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Section 13

The West Bengal Slum Areas ( Improvement And Clearance ) Act, 1971State Act of West Bengal · Act 2 of 1971

(1) Where it appears to the prescribed authority that in view of the unhealthy, unhygienic, insanitary and congested conditions existing in a slum area, it is not expedient to carry out works of improvement in pursuance of the improvement:'

schemes prepared under this Act for such slum area without redeveloping that area after demolishing the huts and other structures thereon, it may prepare a scheme, to be known as a "Slum Clearance and Redevelopment Scheme" and publish' a copy thereof in such manner as may be prescribed inviting suggestions and objections.

k 2) Every such Scheme shall, as far as practicable, indicate the manner in which clearance and redevelopment shall be carried out and may provide for all or any of the following particulars, namely :—

(a) the acquisition of any land or other property in the area comprised in the Scheme, or affected by, or required for the execution of, the Scheme ;

(b) the reservation, acquisition or allotment of land or other property for any of the matters specified in sub-section (2) of section 10 ;

(c) the laying or relaying of any area comprised in the Scheme ;

(d) the provision of alternative accommodation, temporary or permanent, for the inhabitants of the.

area who may be displaced by reason of the execution of the Scheme or any part thereof ;

te) the construction. alteration or widening of streets or Power to enter and carry out measures to implement improvement scheme.

Slum Clearance and Redevelopment Scheme.

39t(f) THE CALCUTTA GAZETTE, EXTRA ORDINARY, JANUARY 25, 1971 [PART

(f) the suspension, as far as may be necessary for the proper carrying .out of the Scheme, of any rule.

bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make;

(g) an estimate of the total cost of the Scheme ; and

(h) such other matters not inconsistent with the objects of this Act as may be directed by the State Government.

(3) The prescribed authority, after considering any objection or suggestion relating to the Scheme referred to in subsection (1) and received within thirty days from the date of publication of the said Scheme and after making such modification in the Scheme as it thinks fit, shall, not later than.

twenty-four months from the date of publication of the Scheme, • sanction it, subject to the approval of the State Government, by notification and by such other means as are calculated to bring it to the notice of all persons concerned.

(4) Where a Scheme is sanctioned under sub-section (3).

the State. Government may, on the recommendation of the prescribed authority, by order published in the Official Gazette, suspend, to such extent only as may be necessary, for the proper carrying out of the Scheme, any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make.

Power of State Government to acquire land.

14. (I) Where the State Government is of opinion that for the purpose of carrying out any Slum Clearance and Redevelopment Scheme sanctioned under this Act. it is necessary to acquire any land or any other immovable property' within, adjoining or surrounded by, any slum area, it may, by a notice published in the Official Gazette and by such other.

manner as may be prescribed, acquire such land or immovable property with effect from such date as may be specified irk the notice.

(2) With effect from the date specified in the notice referred to in sub-section (1), the land or immovable property as is mentioned in the notice shall vest absolutely in the State Government free from all incumbrances.

(3) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit to impose, direct by order in writing that such land or immovable property shall, instead of vesting in the State Government vest in the prescribed authority, and thereupon the prescribed authority shall—

(a) take possession of the property as aforesaid in such manner as may be prescribed, and

(b) clear and redevelop the area in accordance with the Slum Clearance and Redevelopment Scheme sanctioned under section 13.

(4) Before taking possession under clause (a) of sub-section

(3) of any hut or other structure situated upon any land acquired under this section, such- officer of the prescribed authority, as may be duly authorised in this behalf, shall determine, after such inquiry and inspection as may be considered suitable,—

(a) the cost of erection or removal of such hut. or other struct u re ,

(b) the cost of dismantling and re-erecting any plant.

machinery or other equipment used for any trade ".. ,..,...:,,a e•••• 1-i,., Uvs "IFI, elk •• 4•••• • •••

PART Nr1 THE CALCUTTA GAZETTE,. EXTRAORDINARY, JANUARY 25, 1971 396(g)

(c) compensation of any temporary loss of vocation, and shall pay the amount so determined to the owner or occupier, as the case may be.

Principles for determining compensation.

Where this provision sits

ActThe West Bengal Slum Areas ( Improvement And Clearance ) Act, 1971
Section13
JurisdictionState of West Bengal
StatusIn force as published by the source

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