(1) The Tamil Nadu Slum Areas ( Improvement and Clearance ) Ordinance, 1971 (Tamil Nadu Ordinance 1 of 1971 ) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance including any orders passed, notifications issued, rules, regulations and appointments made shall in so far as they are not inconsistent with this Act be deemed to have been done or taken under this act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.1 33
2. THE TAMIL NADU SLUM AREAS (IMPROVEMENT AND CLEARANCE) RULES, 1971 (G.O.M.S. No.1614, Labour (Housing),10th December 1971) S.R.O.No.A-1104 of 1971 – In exercise of the powers conferred by section 70 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971) the Governor of Tamil Nadu makes the following rules:- RULES
1. Short title.– These rules may be called the TAMIL NADU SLUM AREAS (IMPORVEMENT AND CLEARANCE RULES,1971.
2. Definitions.- In these rules-
(a) “Act” means the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (The Tamil Nadu Act XI of 1971).
(b) “Form” means a form appended to these rules.
(c) “Prescribed authority” referred to in the Act in Chapters III, IV, VI I, IX of the Act shall be the Chairman, Tamil Nadu Slum Clearance Board appointed under subsection (2) of section 35 of the Act.
(d) “Prescribed authority” referred to in Chapter VI of the Act shall be the Collector of the district or any officer of the district authorized by the Government to perform the functions of the prescribed authority under the said chapter.
3. Form and time for registration of building. – (i) Every statement to be filled under clause (a) of sub-section (1) of section 4 of the Act shall be signed by the owner or occupier of the building in any slum area and shall be in the Form appended to these rules-vide Appendix ‘A’.
(ii) The said statement shall be sent with in a month from the date of notification of the slum area under sub-section (1) of section 3 of the Act.
(iii) The register referred to in sub-section (2) of section 4 of the Act shall contain the particulars as in the Appendix ‘A’ to these rules and registration certificate to be issued thereon shall be in the Form appended to these rules – vide Appendix ‘B’.
(iv) Application for permission to erect building in a slum area under subsection (1) of section 5 of the Act shall be made to the Chairman, Tamil Nadu Slum Clearance Board in the Form appended to these rules-vide Appendix ‘C’.
1. Substituted by G.O. Ms.No.1614, Labour (Housing), dated 10the Dec, 1971 34 66 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT.1971
(v) The notice for execution of works of improvement referred to in sub-section
(1) of section 6 of the Act shall be in the Form appended to these rules – vide Appendix ‘E’.
4. Notice for demolition of building.- (i) The notice for the demolition of building, under subsection (1) of section 9 of the Act shall be issued by the Chairman, Tamil Nadu Slum Clearance Board, in the form appended to theses rules – vide Appendix ‘D’.
(ii) The order of demolition referred to in sub-section (3) of section 9 of the Act shall be carried out within the period of 30 days from the date of expiry of the period specified in the said notice.
5. Time for demolition of building in a Slum Clearance Area-
(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.
6. Determination of compensation – (i) For the purpose of the enquiry referred to in sub-section (2) of the section 20 of the Act, the said authority shall follow the procedure laid down in the Land Acquisition Manual of the Government of Tamil Nadu, as far as possible and applicable.
(i) The period with which an appeal should be made by any person who is aggrieved by the order of determination of compensation by the prescribed authority referred to in section 22 of the Act shall be thirty days from the date of receipt of the said order by that person.
7. Form of application for eviction of tenants and time for appeal-
(i) The application for obtaining previous permission referred to in sub-section (2) of section 29 of the Act shall be made in the Form appended to these vide Appendix ‘F’
(ii) The time with which an appeal shall be preferred to the Government by any person who is aggrieved by an order of the prescribed authority refusing to grant permission under sub-section (4) of section 5 or under sub-section (3) of section 29 of the Act shall be thirty days from the date of receipt of the said order by that person. Any person aggrieved by an order of refusal by the Tamil Nadu Slum Clearance Board under rule 7
(i) above may appeal to the government within thirty days from the date or order of the refusal.
35 THE T.N.SLUM AREAS (IMPROVEMENT & CLEANCE ACT.1971
(iii) Entry tenant who has vacated any building or is evicted thereform in pursuance of subsection (i) of Section 31 of the Act may file a declaration with the Tamil Nadu Slum Clearance Board with in the time within which any tenant should file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after completion of improvement or re-erection of the building as the case may be shall be thirty days from the date of vacation or eviction.
(iv) The provisional rent determined in pursuance of sub- section (2) of section 31 of the Act shall be communicated to the tenant by register post with acknowledgement due.
(v) The tenant shall intimate his acceptance of the said provisional rent to the prescribed authority with 30 days from the date of receipt of the communication to him.
8. Time for appeal under section 59 (1) of the Act. – The time within which an appeal should be made to Government by any person aggrieved by any notice, order or direction issued by the prescribed authority shall be thirty days from the date of the receipt of the said notice, order or direction by that person.
36 APPENDIX “A” FORM OF THE STATEMENT TO BE FILED BY THE OWNER OR OCCUPIER OF THE BUILDING IN ANY SLUM AREA (Under Section 4 (1) of the Act)
1. Name (IN BLOCK LETTERS)
2. Father or Husband’s name
3. Age
4. Number of members of the family- Name Relation- ship of applicant
1.
2.
3.
4.
5.
5. Occupation and monthly income Rs.
6. Brief description of the Building-
(i) Name of the Slum Area (also give corporation No:)
(ii) Patta and R.S.No.
(iii) Length, Breadth and height of the Building
(iv) Nature of the roof of the building
(v) Materials used for construction of the walls, if any
7. If the applicant himself is not owner of the land in which the building is located- .
(i) Name and address of the owner of the land
(ii) Brief particulars of the terms and conditions under which the applicant occupies the building on the land.
WITNESSES- Signature of the Applicant (Signature with the name and addresses):
1.
2.
37 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT,1971 APPENDIX “B” FORM OF REGISTRATION CERTIFICATE (Under Section 4 (1) of the Act).
To, The statement filed by you in pursuance of section 4 (1) of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 in respect of the building………………………………………………………………………………… ………………..………………………………………………………………………… ………………………in ……………………….……………..
Declared to be a “Slum Area” under section 3 (1) of the Act has been registered in the registered in the Register under section 4 (2) of the Act.
Signature of the Prescribed Authority 38 T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) RULES 1971 APPENDIX “C” APPLICATION UNDER SECTION 5(3) OF THE ACT AND RULE 6 OF THE RULES.
To, The Chairman, Slum Clearance Board, Nandanam Madras – 600 035.
Sir, I beg to give you notice that I intend to erect ………………………………..…..………………………….building in …………………….………….Division and in accordance With the provisions of Section 5 (3) of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. I forward herewith in triplicate-
(a) Site plan of the land for your approval, and
(b) a ground plan, elevations and section of the proposed building and a specification of the work.
I request the site plan and the building plan may be approved and that permission may be accorded to execute the said work.
Signature of the licensed surveyor: Signature of the owner or applicant Name in Block Letters: Name in Block Letters:
Address: Address:
39 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT.1971 QUESTIONNAIRE TO BE COMPLETED BY THE APPLICANT & THE LICENSED SURVEYOR WHO SIGNS THE BUILDING APPLICATION TO BE ENCLOSED ALONG WITH THE BUILDING APPLICATION.
Particulars. Say ‘Yes’ or ‘No’
1. Whether three copies of the plans duly singed by the applicant are enclosed.
2. Whether detailed and clear site plan enclosed.
3. Whether patta and R.S. No. of the plot are enclosed
4. Whether the signature of the licensed surveyor approved by the Slum Clearance Board were obtained in the case where the proposed construction involves RCC work RSJ columns giriders etc.
5. Whether a sanctioned lay-out or sub-division plan enclosed or previous sanction B.A. No or sanctioned, plan, if any, furnished.
6. In the case of the lease lands whether ‘No objection certificate’ from the owner of the land is enclosed.
7. In case of site allotted by the S.H.B whether a ‘No Objection Certificate’ from the state housing board is enclosed.
8. In case of construction of storage of combustible articles whether a ‘No Objection Certificate’ from Explosive Inspector in enclosed.
9. In case High Tension Wires passing close to the proposed construction whether a ‘No Objection Certificate’ from the electricity Board in enclosed.
10. In case of construction for public resort, viz., community centre, Place of worship, multistoried buildings, hug lodges and hotels whether a ‘No Objection Certificate’ from the Commissioner of Police is enclosed.
11. In case of corner plot, whether space is provided at the junction of roads.
40 T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) RULES 1971 IN CASE OF CONSTRUCTIONS IN TOWN – PLANNING AREA THE FOLLWING QUESTIONNAIRE ALSO BE FILLED UP Particulars. Say ‘Yes’ or ‘No’
1. Whether open space has been left as per particulars given below:- I. Open space to be left Frontside Rear.
(a) Front road and width 20 feet below 5 feet on 5 feet either side 10 feet 5 feet on 15 feet, 15 feet 10 feet on 15 feet on either side.
(b) On 20 feet upto 40 feet
(c) Above 40 feet.
2. Whether the plot is not less that half ground in poor class areas and not less than 1 ½ ground in other areas?
3. Whether the height of the construction in rear does not exceed 2 feet from the ground level?
4. Whether any of the following have been proposed within 1/3 rear width of the plot; Ash pit, Carage Cowshed?
5. Whether more than one family is proposed in one plot?
6. Whether the width of the road is furnished?
7. Whether any shops have been proposed in residential areas which involve usage of electric motors licensable traders?
8. Whether shop – cum- residence is proposed?
Signature of the Party 41 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT.1971 THE QUESTIONNAIRE TO BE FILLED BY THE LICENSED SERVERYOR.
Particulars. Say ‘Yes’ or ‘No’
1. In multi-storeyed buildings whether provision of sanitary amenities such as water supply, drainage, dust bin, overhead tank with pump and pump room connections have been made in the plans.
2. In multi – storyed buildings whether load calculations with design particulars are furnished
3. Whether car parking spaces have been provided for buildings more than three storeyed?
4. Whether dimensions are marked clearly giving particulars regarding purpose of rooms, shops and godowns, etc., with colour indications given in the plans?
5. Whether balconies and subshades encroaching on roadside are shown, If so, delete the same and submit seprate applications supported with calculations for the stability of the structure?
6. Whether the building rules given in the Application has been gone through and the plans drawn confine to Rules and Regulations?
Signature of the Licensed Surveyor.
42 T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) RULES 1971 APPENDIX “D” NOTICE UNDER SECTION 9 (1) OR THE TAMIL NADU SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1971.
TO Whereas I,…………………………………………………………………………………………….
……………………..the prescribed authority, an satisfied upon report from ………… Other information in my possession, that the buildings…………………………………… In ……………………….. declare to be a “Slum Area” under section 3 (1) of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, is/ are unfit for human habitation and is/are not capable at reasonable expense of being rendered so fit.
Now, therefore in pursuance of the powers conferred upon me under section 9(1) of the land Act. I hereby call upon you, an owner, lessee or mortgagee or any other person having an interest in the buildings to show cause within 15 days of the receipt of this notice as to why an order for demolition of the building should not be made.
Prescribed Authority Note: The items not required should be struck out.
43 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT.1971 APPENDIX “E” NOTICE UNDER SECTION 6 (1) OR THE TAMIL NADU SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1971.
TO T.N.
Whereas I, …………………. the prescribed authority, an satisfied upon report from ………………….. other information in my possession, that the buildings ……………………………………in …………………. declared to be a “Slum Areas” under Section 3(1) of the Tamil Nadu Slum Areas (Improvemen