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Section 19

The West Bengal Slum Areas ( Improvement And Clearance ) Act, 1972State Act of West Bengal · Act 10 of 1972

(1) Any officer of the State Government or of the prescribed authority duly authorised in this behalf may, with or without assistants and workmen, enter into or upon any land, hut or other structure, in order—

(a) to make any inquiry, inspection, survey or measurement,

(b) to take levels,

(c) to dig or bore into the sub-soil,

(d) to set out boundaries and intended lines of work,

(c) to mark levels, boundaries and lines by placing marks and cutting trenches, or

(f) to do any other thing, Appeal.

72 The West Bengal Slum Areas (Improvement and Clearance) Act, 1972.

X of 1972.]

(Section 20-23.)

for the purpose of carrying out any of the provisions of this Act, the rules or schemes framed thereunder:

Provided that—

(a) no such entry .shall be made between sunset and sunrise; and

(b) no such entry shall be made in any hut or other structure or enclosed court or garden attached thereto save with the consent of the occupier thereof and, in case such consent is withheld, save after giving three days' written notice to the occupier.

(2) Any person authorised under sub-section (1) to enter any land, hut or other structure, and his assistants and workmen, shall be deemed 45 of 1860. to be a public servant within the meaning of section 21 of the Indian Penal Code.

20. For determining the amount payable under sub-section (4) of Power to section 14, the officer referred to in that sub-section, and for determining esutcm'' the amount payable under sub-section (2) of section 15, the prescribed authority or the appellate authority, as the case may be, shall, subject to such rules as may be made under this Act, and in so far as such powers are necessary for carrying out the provisions of this Act, have power to summon and enforce the attendance of witnesses, including the parties interested, and to compel the production of documents by the same 5 of 1908. means and so far as may be , in the same manner as is provided in the Code of Civil Procedure, 1908, with regard to a suit tried by a Civil Court.

21. No suit or proceeding shall lie against the State Government or any prescribed authority, and no suit, proceeding or prosecution shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act or any rule, scheme or order made thereunder.

22. The provisions of any law for the time being in force in a slum area which are inconsistent with the provisions of this Act shall, so long as this Act continues to apply to such slum area, remain suspended in that area.

23. Notwithstanding the suspension of any law in force in a slum area Savings.

by reason of the provisions of section 22, anything done, action taken or work undertaken under any such law shall, if it is not inconsistent with the provisions of this Act, continue to be done, taken or undertaken, as the case may be, as if that area had not been declared under this Act to be a slum area.

Indemnity.

Other laws to remain suspended.

73 The West Bengal Slum Areas (Improvement and Clearance) Act, 1972.

[West Ben. Act X of 1972.]

Revocation of declaration made under section 3.

Power to make rules.

(Sections 24-26.)

24. Where the State Government is of opinion that in view of the improvements made in a slum area or for any other reason, the continuation of the declaration of any area as a slum area is no longer necessary, it may, by notification and in such other manner as may be prescribed, revoke that declaration.

Where this provision sits

ActThe West Bengal Slum Areas ( Improvement And Clearance ) Act, 1972
Section19
JurisdictionState of West Bengal
StatusIn force as published by the source

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