JAWAHARLAL NEHRU ARCHITECTURE AND FINE ARTS

UNIVERSITY  
  SCHOOL OF PLANNING AND ARCHITECTURE
Department of Urban and Regional Planning
SUBJECT : PLANNING LEGISLATION
TOPIC : SLUM RELATED LEGISLATION

SUBMITTED BY:
SUBMITTED TO: K.SAI REESHMA
IVAN ABHISHEK SIR 17011BA016
B.TECH PLANNING
6TH SEM
• Legislation is law which has been enacted by a legislature or other governing body, or the process of making

it. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as

"legislation" while it remains under consideration to distinguish it from other business. Legislation can have

many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or

to restrict.

• Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament).

• A legislative act is a formal written enactment produced by a legislature or by a legislative process. It may

be contrasted with a non-legislative act which is adopted by an executive or administrative body under the

authority of a legislative act or for implementing a legislative act.

LAW COMMISSION OF INDIA ONE HUNDRED THIRTY-EIGHTH REPORT ON
(Legislative Protection For Slum And Pavement 1990):

SCOPE AND TARGET:

• This report, therefore, deals with a problem which has been prevalent for along time in India, The problem is that of
persons who are destined td spend their lives on pavements or slums in the cities. Should such persons be evicted
from the places where they dwell, merely because, in the eye of the law, their occupation of the premises is
unauthorized ‘? If the society permits such eviction, should it not provide a reasonably adequate alternative
accommodation to them so that they right to live.

PROFILE OF SLUMS AND SLUM DWELLERS IN INDIA:

• Growth of slums in India There has been a rapid growth of population in our metropolitan cities.

• which has resulted in continuously rising density of population in all these cities. 

• According to one st y 2/1 the growth of slum population is almost double the growth of urban population in the
southern region.
LEGISLATION RELATING TO SLUMS:
1. The Central Act of l956 (Slum Areas Improvement and Clearance Act):
• It may be mentioned that the Central Act on the subject but does not extend to the States, but extends to all Union
Territories except Andaman and Nicobar Islands and the Lacca- dive, Minicoy and Amin divi Islands.
• Declaration of slum areas
• Slum improvement
• Slum clearance and re- development
• Acquisition of land
• Protection of tenants in slum areas from eviction

2. Restoration of possession under Central Act In (1964):

• By a mending Central Act of 1956, 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 prescribed, 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.
• On receipt of such declaration, the competent authority shall by order require the owner of the building to furnish.
3. The Andhra Pradesh Slum Improvement (Acquisition of Land) Act (1956):
• provides for the clearance of slain areas in the State gives power to the State to acquire land when the State
Government is satisfied that any area is, or may be, a source to the public health, safety or con- lenience of the
inhabitants by reason of area being low lying, insanitary etc.
• The area so declared becomes  "slum age", as defined within the meaning of the Andhra Pradesh Act. Acquisition of
land in such area is subject ' to compensation. The Act makes certain other connected provisions.
4. The Assam Slum Areas (Improvement and Clearance) Act, ( 1961):
• The Act was published in the Assam in May (1961) mainly provides for the following matters
(i) declaration of the slum areas by the State Government.
(ii) improvement of building or land unfit for human habitation
(iii) power of the empowered authorizing to order the demolition of 'a which is unfit for human habitant.
5. The Gujarat Redevelopment Act (1973):
• provision for registration of building.
• power of the prescribed authority to require execution of works for improvement of slums.
• power of the prescribed authority to order demolition of buildings unfit for human habitation 
• power of the State Government, on a report from the Slum Clearance Board
• Transfer of land to previous occupants
• prohibition against eviction of tenants in slum areas without permission of the prescribed authority)
• Restoration of possession of premises "vacated by a tenant evicted from a building in a slum area 
6. The Madhya Pradesh Slum Improvement (Acquisition of Land) Act, 1956 :

• Mainly provides, by section 3, for power to acquire land more or less on the same lines as the Andhra Pradesh Act. A/2 .
The rest of the; Act in Madhya Pradesh contains connected provisions.

7. Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, I971:

• Maharashtra Act provides for slum improvement.

• On satisfaction of the competent authority, that authority may issue a notice to the owner of the building for the execution
of the work of improvement. If the owner fails to do so, the competent authority can undertake the work of improvement
and recover all expenses with interest from the owner as arrears of land revenue.

• Maharashtra Act is concerned with slum clearance and re- development.

• Maharashtra Act deals with the acquisition of land.

• Maharashtra Act provides for the protection of slum areas from eviction.

• Maharashtra Act provides for restoration of premises to the tenants.

• Maharashtra Act contains miscellaneous provisions like powers relating to entry and inspection of the building.
8. The Punjab Slum Areas Improvement and Clearance Act (1961):
• Declaration of certain areas as slum areas by the competent authority
• power of the competent authority to require the improvement of buildings unfit for human habitation
• power of the competent authority to order the demolition of buildings unfit ' for human habitation
• power of the competent authority to :declare any area to be a clearance area
• power of the State Government to acquire land in order to enable the empowered authority to execute any 'work of
improvement in relation to any building in a slum area or to, it develop any clearance area
9. The U.P. Slum Areas improvement and Clearance Act (1962):
• Declaration by the competent authority of the slum areas
• power of the competent authority improvement of any building in a slum area which is unfit or an habitation or any land
in that area
• power of the competent authority to order the demolition of any building
• power of the State Government to land or building in a slum area or in a clearance area for certain purposes
• prohibition against eviction of tenants in slum areas without permission of the competent authority
• Power of the State Government" to' notify any trade as offensive or obnoxious to the health etc.
10. Tamil Slum Areas (improvement& Clearance Act, 1971):

• power of the prescribed authority to order demolition of buildings unfit for human habitation

• power of the Government to declare any slum area to be a slum clearance area

• power of the prescribed authority to redeveloped a slum area

• Transfer to previous occupants

• power of the State Government to acquire land in a slum area for improvement 

11. The West Bengal Slum Areas (Improvement and Clearance Act, 1972):

• Contains the usual provisions regarding prohibition against erection of new structures in slums, improvement schemes,
slum clearance and redevelopment and acquisition of land in a slum area.

• The Act extends to the whole of West Bengal except the areas declared as Cantonments under the Cantonments Act,
1924.
THANK YOU

Source: https://indiankanoon.org/doc/44183806/