(1) This Act may be called the West Bengal Slum Areas (Improvement and Clearance) Act, 1972.
(2) It extends to the whole of West Bengal except the places which are 2 of 1924. declared as Cantonments under the Cantonments Act, 1924.
(3) Save as otherwise provided in this Act the powers of the State Government and the prescribed authority conferred by or under this Act shall be restricted to the area declared as slum area under section 3 of this Act.
Short title and extent West Ben.
Act XIV of
1965.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "Calcutta Metropolitan District" means the area described as such in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965;
(b) "hut" means any structure, no substantial part of which, excluding the walls up to a height of fifty centimetres above the floor level, is constructed of masonry, reinforced concrete, ferro-concrete, cemented brick work, steel, iron or other metal or any combination thereof or prefabricated materials;
63 The West Bengal Slum Areas (Improvement and Clearance) Act, 1972.
[West Ben. Act (Section 2.)
(c) "intermediary" means a proprietor, a tenure-holder, a lessee or a sub-lessee or holder of any other tenancy interest in land, whether liable to pay any rent or not, but does not include a thika tenant;
(d) "notification" means a notification published in the Official Gazette;
(e) "occupier", in relation to any land, hut or other structure, includes—
(i) any person who, for the time being, is paying, or liable to pay, to the owner, the rent or any portion of the rent thereof,
(ii) an owner in occupation of, or otherwise using, such land, hut or other structure,
(iii) a rent-free tenant,
(iv) any person who is a licensee in occupation, and
(v) any person who is liable to pay to the owner damages for the use and occupation of such land, hut or other structure;
(I) "owner", in relation to a land, hut or other structure, includes any person who is receiving or is entitled to receive the rent of such land, hut or other structure on his own account or on behalf of himself and others or as agent or trustee, or who would so receive the rent or be entitled to receive it if the land, hut or other structure were let to a tenant;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "prescribed authority" means—
(i) in respect of any area within the Calcutta Metropolitan District,—
(a) unless otherwise specified by the State Government, the Calcutta Metropolitan Development Authority constituted under section 3 of the Calcutta West Ben.
Metropolitan Development Authority Act, 1972, or A of 19,7ct2xL.
(b) such local authority, having jurisdiction over any slum within such area, as the State Government may, on the recommendation of the Calcutta Metropolitan Development Authority, specify,
(ii) in respect of any other area, the local authority having jurisdiction over the area or any other authority, empowered by the State Government by notification, to The West Bengal Slum Areas (Improvement and Clearance) Act, 1972.
X of 1972.]
(Sections 3-6.)
West Ben.
Act II of
1949.
perform the functions of the prescribed authority under this Act in such area ;
"slum area" means the area declared as such by the State Government under section 3 ;
0) "thika tenant" has the same meaning as in the Calcutta Thika Tenancy Act, 1949.
3. If the State Government is satisfied that the conditions of the land, huts or other structures in any area is such that the continued existence of such conditions would be injurious to public health or safety or to the health, hygiene or morals of the inhabitants of such area, it may, by notification, and in such other manner as may be prescribed, declare such area to be a slum area.
4. No new hut or other structure shall be erected, and no substantial Erection of, addition to, or material alteration in, any existing hut or other structure o addition r alteration shall be made, in any slum area except with the previous permission in to, hut or writing of the prescribed authority, obtained in such manner as may be other 'prescribed, and in accordance with such general or special conditions, ifsbetzucto de to any, as the prescribed authority may impose. with prior ma re permission.
(i) Declaration of slum area.