Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971
No: 11 Dated: May, 04 1971
THE TAMIL NADU SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1971
(Act No. 11 of 1971)
An Act to provide for the improvement and clearance of slums in the State of Tamil Nadu.
Whereas the number of slums in certain areas in the State of Tamil Nadu is on the increase and the slums are likely to become a source of danger to public health and sanitation of the said area.
And Whereas under the existing law, it has not been possible effectively to arrest the growth of slums, to eliminate congestion and to provide for certain basic needs such as streets, water -supply and drainage in slums and to clear slums which are unfit for human habitation.
And Whereas to obviate this difficulty, it is expedient to provide for the removal of unhygenic and insanitary conditions prevailing in 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 or developing slum areas, re - developing slum clearance areas and rehabilitating slum dwellers:
And Whereas it is Directive principle of State Policy embodied in the constitution that the State should regard the improvement of public health as among its primary duties.
Be it enacted by the legislature of the State of Tamil Nadu in the Twenty -second year of the Republic of India as follows:
CHAPTER 1
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971.
(2) It extends to the whole of Tamil Nadu.
(3) It should come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of this Act:
Provided that any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions. - In this Act, unless the context otherwise requires. -
(a) "Board" means the Tamil Nadu Slum Clearance Board, established under section 34;
(b) "Building" includes a house, out-house, stable, latrine, shed, hut, wall and any other such structure, whether or masonry, bricks, wood, mud, metal or any other materials whatsoever, but does not include part or machinery comprised in a building;
(c) "Court" means -
(i) in the city of Madras, the Madras City Civil Court;
(ii) elsewhere, the Subordinate Judge's Court having jurisdiction and if there is not such Subordinate Judge's Court, the District Court having jurisdiction;
(d) "erection" in relation to a building includes extension, alteration or re-erection;
(e) "Government" means the State Government;
(f) "land" includes building and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth or permanently fastened to anything attached to the earth;
(g) "occupier" includes-
(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or buildings;
(h) "owner" includes any person, who is receiving or is entitled to receive the rent of any land or building whether on his own account or on behalf and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the land or building were let to a tenant;
(i) "person interested" in relation to any land or building, includes any person claiming, or entitled to claim, an interest in the compensation payable on account of the acquistion of that land or building under this Act;
(j) "prescribed authority" means any authority or person authorized by the Government in this regard, by notification;
(k) "slum area" means any area declared to be a slum area under sub -section (1) of section 3; (1) of section 3;
(l) "slum clearance area" means any slum area declared to be a slum clearance area under section 11;
(m) "State Housing Board" means the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 Tamil Nadu Act XVII of 1961);
(n) "work of improvement" in relation to any building in a slum area includes the execution of any 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 Court-yards;
(viii) removal of rubbish; and
(ix) any other work including the demolition of any building or any part there of which in the opinion of the prescribed authority is necessary for executing any of the works specified above.