REGISTERED No. D. 221
THE GAZETTE of India a
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 65] NEW DELHI, WEDNESDAY, DEC. 18, 1963/AGRAHAYANA 17, 1885
LOK SABHA
The following Report of the Joint Committee on the Bill to amend the Slum Areas (Improvement and Clearance) Act, 1956 was pre- sented to Lok Sabha on the 18th December, 1963: —
COMPOSITION OF THE JOINT COMMITTEE
Lok Sabha
Shri M. Thirumala Rao—Chairman
MEMBERS
2. Shri Dinen Bhattacharya 3. Chodhury Brahm Perkash 4. Shri Yudhvir Singh Chaudhary 5. Shri Ganapati Ram 6. Maharani Gayatri Devi of Jaipur 7. Shri Shiv Charan Gupta 8. Pandit Jwala Prasad Jyotishi 9. Shri Narayan Sadoba Kajrolkar
10. Shri Mehr Chand Khanna 11. Shri Mohan Swarup 12. Shri P. S. Naskar 13. Shri Kashi Nath Pandey 14. Shri Sidheshwar Prasad 15. Dr. P. Srinivasan 16. Shri Naval Prabhakar
( 1 0 1 7)
813 G of I Ex.—3.
10t8 THE GA£Etf"I*E OB1 Htt>tA EXtfftAOltDINAlfcY [PART it
Rajya Sabha
17. Mirza Ahmed Ali
18. Shri Dheram Prakash
19. Kakasaheb Kalelkar
20. Shri Piare Lai Kureel Urf Talib
21. Shri N. Sri Rama Reddy
22. Shri Santokh Singh
23. Kumari Shanta Vasisht
24. Shrtmati Tara Ramchandre Sathe.
DHAFTSMEN
1. Shri V. N. Bhatia, Joint Secretary and Draftsman, Ministry
of Law-
2. Shri R. V. S. Peri Sastry, Deputy Draftsman, Ministry of
Law,
REPRESENTATIVES OF THE MINISTHY
1. Shri Prem Krishen, Joint Secretary, Ministry of Works,
Housing and Rehabilitation.
2. Shri R. F, Isar, Joint Secretary, Ministry of Works, Hous-
ing and Rehabilitation.
3. Shri Savitri Prasada, Housing Commissioner, Ministry of
Works, Housing and Rehabilitation.
SECRETARIAT
Shri G. V. Mirchandani—Under Secretary.
SEC 2] THE GAZETTE OF INDIA EXTRAORDINARY 1019REPORT OF THE JOINT COMMITTEE
1. the Chairman of the Joint Committee to which the Bill* to amend the Slum Areas (Improvement and Clearance) Act, 1956, mis referred, having been authorised to submit the report on their behalf, present this their report, with the Bill as amended by the Committee annexed thereto.
2. The Bill was introduced in Lok Sabha on the 17th September, 1963. The motion for consideration of the Bill was moved in Lok Sabha by Shri P. S. Naskar, Deputy Minister in the Ministry of Works, Housing and Rehabilitation, on the" 21st November, 1963. An amendment to the motion for reference of the Bill to a Joint Com- mittee of the Houses was moved by Shri Naval Prabhakar on the 21st November, 1963 and was discussed and adopted on the same day-
3. Rajya Sabha discuesed and concurred in the said motion on the 2nd December, 1963-
4. The message from Rajya Sabha was reported to Lok Sebha on the 3rd December, 1963.
5. Th" Committee held four sittings in all.
6. The report of the Committee was to be presented by the 9th December, 1963. As the Committee felt that it would not be possible for them to complete their work by that time, they, at their first sitting held on the 7th December, 1963, decided to ask for an extension of time for presentation of their report upto the 18th December, 1963. Necessary motion was brought before the House and adopted on the 9th December, 1963.
7- At their first sitting held on the 7th December, 1963, the Com- mittee decided to invite memoranda/representations from public bodies and associations by the 11th December, 1963 and to issue a press communique for the purpose.
•Published in the G&zetw of India, Extraordinary, Part I I, Section 2, dated the "7th September, 19S3.
1020 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
8. At the first sitting of the Committee some members desired to visit a few slum areas and improvement projects undertaken by the Government in Delhi in order to familiarise themselves with the problem. Nine members of the Committee accordingly visited on the 13th December, 1963 certain slum areas, transit camps end improvement projects undertaken in Delhi.
Curing their visit to the slum areas etc., the members questioned in detail the officers and others concerned whom they met and elicited first hand information regarding the areas involved, faci- lities at transit camps, approximate cost of, and time likely to be taken in completing, the respective improvement projects and other connected matters.
9. Four memoranda/representations on the Bill were received by the Committee from different associations and public bodies.
10. The Committee considered the Bill clause-by-clause at their second and third sittings held on the 14th and 16th December, 1963, respectively.
11. The Committee considered and adopted their report on the 17th December, 1963.
12. The observations of the Committee in regard to the changes proposed in the Bill are detailed in the succeeding paragraphs.
13. Clause 2.—The proposed definition of the term 'work of improvement' has been elaborated lo include, besides 'provision of latrines', 'conversion of dry latrines into water-borne latrines' as well.
The term 'land', which has been used in the principal Act as well as in the amendments thereto proposed in the Bill, has been defined on the lines of the definition of that term contained in the Land Acquisition Act, 1894.
14. Clause 12.—The Committee feel that the increased annual rent liability of the tenant in respect of a building in e slum area let to him after the execution of any work of improvement, to the extent of seven and a half per cent of the cost of the work of improvement and the cost of land acquired for the purpose and, the annual rent liability, if the building has been re-erected, to the extent of seven and a half per cent of the cost of reconstruction and the coat of land, Is on the high side and beyond the means of slum dwellers to pay. The Committee have, therefore, reduced the same, in cases where
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1021any wurk of improvement has been executed, to six per cent of the cost of the work of improvement and the cost of land acquired for the purpose, and in cases where the building has been re-erected, to four per cent of the cost of reconstruction and the cost of land.
The cteuse has been amended accordingly.
15. Clause 18.—The Committee feel that in the proposed sub-sec- tion (2) of Section 36, for the words 'a District Judge1 the words 'an Additional District Judge' be substituted to make it clear that dele- gation may be made to an Additional District Judge also.
16. The Joint Committee recommend that the Bill, as amended, be passed.
NEW DELHI; M. THIRUMALA RAO,
The 11th December, 1963. Chairman,
Joint Committee.
IO22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
MINUTE OF DISSENT
While agreeing with the objects of the proposed Bill, I would like to have the following suggestions considered since in my opinion certain provisions in the Bill are contrary to the objects.
Clauses 6 and 7.—For quick and effective execution of the work of slum clearance and redevelopment, the procedure open to the Competent Authority is by way of direct acquisition of the entire area and redevelopment according to a proper plan. The law at present does not provide for this and it was anticipated that any amendment of the present Act would take this major factor into consideration. Unfortunately, however, the proposed amending clause also ignores this aspect and on the contrary perpetuates the earlier weakness of the Act in that the first opportunity of redevelop- ment is given to the owner-
In clause 7 the intention is only for exceptional cases and that also is limited to circumstances where the owner does not commence the work of redevelopment of land according to the Plan.
In my opinion, clause 6 should be altogether deleted because no slum clearance or redevelopment can feasibly be done by any pri- vate owner of the land which is already open. As such I would suggest to provide in the amending Act the direct acquisition and redevelopment of the slum clearance area by the Competent Autho- rity in the first choice.
There is another important aspect, viz., where will the existing occupants of the building go and reside during the transitory period? Whose responsibility is it to give them alternative accommodation to which they are supposed to shift in view of the redevelopment of the area? In this case I suggest that a clear provision should be made for the interim accommodation.
In any scheme of redevelopment of the area, a substantial per- centage of the existing population will be rendered surplus to be housed elsewhere. Under the amending clause 6 giving the first choice to private interests to redevelop the land, it is not clear an to the fate of this population rendered surplus not only with regard to transit camps but also for permanent resettlement.
Sale 2] THE GAZETTE OF INDIA EXTRAORDINARY 1023All these factors will indicate that redevelopment of any slum clearance area can only b1? achieved by the Competent Authority directly acquiring the area and assuming the responsibility for transit camps and resettlement of surplus families. My suggestion is therefore to provide such procedures in the amending Bill.
Clause 12 and other consequential clauses.—Provisions In clause 12 not only leave large population on the road without accommoda- tion in transit camps but also that the entire procedure for replace- ment in occupation of the building after the completion of the work will subject them to sufficient risk even after the owner has recons- tructed or redeveloped the area. The procedure for determination of the rent would cause additional and prolonged litigation. Besides, in case, the owner backs out of the commitment made at the time of vacation of the present tenements and after re-construction lets out the premises to somebody else, there is no provision whereby under the Law the owner can be compelled to take back these very tenants. Prosecutions can serve no useful purpose worth it.
Situation obtaining in Delhi reveals that plots leased out under Jhuggi Jhonpri Scheme were transferred to non-allottees and also tenements built for Slum Dwellers were either rented out to non- allottees as sub-tenants or in the case of hire purchase, allotments transferred to non-allottees.
I therefore suggest that provision should be incorporated in the Statute against any sub-letting or transfer of ownership of tenements or plots allotted to the slum dwellers with necessary penal clauses.
NEW DELHI; DINEN BHATTACHARYA.
The 18th December, 1963.
t024 T^E GAZETTE OF INDIA EXTRAORDINARY tPABT it
Bill No, 40B of 1963
THE SLUM AREAS (IMPROVEMENT AND CLEAR- ANCE) AMENDMENT BILL, 1963
(AS REPORTED BY THE JOINT COMMITTEE)
[Words side-lined or underlined indicate the amendments suggested by the Committee; asterisks indicate omissions.^
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.
2. In section 2 of the Slum Areas (Improvement and Clearance) Amendment of section 2. Act, 1956 (hereinafter referred to as the principal Act),— $6 of 1930.
(i) for clauses (e) and (f), the following clauses shall be substituted, namely: — 10
'(e) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to any- thing attached to the earth;
(f) "occupier" includes—
15 (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;
(6) an owner in occupation of, or otherwise using his land or building;
20
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building;
and
S K. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1025(e) any person who is liable to pay to the ownet damages for the use and occupation of any land or building;';
* * * *
5 (ii) after clause (1), * * * the following clause shall be
inserted, namely: —
'(j) "work of improvement" includes in relation to any building in a slum area the execution of any one or more of the following works, namely: —
10 (i) necessary repairs;
(il) structural alterations; (Hi) provision of light points, water taps and bath- Ing places;
15
(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;
20
(vii) opening up or paving of courtyards; (viii) removal of rubbish; and (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 thf* works specified above.'.
25 3. In section 4 of the principal Act,— Amendment of section4
(a) to sub-section (1), the following proviso shall be added, namely: —
30
"Provided 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- 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";
35
(b) in sub-section (5), after the word "building", the words "or the land on w+iich the building stands" shall he inserted.
813 G of I Ex—2
1026 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
4. In section 5 of the principal Act,—
Amendment of section 5.
(a) in sub-sections (7) 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;
(b) sub-section (3) shall be omitted. 5
5. After section 6 of the principal Act, the following section shall be inserted, namely: —
Insertion of new section 6A.
10 Re"trlction on building, etc., in alum ire"i.
"6A. (7) The competent authority may, by notification in the Official Gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority.
15 (2) Every notification issued under sub-section (7) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser.
20 (3) Every person desiring to obtain the permission referred to in sub-section (7) shall make an application in writing to th" competent authority in such form and containing such informa- tion in respect of the erection of the building to which the application relates as may be prescribed.
(4) On receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing,—
(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or 25
(b) refuse to grant such permission:
Provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused.
30
(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 (7) of section 4 or in pursu- ance of an undertaking given under sub-section (2) of sec- tion 7; or
35
(b) the erection of any building in any area in respect of which a slum clearance order l^as been made under sec- tion 10.".
g*c. i] fME GA^ETtfE OF INDIA EXTRAORDINARY 10276. In section 10 of the principal Act, for sub-section (7), the fol-
lowing sub-section shall be substituted, namely: —
Amendment ol section 10.
5
"(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 with plans approved by the competent authority and subject to such 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:
10
15
Provided that an owner who is aggrieved by a restriction or 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 as he thinks proper and his decision shall be final.".
7. For section 11 of the principal Act, the following section shall
be substituted, namely: —
30
Substitution of new section for Section 11. Power of- competent authority to re-develop clearance area.
"11. (1) Notwithstanding anything contained in sub-section (7) of section 10, the competent authority may at any time after 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.
25
30
(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 contravenilon of plans approved by the au-
thority or any restrictions or conditions imposed under sub-
section (7) of section 10 or has not been re-developed within
the time, if any, specified under such conditions, may, by order,
determine to re-develop the land:
35
Provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order should not be passed.". I
8. To section 13 of the principal Act, the following proviso shall
be added, namely: —
Amendment of section 13.
40
"Provided that where on any representation from the com- petent authority, the Central Government is .satisfied that any such land or any portion thereof is unsuitable for the purposes
io2g THE GAZETTE OF INDIA EXTRAORDINARY [PART II
mentioned 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 .oLsect'on
5 (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 the building on the date of the acquisition." shall be substituted;
(ii) the second proviso shall be omitted.
10. For section 19 of the principal Act, the following section shall 10 be substituted, namely: —
Substitution of new section for tectlon 19.
"19. (I) 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
15 Proceedings for eviction Df tenants not to be taken with- out permis- sion of tn" competent authority.
Areas (Improvement and Clearance) Amendment Act, 1963, any 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
20
25 (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the 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° (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 vas 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 sub-section (3), the competent authority shall take into account the following factors, namely: — 35
(a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted:
&SC. 2] THfi GAZETTE OF INDIA EXTRAORDINARY i$i$(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
(5) where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for 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:—t i
Substitution
of new
section foi
icction 20.
Appeal*.
10
"20. Any person aggrieved by an order of the competent au- thority refusing to grant the permission referred to in sub- section (I) of section 6A or referred to in sub-section (I) 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.".15
12. After section 20 of the principal Act, the following sections shall be inserted, namely:-—•
Insertion of
new section*.
20A and loB
20
Restoration
of possession
of prcmi"es
vacated by a
tenant.
25
"20A. (I) 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 building, as the case mav be.
30
35
(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 the cost thereof and such other particulars as may be necessary and shall, on the basis of sueh 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 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).
4C
(3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.
0*0 THE GAZETTE OF iNDtA EXTBAOftDItfAfttf (TAUT II5
io (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 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 improvemant or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction.
Rent of building in slum areas.
20B. (1) Where any building in a slum area la let to a tenant after the execution of any work of improvement or after it has been re-erected, the rent of the building shall be deter- mined in accordance with the provisions of this section. 15
(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—
20 (a) if there is a general law relating to the control 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:
25 (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. (3) 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 of rents in force in the area, be liable to pay to the owner— 30 (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- diately before he vacated the building for the purpose of execution of the work of improvement; 35 (ii) six per cent, of the cost of the work of improve-
ment; and
40 (Hi) six per cent, of a sum equivalent to the compen- sation payable in respect of any land which may have been acquired for the purpose of effecting such improve- ment as if such land were acquired under section 12 on
Sxc. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1031the date of the commencement of the work of Improve- ment;
5
(b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent, of the aggregate cost of reconstruction of the building and the 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 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 tq in sub-section (5):
JJ
20
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.
(5) The authority to which the application referred to In sub-section (4) shall be made, shall be—
25
(a) where there is a general law relating to the control of rents in force in the area in which the building is situate, the authority to whom applications may be made for fixing of rents of buildings situate in that area; end for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under the said gene- ral law; and the provisions of such law including provisions relating to appeals shall apply accordingly;
30
35
(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 authority.
40
(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 si finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.".
1032 THE GAZETTE OF INDIA EXTRAORDINARY [PART H
13, In section 21 of the principal Act,—
Amendment
of leotlon
21.
(i) for the words "execution of any decree or order under any law for the eviction", the words "eviction under any lavt'" shall be substituted;
(ii) for the words "the Delhi Improvement Trust", the words 5 "the Delhi Development Authority" shall be substituted
Amendment
of section
*7-
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.
10 Amendment of section 38.
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 ox cause to be used such force as may be necessary" shall be inserted.
15 Amendment of section 3a.
16. tn section 32 of the principal Act, in sub-section (1), for the words "does any act in contravention of", the words "fails to comply with" shall be substituted.
Amend men i
of section
33-
17. Section 33 of the principal Act shall be re-numbered as sub- section (1) thereof and after sub-section (1) as so re-numbered, the following sub-section shell be inserted, namely: —
30 " (2) For the purpose of causing any building to be demolish- ed under sub-section (1), 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 a3 sub- Amendment of section 36.
section (1) thereof and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely: — *5
3° " (2) The Administrator may, by notification in the Official Gazette, delegate, subject to such conditions, if any, &s may be specified in the notification, any power exercisable by him under sub-section (7) of section 10, section 15, section 20 and section 30, to any officer not below the rank of an Additional District Judee.".
19. After section 37 of the principal Act, the following section shall be inserted, namely: —
Insertion of
new section.
37A.
Bar of juris-
35 diction. "37A. Save as otherwise expressly provided In this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority or any other person is empowered by or under this Act, to determine and no injunction shall be granted by any court or other authority in respect of any action taken or
SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 1033to be taken in pursuance of any power conferred by or under this Act".
20. In section 40 of the principal Act,—
(i) in sub-section (2),—
Amendment ot section 40.
(a) after clause (b), the following clauses shall be insert* 5
ed, namely: —
" ('6b) 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;
10
(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;
15
(c) in clause (e), for the word and figures "section 20", the words, figures and brackets "sub-section (7) of section 10 or section 20" shall be substituted;
(d) after clause (e), the following clauses shall be insert- ao
ed, namely: —
" (ee) the time within which e 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;
25
(see) the time within which plans, estimates and other particulars referred to in sub-section (2) 6f section 20A may be furnished;
(ceee) 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 end owners;
(eeeeee) the matters in respect of which provision
35
may be made under sub-section (5) of section 20B;"; (ii) for sub-section (3), the following sub-section shall be substituted, namely: —
40
" (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 day3 which mey be comprised in one session or in two successive
*1* G. of I, Ex—3,
1034 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]5 Bessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses 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 of no effect, as the case may be; so however that any such modification or annulment shell be without prejudice to the validity of any- thing previously done under that rule.".
M. N. KAUL,