and· for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account.
(3) The Authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (2) the net average monthly income actua:ly derived from the land and publi~h a notice in the official Gazette specifying the amount s ) determined and calling upon the owner of the lanrl and every person interested therein to intimate to it before a date specified in the notice whether such owner or person agrees to the amount 10 determined and if he does not so agree, what amount he claims to the net average monthly income actually derived from the land.
(4) Any person who does not agree to the amount of the net average monthly income determined by the authority under sub-section ( 3) anrl claims a sum in excess of that amount may prefer an appeal to the Appellate Authority within thirty days from the date specified in the notice referred to in that sub se tion.
(5) On appeal, the . Appellate Authority shall, after hearing the appellant, determined the net average monthly income and his determination shall be final and shall not be questioned in any court 9flaw, 96
(6) Where there is any buildi.ng on the land in respect of which the n et average monthly income has been determined no separate compensation shall be paid in respect of such building:
Provided that where the owner of th~ land and the owner of the building on such land are different, the Authority shall apportion the amount of compensation between the owner of the land and the owner of the building in such proportion as it considers reaso nable:
Pr0vided further that the compensation in respect of the building shall not in any case exceed fifty per cent of the total amount of compensation which has been determined in accordance with the provisions of this Section.
Apportion- 23. (1) Where severil persons claim to be interested meat of in the amo:.1nt of compensation determined un::le r c~mpensa- Section 22, the Authority shall determine the persons tion. who in its opinion are entitled to receive compensation and the amount p1yable to each of them.
(2) If any dispute arises as to the apportionment of compensation or any part the1·, of, or as 'to the persons to whom t i: e same or any part thereof is payable, the Authority may refer the dispute to the decision of the Appellate Authority and the Appellate Authority in deciding any such dispute shall follow, as br 'as may be, th ~ provisions of Part III of the Land Acquisition Act, 1894.
Payment of 24.(1) After the amoui:t of compen~ation has be~n compeI)sa- determined, the Authority shall on behalf of tne tion. or St~te Government, tender payment of, and pay the deposit <?f compe . sation to the person entitled thereto.
the sa ; em Cour.
(2 ) If the persons entitled to compensation do not consent to 1eceive it, or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the Authority shall deposit the amount of the compensation in the court of the District Judge and that the court shaH deal with the amount so deposited in the manner laid 1 ct own in Sections 32 and 33 , of the Land Acquisi tion Act, 1894.
Powers_ of. 25. (1 \ The Authority mav, for the purposes of Authority md . . l 1• · · - . relation to etermrnmg tie amo~nt o compensatwn or apport1ondetermina-ment thereof, reqmre, by order, any person to tion o~ com-fu1 nish such information in hh possession as may pensation, be specified -in the order, etc.
l of 1894.
of 1894 97
(2) The Authority shall, wl1ilt: holding inquiry • ·' under section 22 have all the powe!·s of civil court · · · while trying a suit under the Code of Civil Procedure, 1908, in respect of the· following matters, v of 1908 · · , namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
( b) requiring the discovery and p1 oducti::m of any document;
(c) reception of c::vidence on affidavits;
(d) 'requisitioning any public record from any court or office;
\
(e) issuing commissions for examination of witness.
CHAPTER VII Appeals and the Appellate Authority Appointment 26. (1) Save as otherwise provided, the State / t~P:~llateGovernment shall appoint an Appellate Authority .
u 0 1 Y· to hear all appeals arising out of the provisions of this Act. The decision of Appellate Authority sha 11 be final.
(2) The person or persons appointed by the State Government as Appellate Authprity shall have the qqalification of a District and Sessions Judge. The appointmer.t shall be on such term3 and conditions as the State G:>Vernment may decide.
Duties ofthc 27. (l) The duties and powers of the Appell.:itc Appellate A h . 1 11 b r II Aathority. ut onty s 1a e as 10 ows :- •
(a) to hear and decide appeal& against the orders of the Authority;
(b) to d<'.:cide and hear appeals in respect ot such other matters and exercise such other powers as may be entrusted to and conferred upon it by the State Government i11 accordance with the provision of this Act.
(2) All appeals to the Appellate Authority shal1 · be filed wichin a month from the date of the order appealed against. The time required for taking out copies of the order shall be excluded. The Appellate Authority may however in its discretion condone any delay in filing appeal for sufficient reasons .
, .... . + 98 Proce~ure of 28. (I) The Appellate Authority shall cond uct working of •t d ' · h 'b d f · · the Appel· 1 s procee ings m t e prescn e m anner <.. ter g1vmg late Autho.the opposite party or any one interested in the rity. order appealed against an opportunity of being heard.
t2) The Appellate Authority may, at any time, call for any extract from any proceedings before the State Government or Authority and call for any return or statement or report concerning or connected with any matter pend ing before it.
(3) The Appellate Authority shall have a ll the powers of a Civil Court for the purposes of taking evidence on oath and of enforcing the attendance of witnesses including the pa1·ties interested or any of them and compelling the production of documents and material objection if considered necessary.
('4-) The Appellate Authority in its discretion may make any orders regarding the cos ts to be paid by any of the parties to t he prnceedings and the Appellate Authority shall ·have full powers to d eter mine by whom or out of what property and to what extent such costs are to be paid and the Authority shall be bound to execute the orders of the Appellate Authority in accordance with the directions, if any con tained in the order.
Right to ap. .
pear by re. 29. Every party to any proceedmg before the cogniscd Appellate Authority shall be entitled 10 appear Agent. either in person or by his recognised agent.
Protection of . .
action taken 30. (1) No smt, prosecution or other legal prounder this ceedings shall lie against any person for any Act. thing which is in good faith d -:-ne or intended to be done in pu rsuance of this Act or any order made thereunder.
(2) Save _ as otherwise expres~ly provided in this Act no suit or other legal proceeding shall lie against the State Governme nt for any da mage caused or likely to be caused by anyth'ing in good fai th d one or intended to be done in pursuance of this Act or any order made thereunder.
CHAPTER VIII l•.inance °f:~~~men t 31. The receipt of Authority under this Act.
shall form a separate development fund and all expenditure under this Act, · ·-: any develop ment scheme thereunder, sha .: be defrayed 99 out of such fund. No portion of the fund shall, except with the sanction of Government, be expended for purposes not provided by this Powers to bonow.
Grant, ad vances and loans.
Act.
32. Authority as defined in this Act shall be IX of 1914.
deemed to be a local authority as defined in the Local Authorities Loans Act, 1914 for the purpose of borrowing money under that Act, and the making and execution of a plan and scheme shall be deemed to be work which such local authority is legally authorised to carry out.
33. The Government may make such grants, advances, and loans to the Authority as the Government may deem necessary for the per formance of functions of the Authority under this Act issued all grants.
CHAPTER IX Legal proceedings b~~:;~t~/~be 34. (1) When an area has been declared to be provisions of a slum area or a slum clearance area under the scheme. this Act, any person who commits or knowingly permits a breach of any specified provision of the re-development or improvement scheme or who neglects or fails to comply with any such provisions shall be punishable under this Section.
(2) In case of any such breach or default the Autho rity shall send to any such person a notice calling on him to discontinue the breach or cause it to be discon tinued or to comply with such provision of the re-deve lopment or improvement scheme within a reasonable time to be spec~fied in the notice.
· (3) If after such time any such person under sub section (1) continues to neglect or breach, such person shall on conviction, be punishable by any or all of the following:- {i) with fine which may extend to Rs.500 with or without simple imprisonment not exceed ..
ing a period of two months ;
(ii ) if the breach, neglect or failure continues after such conviction, with fine which may extend to Rs.30 for every day during which the breach, neglect or failure continues after such conviction.
100 Power to 35. If a notice has been given under this Act to a execkute person requiring him to execute a work in respect of wor s on bl · bl ·d failure to any property, mova e or 1mmova e or to prov1 e or oniply with do or refrain from doing anything within a time specinotice. fied in the notice and if such person fails to comply . , . with such notice, then the Authority may cause such work to be executed or such thing to be provided or done and may recover all expenses incurred by it on such account from the said persons as an arrear of land revenue.
Right of 36. Wnen default is made by the owner of a building occupier to or land in the execution of any work required under execute . this Act to be executed by him, the occupier of such ;~:~It 10 f building or land may, with the prior approval of the 0 Authority aft.er serving notice to the owner cause such owner.
works to be executed.
Recovery of 3 7. When the occupier of a building or land in com• ~os\ot work pliance with a notice issued under this Act, executed oie~. e occu- a work for which the owner of such building or land is responsible, either in pursuance of the contract of tenancy or by law, he shall, in the absence of any contract to the t:ontrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.
Procedure . 38. (I) If, after receiving notice in writing or the 11;ron opposi- intention of the owner of any building or land to take t10n to eY.e• · · h f · 1. · h cut' on b~· any actLOn m ·respect t ereo m co mp lane-: wit a occ~pier. · notice issued oncier this Act, the occupier refuses to allow such owner to take action, the owner, may apply to a Magistrate of the First Class for taking necessary action
(2) The M agistra ti! upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as ·may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.
(3) If after the expiry of eight days from the date of the Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction, to a fine which may extend to Rs.30 for every day during which he has so continued to refuse. · _ .( 4) .Every owner, during the continuance of such refusal, shall be discharged from any liability on account of such breach or default.
Penalty for obstructing con tractor or removing mark .
101
39. If any person-
(a) obstructs or as~aults any person with whom the Authority has entered into a contract for the performance or execution by such person of his duty or of anything which he is em powered or required to do under this Act ;
or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, shall be punishable with fine which may extend to Rs. 500 or with or without simple imprisonment for a term which may extend to two months
40. Every officer and servant of the Authority and Officers every other officer employed by the State Government uncJcv the for the purposes of this Act, shall lie deemed to be a Act . to be public servant within the meanino- of Section 21 of the XV of 1860 pubhc ser- I d " p C d "' vants. n 1an enal o e.
··Authority 41. Unless otherwise expressly provided, no court f?r prosecu- shall take cognizance of any offtnce punishable under tion h" A h I · · f · r · t is ct, except on t e comp amt o , or upon imormation received from, the Authority or some person autho "iised by the Authority by orders in this behalf.
Powe:- of Authority to institute proceedings, 42. The Authority shall subject to rules framed etc., and to nuder this Act have powers totakc legal advice.
(a) institute. defend or withdraw from legal pro ceeding~ under this Act ;
(b) compound any offence under this Act before the matter is referred to the court ;
(c) admit, compromise, or withdraw any claim made under this Act ; and
(d) obtain such legal advice and assistance as it may, from time to time, think necessary or expedient to obtain for any of the purposes, referred to in the foregoing clauses of this Section for securing the lawful exercise or . discharge of any power or duty vested in or imposed upon the Authority or any officer or servant of the Authority.
102 Bar to suits 43. (I) No suit, prosecution or other proceeding an~ pros;- shall lie against an Authority or any officer or servant cut10ns in h t• • d h · d. · certa in cas~s t ereo or any person actmg un er t eir irect1on or any Government Officer or servant employed for the p ., rposes of this Act, for anything which is in good lai th done in pu1 suance of this Act, or any rules made thereunder.
(2) No suit, prosecution or other proceedings shall lie against any officer or servant of the Authority or any Government O fficer or servant employed for the purposes of this Act for anything done under this Act-
(a) unless th~ previous sanction of the State Government has been obtained ;
(b) and until the expiry of two months after no t ice in writing has been given to the person to be sued, clearly stating the cause of action, and the nature of relief sought, etc.
Puniohment 44. The Authc·rity or any officer or servant of the or malici- Authority or of the Government who wilfully or negli ofus aebusc gen tJy abuses any power conferred on him by or under 0 pow rs. h. A h 11 b · hi · h · · h. h t is ct, s a e pumsha e wit impnsonment w ic Re~· : tration of docu ments, planq or maps in con ncction with a Scheme.
may extend to two months or with ilne which may extend to Rs. 500 or with both: -
Provided that no prosecution shall be in stitu ted under this Section-
(a) unless the previous sanction of the State Government has been obtained;
and
(b) until the expiry of two months notice in writing has been given to the r-1erson concerned clearly stating the cause of action and the nature of relief sought, etc.
45. (1) Nothing in the Indian Registration Act, XV of 1908 1908 shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a scheme which has come into force.
(2) All such documents, plans and maps relating to· the sanctioned scheme shall, for the purposes of Sections 48 and 49 of the Indian Re gistration Act, 1908 be deemed to have been and to be registered in accordance with the provi siens of that Act:
103
Provided that documents, plans and maps relating to the scheme shall be accessible to the public, free of charge in the manner prescribed.
Order under 46. No order made in exercise of any power the Act i:ot to conferred by or under this Act shall be called be questioned. t · · t ·d· d · in any Court.in ques 10n ln any court excep as prov1 e m . this Act.
Effect of 47. Any order made under this Act shall have • or~ers in~on_effect · notwithstanding anything inconsistent si~tent with therewith contained in any enactment other than other tnact• th" A t · t t. h · ff t b · t ment. . is c or any ins rumen av1ng e ec y vir ue of any enactment other than this Act.
Servi c~ of notice.
1 ·~·
CHAPTER X Miscellaneous Provisions
48. Every notice issued under this Act shall be served as prescribed by rules.
g~~t;~~bft 49. Subject to the provisions of this Act, every notice. " public notice required under this Act shall b e deemed to have been given if it is published in some local newspapers (if any) or a paper of gene ral circulation in the area and posted upon a no tice board to be exhibited for public information at the building in which the meetings of the local authority are ordinarily held or by publishing it in Official Gazette.
Formal de· 50. No assessment list or other list, notice or other feet in as· such document specifying, or purpo1 ting to spe ~ify sesdments with reference to <iny charge, or fee, any person's d~rnan.ds. property, thing or circumstances shall be invalid only by reason of a clerical or technical mistake in the name, residence, place of business or occupation of the person or in the description of property, thing or circu mstanc~s and it shall be sufficient if the person, property, thing or circumstances is described sufficient ly for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in recpect of the charge.
·· • ·• . 51. Every police officer, mauzadar or officer of Pd~w1,. er ·rand the Local Authority shall give imme.diate information u1esopo- h. f er • 1 · k lice in res- to the Aut onty o an ouencc commg to 1rn nowpect of off- ledge which has been committed under this Act, or en~es and against any rule, made under this Act and shall aA5515htan~tC: to be bound to assist all members, officers and servants ut or1 1e1. . h h . . h · f h · I r. l of t e Aut onty m t e exercise o t eir awiu Authority.
104 Decision of disputes be tween Authorities.
52. Should a dispute arises between one Authority and any other Authority on any matter in which they are jointly interested, such dispute shall be refer red to the State Governmt:!nt, whose decision shall be final.
Powers to en ter into land or Inspec- any Ir:iprovement or Re~development Scheme, the tion, etc. Authonty or persons appomted by the State Govern ment, their subordinates and contractors, may, after
53. For the purpose of making or execution of ' I giving notice, enter into or upon any land, in order:-
(a) to make any inspection, survey, measure ment, valuation or enquiry ;
( b) to take levels ;
(c) to dig or bore into the sub-soil ;
(d) to set out boundaries and intended lines of work;
(e) to mark levels, boundaries and lines by marks and cutting trenches; or
(f) to do any other thing, whenever it is neces sary to do so, for any of the purposes of this Act or any rule made or scheme sanc tioned hereunder or any scheme which the local authority intends to frame here under :
Provided as follows :
(a) except when it is otherwise specially provided by the rules no such entry shall be made between sunset and sunrise;
(b) except when it is otherwise specially pro vided by the rules, no building which is used as a human dw:!llin~ shall be so enter ed, unless with the consent of the occupier thereof, without giving the said occupier at least 24 hours' previous notice in writing of the intention to make such entry ; and
(c) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, ro the social and religious usages and customs of the occupants of the premises entered.
Mode of 54. A copy of receipt, application, plan, notice, proof of the order, entry in a register, or other document in t1e rhecorAds hof posse3sion of the authority -shall, if duly certified by the t e ut o- , rity. lawful keeper thereof or other person authonsed by the Authority in this behalf be received. as Prima facie evi dence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters.
105 Powec ?fthe 55. The Authority shall be competent to make Authority to any agreement with any person in respect of any ma!~sagrce- matter, which is to be provided for in a scheme and.
me • unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the scheme comes into force.
Powers of 56. (1) The State GovernmentCshall have powers to the State make rules for carrying out the purposes of this Act, Go~r~ment and such rules shall be laid before the Assam Legisto maKC • A bl ruleJ. lat1ve ssem y.
(2) l n particular and without prejudice to the generality of the foregoing powers, the State Govern ment shall have power t o make rules in respect of the following - rnatt~rs :- ( i) The · manner of publication of the notification regarding schemes, their modi fications, variations, revocations, submission and sanction by the State Government.
(•.) Powers that may be delegated to any Autho rity established under this Act or to any officer.
(iii) Procedure to be adopted for securing co operation of various Government Depat t· mcnts, the owners or other persons or bodies interested in schemes.
(iv; All matters pertaining to land acquisition inciuding proced ure and making of awards, compensation and the possession of land by authority in ordinary and emergent cases.
(v) Procedure of filmg, hearing and deciding ob jections and appeals un __ ..:ier the Act and all matters connect- ed therewith.
(vi) The delegation of powers to and the duties that shall be discharged by the Director and the matters on which and the m anner in which he shall be consultee!.
(vii) Matters other than those referred to in f9regoing clauses which are expressly or by 'implication required or. allowed by this Act to be pres cn bed by r ules and other matters in respect of which the Act makes no provision or insufficient provision is in the opinion of the State Govern~ ment, necessary.
i06 Power ~r the. 57. (1) The Authority. may, from time to Authontyto time, at a meeting which shall be expressly conmake bye-l d f h" h d · laws vened for the purpose, an o w ic ue notice · shall have been given, frame bye-laws not being inconsistent with this Act or the rules made thereunder, regarding-
(i) land subdivision and Jayout of public street,
(ii) width for different classes of public streets according to the nature of traffic to be carried thereon,
(iii) street, lanes and setting back of build ings from the regular line o the str.eet,
(iv) zoning regulations prescribing the type or description of building which may or may not be, and the pur pose for _which a building may or may not be created, in any prescribed area or areas,
(v) regulation and display of advertise ments in the interest of amenity, aesthetic sense or public safety,
(vi) regulations in any manner not speci fically provided fo r in this Act, the erection of any enclosure, wall, fence, tent or other structure on any land within the limits of the scheme.
(2) The power to make bye-law under this Act shall be subject to the condition of previous publication.
(3) No such bye-law shall come into force until it has been confirmed by the State Government.
(4) The State Government may withdraw their confirmation of any such bye-law and thereupon the bye-law shall cease to have effect.