The ASSAM SLUM AREAS ( IMPROVEMENT AND CLEARANCE) ACT, 1959
(2) It shall :Rave the like extent as the Prin·

cipal Act.
(3) It shall come into force at once.

-"-mend.ment 2. For Section 30 of the Principal Act the fol-
of Section 30 . . '
of Assam Actlowmg shall be substituted, namely :-

XXIII of

1947.

"Prohibitidn 30. For the purposes of this Chapter, the

Commission· State Government may, by notification in the

er.

Official Gazette, appoint a person to be
###### the Prohibition Commissioner on such salary
as may be determined by the Government.",

.......

Amendment 3. For sub-section (1) of Section 32 of the Prin-;'

~f. ~~~:~nAac~cipal Act, the following shall be substituted,

XXIII of namely :-
1947.

"Prohibition 32. (1) The Commissioner may, by notifi-
Committee. cation in the Official Gazette, constitute for

###### any district or any part thereof a 'Prohibi- tion Committee' consisting of not more than
five persons. He may also, by like notifica-

tion, dissolve or reconstitute any such

Committee."

ASSAM A!JT No. XII OF 1961

THE ASSAM SL UM AREAS ( IMPROVEMENT AN 0 1CLEARANCE)

AOT, 19ii9 .

Received the assent of tbe President on the 22nd April 1961

[Pubiished in the Asram _Gazette,_ Extr,iordinary, dated the 5th .May 1961]

CONTENTS

CHAPTER !.-Preliminary

Sectio11

l Shmt)itle, extent and commencement.
2 Definitions.

<JHAPTER II.-Constitntion o'f the Council

3 Constitution of the Slum Areas (Improvement and

Council.

4 Resignation of non-official members.
5 Term of office.
6 Commencement of the term of office of non-official members;

7 Removal of non-official members.                          -

8 . Filling of casual vacancies.
###### 9 ConstiLUtion of Lhe Authority.


-----

CHAPTER III.- Slum **areas**
Section

10 Declaration of slum areas.

CHAPTER IV.-Slum **improvement**

11 Power of Authority to require improvement of buildings and/or land
unfit for human habitation.

12 Enforcement of notice requiring execution of works of improvement.

**la** Expenses of maintenance of works of improvement, etc., to be reco-

verable from occupiers of buildings.

**14** Power of authority to order demolition of building unfit for human

habitation.

15 Proced ure to be followed where demolition order has been made.

CHAPTER **V.-Slum** **clearance** **and** **re-development**

16 Power to declare any slum area to be a clearance area.

**J 7** Slum clearance order.

18 Power of Authority to redevelop clearance area or any part

thereof.

CHAPTER VI. **-Acquisition of** **land for** **slum clearance** **schemes**

19 Power of State Government to acquire land.

20 Land acquired by the State Government to be made available to

the Authority.

**21** Right to receive compensation.

22 Basis for determination of compensation.

23 Apportionment of compensation ..

24 Payment of compensation or deposic of the same in Court.
25 Powers of Authority in relation to determinition of compensation,

etc.

CHAPTER . VIL-Appeals **and Appellate Authority**

26 Appointment of Appellate Authority.

27 Du ti~s of the Appellate Authority.

28 Procedure of working of the Appellate Authority.

29 Right to appear by recognised Agent.

30 Protection of action taken under this Act.

CHAPTER VIII.-Finance

31 Development Fund.
32 Powers. to borrow.
**S3** Grants, Advances and Loans.

# .. CHAPTER IX.-Legal proceedings

    - 34 Penalty for breach of the provisions of the scheme.
35 Power to execute works on failure to _comply_ with notice.
36 Righ t of occupier to execute works in default of owner.

37 Recovery of cost of work by the occupier.

38 Procedure upon oppo3ition to execution hy occupier.

39 Penalty for obstructing con tractor or removing mark.


-----

Section.

40 Officers under the Act to be public servants.
41 Authority for pwsecution.
42 Power of Authority to institute proceedings, etc., and to take legal

advice.

43 Bar to suits and prosecutions in certain cases.
44 Punishment for malicious abuse of powers.
45 Registration of documents, plans, or maps m connection with a

scheme.

46 Order under the Act not to be questioned in any Court.
47 Effect of orders inconsistent with other enactments.

CHAPTER X

Miscellaneous provisions

48 Service of notice.
49 Method of giving public notice.
50 Formal defects in assessments and demands .

51 Power and duties of police in respect of offences and assistance to

authorities.

RTE ASSAM SLUMJ(AREAS tIMPROVEMENT

AND CLEARAl\CE) ACT 1959

An
Act

to provide for lthe :improvement and clearance
###### of slum areas in towns and country sides of the
State '>f Assam

Preamble, Whereas it is expe ... ient tu improve and/or clear

the slum areas in the State of Assam on sound
planning principles with the object of securing

proper sanitary conuit1ous, to comerve and promote.

the publ:c health, ~afet} and geno 21 welfare of the
people;

###### It is hereby enacted in the Tenth Year "f the

Republic of India as follows:-

CHAPTER I

Preliminary

Short title, 1. ( l) Thi:. Act may be called the Assam Slum
extent and Area (Improvement and Clearance) Act, 1.959.
con.mence-

ment.

( 2 ) It sha'l extend to tne whole of Assam:

Provided that if any Jistrict Council desir:s that

all or any of the p.0vhio 11s of this Act should ~ ppl .

to 1he Autonomous District concerned, a notification
may be issued to that effect and _this A.ct shall


-----

then extend to that Autonomous District subject to
such exceptions or modifications a3 may be specified

in the ontification.

( 3 ) It shall come into force on such date as
the State Government m iy, by notification in the
Official Gazette, appoint.

Definitions1 2. In th:s A:t, u'.llr.ss there ij anythin~ 1epugnant

in the subject or context:- -

( 1 ) "Authority" shall mean the Local or Regional

Authority appointed by the State G:wernment the
purpose of administering the Act Unless otherwise
appoi nted by the State Gwernment, the Authority
in the case of Municipal areas shall be taken to

mea u the Municipal Bt>ard and Town C )mmittee Assam Aet

for the area constituLed unaer he A5sam Municip.:tl XV of 19 57 .

Act, 1956.

( 2 ) "Co1mcil" means the Assam Slum Areas

(Improvement and Clearance ) Advi [0] ory Council

C·Jqs•ituted under Section 3 of this Act.

(3) "Building" means any construction for whatso-

ever purpose and of whatsoever materials cor.structed
and every part thereof, whether used as · human

habitation or not and includes plinth wall, chimney,
drainage work, fixed platform. verandah, balcony,

cornice or projection, or part of a building or
anythi ng affixed thereto or any wall, earth 'bank,
fence or other const::uction enclosing or delimiting
or intended to enclose or delimit any land or space.

(4) "Director" means Director of Town and Coun-

try Planning or any other officer ::ippointed by the
State Government.

(5) "Work of im i:: rovement" includes in relation to
any building in a slum area the execution of any _·om:_
or more of the following w:>rks, namely:-

(i) necessary repair ;

_(ii)_ structural alteration ;

(iii) provision of light point and water tap ;

_(iv)_ construction of drain, ooen or covered :

(v) provision of latrine ;                   -

_(lli)_ provision of additional or improved fixture
or fitting ;

_(vii)_ opening up or paving of Courtyard ;
_(viii)_ removal of rubbi~h ; an<l . _/_


-----

_(ix)_ any other work including the demolition

of any building or any part thereof which
in the opinion of the authority is neces-
sary for executing any of the works speci-
fied ah0ve.

(6) "Occupier" includes an owner in occupation of

or otherwise using h!s own land or building.

(7) "Owner" includes any person who is receiving or

is entitled to receive the rent, compensation or pre-
mium of any building or land whether on his own
account or on behalf of hiIPself and others or as
agent or -trustee, or who would so rf'.ceive the rent
or be entitled to receive it if the building or land
were let to a tenant.

(B) "Open space" means any land whether enclosed
or not, on which not more than one-twentieth part
is covered with buildings and the whole of the remain-
der has been la id out as a public garden or used for
purposes of recreatbn or lies waste and unoccupied.
_(9)_ "Prescribed" means prescribed _by_ rules m ade
under this Act

(10) "Keci nstituted pl ;t" m ·ans a plot which is
in any way a1te1 eel by )he making of a Scheme.
(11) "Road" means and includes any highway,
street, lane, pathway, :illcy, passageway, carriage-

way, footway, square, bridge whether private or
public, whether thoroughfare or not, whether existing
or pro posed in any scheme and includes all bunds,
channels_, ditches, drains, culverts, side walks and
traffic islands.

(12) "Slum clearance" means the clearance of any

slum area by th e demolition and removal of buildings
therefrom .

CHAPTER II

**Constitution** **of the** **Council**

Corutitu- 3. (1) The State Government may constitute, by
tion of t"e a noti&cation in the Official Gazette, the Council con-

Slum Areas sisting of the following members to advise Government
ment (Improve-cl an on matters referred to it by the Government: -
Clearance)
C mncil, ( i) Minister-in-charge of

Chairman.

Town and Country
Planning.

_(ii)_ Director of the Town

Secretary.

and Country Plan-
ning Department.

_(iii)_ Secretary, T<"'wn am!

Member.

Country Planning

Department.


-----

; _(iv)_ Chief Engineer, Public Member.

Works Departmen t
(R. & B ) or his no-

minee.
( v) Director of Housing Do

_(z•i)_ Public Health Engi- Do

neer or his nominee.

_(vii)_ Secretary, Local Seif- Do

Government or his
nominee.

_(viii)_ Secretary, Finance Do
De partment or bis
nominee.

_(ix)_ Secretary, Revenue Do
Department or his
nominee.

(~) Six members half of Do
whom shall be elec-
ted by the State

Legislative Assembly
and half 1 ominated
by the State Gowrn-

ment.

(ii) Such numb er of r< pr o:sentative of loca l

Author1ties falling wichin the area not

exceediug to as may be co-opted by the
Council, by notification, publi3hed in the
Official Gazette.

(2) Five o f the membe . s a•tending ariy meeting of
the Coanci! shall for,n the quorum for the pur pose
of transacting the busir.e ,s uf that meet ing of the
Council.

(3) All members of the Council including the co-

opted mem bers- shall have one vote each and th .!
Chair man 5hall liave a casting vo,e in case of equa·
lity of d:vision, in addition to his own vote.

r (4) ;,Nothing done by the Council in its meeting
shall ~be h eld to be invalid because of any vacancy
in ;the seat s~of the nominated er eiected members
or the absen ce of any of the members.

i'J(5) The Chairman shall preside over the meetings
of the Council and in his absence the memb er3

present shall elect one among themselves to be the

Chairman for that particular meeting.

R [· ] tlo    - 4-. Any non-official member may at any time resign
es1gof na non· n h' :s • _ o ce, ffi prov1 'd e.,. ~ t h at h' is re~1gnat. 1. on s a h II not
offi c i a I take effect until accepted by the State Govel'nment.
members,

T of 5. The term of office of any non-official member

~mcc. '     - ll· o.rdinarily be_ three yea rs ~ 1


-----

Provided **that** in case of member3 representing the

Legislature or the Local Authorities, t ieir terms of
office shall terminate as soon as they cease to be
memb ~ rs of such Legislature or "Local A·~thority

concerned.

Comm en- 6. (1) T he term of office of non-official members

c~ment of shall commence on such date as may be notified in

~feo~~;~ct h e Officiai Gazette in this behalf by the State

non-official Government

members.
(2) A person ceasing to be member> by reason of
the ex;:.. iry of his term of 0ffice as described it:

Section 5 shall be eligible for re-nomination or re-
election. .

Removal of **7.** The St<:.te Government may r~move from the

non-official Council any member who -

member ~ .

(a) refuses to act, or beco,nes incapable of

acting or ahsents hirn<elf from three

conse~cutive meetingc he Council and is

nnable to expl .                                         - 1 ab~ en ce to the
sat sfaction oi' 1he

or

(b) has so flagrantly abuseJ in any manner his

p ositkn as a member of th e Council as to
render his c ni'nurnce detrimenta l to the
public iaterest :

Provided that when the St.at~ G; 1ernn. enl proposes

to take action under the for~~oing provisions of the

                                                        - ecti.c n, an opportunity of e·{planati-Jn sha I be; gi\ en
to the member conce;ncd a i1d when sue h action is
taken the reasons thereof shall be pla c ~d en r ecord .

Filling of 8. **(1)** When the place ofa m~nb ~r becomes vacant

camal va- for any reamn, such va :.rncr sh:ill ln filed up in the
cancies. manner it was ordinarily fi lled.

(2) The term of office of l member nominated or

eL:cted or co•.lpted unrler s·1b->ect1on ( l), shall be the
remainder of the term of office of the member in
whose place he has been nominated or elected or
co-opted.

. . 9. (1) T h:! State G wernment may constitute by

~~n~~!u,.t'~~ notification in -the Official Gazette an >\uthority for

thority. the_purp'lse of carrying out the purpo~ es of this Act.

**'I**
(2) The State Government may frame rnles in order
to en 1ble the Authority to carry out the functions and                                                - · ~

dutie11.


-----

CHAPTER lII

**Slu:rn** **Areas**

Declaration 10. (l) Wnere th e State Government upon report
of Slum from the Authority or other intormation in its posses-
Areas. sion, is satisfied in respect of an y area that the build-
ings in that area·-        -

(a) are in any re~pect unfit for human
habi tation ; or

(b) are by reason of dilapidation, over-er owd-
ing, faulty ar rangement and design of such
buildin'!s. narrowness or faulty arrangement
of streets. Jack of ventilation, light or

sanitatio ·1 facilities. or any combination of
some or all of these factors, are detrimental
to safety, health or morals of the people
of the area ;

###### it may, by notifi cation ira the Official Gazette,
declare mch area to be a slum ate:i.

(2) In determining whether a buildin~ is unfit for
human habitation for the purpose of this Act, regard
shall be had to its condition in respe: t of the follow-
ing matters, that is to say -

(a) rep:iir,

(b) stability,
(c) freedom f1om damp,
(d) natural light and air
(e) water sunr1ly,
(f) drainag sanitary conveniences ,
(g) faciJiti' · 1[torage, p '][ eparatioo ] [and ][cook-]
ing o and for the disposal of waste

waterf

-/"

and the building shall be deemed to be unfit as afore-
said if it is so defec.tive that it is not reasonably
suitable for occupation in that condition,

CHAPTER lV

**Slum** **improvement**

A [Phow~r ] [_]of 11. (1) iV hen the Authority is s~tisfied that ~ny
ut onty to b ·id· d/ I d . I . .
require im- UI mg an or an m a s um area is in any respect
roveme n t unfit for human liabitation, it may, unless in its
f buildings _oi;in;on the building and/or land is not capable at
nd/or land a reasonable expense of being rendered so fit, serve

:~an h:~r- upon the owner of th: bui '.di rig and /or land a notice
talion. requiring him within such time _nnt_ being less than
thirty days as may be specified in the notice, to
execute the works of ii!iprovement specified therein


-----

(2) In addition to serving a notice .under this
section on the owner, the Au t hori~y mav serve a copy
of the notice on any other person having an interest
in the building and/or land whether as lessee, mort.
gagee or otherwise.

Enforcement 12. (I) If a notice und er Section 11 requiring the
of !lo~ic e owner of the building anr /or land to execute the
requ1r ~ n g works of improvement is not complied with , then, after
execut1 fwo ks on oft h e expiration ·                                                              - o f t e h peno · d spec1 "fi ec.1 '"' in t e · h

?mpr ~ v c- notice, the Authority may itself do the works required

1;0ent. to be done by the notice.

(2) All expt~ nse s incur red by the Autho rity und er
sub-section (l), may be recovered by the Authority
from the owner of the bui !ding and /or land as arrear
of land revenue.

(3) If the owner of the building and/or land is
different 'from the person who owns the land on which
the building and/or land stands and the expenst'S
incurred by the Autho rity under this section are
recoverable from both those persons, then, such
expenses shall be recovered from them in such propor-
tion as may be determined by the Authority or by
an officer empowered by the Authority in this behalf.

Expenses of 13. ~he re ~o rk ~ of improvement. h~ve. been exe-

maintenance cuted m relat•on to any land or building m a slum
of works of area in pursuance of th e provisions of Sections 11
imp tr [0 ] vte· and 12, the expenses incurred _by_ th ~ Authority, in
men ' e c., . . h h . f . k f
to be reco- connectio1 Wll t e maintenance o su.:-h wor s o
ve r able improvement or the enjoyment of amenitie> a nd

from . the_ convenien ce rendered possible by such work s, shall

obc<:udf![1]ers [01 ] be recovera b '.e from occupier or occupiers of the
1
U1 mgs. I an d or b m "ld' wgs as arrear o f I an d revenue.

Power of 14. ( 1) When the Authority is S:ltisfied th -t any
Authority to building within a slum '.lrea is unfit for_human h>bita•

~r~er demo-f tion and is not capable at a reasonable expense5 of
ht•on o b • d d fi . h 11 h
building un- exng ren ere so t, it s a serve upon t e owner

fit for of the building, and upon an'; o!her person having

human habi- an interest in the building, whether as lessee, mort-
tation. gagee or otherwise, a notice to show cause, within
such time as may be specified in the notice, as to
why an order of demolition of the huilding should
not be m 1de.

t2) If any of th~ persons up:m who m a notice has

been served under sub-section (1 ) appears, in pur··
suancc thereof, before the Authodty and gives an
undertaking to the Authority tbat such person shail,
within a period specified by the Authority execute
such works of imp:·ovement in relation to the building
as will, in the opinion · of !he Authority, rende1 the


-----

building fit for human habitation, and that it shall not
be used for human habitation until the Authority on
being satisfied t hat it has been rendered fit for thal

purp ose, the Authority shall withdraw the order of
demolition oJ the building.

(3) If no such undertaking as is mentioned in

sub-section (2) is given, or if in a case where any
such undertaking has been given, any work of
improvemen t to which the undertaking relates is not
carried out within the speci.fiej period or the building
is at any time used in contraven rion of the terms
of the undertaking, the Authority mav forthwith make
an order of demolition of the building requiring that
the building shall be vacated within a period, to be
specified in the order, not being less than thirty

days from date of receipt of the order, and that it
shall be demolished within six weeks after the expira-
tion of the period.

Procedure 15. (I) Where an order for demoliti0n of a

to he fo llow- building under the preceding section has been made,
d ed mol'tion 1 where t e ownh er o f t h e b • u1 td mg · or any ot h er person

o~der has having an interest therein shall demolish that building

been made. within the Lime specified in that behalf by the _o : der_
and if the building is not demolished within that
time, the Authority shall enter and d t"molish the
J..., :Jding and sell the materials th~reof.

J) Any expenses incurred by the authority under
-section (I J, if not satisfied out of the proceeds of
le of materi als of the building, shall be recoverable
from the owner of the building or any other person
having an interest therein as arrear of la nd revenue ;

Provided that this sub.section shall not apply in a
case when the owner himself is the occupier.

CHAPTER V

**Slum** clearance and **re-development**

Power to 16. (1) When the State Government upon a report
declare any from the Auth ority or other inform; tion in its
slum b area eossession, is satisfied in respect of any slum area

~leara:ce a that the most satisfactory method of dealing with
area. conditions in the area is the demolition of all the
buildings in the area, it shall by an order notified
in the Official Gazette, declare the area to be a clea-
rrancc: area, tha t is t '.> say, an area to be cleared of
all buildings in accordance with the provision of
this Act:
Provided th~t any building iri t}ie area which is
not unfit for human habitation or dangerous or inju-
rious to health may be excluded from the declaration
###### if th_e Authority so recommends.


-----

###### 92

(2) The State Government shall forthwith transmit
to the Authority ' a copy of the declaration under this
section.

(3) After an area has been declared to be a clea-
rance area, the State Government shall ask the
Authority to prepare a developmerit scheme for that
area and to submit the same to the State Government
for its approval within a period of six months from
such declaration. The State Government m                                     - refuse

to approve or approve' with such modification as
###### it may deem necessary, for the implementation of
the object of this chapter.

(4) The State Government on approval of the
development scheme shall publish it in the Official
Gazette and it shall become l')perative from the date
of such publication.

Slum clea- 17. {l) As soon as may be, after the State

rance order

Government has decl red any slum area to be a
clearance a1ea, the Aut.hority shall make a slum
clearance order in relation to that area ordering the
demolition. of each of the building specified therein
and requiring, each such building to be vacated within
such time as may be specified in the order.

###### '
(2) When a slum clearance order ha s become
operative, the owners of buildings to which the
order applies shall demoli~h the building1 b~fore the
expiration of six . weeks from the date on which the
buildings are required by the order to be vacated
or before the expiry of such longer pe1iods in the
circumstances of the case the Authority may deem
reasonabie.

(3) If the buildings are not demolished before
the expiry of the period mentioned in sub-section
(2) the Authority may enter and demolish the buildings
and sell the ID'.lterials the-reof after expiry of the
period of the order.
( 4) Any expem;es incurred by the Authority in

demolishing any building shall, if not eatis!Jed out of
the proc{eds of sale of materials thereof be recoverable
by the Authority as arrears of land revenue:

Provided, however, the expenses not covered by
the sale proceeds shall not be recoverable when the
owner is himself the occupier.
(5) When a slum clearance order has become
operative, no land to which the order applies shall
be re-developed except in accordance with the
scheme approved by the State Government and
except in accordance with the conditions contained in
the scheme:


-----

###### 93

Provided that an owner who is aggrieved by a
restriction of condition so imposed on the use of
his land or by a subsequent refusal of the Authority
to cancel or modify any such restriction or condition,
may appeal to the Appellate Authority whose decision
shall be final.

(6) No pe rson shall comrrence or cause to be
commenced any work in contravention of the scheme
approved or a restriction or condition imposed under
sub st'ction (5):

Provided if any work is commenced, the person

concerned may be evicted and no fresh notice shall
be necessarv for demolition of such wo::- k or eviction
of such per~on .

Powe~ of 18 (1) When the land has been cleared of

Authority to b 'Id' . d      - h I I d
redev e I 0 p u1 mgs in accor ance wit a s um c ea ranee or er,
clearance the Auchority may at, any time after the expiry of
area or any twelve monihs from the date on which the order

p~rt there- becomes oi:erative, acquire and re-dPvelop any land
0

             - which on the date of the making of the order has not
been, or is not in the process of being re-developed by
the owner thereof in accordance with the scheme
approved by the State Government and . any resfric-
tions and conditions imposed under sub-section (5)
of Section I 7.

(2) The Authority may also decide to acquirr.:

land within, adjoining or surrounding clearance area
which in its opinion is necessary for the purpose of
improvemrnt and re-development of a clearance area.

CHAPTER VI

**Acquisition** **of** **land for** **slum** **clearance**
**schemes**

        - Power of 19. ( 1) Where on any representation from the

State · Go- Authority it appeears to the State Government
verni;rienlt tod that, in order to enable the Authority to execute
acquire an k f .     - 1 · b 'Id'
any wor o improvement m re at1on to any m mg
in a slum area or to re-develop any clearance area it
is neeessary that Jand within, adjoining or surrounded
by any such area should be acquired, the State

Government may acquire the land by publishing in
the Official Gazette a notice to the effect that the
State Government has decided to acquire the land
in pursuance of this Section :


-----

Povided that, before publishing such notice, the

State Government may call upon the owner of, or
any other person who, in the opinion of the State
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 State
Government may pass such order as it deems fit.

(2) When a notice as aforesaid is published in the
Official Gazette, the land shall on and from the
date on which the notice i' so publishe.:l, vest abse>.
!utely in the State Government free from all encum·

brances.

Land ac- 20. Where any land in a slum area or clearance
quired by area has been "lCquired under this Act, the State

State Gt to- Government shall make the land available to the
vernmen o .                                -                                - f
be made Authority for the purpose of execuunz any work o.

available to improvement or carrying out any order of demolition

t~e Autho- or for the purpose of re-development.

rity.

Right to 21. Every person having any interest in any land

receiv~ c•m- acquired under this Act shall be entitled to receive
pensation. from the State Government compensation as provided
hereafter in this Act.

. d 22. (1) The amount payable as compensation in

~car:i~:tio:· respect of any land acqu~red ~mder this Act shall
of compcn- be an amount equ'll to sixty times the net average

                                         - tion. monthly income actually derived from such land
during the period of five consecutive years immediate-

ly preceding the date of publication of the notice
rt>ferred to in Section 16.

(2) The net average monthly _income referred to
in sub-section (1) shall be calculated on the following
###### basis:-
(i) The Authority shall first determine _the_ gross
rent actually derived by the owner of the
land acquired including any building on
such land during the period of five conse-
cutive years referred to in sub-sect ion (1).

_(ii)_ For such determination the Authority may
hold any local inquiry and obtain, if neces·
sary, certified copies of extracts froni the
property tax assessment books of · the muni-
cipal or other local authority concerned
showing the rental value of such land.

(iii)' The net average monthly income referred
o in sub-section (1) shall be sixty per cent


-----

of the average monthly gross rent which
shall be one-sixtieth of the gross rent during
the five consecutive years as determined
by the Authority under paragraph _(i)._
_(iv)_ Forty per cent of the gross monthly rental
referred _to_ above shall not be taken into
consideration in determining the net average
monthly income but shall be deducted in lieu
of the expenditure which the owner of the
land would normally incur for payment of
any property tax to the municipal or other
local authority, for collection charges, in-
come-tax or bad debts as well as for works
of repair and maintenance of the buildings,
###### if any, on _ the land. ·

_(v)_ Where the land or any portion thereof has
been unnccupied or the owner has not been
in receipt of any rent for the occupation of
the land during the whole or any part of the
said period of five years, the gross rent shall
be taken to be the income which the owner
would in fact have derived if the land had
been leased out for rent during the said
pericd, and· for this purpose the rent actually
derived from the land during a period prior
or subsequent to the period during which
it remained vacant or from similar land in
the vicinity shall be taken into account.

(3) The Authority shall, after holding an inquiry
in the prescribed manner, determine in accordance
with the provisions of sub-section _(2)_ the net average
monthly income actua:ly derived from the land and

publi~ h a notice in the official Gazette specifying
the amount s ) determined and calling upon the owner
of the lanrl and every person interested therein to
intimate to it before a date specified in the notice
whether such owner or person agrees to the amount
10 determined and if he does not so agree, what
amount he claims to the net average monthly income
actually derived from the land.

(4) Any person who does not agree to the amount
of the net average monthly income determined by
the authority under sub-section ( 3) anrl claims a sum
in excess of that amount may prefer an appeal to
the Appellate Authority within thirty days from the
date specified in the notice referred to in that sub-
se tion.

(5) On appeal, the . Appellate Authority shall,
after hearing the appellant, determined the net
average monthly income and his determination shall
be final and shall not be questioned in any court
9flaw,


-----

(6) Where there is any buildi.ng on the land in
respect of which the net average monthly income
has been determined no separate compensation shall
be paid in respect of such building:

Provided that where the owner of th~ land and the
owner of the building on such land are different, the
Authority shall apportion the amount of compensation
between the owner of the land and the owner of
the building in such proportion as it considers reaso-
nable:

Pr0vided further that the compensation in respect
of _the_ building shall _not in any_ case exceed fifty per
cent of the total amount of compensation which has
been determined in accordance with the provisions of
this Section.

Apportion- 23. (1) Where severil persons claim to be interested

meat of in the amo:.1nt of compensation determined un::le r

c~mpensa- Section 22, the Authority shall determine th e persons

tion. who in its opinion are entitled to receive compensation
and the amount p1yable to each of them.

(2) If any dispute arises as to the apportionment
of compensation or any part the1·, of, or as 'to the
persons to whom t i: e same or any part thereof is
payable, the Authority may refer the dispute to the
decision of the Appellate Authority and the Appellate
Authority in deciding any such dispute shall follow,
as br 'as may be, th ~ provisions of Part III of the
Land Acquisition Act, 1894. l of 1894.

Payment of 24.(1) After the amoui:t of compen~ation has be~n

compeI)sa- determined, the Authority shall on behalf of tne

tion. or St~te Government, tender payment of, and pay the
deposit <?f compe . sation to the person entitled thereto.
the sa ; em
Cour.
(2) If the persons entitled to compensation do
not consent to 1eceive it, or if there be any dispute
as to the title to receive compensation or as to
the apportionment of it, the Authority shall deposit
the amount of the compensation in the court of
the District Judge and that the court shaH deal
with the amount so deposited in the manner laid
1 of 1894
ct own in Sections 32 and 33 , of the Land Acquisi-

tion Act, 1894.

Powers_ of. 25. (1 \ The Authority mav, for the purposes of
Authority md . . l                                 -                                 -                                 -                                 - .
relation to etermrnmg tie amo~nt o 1 compensatwn or apport1on-
determina-ment thereof, reqmre, by order, any person to
tion o~ com-fu1 nish such information in hh possession as may
pensation, be specified -in the order,
etc.


-----

(2) The Authority shall, wl1ilt: holding inquiry          - ·'

under section 22 have all the powe!·s of civil court       - · ·

while trying a suit under the Code of Civil Proce-
dure, 1908, in respect of the       - following matters, v of 1908 · · ,
###### namely:-

_(a)_ summoning and enforcing the attendance
of any person and examining him on oath;

_( b)_ requiring the discovery and p1 oducti::m of
any document;

_(c)_ reception of c::vidence on affidavits;

_(d)_ 'requisitioning any public record from any

court or office;

\

_(e)_ issuing commissions for examination of
witness.

CHAPTER VII

**Appeals** **and** **the** **Appellate** **Authority**

Appointment 26. (1) Save as otherwise provided, the State

/ t~P:~llateGovernment 0 1 shall appoint an Appellate Authority .

u Y· to hear all appeals arising out of the provisions of

this Act. The decision of Appellate Authority sha 11
be final.

(2) The person or persons appointed _by_ the State

Government as Appellate Authprity shall have the
qqalification of a District and Sessions Judge. The
appointmer.t shall be on such term3 and conditions , .... . +
as the State G:>Vernment may decide.

Duties ofthc 27. (l) The duties and powers of the Appell.:itc
Appellate A h . 1 11 b _r_ II
Aathority. ut onty s 1a e as 10 ows :-

(a) to hear and decide appeal& against the
orders of the Authority;

_(b)_ to d<'.:cide and hear appeals in respect ot

such other matters and exercise such other
powers as may be entrusted to and conferred
upon it by the State Government i11
accordance with the provision of this Act.

(2) All appeals to the Appellate Authority shal1

       - be _filed wichin_ a month from the date of _the_ order
appealed against. The time required for taking out
copies of the order shall be excluded. The Appellate
Authority may however in its discretion condone
any delay in filing appeal for sufficient reasons .

## •


-----

Proce~ure of 28. (I) The Appellate Authority shall cond uct

working the Appel· of 1 •t s procee ings m t e pd'                                              - h rescn 'b e d m anner <.. f ter g1v· · mg
late Autho.the opposite party or any one interested in the
rity. order appealed against an opportunity of being
heard.

t2) The Appellate Authority may, at any time, call
for any extract from any proceedings before the
State Government or Authority and call fo r any
return or statement or report concerning or connected
with any matter pending before it.

(3) The Appellate Authority shall have a ll the
powers of a Civil Court for the purposes of taking
evidence on oath and of enforcing the attenda nce
of witnesses including the pa1·ties interested or any
of them and compelling the production of documents
and material objection if considered necessary.

('4-) The Appell ate Authority in its discretion may

make any orders regarding the costs to be paid
by any of the parties to t he prnceedings and the
Appellate Authority shall                                     - ave full powers to deter-
mine by whom or out of what property and to
what extent such costs are to be paid and the
Authority shall be bound to execute the orders of

the Appellate Authority in accordance with the

directions, if any con tained in the order.

Right to ap. .
pear by re. 29. Every party to any proceedmg before the
cogniscd Appellate Authority shall be entitled 10 appear
Agent. either in person or by his recognised agent.

Protection of . .
action taken 30. (1) No smt, prosecution or other legal pro-

under this ceedings shall lie against any person for any-
Act. thing which is in good faith d -:-ne or intended
to be done in pu rsuance of this Act or any or-
der made ther eunder.

(2) S ave _ as ot herwise expres ~ ly provided in

this Act no suit or other legal proceeding shall
lie again st the S tate Governme nt for any da-
mage caused or likely to be caused by anyth'ing
in good fai th d one or intended to be done in
pursuance of this Act or any order made

thereunder.

CHAPTER VIII

l•.inance

°f:~~~men t 31. The receipt of Authority under this Act.
shall form a separa te deve lopment fund a nd
all expenditure under this Act, · ·-: any deve lop-
ment scheme thereunder, sha .: be defrayed


-----

###### out of such fund. No portion of the fund shall,
 except with the sanction of Government, be expended for purposes not provided by this

Act.
32. Authority as defined in this Act shall be IX of 1914.

Powers to deemed to be a local authority as defined in
bonow.

###### the Local Authorities Loans Act, 1914 for the
 purpose of borrowing money under that Act,
 and the making and execution of a plan and

scheme shall be deemed to be work which

###### such local authority is legally authorised to carry out.

33. The Government may make such grants,

Grant, ad- advances, and loans to the Authority as the

vances and
loans. Government may deem necessary for the per-

###### formance of functions of the Authority under
 this Act issued all grants.

 CHAPTER IX

 Legal proceedings

b~~:;~t~/~be 34. (1) When an area has been declared to be
provisions of a slum area or a slum clearance area under
the scheme. this Act, any person who commits or knowing-
###### ly permits a breach of any specified provision

of the re-development or improvement scheme
###### or who neglects or fails to comply with any such provisions shall be punishable under this Section.

(2) In case of any such breach or default the Autho-

rity shall send to any such person a notice calling on
him to discontinue the breach or cause it to be discon-
tinued or to comply with such provision of the re-deve-
lopment or improvement scheme within a reasonable
time to be spec~fied in the notice.

         - (3) If after such time any such person under sub-

section (1) continues to neglect or breach, such person
shall on conviction, be punishable by any or all of the
following:-

{i) with fine which may extend to Rs.500 with

or without simple imprisonment not exceed ..

ing a period of two months ;

_(ii)_ if the breach, neglect or failure continues after

such conviction, with fine which may extend
to Rs.30 for every day during which the

breach, neglect or failure continues after such

conviction.


-----

Power to 35. If a notice has been given under this Act to a
execkute person requiring him to execute a work in respect of
wor failure s on to any property, mova bl e or 1mmova e · bl or to prov1 e ·d or

oniply with do or refrain from doing anything within a time speci-

notice. fied in the notice and if such person fails to comply

. , . with such notice, then the Authority may cause such
work to be executed or such thing to be provided or
done and may recover all expenses incurred by it on
such account from the said persons as an arrear of land
revenue.

Right of 36. Wnen default is made by the owner of a building

occupier to or land in the execution of any work required under
execute . this Act to be executed by him, the occupier of such

;~:~It [10 ]f building or land may, with the prior approval of the

0 Authority aft.er serving notice to the owner cause such
**owner.**
works to be executed.

Recovery of 3 7. When the occupier of a building or land in com•

~os\ot work pliance with a notice issued under this Act, executed

oie~. e occu- a work for which the owner of such building or land
is responsible, either in pursuance of the contract of
tenancy or by law, he shall, in the absence of any
contract to the t:ontrary, be entitled to recover from
the owner by deduction from the rent paya ble by him
or otherwise the reasonable cost of such work.

Procedure . 38. (I) If, after receiving notice in writing or the

11;ron opposi- intention of the owner of any building or land to take
t10n cut' on to eY.e• b~· any actLOn · m ·· respect t h ereo f · m co mp 1. lane-: wit · h a

occ~pier.                                        - notice issued oncier this Act, the occupier refuses to
allow such owner to take action, the owner, may apply
to a Magistrate of the First Class for taking necessary
action

(2) The M agistra ti! upon proof of such refusal may
make an order in writing requiring the occupier to
allow the owner to execute all such works, with
respect to such building or land, as ·may be necessary
for compliance with the notice, and may also, if he
thinks fit, order the occupier to pay to the owner the
costs relating to such application or order.

(3) If after the expiry of eight days from the date
of the Magistrate's order, the occupier continues to
refuse to allow the owner to execute such work, the
occupier shall be liable, upon conviction, to a fine
which may extend to Rs.30 for every day during
which he has so continued to refuse.                                    -

_ .( 4) .Every owner, during the continuance of such
refusal, shall be discharged from any liability on
account of such breach or default.


-----

101

Penalty for 39. If any person-
obstructing
con tractor or
**removing** _(a)_ obstructs or as~aults any person with whom
mark . the Authority has entered into a contract for

the performance or execution by such person

of his duty or of anything which he is em-
powered or required to do under this Act ;
or

_(b)_ removes any mark set up for the purpose of

indicating any level or direction necessary to
the execution of works authorised under this
_Act,_ shall be punishable with fine which may
extend to Rs. 500 or with or without simple
imprisonment for a term which may extend
to two months

40. Every officer and servant of the Authority and

Officers every other officer employed by the State Government

uncJcv the for the purposes of this Act, shall lie deemed to be a
Act . to be public servant within the meanino- of Section 21 of the XV of 1860
pubhc ser- I d " p C d "'
vants. n 1an enal o e.

   - Authority 41. Unless otherwise expressly provided, no court

f?r prosecu- shall take cognizance of any offtnce punishable under

tion · t is h" A ct, except on t e h comp I · · amt o , f or upon imorma-· _r_

tion received from, the Authority or some person autho-

_"iised_ by the Authority by orders in this behalf.

Powe:- of
Authority to

institute

proceedings, 42. The Authority shall subject to rules framed

etc., and to nuder this Act have powers to-
takc legal
advice.

(a) institute. defend or withdraw from legal pro-

ceeding~ under this Act ;

_(b)_ compound any offence under this Act before
the matter is referred to the court ;

(c) admit, compromise, or withdraw any claim
made under this Act ; and

_(d)_ obtain such legal advice and assistance as it
may, from time to time, think necessary or
expedient to obtain for any of the purposes,
referred to in the foregoing clauses of this
Section for securing the lawful exercise or

. discharge of any power or duty vested in or
imposed upon the Authority or any officer
or servant of the Authority.


-----

Bar to suits 43. (I) _No_ suit, prosecution or other proceeding

an~ pros;- shall lie against an Authority or any officer or servant
cut10ns certa in cas~s in t h ereo t• or any person actmg • un d er t h · eir d. irect1on · or

any Governmen t Officer or servant employed for the
p ., rposes of this Act, for anything which is in good

lai th done in pu1 suance of this Act, or any rules made
thereunder.

(2) No suit, prosecution or other proceedings shall
lie against any officer or servant of the Authority or
any Government Officer or servant employed for the
purposes of this Act for anything done under this
###### Act-

_(a)_ unless th~ previous sanction of the State

Government has been obtained ;

_(b)_ and until the expiry of two months after no-

tice in writing has been given to the person to
be sued, clearly stating the cause of action,
and the nature of relief sought, etc.

Puniohment 44. The Authc·rity or any officer or servant of the

or malici- Authority or of the Government who wilfully or negli-

ofus 0 aebusc gen tJy abuses any power conferred on him by or under
pow rs. t is h. A ct, s a h 11 b e pumsha · hi e wit · h · impnsonment · w ic h. h

may extend to two months or with ilne which may

extend to Rs. 500 or with _both:_                                 -

###### Provided that no prosecution shall be in-
 stitu ted under this Section-

(a) unless the previous sanction of the

###### State Government has been obtained;
and

(b) until the expiry of two months notice

###### in writing has been given to the r-1erson
concerned clearly stating the cause of
action and the nature of relief sought,
etc.

Re~· : tration
of docu- 45. (1) Nothing in the Indian Registration Act, XV of 1908

ments, planq 1908 shall be deemed to require the registration
or maps in of any document, plan or map prepared, made
con ncction or sanctioned in connection with a scheme which

with a has come into force.

Scheme.

(2) All such documents, plans and maps

###### relating to· the sanctioned scheme shall, for the

purposes of Sections 48 and 49 of the Indian Re-

###### gistration Act, 1908 be deemed to have been and
to be registered in accordance with the provi-

siens of that Act:


-----

Provided that documents, plans and maps

relating to the scheme shall be accessible to the
public, free of charge in the manner prescribed.

Order under 46. No order made in exercise of any power

the Act i:ot to conferred by or under this Act shall be called
be questioned. t ·     - t     - · d ·
in any Court.in ques 10n ln any court excep as prov1 e m

. this Act.

Effect of 47. Any order made under this Act shall have

   - or~ers in~on_effect    - notwithstanding anything inconsistent

si~tent with therewith contained in any enactment other than
other tnact• th " A t    - t t. h    - ff t b    - t
ment. . is c or any ins rumen av1ng e ec y vir ue

of any enactment other than this Act.

1                       - · CHAPTER X

Miscellaneous Provisions

Servi c~ of
notice. 48. Every notice issued under this Act shall be

served as prescribed by rules.

g~~t;~~bft 49. Subject to the provisions of this Act, every

notice. " public notice required under this Act shall be

deemed to have been given if it is published in
some local newspapers (if any) or a paper of gene-
ral circulation in the area and posted upon a no-

tice board to be exhibited for public information
at the building in which the meetings of the local
authority are ordinarily held or by publishing it
in Official Gazette.

Formal de· 50. No assessment list or other list, notice or other

feet in as· such document specifying, or purpo1 ting to spe ~ify
sesdments with reference to <iny charge, or fee, any person's

d~rnan.ds. property, thing or circumstances shall be invalid only
by reason of a clerical or technical mistake in the
name, residence, place of business or occupation of
the person or in the description of property, thing or

circu mstanc~s and it shall be sufficient if the person,

property, thing or circumstances is described sufficient-
ly for the purpose of identification, and it shall not

be necessary to name the owner or occupier of any
property liable in recpect of the charge.

    - • ·• . 51. Every police officer, mauzadar or offi cer of

Pd~w1 [,.][ er ] [·][rand ] [the ] [Local ] [Authority ] [shall give imme.diate information ]
u1esopo- h. f _er_   - 1 · k
lice in res- to the Aut onty o an ouencc commg to 1rn now-

pect of off- ledge which has been committed under this Act, or

en~es 5515 and against any rule, made under this Act and shall

aA htan~tC: to be bound to assist all members, officers and servants

ut or1 1e1. . h h . . h     - f h · I _r._ l
of t e Aut onty m t e exercise o t eir _awiu_

Authority.


-----

Decision
disputes be- 52. Should a dispute arises between one Authority
tween and any other Authority on any matter in which
Authorities. they are jointly interested, such dispute shall be refer-

red to the State Governmt:!nt, whose decision shall be
final.

Powers to en-
ter into land 53. For the purpose of making or execution of
or Inspec- any Ir:iprovement or Re~development Scheme, the
tion, etc. Authonty or persons appomted by the State Govern-
ment, their subordinates and contractors, may, after

giving notice, enter into or upon any land, in order:-

_(a)_ to make any inspection, survey, measure-
ment, valuation or enquiry ;
( b) to take levels ;

_(c)_ to dig or bore into the sub-soil ;
_(d)_ to set out boundaries and intended lines of
work;

_(e)_ to mark levels, boundaries and lines by

marks and cutting trenches; or

###### (f) to do any other thing, whenever it is neces-

sary to do so, for any of the purposes of
this Act or any rule made or scheme sanc-

tioned hereunder or any scheme which
the local authority intends to frame here-
under :

Provided as follows :
_(a)_ except when it is otherwise specially
provided by the rules no such entry shall
be made between sunset and sunrise;

_(b)_ except when it is otherwise specially pro-

vided by the rules, no building which is
used as a human dw:!llin~ shall be so enter-
ed, unless with the consent of the occupier
thereof, without giving the said occupier
at least 24 hours' previous notice in writing
of the intention to make such entry ; and

' I _(c)_ due regard shall always be had, so far as

may be compatible with the exigencies of
the purpose for which the entry is made,
ro the social and religious usages and customs
of the occupants of the premises entered.

Mode of 54. A copy of receipt, application, plan, notice,
proof of the order, entry in a register, or other document in t1e
t rhecorAds e ut hof o- posse3sion of the authority -shall, if duly certified , by the

rity. lawful keeper thereof or other person authonsed by the
Authority in this behalf be received. as Prima facie evi-
dence of the entry or document and shall be admitted

as evidence of the matters and transactions therein
recorded in every case where, and to the same extent as,
the original entry or document would, if produced,
have been admissible to prove such matters.


-----

Powec ?fthe 55. The Authority shall be competent to make

Authority to any agree ment with any person in respect of any

ma!~sagrce- matter, which is to be provided for in a scheme and.
me  - unless it is otherwise expressly provided therein, such
agreement shall take effe ct on and after the day on
which the scheme comes into force.

Powers of 56. (1) The State GovernmentCshall have powers to

the State make rules for carrying out the purposes of this Act,

Go~r~ment and such rules shall be lai d before the Assam Legis-
to maKC  - A bl
ruleJ. lat1ve ssem y.

(2) l n particular and without prejudice to the

generality of the foregoing powers, the State Govern-
ment shall have power to make rules in respect of
the following - rnatt~rs :-
( i) The                   - manner of publication of the

notification regarding schemes, their modi-

fications, variations, revocations, submission
and sanction by the State Government.

(•.) Powers that may be delegated to any Autho-

rity established under this Act or to any
officer.

(iii) Procedure to be adopted for securing co

operation of various Government Dep at t·
mcnts, the owners or other persons or bodies

interested in schemes.

(iv; All matters pertaining to land acquisition

inciuding procedure and making of awards,
compensation and the possession of land
by authority in ordinary and emergent cases.

_(v)_ Procedure of filmg, hearing and

deciding ob jections and appeals un-
#### __ ..:ier the Act and all matters connect--

###### ed therewith.

(vi) The delegation of powers to and the

###### duties that sh all be discharged by the
Director and the matters on which
###### and the m anner in which he shall be
 consultee!.

(vii) Matters other than those referred to

###### in f9regoing clauses which are
 expressly or by 'implication required or. allowed by this Act to be pres- cn bed by r ules and other matters in
 respect of which the Act makes no
provision or insufficient provision is
###### in the opinion of the State Govern~
 ment, necessary.


-----

Power ~r the. 57. (1) The Authority. may, from time to

Authontyto time, at a meeting which shall be expressly con-

make bye-l d f h" h d                                   -
laws vened for the purpose, an o w ic ue notice

                                                           - shall have been given, frame bye-laws not

###### being inconsistent with this Act or the rules
 made thereunder, regarding-

(i) land subdivision and Jayout of public
###### street,

(ii) width for different classes of public

###### streets according to the nature of
traffic to be carried thereon,

(iii) street, lanes and setting back of build-

ings from the regular line o the
str.eet,

(iv) zoning regulations prescribing the

###### type or description of building which may or may not be, and t he pur pose for _which a building m ay or may not
 be created, in any pr escribed area or areas,

(v) regulation and display of advertise-

###### ments in the interest of amenity, aesthetic sense or public safety,

(vi) regulations in any manner not speci-

fically provided for in this Act, the
###### erection of any enclosure, wall, fence, tent or other structure on any land within the limits of the scheme.

(2) The power to make bye-law under this

###### Act shall be subject to the condition of previous
publication.

(3) No such bye-law shall come into force

###### until it has been confirmed by the State Govern- ment.

(4) The State Government may withdraw

###### their confirmation of any such bye-law and thereupon the bye-law shall cease to have
effect.


-----

