The Slum Areas (Improvement and Clearance) Act, 1956

(1) This Act may be called the Slum Areas(Improvement and Clearance) Act, 1956. (2) It extends to all Union territories except the Union territories of the Andaman and Nicobar Islandsand the Laccadive, Minicoy and Amindivi Islands. (3) It shall come into force in a Union territory on such date1as the Central Government may, bynotification in the Official Gazette, appoint; and different dates may be appointed for different Unionterritories.

In this Act, unless the context otherwise requires,― (a) “Administrator” means the Administrator of a Union territory; (b) “building” includes any structure or erection or any part of a building as so defined but doesnot include plant or machinery comprised in a building; (c) “competent authority” means such officer or authority as the Administrator may, bynotification in the Official Gazette, appoint as the competent authority for the purposes of this Act; (d) “erection” in relation to a building includes extension, alteration or re-erection; 2(e) “land” includes benefits to arise out of land, and things attached to the earth or permanentlyfastened to anything attached to the earth; (f) “occupier” includes― (a) any person who for the time being is paying or is liable to pay to the owner the rent or anyportion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of anyland or building; (g) “owner” includes any person who is receiving or is entitled to receive the rent of any buildingor land whether on his own account or on behalf of himself and others or as agent or trustee, or whowould so receive the rent or be entitled to receive it if the building or land were let to a tenant; (h) “prescribed” means prescribed by rules made under this Act; and (i) “slum clearance” means the clearance of any slum area by the demolition and removal ofbuildings therefrom; 3(j) “work of improvement” includes in relation to any building in a slum area the execution ofany one or more of the following works, namely:― (i) necessary repairs; (ii) structural alterations; (iii) provision of light points, water taps and bathing places; (iv) construction of drains, open or covered; (v) provision of latrines, including conversion of dry latrines into water-borne latrines; (vi) provision of additional or improved fixtures or fittings; (vii) opening up or paving of courtyards; (viii) removal of rubbish; and (ix) any other work including the demolition of any building or any part thereof which in theopinion of the competent authority is necessary for executing any of the works specified above.

(1) Where the competent authority upon report from any of itsofficers or other information in its possession is satisfied as respects any area that the buildings in thatarea― (a) are in any respect unfit for human habitation; or (b) are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings,narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or anycombination of these factors, are detrimental to safety, health or morals, it may, by notification in the Official Gazette, declare such area to be a slum area. (2) In determining whether a building is unfit for human habitation for the purposes of this Act,regard shall be had to its condition in respect of the following matters, that is to say― (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of waste water; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or moreof the said matters that it is not reasonably suitable for occupation in that condition.

(1) Where the competent authority upon report from any of its officers or other informationin its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit,serve upon the owner of the building a notice requiring him within such time not being less than thirtydays as may be specified in the notice to execute the works of improvement specified therein and statingthat in the opinion of the authority those works will render the building fit for human habitation: 4Provided that where the owner of the building is different from the owner of the land on which thebuilding stands and the works of improvement required to be executed relate to provision of water taps,bathing places construction of drains, open or covered, as the case may be, provision of water-bornelatrines or removal of rubbish and such works are to be executed outside the building, the notice shall beserved upon the owner of the land. (2) In addition to serving a notice under this section on the owner, the competent authority may servea copy of the notice on any other person having an interest in the building 4or the land on which thebuilding stands whether as lessee, mortgagee or otherwise. (3) In determining, for the purposes of this Act, whether a building can be rendered fit for humanhabitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary torender it so fit and the value which it is estimated that the building will have when the works arecompleted.

(1) If a notice undersection 4 requiring the owner of the building 5or of the land on which the building stands, as the casemay be, to execute works of improvement is not complied with, then, after the expiration of the timespecified in the notice the competent authority may itself do the works required to be done by the notice. (2) All expenses incurred by the competent authority under this section, together with interest, at suchrate as the Central Government may by order fix, from the date when a demand for the expenses is madeuntil payment, may be recovered by the competent authority from the owner of the building 5or of theland on which the building stands, as the case may be, as arrears of land revenue:Provided that if the owner proves that he― (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the wholedemand of the authority, his liability shall be limited to the total amount of the money which he has inhis hands as aforesaid.