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KARNATAKA SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT 1973
Act No. 33 of 1974
01st October, 1974
An Act to provide for the 1[development] of slums in the State of Karnataka. Whereas, the number of slums in certain areas in the State of Karnataka is increasing and is a source of danger to public health and sanitation of the said areas; And, whereas, under the existing law it has not been possible effectively to check the increase, to eliminate congestion and to provide for basic needs such as streets, water-supply and drainage and to clear the slums which are unfit for human habitation; And, whereas, to obviate this difficulty it is expedient to provide for the removal of un-hygienic and insanitary conditions prevailing in the slums, for better accommodation and improved living conditions for slum dwellers, for the promotion of public health generally and for the acquisition of land for the purpose of improving, developing or redeveloping slum areas, clearance of slums a
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(1) This Act may be called the Karnataka Slum Areas (
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires.--
(1) Where the Government is satisfied that.--
(2) hi 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.--
(1) (a) Within the period specified in clause (b), the owner of occupier of every building situated in any slum area shall send to the prescribed authority a statement in such form as may be prescribed.
(b) The statement under clause (a) shall be sent within such period as may be prescribed.
(2) On receipt of the statement under sub-section (1) the prescribed authority shall, on being satisfied about the correctness of the statement, register the building in a register maintained for the purpose and containing such particulars as may be prescribed and shall issue in the prescribed form, a registration certificate to the owner or occupier of the building.
(1) The prescribed authority may, by notification direct that no person shall erect any building in a slum area except with the previous permission in writing of such authority.
(2) Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser.
(3) Every person desiring to obtain permission referred to in sub-section (1) shall make an application in writing to the prescribed authority, in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.
(4) On receipt of such application, the prescribed authority/after making such enquiry as it considers necessary shall, by order in writing.--
(b) No person shall collect any rent or other charges, by whatever name called, from the occupant of any building constructed or reconstructed in contravention of clause (a).
(2) Any person who contravenes the provisions of sub-section (1) or who abets such contravention shall, on conviction, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees:"
Provided that.--
(2) The Boards shall serve a copy of the provisional order made under sub-section (1) on the owner or builder or the occupier of the building together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed.
(3) If the owner or the builder or the occupier fails to show cause to the satisfaction of the Board, it may confirm the order, with such modifications as it may think f
(1) Where the prescribed authority is satisfied that at a reasonable expense.--
Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision water-taps, bathing places, construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and su
(1) If a notice under sub-section (1) of section 6 is not complied with, then, after the expiration of the time specified in the notice, the prescribed authority may itself execute the works required to-be executed by the notice.
(2) All expenses incurred by the prescribed authority under this section together with interest at such rate as the Government may, by order, fix from the date when a demand for the expenses is made until payment, may be recovered by the prescribed authority from the owner of the slum area or part thereof or of the building or of the land, on which the building stands, as the case may be, as arrears of land revenue and all such expenses and interest shall constitute a charge upon the slum area or part thereof or the building or the land on which the building stands as the case may be;
Provided that if the owner proves that he.--
(1) Where works of improvement have been executed in relation to any land or building in a slum area in pursuance of the provisions of Sections 6 and 7 the expenses incurred by the prescribed authority, or as the case may be, by any Local Authority, in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works, may be recovered from the occupier or occupiers of the land or buildings as arrears of land revenue;
(2) The amount of expenses referred to in sub-section (1) shall be determined by order by the prescribed authority and in the case of expenses incurred by the Local Authority, the prescribed authority shall consult the Local Authority before passing an order determining the amount of expenses incurred by the Local Authority.
(1) Where the prescribed authority on a report from the Local Authority concerned or the State Housing Board or the Board or an Officer authorised by the Government for this purpose is satisfied that any building being unfit for human habitation in a slum area is not-capable at reasonable expense of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest in the building whether as lessee, mortgagee or otherwise, a notice to show cause, within such time as may be specified in such notice, as to why an order of demolition of the building should not be made.
(2) If any of the person upon whom a notice has been served under sub-section (1) appears in pursuance thereof before the prescribed authority and gives an undertaking to that authority that such person shall, within such period as may be specified by the said authority, execute such works of improvement in relation to the building, as will in the opinion of the said
Where an order of demolition of building under Section 9 has been made, the owner of the building or any other person having an interest therein shall demolish that building, within the period mentioned in subsection (3) of Section 9, and if the building is not demolished within the said period, the prescribed authority shall enter and demolish the building and subject to the provisions of Section 61, sell the materials thereof.
(1) Where the Government, on a report from the Board or the prescribed authority or the Local Authority concerned or the State Housing Board or an Officer authorised by the Government for this purpose is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the clearance of such area and the demolition of all the buildings in the area, it may, by notification, declare the area to be a slum clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this Act;
Provided that before issuing such notification the Government shall call upon the owners of the lands and buildings in such slum area to show cause why such declaration should not be made and after considering the cause, if any, shown by such owners, it may pass such orders as it may deem fit.
(2) Any part of the slum area or any building in the slum area which is not unfit for human habitation or dangerou
When a slum area has been declared to a be a slum clearance area under sub-section (1) of section 11, the owners of the lands and the buildings in that area shall clear the area and demolish the buildings before the expiration of such period as may be prescribed.
If any slum clearance area is not cleared or the buildings demolished before the expiration of the period mentioned in. Section 12, the prescribed authority shall enter and clear the area and demolish the buildings and subject to the provisions of Section 61, sell the materials, thereof.
(1) Subject to the provisions of this act, where a notification under sub-section (1) of Section 11 has been issued, the owner of the land to which the notification applies may re-develop the land in accordance with plans approved by the prescribed authority and subject to such restrictions and conditions (including a condition with regard to the time within which the redevelopment shall be completed), if any, as that authority may think fit to impose;
Provided that an owner who is aggrieved, by a restriction of condition so imposed on the user of his land or by a subsequent refusal of the prescribed authority to cancel or modify any such restriction or condition, may, within such time as may be prescribed, appeal to the Government and the Government shall make such order in the matter as it thinks proper and its decision shall be final.
(2) No person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imp
(1) Notwithstanding anything contained in sub-section (1) of Section 14, the prescribed authority may, at any time, after the land has been cleared and the buildings have been demolished in accordance with the foregoing provisions of this Chapter but before the work of re-development of that land has been commenced by the owner, by order, determine to re-develop the land if such authority is satisfied that it is necessary in the public interest to do so.
(2) Where land has been cleared and the buildings have been demolished in accordance with the foregoing provisions of this Chapter, and the prescribed authority is satisfied that the land has been, or is being re-developed by the owner thereof in contravention of plans approved by such authority or any restrictions or conditions imposed under sub-section (1) of section 14, or has not been redeveloped within the times if any, specified under such conditions, it may, by order determine to re-develop the land:
Provided t
Subject to the provisions of this Act, the Government may, by rules,-provide for or regulate the transfer, and the conditions of such transfer to persons who immediately before the declaration of any slum area to be slum clearance area, were occupying lands or buildings in that area or lands or buildings in such slum clearance area after its re-development.
Where the Government is satisfied that, for the purpose of executing any work of improvements relation to any slum area or any building in such area or for the purpose of re-developing any slum clearance area, or for the purpose of rehabilitating slum dwellers, it is necessary to acquire any land within, adjoining or surrounded, by any such area, it may acquire the land by publishing in the Official Gazette, a notice to the effect that it had been decided to acquire the land in pursuance of this section:
Provided that before publishing such notice, the Government shall call upon the owner or any other person who, in the opinion of the Government, may be interested in such land, to show cause why it should not be acquired; and after considering the cause, if any, shown by the owner or any other person interested in the land, the Government may pass such orders as it deems fit.
When a notice under Section 17 is published in the Official Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published, vest absolutely in the Government free from all encumbrances.
Every person having any interest in any land acquired under this Act shall be entitled to receive and be paid amount as hereinafter provided.
(1) The amount payable in respect of any land acquired under this Act shall be
(2) The prescribed authority shall, after holding an enquiry in the prescribed manner, determine by order the amount payable under sub-section (1) and publish the said order in the Official Gazette, A copy of the said order shall be communicated to the owner of the land and every person interested therein.
(3) Where the owner of the land and the owner of the building on such land are different, the prescribed authority all apportion the amount between the owner of the land and the owner of the building (in the same proportion as the value of the land bears to t
Any person who does not agree to the amount determined by the prescribed authority under sub-section (2) of Section 20 may prefer an appeal to the Court within such period as may be prescribed.
(1) Where several persons claim to be interested in the amount determined, the prescribed authority shall determine the persons who in its opinion are entitled to receive the amount and the sum payable to each of them.
(2) If any dispute arises as to the apportionment of the amount or any part thereof, or as to the persons to whom the same or any part thereof is payable, the prescribed authority may refer such dispute to the decision of the Court and the Court shall in deciding any such dispute follow, as far as may be, the provisions of Part III of the Land Acquisition Act, 1894 (Central Act I of 1894).
(1) After the amount has been determined, the prescribed authority shall tender payment of the amount to the persons entitled thereto and shall pay it to him.
(2) If the persons entitled to the amount do not consent to receive it or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the amount or as to the apportionment of it the prescribed authority shall deposit the amount in the Court, and the Court shall deal with the amount so deposited in the manner laid down in Sections 32 and 33 of the Land Acquisition Act, 1894 (Central Act I of 1894).
When the amount is not paid or deposited on or before taking possession of the land, the prescribed authority shall pay the amount with interest thereon at the rate of five per cent per annum from the time of so taking possession until it shall have been so paid or deposited and such interest shall be paid or deposited by the prescribed authority in the same manner as provided for the amount,
Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, a second appeal shall only lie to the High Court from any decision of the Court under this Act.
(1) The prescribed authority may, for the purpose of carrying out the provisions of Sections 20, 22, 23 and 24 by order require any person to furnish such information in his possession relating to any land which is acquired under this Act as may be specified in such order.
(2) The prescribed authority shall, while holding an enquiry under this Act, have all the powers of a Civil Court, while lying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:--
(2) Where any land is acquired under sub-section (1), the Board may undertake the measures referred to in sub-section (1) of Section 27 in accordance with such plans as may be approved by the Government and subject to such directions as may from time to time, be given by the Government.]
27. Use of land acquired
(1) Where any land has been acquired under tills Act, the Government may under take or cause to be undertaken such measures as may be necessary for the improvement, development, clearance or re-development of the land, or the erection of any building or buildings thereon, in accordance with such plan as may be approved by it
(2) (i) For the purpose of undertaking the measures referred to in subsection (1), the Government may either hold the land under its own control and management and undertake such measures itself or through the Board on such terms and conditions as may be determined by it, or transfer the land to the Local Authority concerned or the Board for the purpose of undertaking those measures.
(ii) Where the land is transferred as provided in clause (i), such land shall vest in the Local Authority concerned or the Board, as the case may be, and the
(1) Subject to section 27, the Board shall form layout on the lands transfered to and vested in it under sub-section(2) or (3) of section 27 by realigning internal roads for easy and convenient movement of the slum dwellers and for improving the hygenic conditions. The Board may undertake all measures necessary for improvement clearance development or redevelopment of such land and erection of building thereon.
(2) The Board may, for the purpose of forming layout under sub-section(1) demolish any structure or building in a slum area in accordance with section 10 and the persons affected by such demolition shall, as far as, may be accommodated within the same slum area and if it is not possible they shall be accommodated in the area available in the adjacent slum area or any other area meant for rehabilitation of slum dwellers.
(3) Subject to such restrictions, conditions and limitati
(1) All cost damages, penalties, charges, rent contribution or any other sum which under this Act or any rule made thereunder are due by any person to the Board be demanded by the prescribed authority by issuing a notice of demand to such person and indicating therein the liability incurred in default of payment, and may be recovered in the prescribed manner if within one month from the date of service of notice, such person does not make payment to the Board;
(2) Any person disputing the demand made in the notice issued under sub-section(l) may prefer an appeal under section 59, within thirty days from the date of service of the notice and the provisions of that section shall mutatis mutandis apply;]
(1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the prescribed authority.--
(2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the prescribed authority in such form and containing such particulars as may be prescribed.
(3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumst
Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section (4) of Section 5 or under sub-section (3) of Section 28 may within such time as may be prescribed, prefer an appeal to the Government and the Government may, after hearing the appellant, decide such appeal and its decision shall be final.
(1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purposes of executing any work of improvement or for the purpose of recreation of the building, the tenant may, within such time as may be prescribed, file a declaration in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be.
(2) On receipt of such declaration, the prescribed authority shall, by order, require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of subsection (3) of Section 31 and after holding such enquiry as it may think fit, provisionall
(1) Where any building in a slum area is let to a tenant after the execution of any work of improvement or after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section.
(2) Where any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of Section 30, the tenant shall be liable to pay to the owner.--
(3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of Section 30,
Nothing in this chapter shall apply or in relation to a tenant of any building situate in slum area and belonging to the Government or the Board or any Local Authority.
33. Establishment of the
(1) With effect from such date as the Government may, by notification, appoint in this behalf, there shall be established a board by the name of the
(2) the Board shall be a body corporate by the name as aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued.
(2) The Board shall consist of,-
No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy in the office of the Chairman or among the other members of the Board or any defect in their appointment.
The conditions of service of the Chairman and other members shall be such as may be prescribed.
(2) The
(3) The Board may appoint such other officials and servant's as it considers necessary for the efficient performance of its functions.
The Commissioner of the Board shall in addition to performing such functions as may be conferred on him by or under this Act or under any other law for the time being in force,-
Provided that, if in the opinion of the Commissioner any resolution of the Board contravenes any provisions of this Act or of any other law or any rule, notification, regulations or bye law made or issued under this Act, or any other law or any order passed by the Government, or is prejudicial or deterimental to the interest of the Board he shall, within fifteen days of passing of such resolution refer the matter to the Government and inform the Board at its next meeting, of the action taken by him and until the orders of the Government on such reference are received, the Commissioner shall not be bound to give effect to such resolution.
(1) The pay and other conditions of service of the Officers and servants of the Board shall be such as may be prescribed.
(2) Where any Officer or servant of the State Housing Board is appointed in the Board, his conditions of service (including conditions as to pay, provident fund, pension and gratuity) shall be subject to such rules as may be made in this behalf by the Government.
No person who has directly or indirectly by himself, or his partner or agent, any share or interest in any contract by or on behalf of the Board, shall become or remain a member or Officer or servant of the Board.
The functions of the Board shall be.--
The provisions of Chapter VII of the Karnataka Housing Board Act 1962 (Karnataka Act 10 of 1963), relating to finance, accounts and audit shall apply, as far as may be, to the Board as the said provisions apply to the State Housing Board.
No person shall be disqualified for being chosen as, or for being a member of the Karnataka Legislative Assembly or of the Karnataka Legislative Council by reason only of the fact that he is the Chairman or member of the Board.
The Board may make regulations in regard to the meetings of the Board and the conduct of business
It shall be the duty of the Board to comply with such directions as the Government may, from time to time, issue either generally or in regard to any particular matter.
With effect from the date of the establishment of the Board, the State Housing Board shall cease to exercise any function under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), in respect of matters dealt with in this Act
(1) All property, assets, rights and liabilities of the State Housing Board shall, in so far as such property, assets, rights and liabilities are relatable immediately before the date of the establishment of the Board to the improvement of the slum area, the clearance of the slum area and the re-development of the slum clearance area, stand transferred to and be vested in the Board.
(2) (a) If any dispute arises whether any property, assets, rights and liabilities stand transferred to and vested in the Board under sub-section (1), the dispute shall be referred to the decision of the Government and its decision shall be final.
(b) Before giving any decision on any such dispute the Government shall give an opportunity to the State Housing Board and the Board to make representations.
(1) All contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the date of the establishment of the Board and to which the State Housing Board is a party, in so far as such contracts, agreements and instruments are relatable to the improvement of a slum area, the clearance of a slum area and the re-development of the slum clearance area shall be of as-full force and effect against or in favour of the Board and may be enforced or acted upon as fully and effectually as if, instead, of the State Housing Board, the Board has been a party thereto or as if they had been entered into or issued in favor of the Board.
(2) If, on the date of the establishment of the Board, any suit, appeal or other legal proceeding of whatever nature by or against the State Housing Board is pending then such suit, appeal or other legal proceeding in so far as it is relatable to the improvement of the slum area the clearance of a slum area and the
Subject to the provisions of Section 46 of the State Housing Board shall, out of its funds as on the date of the establishment of the Board, pay to the Board, such amount as the Government may, in consultation with the State Housing Board specify.
The Government may, by notification, direct that any power exercisable by the prescribed authority under this Act, may be exercised by the Board in such cases and subject to such conditions, if any, as may be specified in the notification and on the issue of such notification, the prescribed authority shall not exercise the power in respect of the matters specified in such notification.
(1) Save as otherwise provided in this Act and subject to the provisions of this section and of any rules made in this behalf, every notice issued or order made under this Act shall.--
It shall be lawful for any person authorised by the prescribed authority in this behalf to enter into or upon any land or building in any slum area or slum clearance area with or without assistance of workmen in order to make any enquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or order made thereunder.
(1) The Government may, by general or special order, authorise any person.--
(2) If, on such inspection, the opening of the ground if found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain, or other work opened, injured or removed for the purpos
(1) Any person authorised by the Government in this behalf may, with or without assistants or workmen, enter on any land within forty-five metres of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or for obtaining access to such work or for any other purpose connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under sub-section (1), state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage, as may be and compensation shall be payable by the Government to the owner or occupier of such land or to both for any such damage whether permanent or temporary in accordance with such rules as may be made.
It shall be lawful for any person authorised by the prescribed authority in this behalf to enter into any place or to open or cause to be opened any door, gate or other barrier.--
No entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as provided in this Act, no land or building shall be entered without the consent of the occupier or if there be no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty-four hour's written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or a work under construction.
Notwithstanding anything contained in this Act, where the prescribed authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of.--
it shall, if satisfied that such eviction is necessary to carry out the purposes of the Act, by order direct the eviction of the occupants from the building, in such manner and within such time as may be specified in the order, and may for that purpose use or cause to be used such force as may, be necessary:
Provided that, before making any order under this section, the prescribed authority shall call upon the occupants of the building to show cause why they should not be evicted therefrom and after considering the cause, if any shown by such occupants, i
The prescribed authority may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order:
Provided that before making any order under this section the prescribed authority shall call upon the person carrying on the trade to show cause why the order should not be made and after considering the cause, if any, shown by such person, it may pass such orders as it deems fit.
(1) Except as otherwise expressly provided in this Act, any person aggrieved by any notice, order or direction issued by the prescribed authority may, within such time as may be prescribed, appeal to the Government.
(2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the notice order or direction appealed against,
(3) On the admission of an appeal, the Government may for sufficient cause order the stay of all proceedings relating to the enforcement of the notice, order or direction appealed against.
(4) No appeal shall be decided under this section unless the appellant has been heard or has had an opportunity of being heard.
(5) The decision of the Government on appeal shall be final and shall not be questioned in any Court.
Where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under Section 14 or of a plan for the redevelopment of any slum clearance, area or in contravention of any notice, order or direction issued under this Act the prescribed authority may, in addition to any other remedy that may be resorted to under this Act, or tinder any law, make an order directing that such building shall be demolished by the owner thereof, within such time not exceeding sixty days, as may be specified in the order, and on the failure of the owner to comply with the order within the time specified, the prescribed authority may itself cause the building to be demolished and subject to the provisions of section 61 sell the materials thereof:
Provided that, before making any order under this section, the prescribed authority shall call upon the owner to show cause why the order should not be made and a
(1) Where the materials of any building demolished by the prescribed authority, under Section 10, Section 13 or Section 60 are sold, the prescribed authority shall apply the proceeds of such sale in or towards payment of the expenses incurred by that authority under that section and pay any surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale. If no such demand is made, such surplus shall be deposited with the Government or authority specified by it.
(2) Any expenses referred to in sub-section (1) if not satisfied out of the sale proceeds of the materials of any building referred to in that sub-section, may be recovered by the prescribed authority from the owner of the building or any other person having an interest therein as arrears of land revenue.
(1) Any person who
(2) Any person who obstructs any person authorised under this Act to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to three months of with fine whi
(1) if the person committing an offence under this Act is a company, every person, who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence,
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer of the company, such Director,
(1) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the prescribed authority.
(2) No Court inferior to that of a magistrate of the first class shall try any offence punishable under this Act.
(1) The prescribed authority may by general or special order either before or after the institution of the proceedings compound any offence made punishable by or under this Act.
(2) When an offence has been compounded the offender if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
Save as otherwise expressly provided in this Act, no Civil Court shall have jurisdiction in respect of any matter which the Government or the prescribed authority is, empowered by or under this Act, to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
The prescribed authority and any person authorised by it under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
(1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made there under.
(2) No suit or legal proceedings shall lie against the Government or the prescribed-authority or any authority or Officer subordinate to the Government or the prescribed authority, for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of this Act or of any rule or order made thereunder.
(1) The Government may, by notification, authorise, any authority or Officer to exercise any of the powers vested in it by this Act (except the power to acquire land under Section 17 and the power to make rules under Section 71), and may in like manner withdraw such authority.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revision by the Government or by such Officer as may be employed by the Government in this behalf. The Government shall also have power to control and revise the acts or proceedings of any Officer so empowered.
The provisions of this Act and the rules made there under shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage, or contract or decree or order of a Court or other authority.
(1) The Government may, by notification and after previous publication make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate--
(1) The provisions of this Act shall apply also to any case or cases in which proceedings have been started before the commencement of this Act for the acquisition of any land in a slum area under the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section referred to as the said Act), but not award has been made by the Deputy Commissioner under Section 11 of the said Act before such commencement, as if.--
(2) Nothing contained in sub-section (1) shall apply in relation to any land unless and until after the Government has published a notice in the official Gazette
Every rule made or notification issued under section 69 of this Act shall be laid as soon as may be, after it is made or issued, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall from the date on which the modification or annulment is notified by the Government in the official Gazette have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule or notification.
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