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 (Improvement and Clearance) Act, 1971 is / are unfit for human habitation in the following respects:-
1.
2.
3.
4.
Now, therefore, in pursuance of the powers conferred upon me under subsection (1) of section 6 of the said Act, I hereby require you, owners of the buildings to execute the works of improvement mentioned in the schedule below within 60 days of the receipt of this notice, as in my opinion these works will render the buildings fit for human habitation.
In case you fail to comply with this notice, I shall get these works executed under section 7 of the said Act and all expenses so incurred together with interest at the rate of …………………. Per cent per annum from the date of demand shall be recovered from you as arrears of land revenue.
Prescribed Authority.
SCHEDULE Note :-The items not required should be struck out 44 T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) RULES 1971 APPENDIX “F” FORM OF APPLICATION FOR PERMISSION TO TAKE LEGAL ACTION TO EVICT A TENANT U/S 29 (2) OF THE TAMIL NADU SLUM AREAS (IMPROVEMENT & CLERANCE) ACT, 1971 (Vide rule 7)
1. Name of the Applicant
2. Full postal Address
3. Description of the building for which permission is sought
(i) Door No
(ii) Monthly rent payable
(iii)Other itmes if any Rs.
4. Terms of the tenancy
(i) Period of Tenancy
(ii) Monthly rent payable
(iii)Other items is any Rs.
5. Reasons for eviction-
(i) Whether for default of rent?
(ii) Whether the building is required for owners occupation?
(iii)Whether infringement conditions of tenancy is involved?
(iv) Other reasons if any in detail Signature of the Applicant 45
3.TAMIL NADU SLUM CLEARANCE BOARD (CONSTITUTION) RULES 1971.
(G.O.Ms.No.1138, Labour (Housing), 7th Sep. 1971) S.R.O.No.A-950 of 1971 – In exercise of the powers conferred by sections 35 and 70 of the Tamil Nadu Slum Areas (improvement and Clearance) Act. 1971 (Tamil Nadu Act XI of 1971), the Governor of Tamil Nadu hereby makes the following rules:- RULES 1 [1.Short Title.– These rules may be called that Tamil Nadu Slum Clearance Board (Constitution) Rule, 1971.]
2 [2] Members of the Board – The Board shall besides the Chairman, consist of the following members, namely:-
(a) five non – official members appointed by the Government.
(b) the secretary to Government, Labour Department, ex-officio:
(c) the Secretary to Government Health and Family Planning Department, ex-officio;
(d) the Secretary to Government, Revenue Department, ex-officio;
(e) The Secretary to Government, Rural Development and Local Administration Department, ex- officio;
(f) The Secretary to Government, Social Welfare Department, ex-officio;
(g) The Secretary to Government, Finance Department or an officer of the Finance Department nominated by the Secretary to Government, Finance Department, ex-officio;
(h) The Chairman, Tamil Nadu Housing Board, Madras, ex-officio;
(i) The Mayor of Madras or the Commissioner, Corporation of Madras, ex-officio;
(j) Director of Town Planning, Madras, ex-officio;
1. Inserted by Memo No.43354 Hg F(1) 7202, dated 22nd November, 1972
2. Renumbered by ibid.
46 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE ACT.1971
(3) Appointment of Chairman and members to be notified. – The appointment of the Chairman and the non-official members shall be notified in the Tamil Nadu Government Gazette.
(G.O. Ms.No.359, Housing and Urban Development (SC 3(1) 20th March 1995 No.SRO A-20/95 – In exercise of the powers conferred by section 70 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act 1971 (Tamil Nadu Act 11 of 1971 read with section 35 of the said act and in supersession of the rules issued with the Labour Department notification NO.SRO A-951 of 1971, dated the 7th September 1971 published at pages 980-982 of Part V of the Tamil Nadu Government Gazette, dated 10th November 1971, as subsequently amended, the Governor of Tamil Nadu hereby make the Following. Rules:- RULES
1. Short title – These rules may be called the Tamil Nadu Slum Clearance Board (Constitution) Rules 1994.
2. Number of members of the Board. – The number of members of the Board including the Chairman shall not exceed fifteen.
47
4.TAMIL NADU SLUM CLEARANCE BOARD (REMUNERATIVE ENTERPRISES) RULES, 1972.
(G.O.Ms.No.671, Labour (Housing), dated 2nd May, 1972.)
S.R.O.No.A-428 of 1972. – In exercise of the powers conferred by clause (b) of section 40, read with section 70 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971), the Governor of Tamil Nadu hereby makes the following rules.
RULES
1. Short title.- These rules may be called the Tamil Nadu Slum Clearance Board (Remunerative Enterprises) Rules, 1972.
2. Definitions.- In these rules, unless the context otherwise requires.
(a) A” means the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971);
(b) “Board” means the Tamil Nadu Slum Clearance Board established under section 34 of the Act.
3. Functions of the Board.- In addition to the functions of the Board under the Act, the Board shall perform the following functions, namely:-
(a) acquisition by purchase, exchange or otherwise of any property or the improvement, development, clearance or erection of buildings, for carrying out the purpose of the Act;
(b) Laying or relaying out of any land comprised in the scheme of the Board;
(c) Distribution or redistribution of sites, buildings or tenements of the Board;
(d) Closure or demolition of dwellings or portions of dwellings unfit for human habitation;
(e) Construction and reconstruction of buildings;
(f) Sale, lease or exchange of any property;
(g) Constructions and alteration of roads, streets, back lanes, bridges, culverts and causeways;
(h) Providing drainage, water-supply and lighting of the streets in the slum areas;
48 REMUNERATIVE ENTERPRISES RULES, 1972
(i) Providing open parks, playing fields and openspaces for the benefit of any area comprised in any scheme or any adjoining area, and the enlargement of existing parks, playing fields, open spaces, approaches;
(j) Providing sanitary arrangements required for the area comprised in any scheme, including the conservation of and prevention of injury or contamination to rivers or other sources and means of water supply;
(k) Providing accommodation for any class of inhabitants;
(l) Providing facilities for communications and transports;
(m) Advancing money for the purpose of the scheme;
(n) Collection of such information and statistics as may be necessary for the purpose of the Act;
(o) reclamation or reservation of lands for markets, gardens, playing fields and afforestation;
(p) providing schools, parks, swimming pools, restaurants, shops, markets, fuel depots, laundries, hair dressing saloons and other amenities;
(q) any other remunerative enterprise.
4. The functions of the Board provided in rule 3 shall be confined only to the areas notified under the Act.
__________________________ 49
5.TAMIL NADU SLUM CLEARANCE BOARD (CONTROL & MANAGEMENT OF PROPERTIES) RULES, 1971.
(G.O.Ms.No.1137, Labour (Housing), dated 7th September, 1971) S.R.O.No.A-931 of 1971.-In exercise of the powers conferred by sub-section (1) of section 70 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971), the Governor of Tamil Nadu hereby makes the following rules:- RULES
1. Short title.- These rules may be called the Tamil Nadu Slum Clearance Board (Control and Management of Properties) Rules, 1971.
2. Definitions.- In these rules-
(a) “Act” means the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971);
(b) “Form” means a form appended to these rules
(c) “Chairman” means Chairman of the Tamil Nadu Clearance Board established under section 34 of the Act.
(d) “Board” means the Tamil Nadu Slum Clearance Board established under section 34 of the Act.
(e) “Executive Engineer” means Executive Engineer appointed by the Board.
3. Allotment of Plots Tenements Buildings.- The Chairman may allot or grant plots of lands, tenements or buildings or other premises owned or otherwise controlled by the Board to such slum dwellers whom he considers eligible by way of sale, lease-cum –sale, lease or license, on such terms and conditions and subject to such restrictions and on payment of such value, rent free or other charges as the Board determines form time to time.
4. Penalty for Non-observance of conditions of allotment.-
(a) If the Executive Engineer or any other authority by the Chairman, Tamil Nadu Slum Clearance Board, is satisfied that the persons authorized to occupy any of the Board’s premises under Rule 3 has:- 50 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) ACT, 1971
(i) not paid the rent, license fee, charges value or any other amount due to the Board in respect of the premises in his occupation for a period of two months from the date on which the same has become due and payable, or
(ii) sublet, without the previous permission in writing of the Engineer, the whole or any party of the said premises, or
(iii) otherwise acted in contravention of any of the terms, condition or restriction expressed or implied under which he is authorized to occupy he said premises, or
(iv) for any other reasonable cause, the Executive Engineer shall evict, notwithstanding any other law in force the said persons from the said premises and resume possession of the said premises;
(b) if any person is in unauthorized occupation of any of the Board’s premises, the Executive Engineer or the Officer of the Board authorized by the Chairman shall evict him and resume possession.
5. Procedure to be adopted before eviction.- Before an order of eviction is passed under rule 4 of the Executive Engineer or an officer of the Board authorized by the Chairman in this behalf shall issue notice to the person against whom action is taken, to show cause why an order of eviction should not be passes against him. After considering the explanation, if any, given, the Executive Engineer or the Officer or the Board authorized by the Chairman, shall pass appropriate orders.
6. Powers of the Executive Engineer to evict tenants for refusal to comply with orders.- If any person refuses or fails to comply with an order made under rule 4, the Executive Engineer or the officer authorized by the Chairman may evict that person from and take possession of the premises and may for that purpose, use such force as may be necessary.
7. Power to recover license fee or other amounts due to the Board as arrears of land revenue.- Without prejudice to the provisions of rule 4, where any person is in arrears of dues fee or other amount due to the Board in respect of any Board’s premises, the Chairman of the Board or any other authorized by him in this behalf may be notice served, order that person to pay the same within such time not being less than fifteen days as may be specified in the notice. If such person refuses or fails to pay the same within the time specified in the notice, such arrears may be recovered as if it is an arrears of land revenue.
51 CONTROL AND MANAGEMENT OF PROPERTIES RULES, 1971
8. Damages for unauthorized occupation.- Where any person is in unauthorized occupation of any Board’s premises. Chairman of the Board or any officer authorized by him in this behalf may, in the prescribed manner, assess such damages on account of the use and occupation of the premises and may by notice order that person to pay the damages within such time as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice the damages may be recovered from him as if it is an arrear of land revenue.
9. Appeal.-
(1) Any person aggrieved by an order of the Executive Engineer or the officer of the Board authorized by an Chairman under the foregoing rule may within 15 days from the date of service of such order prefer an appeal to the Chairman:
Provided that the Chairman may entertain to the appeal after the expiry of the said period of 15 days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
(2) On receipt of an appeal under sub-rule (1), the Chairman may, after calling for a report from the Executive Engineer, or the officer of the Board authorized by the Chairman and after making such further inquiry, if any as may be necessary pass such orders as he thinks fit and the order of the Chairman shall be final.
(3) On such appeal being preferred, the Chairman may stay the execution of the order of the Executive Engineer or the officer of the Board authorized by the Chairman for such period and on such conditions as he thinks fit.
10. License fee or other amounts due to the Board to be recovered from deductions from salary or wages in certain cases.-
(1) Subject to the provisions of Rules 4 and 5, any slum dweller who is an employee of the Government or a local authority and who has been allotted any Board’s premises may execute an agreement in favour of the Board, providing that the Government or the local authority, as the case may be, under or by whom he is employed shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent fee or other amounts due by him in respect of the Board’s premises allotted to him.
52 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) ACT, 1971
(2) On the execution of such an agreement, the Government or local authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition, from the salary or wages of the employee specified in the requisition, in accordance with agreement any pay the amount so deducted to the Board.
11. Forms of Notices and orders.- The notices to be served under these rules shall be in the Forms given in Annexure.
53 THE T.N.SLUM AREAS (IMPROVEMENT & CLEARANCE) ACT, 1971 ANNEXURE FORM A NOTICE UNDER RULE 5 READ WITH RULE 4 OF TAMIL NADU SLUM CLEARANCE BOARD (CONTROL AND MANAGEMENT OF PROPERTIES) RULES, 1971 Thiru………………………………………………………(a) has not paid rent/license fee……………………………………………due by him to the Tamil Nadu Slum Clearance Board (Hereinafter called the Board) in respect of the premises described in Annexure I here under, belonging to the Board, which is now under his occupation as detailed in Annexure II.;
or
(b) has allowed any person to occupy without the permission of the Board the whole or any part of the aforesaid premises; or
(c) has violated the following conditions and terms and restriction under which he was authorized to occupy the aforesaid premises; or
(d) …………………………………………………………He is hereby directed to show cause within fifteen days from the date of receipt of this notice why action should not be taken to evict him from the aforesaid premises. If no explanation is tendered, or if the explanation tendered is not acceptable, final orders will be issued and he will be summarily evicted, without prejudice to the right to the Board to recover the amounts due from him till the date of resumption of possession by the Board.
Dated Signature of the Executive Engineer ANNEXURE I Description of the Premises ANNEXURE II Details of Arrears 54 CONTROL AND MANAGEMENT OF PROPERTIES RULES, 1971 FORM B FINAL ORDER UNDER RULE 4 OF TAMIL NADU SLUM CLEARANCE BOARD (CONTROL AND MANAGEMENT OF PROPERTIES) RULES, 1971 To Thiru/Thirumathi, WHEREAS for the reasons stated in the notice issued to you on… you were directed to show cause within fifteen days from the date of receipt of the said notice why action should not be taken to evict you from the Board’s premises.
WHEREAS you have not tendered any explanation / whereas your explanation as duly considered and is found not acceptable;
You are hereby ordered to vacate and deliver vacant possessions of the Board’s premises described in the annexure, within 15 days from the service of this notice. If you fail to deliver peacefully the possessions of the said premises, you will be evicted there from using such force as may be necessary and possession taken after the expiry of the period of 15 days allowed in this order;
This order is made without prejudice to the right of the Board to recover the arrears and other amounts due to the Board as arrears of Land Revenue or by any other mode of recovery.
Dated at Madras this……………………………day of……………………………..1971.
Executive Engineer N.B.- An appeal will lie against this order to the Chairman, Tamil Nadu Slum Clearance Board within 15 days under rule 9 of the Rules.
55
6. TAMIL NADU SLUM CLEARANCE BOARD (MANNER OF OPERTION OF ACCOUNT) RULES, 1976 (G.O.Ms.No.906, Housing, dated 24th June, 1976) S.R.O.No.A-225 of 1976. – In exercise of the powers conferred by section 20, read with section 41 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971), the Governor of Tamil Nadu hereby makes the following rules.
RULES
1. Short title.- These rules may be called the Tamil Nadu Slum Clearance Board (Manner of Operation of Accounts) Rules, 1976.
2. Definitions.- In these rules, unless the context otherwise requires.
(a) “Act” means the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971); and
(b) “Board” means the Tamil Nadu Slum Clearance Board established under section 34 of the Act.
3. Deposit of the funds of the Board.- (1) The Board may be authorized to deposit, its funds in one or more Nationalised Commercial Banks of ‘A’ Class Schedule Banks in such accounts as may be found convenient, up to a maximum monetary limit of one hundred lakhs of rupees in each bank.
(2) The Bank account shall be opened by the name of the Board.
4. Payment from Board’s funds.- No payment exceeding fifty rupees shall be made except through cheque.
5. Authority to sign orders for deposit and cheques.- Orders for making any deposit shall be, in writing, and all such orders and cheques shall be signed by the Chairman or the Chief Accounts Officer of the Board in respect of the main Accounts of the Board and by the Executive Engineer or the Estate Officers concerned in respect of the Divisions / Units.
6. Precautions to be observed before signing a cheque.- The Chairman, the Chief Accounts Officer, the Executive Engineer, or the Estate Officer, as the case may be shall satisfy himself before he signs a cheque that the sum for which such cheque is drawn is required for a purpose of work specifically sanctioned by the Board or any other competent authority where such sanction is necessary under the Act or rules made there under. The Chairman, of the Chief Accounts Officer, the Executive Engineer, or the Estate Officer, as the case may be shall also satisfy himself before signing the cheque that a proper bill has been prepared and passed for payment by the competent authority.
56 MANNER OF OPERATION OF ACCOUNT RULES, 1976
7. Procedure to be followed in writing a cheque.- (i) Every cheque shall be made payable to order only. In the absence of a specific request to the contrary from the payee, the cheque drawn in favour of corporate bodies, firms or private persons shall always be crossed. Subject to any instructions from the payee, the cheque shall be crossed …………………… and Company between the crossing.
(ii) These accounts in the Bank shall be operated by the Chairman, the Chief Accounts Officer of the Boards, the Executive Engineers and the Estate Officers of the divisions. The Board shall decide, from time to time, the names and designation of the officers who shall operate such accounts in the Banks mentioned to rule 3.
57
7. TAMIL NADU SLUM CLEARANCE BOARD SERVANTS SERVICE ASSOCIATIONS RECOGNITION RULES, 1981.
(G.O.Ms.No.581, Housing & Urban Devpt., 18th July 1981) S.R.O.No.A-231/81.- In exercise of the powers conferred by section 70, read with section 38 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act XI of 1971), the Governor of Tamil Nadu hereby makes the following rules.
RULES
1. Short title.- These rules may be called the Tamil Nadu Slum Clearance Board’s Servant’s Recognition of Service Associations1 (Recognition) Rules, 1981.
2. Commencement.- These rules shall come into force on the 18th July 1981.
3. Definition. In these rules, unless the context otherwise requires.
(a) “Board Servant” means any person who is an Officer or a servant of the Tamil Nadu Slum Clearance Board constituted under Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 or any of its units but does not include a servant of the Central or State Government or local authority whose services have been lent to the Board.
(b) Service Association includes a Federation or a Confederation of Service Associations.
1 [4] Conditions for recognition of Service Associations.- No Service Association shall be recognized by the Board after the commencement of these rules, unless such service Association satisfies the following conditions, namely .- [a] An application for recognition of the Service Association shall be made with th following particulars:-
(1) Title of the Association;
(2) Headquarters of the Association;
(3) The number of members of the Association; and
(4) The names of branches; if any.
[b] The object of the Service Association shall be to promote the common service interests of its members;
[c] No person, who is not a Board’s servant, shall be connected with the affairs of the Service Association.
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1.Ins.by.G.O.Ms.No.133, Housing & Urban Development, 2nd Feb, 1987.
58 SERVANTS SERVICE ASSOCIATION RECOGNITION RULES, 1981 [d] The Service Association shall not be framed on the basis of any caste, tribe or religious denomination or of any group within or section of such case, tribe or religious denomination;
[e] The executive functions of the Service Association shall be vested in one or more of the members appointed for the purpose;
[f] The funds of the Service Association shall consist exclusively of subscription from members and grants, if any, made furtherance of the object of Service Associations.
5. Conditions subject to which recognition is granted.- Every Service Association recognized under these rules shall comply with the following conditions namely:-
(a) All representatives by the Service Association shall be submitted through the proper channel, and shall, as a normal practice be addressed to the Chairman of the Board;
(b) A list of members and officer-bearers, an up-to-date copy of the rules and an audited statement of accounts of the Service Association shall be furnished to the Board annually through proper channel after the general annual meeting so as to reach the Board, before the first day of July each year;
(c) All Service Associations, whose annual turn over is of the order of Rs.10,000 (Rupees ten thousand) and above, shall have their accounts duly audited by a qualified registered Auditor.
(d) Any amendment of a substantial character in the rules or bye-laws of the Service Association shall be made only with the previous approval of the Board and any other amendment of minor character shall be sent through the proper channel to the Board.
(e) The Service Association shall not do any act or assist in the doing of any act which, if done by a Board’s servant would contravene any of the provisions of rules of the Tamil Nadu Slum Clearance Board’s Officers and Servants Conduct Rules.
(f) The Service Association shall not address any communications to a foreign authority except through the Board which shall have the right to withhold it;
59 THE T.N.SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT,1971
(g) Communications addressed by the Service Association or by any officer/bearer on its behalf of the Board or the Government shall not contain any disrespectful or improper language;
(h) The Service Association shall not, without the previous sanction of the Board, permit its proceedings to be open to the Press;
(i) The Service Association shall not use a strike or the threat of a strike against the Board as a means of achieving any of the purposes of the Association; and
(j) The Service Association shall have the following rule incorporated among its rules, namely:- “ A strike or the treat of a strike against the Board shall never be used as a means of achieving any of the purposes of the Association”.
1 6. The Tamil Nadu Slum Clearance Board may if the Board is of opinion that a service Association recognized or deemed to have been recognized under these rules have failed to comply with any of the condition in rule 4 or rule 5 for good and sufficient reason to be recorded in writing deserves to be de-recognised, withdraw the recognition accorded to such service association provided that the recognition shall not be withdrawn, unless such service association has been given an opportunity of making its representations.
7. Power to relax rule.- The Board may dispense with or relax the requirements of any of these rules to such extent and subject to such conditions as it may deem fit in regard to any Service Association or Class of Service Associations.
8. Decision of the Board.- If any question arises as to the interpretation of any of provisions of these rules, it shall be referred to the Board whose decision thereon shall be final.
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1.Subs.By G.O.Ms.No.133, Housing & Urban Development, 2nd Feb. 1987.