West Bengal Slum Areas (Improvement And Clearance) Act, 1971
No: 2 Dated: Jan, 15 1971
THE WEST BENGAL SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1971
No. 2 of 1971
An Act to provide for the improvement and clearance of the slain areas in West. Bengal and for matters connected therewith or incidental. thereto.
In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows:—
CHAPTER -I
PRELIMINARY
1. Short title, extent and Commencement:- (1) This Act may be called the West Bengal Slum Areas (Improvement and Clearance) Act, 1971.
(2) It extends to the whole of the State of West Bengal except the places which are declared as Cantonments under the Cantonments Act, 1924.
(3) It shall not come into force in any area to which this Act extends unless that area has been declared under section 3 to be a slum area and shall come into force in such area
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) "Calcutta Metropolitan , District" means the area described as such in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 ;
(b) "hut" means any structure, no substantial Part of which, excluding the walls up to a height of fifty centimetres above the floor level, is constructed of masonary, reinforced concrete, ferro-concrete„ cemented brick work, steel, iron or other metal or any combination thereof or pre-fabricated materials ;
(c) "intermediary" means a proprietor, a tenure-holder, a lessee or a sub-lessee or holder of any other tenancy interest in land, whether liable to pay any rent or not, but does not include a thika tenant ;
(d) "notification" means a notification published in the Official Gazette ;
(e) "occupier", in relation to any land, hut or other structure, includes—
(i) any person who, for the time being, is paying, or liable to pay, to the owner, the rent or any portion of the rent thereof,
(ii) an owner in occupation of, or otherwise using, such land, hut or other structure,
(iii) a rent-free tenant,
(iv) any person who is a licensee in occupation, and West Bengal ActXIV of 1965.
(v) any person who is liable to pay to the owner damages for the use and occupation of such land, hut or other structure ;
(f) "owner", in relation to a land, hut or other structure, includes any person who is receiving or is entitled to receive the rent of such land, hut or other structure on his own account or on behalf of himself and others or as agent or trustee, or who would so receive the rent or be entitled to receive it if the land, hut or other structure were let to a tenant ;
(g). "prescribed" means prescribed by rules made under this Act ;
(h) "prescribed authority" means—
(i) in respect of any area within the Calcutta Metropolitan District,—
(a) unless otherwise specified by the State Government, the Calcutta Metropolitan Development Authority constituted under section 3 of the Calcutta Metropolitan Development Authority Act, 1970, or
(b) such local authority, having jurisdiction over any slum within such area, as the State Government may,, on the recommendation of the Calcutta Metropolitan Development Authority, specify,
(ii) in respect of any other area, the local authority having jurisdiction over the area or any other authority, empowered by the State Government by notification, to perform the functions of the prescribed authority under this Act in such area ;
(i) "thika tenant" has the same meaning as in the Calcutta Thika Tenancy Act, 1949.
CHAPTER II
SLUM AREAS
3. Declaretion of slum area:- If the State Government is satisfied that the condition of the land, huts or other-structures in any area is such that the continued existence of such conditions would be injurious to public health or safety or to the health, hygiene or, morals of the inhabitants of such area, it may, by notification,, and in such other manner as may be prescribed, declare such: area to be a slum area.