REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 45] NEW DELHI, TUESDAY, SEPTEMBER 17, 1963/BHADRA 26, 1885
LOK SABHA
The following Bill was introduced in Lok Sabha on the 17th September, 1963: —
BILL NO. 40 or 1963 a bill to amend the Slum Areas (Improvement and Clearance) Act, 1956
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: —
1. (1) This Act may be called the Slum Areas (Improvement and Clearance) Amendment Act, 1963.
Short title and com- mencement.
(2) It shall come into force on such date as the Central Govern- 5
ment may, by notification in the Official Gazette, appoint.
Z. In section 2 of the Slum Areas (Improvement and Clearance) Amendment of section 2.
96 of 1956. Act, 1956 (hereinafter referred to as the principal Act),—
(i) for clauses (e) and (f), the following clause shall be 10 substituted, namely:—
'(e) "occupier" includes—
(a) 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;
15
(b) an owner in occupation of, or otherwise using his land or building;
(c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building;
20
and
(665)
508 G of I Ext.—1.
666 THE GAZETTE OF INDIA EXTRAORDINARY [PART H(e) any person who Is liable to pay to the owner damages for the use and occupation of any land or building;';
(ii) clauses (g), (h) and ({) shall respectively be re-num-
5 bered as clauses (f), (g) and (h);
(Hi) after clause (h) as so re-numbered, the following clause •hall be Inserted, namely:—
1 (i) "work of improvement" Includes in relation to any building in a slum area the execution of any one or more of th" following works, namely:— w
(1) necessary repairs;
(ii) structural alterations;
(Ui) provision of light points, water taps and bath- Ing places;
(it?) construction of drains, open or covered; 15
(t>) provision of latrines;
(trt) provision of additional or improved fixtures or fittings;
(vii) opening up or paving of courtyards;
(viii) removal of rubbish; and
jo
(ix) any other work including the demolition of any building or any part thereof which in the opinion of the competent authority Is necessary for executing any of the works specified above.'.
t. In iectlon 4 of the principal Act,— 25 Am—r1m"m •t Mctlon 4.
(0) to mb-sectlon (1), the following proviso 3hall be added, namely:—
Trovided that where the owner of the building is diff- erent from the owner of the land on which the building stands and the works of improvement required to be execu- _0 ted relate to provision of water taps, bathing places, cons- truction of drains, open or covered, as the case may be, pro- vision of water borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land."; ^
(b) in sub-section (2), after the word "building", the words "or the land on which the building stands" shall be inserted.
SEC. 21 T HE G A Z E T TE OF I N D IA EXTftAO&MNTAftY <$O74. In section 5 of the principal Act,—
tyUMldsM&t
if MCtloO J.
(a) in sub-sections (1) and (2), after the words "owner of the building" wherever they occur, the words "or of the land on which the building stands, as the case may be," shall be inserted;
5 (b) sub-section (3) shall be omitted.
5. After section 6 of the principal Act, the following lection shall be inserted, namely: —
Intcrtion of new (action tfA.
fUttrict'on on building "6A. (7) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in io a slum area except with the previous permission in writing of the competent authority.
(2) Every notification issued under sub-section (/) ihall cease to have effect on the expiration of two years from the data thereof except as respects things done or omitted to be don* I5 before such cesser.
(3) Every person desiring to obtain the permission referred to in sub-section (/) shall make an application in writing to the competent authority in such form and containing such informs* tion in respect of the erection of the building to which the 20 application relates as may be prescribed.
(4) On receipt of such application, the competent authority, after making such enquiry as it considers necessary, shall, bj order in writing,—
(a) either grant the permission subject to auch tern* 25 and conditions, if any, as may be specified in the order; or
(b) refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a reasonabh opportunity to show cause why the permission shoulc -o not be refused.
(5) Nothing contained in sub-section (7) shall apply to—
(a) any works of improvement required to be executed by a notice under sub-section (1) of section 4 or In pursu ance of an undertaking given under sub-section (2) pi MG- ^ tion 7; or
(b) the erection of any building In any area in reaped of which a slum clearance order has been made under sec tion 10.".
668 THE GAZETTE OF INDIA EXTRAORDINARY t^ART II
Amendment
of Mction
lowing sub-section shall be substituted, namely: —
"(7) Subject to the provisions -of this Act, where a slum clearance order has become operative, the owner of the land to which the order applies may re-develop the land in accordance 5 with plans approved by the competent authority and subject to •uch restrictions and conditions (including a condition with re- gard to the time within which the re-development shall be com- pleted), if any, as that authority may think fit to impose:
Provided that an owner who is aggrieved by a restriction or io
5 condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time as may be pres- cribed, appeal to the Administrator and the Administrator shall make such order in the matter aa he thinks proper and his decision j- shall be
tinal.".
7. For section 11 of the principal Act, the following section shall b" substituted, namely: —
Substitution
of new (
section for
section i i.
Powtr of
competent
•uthority to
r"-dev"lop
clearance
uta.
"11. (i) Notwithstanding anything contained in sub-section (7) of section 10, the competent authority may at any time sc- atter the land has been cleared of the buildings in accordance with a slum clearance order but before the work of re-develop- ment of that land has been commenced by the owner, by order, determine to re-develop the land if that authority is satisfied that It is necessary in the public interest to do so. 15 (2) Where land has been cleared of the buildings in accord- ance with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, re-developed by the owner thereof In contravention of plans approved by the au- thority or any restrictions or conditions imposed under sub- 30 section (7) of section 10 or has not been redeveloped within the time, if any, specified under such conditions, may, by order, determine to re-develop the land:
Provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order ^ should not be passed.".
f. To section 13 of the principal Act, the following proviso shall be added, namely:—
Amendment
of lection
13.
"Provided that where on any representation from the com- ' patent authority, the Central Government is satisfied that any 40 *uch land or any portion thereof is unsuitable for the purpose*
Swr. 2} THE GAZfeTtfE OF INDIA E&tRAORDlNAKY 669mentioned in this section, the Central Government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit.".
9. In section 15 of the principal Act, in sub-section (6),— >
Amendment
oftcction
(i) in the first proviso, for the words "in such proportion ' as he considers reasonable:", the words "in the same proportion as the market price of the land bears to the market price of th" building on the date of the acquisition." shall be substiuted;
(ii) the second proviso shall be omitted.
10
be aubstituted, namely:—
10. For section 19 of the principal Act, the following wction "htll j 1
Substitution
of iww
lection foi
•cctioB 19.
"19. (1) Notwithstanding anything contained in any other:
law for the time being in force, no person shall, except with the ; previous permission in writing of the competent authority,—
* (a) institute, after the commencement of the Slum
Proceeding
for "viction
of tewntt
not to bf
t*M" wiiA-
ouvpexm|"-
ilon of tM
competent '
Minority.
Areas (Improvement and Clearance) Amendment Act, 1963, •ny suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or
30
(b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for th" eviction of a tenant from any building or land in such area, execute such decree or order. (2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such par- ticulars as may be prescribed.
(3) On receipt of such application,, the competent autho- rity, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circum- stances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission.
(4) In granting or refusing to grant the permission under "ub-section (3), the competent authority shall take into account the following factors, namely: —
(a) whether alternative accommodation within th" means of the tenant would be available to him if he wer" evicted;
670 THE GAZETTE OP INDIA EXTRAORDINARY [PART n(b) whether the eviction is in the interest of improve- ment and clearance of the slum areas;
(c) such other factors, if any, as may be prescribed.
(5) where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for s such refusal and furnish a copy thereof to the applicant.".
11. For section 20 of the principal Act, the following section shall be substituted, namely:-
Substitution of ntcw •cct'ofi foj icctlon 20.
Appeals.
3 "20. Any person aggrieved by an order of the competent au- thority refusing to grant the permission referred to in sub- section (1) of section 6A or referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeal to the Administrator and the Administrator may, after hearing the appellant, decide such appeal and his decision shall be
final.".
12. After section 20 of the principal Act, the following sections shall be inserted, namely:—1
Insertion of new sections 3.A"ndaoB. R*1 to ration of po^Hcas'on of premises vacated by * tenant.
"20A. (1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose of re-erection of the building, the tenant may, within such time as may be pres- cribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the 25 building, as the case may be.
(2) On receipt of such declaration, the competent authority shall by order require the owner of the building to furnish to it. within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of 30 the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particu- lars, if any, furnished and having regard to the provisions of sub-section (3) of section 20B and after holding such inquiry as it may think fit, provisionally determine the rent that would 35 be payable by the tenant if he were to be replaced in occupa- tion of the building in pursuance of the declaration made by him under sub-section (1).
(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the 4& tenant and the owner.
SEC. 2] THE GAZETTE OF IKTDIA EXTRAOHDINARY 671(4) If the tenant after the receipt of such communication intimates in writing to the competent authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him 5 under sub-section (1), he would pay to the owner until the rent is finally determined under section 20B the rent provisionally determined under sub-section (2), the competent authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or 10 re-erection of the building, as the case may be, and the owner Bhall be bound to comply with such, direction.
Rent of
buildingt
In slum
areas.
20B. (1) Where any building in a slum area is let to * tenant after the execution of any work of improvement or after it has been re-erected, the rent of the building shall be deter- 15 mined in accordance with the provisions of this section.
(2) Where any such building is let to a tenant other than a tenant who is placed In possession of the building in pur- suance of a direction issued under sub-section (4) of section 20A, the tenant shall be liable to pay to the owner—
ao (a) if there Is a general law relating to the con+rol of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law;
(b) if there is no such law in force in such area, such 25 rent as may be agreed upon, between the owner and the tenant.
(^) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 20A. the tenant shall, notwithstanding any law relating to the control 30 of rents in force in the area, be liable to pay to the owner—
(a) If any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely: —
(i) the annual rent the tenant was paying imme- 35 diately before he vacated the building for the purpose of execution of the work of improvement;
(it) seven and a half per cent, of the cost of the work of improvement; and
(Hi) seven and a half per cent, of a sum equivalent 40 t° the compensation payable In respect of any land which may have been acquired for the purpose of effect- Ing such improvement as if such land were acquired
ffn THE GAZETTE otf INDIA EXT*1RACWI1>INARY [PAW nunder section 12 on the date of the commencement of the work of improvement;
(b) if the building has been re-erected, an annual rent of a sum equivalent to seven and a half per cent, of the aggregate cost of reconstruction of the building and the 5 cost of the land on which the building is re-erected.
Explanation.—For the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were ac- quired under section 12 on the date of commencement of the 10 reconstruction of the building.
(4) The rent payable by a tenant in respect of any build- ing under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority re- ferred to in sub-section (5):
J3
Provided that an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the completion of the work of improvement or re-erection of the building, as the case may be.
so
(5) The authority to which the application referred to In sub-section (4) shall be made, shall be—
(a) where there is a general law relating to the control of rents m force in the area in which the building is situate, the authority to whom applications may be made for fixing 15 of rents of buildings situate in that area;
(b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the Central Government and such rules may provide the pro- cedure that will be followed by that authority in determining the rent end also for appeals against the decision of such 35 authority. (6) Where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the 4° tenant shall pay the deficiency, or be entitled to a refund, as th" case may be.".
SEC. 23 t HE GAZETTE OF INDIA £ 3 £ T R A 6 R D M A EY 673
13. In Bection 21 of the principal Act,—
if section
11.
(i) for the words "execution of any decree or order under snj law for the eviction", the Words "eviction under any law*1 shall be substituted;
5 (it) for the words "the Delhi Improvement Trust", the woxds
"the Delhi Development Authority" shall be substituted.
Amendment of s"ctk>tt 27.
14. In section 27 of the principal Act, for the words "No building or land", the words "Save as provided in this Act, no building or land" shall be substituted.
Amendment of section as.
10 15. In section 28 of the principal Act, after the words "specified in the order", the words "and for the purpose of such eviction may use or cause to be used such force as may be necessary" shall be inserted.
16. In section 32 of the principal Act, in sub-section (1), for the 15 words "does any act in contravention of", the words "fails to comply
Amondmou;
of Kctlon
3Z.
with" shall be substituted.
Amendment
of •ecticm
33-
17. Section 33 of the principal Act shall be re-aumbered as sub- section (1) thereof and after sub-section (2) as so re-numbered, the following sub-section shall be inserted, namely: —
Arntndtntot
of section
34.
Insertion of
new section.
37A.
Bar of juris*
diction.
508 G- of I Ext.—2.
674 T HE GAZETTE OF INDIA EXTRAORDINARY [PART IIto be taken in pursuance of any power conferred by or under this Act.".
2b. tn section 40 of the principal Act,—
(i) In sub-section (2),—
Anfeu&ntft ">f Mtotlob 40.
(a) after clause (b), the following clauses shall be insert- 5 ad, namely:—
"('bb) the form in which an application under sub- section (3) of section 6A shall be made and the informa- tion to be furnished and the fees to be levied in respect of such application;
io
{bbb) the manner in which inquiries may be held under sections 15 and 19;";
(b) in clause (d), after the words "be followed", the words "and the factors to be taken into consideration" shall be inserted;
„
(c) in clause (e), for the word and figures "section 20", the words, figures and brackets "sub-section (7) of section 10 (W section 20" shall be substituted;
(d) after clause (e), the following clauses shall be insert- ed, namely:—
30
" (ee) the time within which a declaration may be filed under sub-section (1) or an intimation may be sent under sub-section (4) of section 20A and the fees, if any, to be levied in respect of such declaration;
(ece) the time within which plans, estimates and 25 other particulars referred to In sub-section (2) of section 20A may be furnished;
(eeee) the procedure to be followed by the compe- tent authority for fixing the provisional rent under sub- section (2) of section 20A;
30
(eeeee) the manner in which the rent provisionally determined under section 20A shall be communicated to the tenants and owners;
(eeeece) the matters in respect of which provision may be made under sub-section (5) of section 20B;"; 35
(ii) for sub-section (3), the following sub-section, shall be substituted, namely: —
" (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parlia- ment while it is in session for a total period of thirty days 40 which nray be comprised in one session or in two successive
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 675sessions, and if, before the expiry of the session in which it is 30 laid or the session immediately following, both Housea agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- * after have effect only in such modified form or be "f no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of any- thing previously done under that rule.".
&f6 THE GAZETTE OF INDIA EXTRAORDINARY [PART ITSTATEMENT OF OBJECTS AND REASONS
The Slum Areas (Improvement and Clearance) Act, 1956, wan exacted to provide for the improvement and clearance of slum areas in certain Union territories and for the protection of tenants from eviction in such areas. Experience of the working of the Act has, hewever, revealed certain difficulties. It is, therefore, proposed to amend the Act to remove these difficulties, to facilitate and quicken slum improvement and clearance work, to require owners to restore the possession of the improved and re-developed premises to the previous tenants on payment of a reasonable rent, and to give pro- tection against eviction to tenants such as Amledars of premises in slum areas.
2. The main features of the Bill are:
(a) Unauthorised building activity in slum areas will be prohibited;
(b) The competent authority will have the power to re- develop a clearance area before thig work is commenced by the owner, if it is necessary in the public interest to do so. That authority will also be authorised to undertake re-development work itself if the owner re-develops the clearance area in contra- vention of the plans or delays the re-development work;
(c) It will be obligatory on the owners of slums, who take up improvement or re-development work of their property, to restore possession of the premises to the previous tenants in the improved or re-erected buildings at a concessional rent;
(d) Proceedings for the eviction of tenants in the slum areas will not be taken without the prior permission of the competent authority.
3. The notes on clauses explain the various changes proposed to be made.
NEW DELHI; MEHR CHAND KHANNA.
The Wh August, 1963.
SKC 2J THE GAZETTE OF INDIA EXTRAORDINARY 677PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. HIII-9/1/59-HI, dated the 6th September, 1963 from Shri Mehr Chand Khanna, Minister of Works, Housing and Rehabilitation to the Secretary, Lok Sabha],
The President having been informed of the subject matter of the proposed Slum Areas (Improvement and Clearance) Amendment Bill, 1963, recommends to the House under article 117(3) of the Constitution of India the consideration of the Bill.
<578 THE GAZETTE OF INDIA EXTRAORDINARY [PART IINotes on Clauses
Clause 2.—The definition of 'occupier' has been amplified to include persons who are paying or are liable to pay rent of the land or the building and certain categories of persons in occupation of or other- wise using the land or building so as to facilitate recovery under sec- tion 6 of the Act of expenses incurred in connection with the main- tenance of works of improvement, etc. It is on the same lines as in the Delhi Municipal Corporation Act, 1957.
The definition of 'work of improvement' besides being placed In its proper alphabetical order has been slightly modified to include provision of bathing places.
Clauses 3 and 4.—Sections 4 and 5 of the Act empower the compe- tent authority to require by notice the owner of the building to exe- cute works of improvement to the buildings in slum areas. These have been found to be inadequate in cases where the owner of the land Is different from the owner of the building and certain essential improvements outside the building have to be carried out, which can be done only by the owner of the land. Clauses 3 and 4 seek to amend sections 4 and 5 of the Act suitably to remove this difficulty.
Clause, 5-—Proposed section 6A empowers the competent authority to prohibit for a reasonable period the construction of any building or any'addition or alteration in an old building in the areas declared as slum areas except with its previous permission and on such terms and conditions as may be imposed in this regard. This will facilitate planned improvement of slum areas.
Clauses 6 and 7.—Clause 6 substitutes existing sub-section (7) of section 10 by a new sub-section. This new sub-section effects a change which is consequential to the substitution of section 11 by a new section. Moreover, it has been made clear in" the new sub- section that the competent authority may impose a condition as to the time limit within which re-development shall be completed.
Proposed section 11 consists of two sub-sections. Proposed sub- section (J) confers power on the competent authority to undertake re-development work in urgent cases without giving the owner an opportunity to re-develop the land. Proposed sub-section (2) would apply in cases where the owner has undertaken the re-development of the land himself but the re-development is not being done in ac-
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 675)cordance with the plans or has not been completed within the time specified by the competent authority- In such cases the competent authority may by order determine to re-develop the land. It Is, how- ever, being provided that no such order shall be passed without affording to the owner a reasonable opportunity of showing cause against the order proposed.
Clause 8.—The proposed proviso to section 13 is intended to make
it clear that in cases where land acquired under the Act has become or is found to be unsuitable for the purposes of slum improvement, the Central Government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit.
Clause 9.—Section 15(6) is being amended to make it clear that the apportionment of compensation between the owner of the land and the owner of the building standing on such land would be in the proportion the market price of the land bears at the time of acquisi- tion to the market price of the building thereon. At present the matter is left to the discretion of the competent authority.
Clause 10.—Under section 19, the previous permission in writing of the competent authority is required for the execution of any decree or order for eviction of a tenant from any building In a slum area. Clause 10 seeks to amend section 19 to provide that after the com- mencement of the amendment Act, no suit for the eviction of a tenant from any building in a slum area shall be instituted except with the previous permission in writing of the competent authority. Permis- sion at the commencement of legal proceedings would avoid infruc- tuous litigation. Specific principles for guiding the competent autho- rity in dealing with the applications for the.grant of sanction to sue are laid down. The existing provisions will continue to apply in re- lation to the pending suits or other proceedings for eviction or decrees or orders already passed.
Clause 11.—This seeks to provide also for a right of appeal from orders of the competent authority refusing to grant permission under the proposed section 6A (vide notes on clause 5).
Clause 12.—Proposed section 20A seeks to impose, In the circum- stances mentioned in that section, an obligation upon the owner of a building to replace a tenant, who has vacated the building to facilitate the execution of any works of improvement or the re-erection of the building, after the completion of such works of improvement or re- building. Proposed section 20B provides for determination of rent of buildings in a slum area let out after the execution of any work of improvement or re-erection of the building. In the case of an old
68o THE GAZETTE OF INDIA EXTRAOKDINARY [PART IItenant replaced in possession of the building in pursuance of the provisions of proposed section 20A, a concessional rent is prescribed and in the case of other tenants the provisions of the general rent control law are sought to be made applicable.
Clauses 13 and 14.—The amendments are of a consequential and clariflcatory nature.
Clauses 15 and 17.—Sections 28 and 33 of the Act are sought to be modified by clauses 15 and 17 respectively so as to give power to the competent authority to use minimum reasonable force necessary in the enforcement of orders for vacation or demolition of a building.
Claus£ 16.—The change is of a drafting nature.
Clause 18.—Proposed sub-section (2) of section 36 empowers the administrator to delegate his power of hearing appeals to any officer not below the rank of a district judge-
Clause. 19.—Proposed section 37A provides for bar of jurisdiction of civil courts in respect of matters which the competent authority or any other person is empowered to determine under the Act and fur- ther provides that no court or authority shall have the power to grant any injunction in leapect of any action taken or to be taken in pur- suance of any power conferred by or under the Act. This is to faci- litate speedy execution of slum improvement and clearance work.
Clause 20.—The changes made are mainly of a consequential nature.
SEC. 21 'THE GAZfitTE OF INDIA EXTRAOBDINARY 6&IFINANCIAL MEMORANDUM
Clause 7 of the Bill enables the competent authority to undertake re-development of slum clearance areas himself if he is satisfied that it is necessary in the public interest to do so. He would thus^have greater discretion in undertaking re-development work than under existing section 11. As before, ordinarily, the re-development work would be left to be done by the owners themselves. However, in view of the proposed amendment the competent authority may now undertake re-development work, in a larger number of cases and this may involve additional expenditure. Inasmuch as the circumstances under which the competent authority will exercise his powers are un- certain, it is not possible to state exactly the likely expenditure, though according to present estimates, it is expected to be about fif- teen lakhs per annum.
2. Under clause (5) of proposed section 20B (vide clause 11 of the Bill), final determination of the rent in respect of buildings replaced in possession of the tenants in slum areas will be made by the autho- rities under the general law relating to the control of rents in force in the area in which the buildings are situate; in regard to areas in which no such law is in force, provision is made for prescribing a suitable authority for the purpose by rules. The existing officers of the Government will be prescribed as the appropriate authorities for determining rents in cases where rules are made for the purpose and therefore no additional expenditure is likely to be incurred on this account,
508 G of I Ex" . - 4.
SK.: THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 21M E M O R A I N D U AI J t E G ^ R D I MU D E L E G A T ED L E G I S L A T I ON
C l a uv 20 iif i he Bill a m e u o, sub-cectjon (2) of section 40 o± t h e- Act, to prnp /"ver Ihu Central G o v e r n m e nt to m r kc rules in relation to certain ;iddiu:>ml m a t t e r s. T he a d d i t i o n al m a t t e rs i elate, inter alia, to th% i . nm ij 'vhich an a p p l J c li jn u n d er sub-section (3) of pro^jotSBd section 6A '-hill be m a d e, t he inf rmation to be furnished a nd t he fees to h > \P\ ied in l&spect of such applications, t he m a n n er in w h i ch enquiries ;i v, bj i i ^u nndei- Motion 15 a nd proposed section 19, the udd'.ti jiinl iictorri to be t iltea into con .ideration in g r a n t i ng or •efusinp, nil r-ppliuniion u n d er sun-SPction (1) of proposed section 19, ,he tiirn' within wJiich a declaration m ay be filed u n d er sub-section (1) of proposed section 20A a nd t he fees to be levied in respect of such declarati m, (he procedure to be followed for fixing provisional rent u n d er sub-feution (2) nl" pioposed section 20A. These m a t t e rs p e r t a in In procedure, form or detail a nd as such t he delegation of legislative- p o w er is oi & liormal character.
M. N. K A U L,
Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PTIESS NEW UiLLHl AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI. 1 9 63
- any building to be demolish* ed under sub-section (2), the competent authority may use or cause to be used such force as may be necessary.". 18. Section 36 of the principal Act shall be re-numbered as sub- section (2) thereof and after sub-section (2) as so renumbered, the 3j following sub-section shall be inserted, namely: — " (2) The Administrator may, by notification in the Official Gazette, delegate, subject to such conditions, if any, ↩