(1) Where the Government are satisfied that-
(a) any area is or may be a source of danger to the health, safety or convenience of the public of that area or of its neighborhood, by reason of the area being low-lying, insanitary, squalid, overcrowded or otherwise; or
(b) the buildings in any area, used or intended to be used for human habitation are-
(i) in any respect, unfit for human habitation; or
(ii) by reason of dilapidation, over-crowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals, they may by notification, declare such area to be a slum area.
(2) In determining whether a building is unfit for human habitation, for the purposes of this Act, regard shall be had to its condition in respect of the following matters, that is to say:-
(i) repair,
(ii) stability,
(iii) freedom from damp,
(iv) natural light and air.
(v) water-supply
(vi) drainage and sanitary conveniences,
(vii) facilities for storage, preparation and cooking of food and for the disposal of water waste;
and the building shall be deemed to be unfit as aforesaid, if and only if it is so defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.
NOTES There must be a notification declaring the particular area as slum area under Section 3 and as per Section 11 there must be declaration that such area comes under the slum clearance area without following the procedures under Section 3 © and 11 (notification and declaration, the Slum Clearance Board has no right to evict. The declaration under Section 11 and notification under Section 3 are mandatory.
1984 (1) M.L.J. page 352 The State is stopped form pleading the application of any other act with respect to the tenements taken possession under this Act.
1984 (1) M.L.J. 352 5
CHAPTER III PREVENTION OF GROWTH OF SLUMS.
4. Registration of buildings- (1) (a) Within the period specified in clause (b) the owner or occupier of every building situated in any slum area shall send to the prescribed authority a statement in such form as may be prescribed.
(b) The statement under clause (a) shall be sent within such period as may be prescribed.
(2) On receipt of the statement under sub-section (1) the prescribed authority shall, on being satisfied about the correctness of the statement, register the building in a register maintained for the purpose and containing such particulars as may be prescribed and shall issue, in the prescribed form a registration certificate to the owner or occupier of the building.
NOTES The building situated in Slum Area has to be Registered under Section 4 (1). This can be done either by the owner or the Occupier. See Rule No.3 and the form Appendix A Registration Certificate is Appendix B.