No: 20 Dated: Dec, 30 1958

THE CALCUTTA SLUM CLEARANCE AND REHABILITATION OF SLUM-DWELLERS ACT, 1958

West Bengal Act XX of 1958

    An Act to provide for the clearance of slums in Calcutta and Rehabilitation of Slum dwellers and for certain other matters connected therewith.

    Whereas it is expedient to provide for the clearance of slums in Calcutta and wherever possible for the erection of planned buildings after demolition of existing huts and other structures in such slums in the manner hereinafter appearing with a view to the removal of insanitary and unhygienic conditions prevailing therein, the provision of better accommodation and improved living conditions for the slum-dwellers, and the promotion of public health generally, and for certain other matters connected therewith;

    It is hereby enacted as follows :-

1. Short title, commencement and extent. - (1) This Act may be called the Calcutta Slum Clearance and Rehabilitation of Slum-dwellers Act, 1958.

(2) It shall come into force on such date as the State Government may by notification appoint.

(3) It shall apply to Calcutta or to such portion or portions thereof as the State Government may, from time to time, by notification declare. The State Government may by notification extend it to any other town or local area in West Bengal specified in such notification.

Explanation. - In this sub-section, "Calcutta" means the area described in Schedule I to the Calcutta Municipal Act, 1951, as deemed to have been amended under section 594 of that Act.

2. Repeal and prohibition of erection or addition or alteration of new hut, etc. - In any area to which this Act applies-

(a) sections 393 to 413 (both inclusive) of, and Parts VIII and IX of Schedule XVI to, the Calcutta Municipal Act, 1951, and sections 335 to 362 (both inclusive) of, and Parts VIII and IX of Schedule XVII to, the Calcutta Municipal Act, 1923, as extended to the Municipality of Howrah by notification No. 260M, dated the 18th January, 1932, by the Government of Bengal in the Ministry of Local Self-Government and sections 334 to 347 (both inclusive) of, and sections E, F and G and Form B of Schedule VI to, the Bengal Municipal Act, 1932, as the case may be, shall stand repealed, and

(b) notwithstanding anything contained in any of the aforesaid Acts, no new hut or collection of huts shall be erected or no addition to, or alteration in, any such hut or collection of huts, shall be made in such area except with the permission in writing of the prescribed authority and subject to such restrictions or conditions, if any, as may be prescribed.

3. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-

(1) "hut" means any structure, no substantial part of which, excluding the walls up to a height of eighteen inches above the floor or floor-level is constructed of masonry, reinforced concrete, ferro-concrete, cemented brick-work, steel, iron or other metal, or any combination of these materials;

(2) "notification" means a notification published in the Official Gazette;

(3) "prescribed" means prescribed by rules made under this Act;

(4) "prescribed authority" means any person appointed by the State Government, by notification, to perform all or any of the functions of the prescribed authority under this Act;

(5) "slum" means any land containing a collection of huts or other structures used or intended to be used for human habitation;

(6) "slum-area" means any area declared as such by the State Government under section 4.