Amendment status not verified — confirm the current text below against the official source.
Power of competent authority to order demolittorJ of huildtngs unfit for human hahitation.-(l) Where the competent authority upon report from any of its officers or .otherwise is satisfied that any building within a slum area 1s unfit for human habitation and 11 not capable, at a reasonable expense, of being rendered so fit, it shall serve upon the owner of the building and upon any other person having an interest m the building, whether as lesc;ee, mongagec or otherwise, a notice to show cause within such time as may be specified thercm ac; to why an order of demolitiOn of the building should not be made. (2) Jf any of the per,ons upon whom a uot1ce has been served under sub-section ( J) appears in pursuance thereof before the competent authority and gives an undutaldng to the authority that such person will, whbin a period specified by the authority, execute such works of improvement in relation to the buildmg as w1ll, m the opinion of the authority, render the building fit for human hab•tatwn, or that it will not be used for human habitatton until the authority, on be.ng sathfied that it has been rend< red fit for tbat purpose, cancels the undertaking, the authority shall not make any order of demolition of the budding. • • ., •• ~· • • 155 (3) If no such undertaking as is mentioned in aub-scction (2) is given, or, if in a case where any 'such undertaking has been given any work of improvetnent t() which the undertaking relates is not carried out within the specified period, or the building is at any time used in. contravention of the terms of the tutdertaktng, the competent nuthority shall forthwith make an order of demolition of the budding requiring that the building shall be vacated within a penod to be specified in the order, not being less than thirty days f10m the date of che order and that it sh.dl be demolished within six weeks after the expiration of that pe1 iod. I 0. Procldure lo be followed where demfJlition order has been made.-( I) Where an onl~r for demolition of a lmildmg under scction 9 has been made, the o Nner of the building or any other pt"rson b.wing an intei'<.'St therein shall demolish that building withJn the time sprcificd m that behalf in the or(let· and if the building is not demolished within such tim~, the competent autho· rity shall enter and demolish the building and sell the materials thereof by public auction. (2) Any expc.nses incUl red · uy the competent auth01 1ty under sub- section (1), if not ~atisficd out of the proceeds of sale of materials of the lmilding, shall be recoverable from the ownct' of the building or any other person bavin~ an in~cre~t tlJercin as :lrree"lrs of public rev~nue due on land and if there i• any balance m the sale proceeds aftrr satisfying such expcJUes, the same shall uc patd to the owne1• or other penon entitled to it. C HAP fER IV SLUM CLEARANCE AND RE-DEVELOPMENT 1 L Powtr to declare a'V' slum area to be a clearance area.-· ( 1) Where the com· petent autho1·ity upon report from. any of its officers or other information in its possession is s.ttisfied as 1 esprcts any slum area that tlie most satisfactory method of dealing with the condttions m the area is the clearance of such area and the dcmolttion of all the buildings therein, the .lutbority shall by an order notified in the Gazette dccl.uc the area to be a slum clearance area, that is to say, an area which has to be cleared and all the bu1ldings tltcrein have to be demolished and removed in accordance with the provi- sions of this Act : · l,rovidc<.l that any part of the shun area or any buildiDg in that area wluch in the opinion of the competent authority is not unfit for hum~n habitation or dangerous or mjurious to puhlic health may be excluded from the declaration iCthe authority considers it necessary : Pt0vidcd further that before making .l dcclaranon under this subsection, the competent authonty shall consult Ute Chiel Town Planner or a.ny Officer of the Town Plannmg Department of the Government authori·sed by the Government iu this behalf. (2} The competent authority shall forthwith transmit to the Collector a copy of the declaration under dus section t.ogetl~cr with a statement of the number of persons who, on a date spec1ficd 111 the statement, wer~ occupying areas and builcl,ngs comprised in the clearr~nce area • • 34/1150/U. • 156 12 . ,~lam. cle(IJ'anct order.- ~ 1) As soon as may be after the compet• I h. authority has declared any slum area to b~ a clearance area, it shall make a slum clearance order in rel::l.tlon to that area ordering the clearance of tl1e area and the demolition of each or the bmldmgs specified therein and • r equiring ·each such butl~ ing to be - vacated within such ttmr as mar be specified in the order and submtt the order 1 o the Collector for confirmation. (2) The Collectm may either confirm the order whhout modification or subject to such variations as he con'>iders nec~ary, or reject the order . (3) A copy of every order passed by the Collector under subsection (2) shall be furnished to the local authonty withi11 whose jurisdiction the slum area in respect of wh1ch such m dcr h.ts been p:.ssed i<; situate. (4) The Government may> on applicatiOn from any person or authot ity aggrieved by an order of the • Collector under subsection (2) , cnll for and exam me the record of that ordc-r fol the purpose of satisfying them· selves as to the tegahty or J..:ropri~cty of such order and may pa~s such order in reference thereto as they think fit: • Provided that the Government shall not pac;s any orde1· unde1 this sub~ section, if the applicatJon ha~ been rccewed after the ex pity of thirty days from the date of the order of the Collector : • ~ ProvJdcd further that no order prcjuchcjaJ to a·person shall be passed under this subsection without giving him an opportunity of bring heard. (5) If the Collector ·Confirms the order of the competent authority • u nder sub-sect!on (J ), the order shall, subject to 'he provision~ of sub- sectjon (4), become operative from Lhc date of such confirmation. (6) When a slum cleatance order hac:; become operative, the owners or the lands and the building3 to which the order appltes shall clear the area and demohsh the bUlldmgs before the cxp1ration of sl.x weeks from the date on which the buildmgs are required by the order to be vacatei or before the expiration of such longer period :1.' iu the ci1 cum~ 11n ccs of the ca'ic the competent autho1 ity m.ty ckem tca<>onable (7) If the slum clearance area is not cleared 01 the buildings are not demolished before the cxptration of the period mentioned in subsection (6L the competent authonty shall enter and clear the area ,md demolish the & buildtngs and S~>llthe matertals thereof by public auc•ion W' (8) Any expenses incurred by the competent au[honly m cle4\ung the area and in demolishmg any building shall, if not satisfi: .. d out of the <Jt proceeds of sale of materials thereof, be rc:cover.able by the competent aut hot ity as arrears of public revenur due on land and if there i~ any balance in the sale proceeds after sattsfymg such expenses, the same shall be 'paid to the ownrr or 'Other person entitled to it. (9) Subject to the provtsions of this .Act, whet c a sl wn clearance order has become operative} the owneJS of the land!» to which the order applies rna.y re-develop th;: lands in accordance wuh plans approved by the competent authonty and subject to such restlictions and c'Jnditions l I • • • - 157 (including n condition ww. rrgard to tl1e time within which the tc· development c;h,tll be completed), if any, as that author~ly may thmk fit to impose: Providrd that an owner who i.:; ;~ggricvcd oy a tcstdction or condition so imposed 0.1 thr Ut\Cr of his land or by a l>ubscquent refusal of the compd- cnt authority to cancel or mod•fr any such lC5triction or con'JitlOn may, within such time a~ may be presc1·ibcd, appeal to the Collector, and tlu~ Collector shall m.tkc s·.lC·h order m the m.ltter as he thinks proper and hi~ deciswn r;;hall be final ( 1 0) No person shall commcnre or causr. to be commenced any work in contra vent ion. of a plan approved or a restriction or condition imposed under subsection {9). 13 . Powtr of ClJmpetent autlzo1ity to te·dtvelop clearauce mea -(1) Notwith- • standing anything contained in sut?section (9) of section 12, the competent authority may at any time after a land has lJeen cleared of bUJldings h accordance with n slum cleatance o1dc1 but hcforc the work of :re-develop- ment of that land has been commenced by the owner by order, determine to rr-develop :the land if that authotity is mtisficd that it is necessary in the pul )lie interest to do so. (2) Where any land has been cleared of buildings in accordance with a slum clea1 ancc order, the competent authol'ity, if it 1s sausfied that the land h.ts been, or is being, 1 c-develop:::d by the owner thereof tn contravention of plant<; nppt ovecl hy the authOI ity or any 1 estuctwns or condJtions imposed undet suh-sectwn (~l) of section 12 or has nnt brrn 1 c-devcloped w1t.hm such time and undct such conditions as may be spccihed by It, may, by ord.,.r, detcnninc to te·dt•velop thr land: P1 ovHkd that before passmg such 01 de1, the owner \hall be gtvcn a tea)Oilable opportunity to show cause why the order should not be passed. CHAPTER v ACQUISITION OF LAND