Slum Areas (Improvement and Clearance) Act, 1973 Chapter 1 - Bare Act

Act Info:

(1) This Act may be called the¹[Karnataka] Slum Areas (Improvement and Clearance) Act, 1973.

(2) It extends to the whole of the State of¹[Karnataka].

(3) It shall come into force on such²[date] as the State Government may, by notification, appoint.

________________________

1. Substituted by Act 21 of 1978 w.e.f. 1.11.1974

2. Act came into force on 1.11.1974 by notificatin, Text of the notification is at the end of the Act.

In this Act, unless the context otherwise requires,-

(a) "Board" means the ¹ [Karnataka] Slum Clearance Board, established under section 33;

(b) "building" includes a house, out-house, stable, latrine, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other materials whatsoever, but does not include plant or machinery comprised in a building;

(c) "court" means the District Court having jurisdiction;

(d) "erection" in relation to a building includes extension, alteration or re-erection;

(e) "Government" means the State Government;

² (ee) "hut" means any building, which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made;]

(f) "land" includes building and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

² [(ff) "licensing authority" means the authority competent under any law for the time being in force to grant permission for the execution of work relating to construction or re-construction of any building] ³ [and where there is no such authority, such authority as the State Government may by notification specify and until, such notification is made, the Tahsildar of the Taluk concerned.]

(g) "notification" means a notification published in the official Gazette;

(h) "occupier" includes,-

(i) an owner in occupation of, or otherwise using his land or building;

(ii) 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;

(iii) a rent-free tenant of any land or building;

(iv) a licensee in occupation of any land or building; and

(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(i) "owner" includes any person, who is receiving or is entitled to receive the rent of any land or building, whether on his own account or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the land or building were let to a tenant;

(j) "person interested" in relation to any land or building, includes any person claiming, or entitled to claim an interest in the compensation payable on account of the acquisition of that land or building under this Act:

(k) "prescribed" means prescribed by rules made by Government under this Act;

(l) "prescribed authority" means any authority or person authorised by the Government in this regard by notification;

(m) "slum area" means any area declared to be slum area under sub-section (1) of section 3;

(n) "slum clearance area" means any slum area declared to be slum clearance area under sub-section (1) of section 11;

(o) "State Housing Board" means the ¹ [Karnataka] Housing Board established under the ¹ [Karnataka] Housing Board Act, 1962 (¹ [Karnataka] Act 10 of 1963);

(p) "work of improvement" in relation to any building in a slum area include the execution of any one or more of the following works, namely:-

(i) necessary repair;

(ii) structural alteration;

(iii) provision of light points, water-taps and bathing places;

(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;

(vii) opening up or paving of court yards;

(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 prescribed authority is necessary for executing any of the works specified above.

________________________

1. Substituted by Act 21 of 1978 w.e.f. 1.11.1974.

2. Inserted by Act 19 of 1981 w.e.f. 30.12.1980.

3. Inserted by Act 34 of 1984 w.e.f. 26.6.1984.