4. Power of competent authority to require improvement of buildings unfit for human
habitation.―(1) Where the competent authority upon report from any of its officers or other information
in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it
1. Ins. by Act 43 of 1964, s. 2 (w.e.f. 27-2-1965).
5
may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit,
serve upon the owner of the building a notice requiring him within such time not being less than thirty
days as may be specified in the notice to execute the works of improvement specified therein and stating
that in the opinion of the authority those works will render the building fit for human habitation:
1
[Provided that where the owner of the building is different from the owner of the land on which the
building stands and the works of improvement required to be executed relate to provision of water taps,
bathing places construction of drains, open or covered, as the case may be, provision 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.]
(2) In addition to serving a notice under this section on the owner, the competent authority may serve
a copy of the notice on any other person having an interest in the building 1
[or the land on which the
building stands] whether as lessee, mortgagee or otherwise.
(3) In determining, for the purposes of this Act, whether a building can be rendered fit for human
habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to
render it so fit and the value which it is estimated that the building will have when the works are
completed.
5. Inforcement of notice requiring execution of works of improvement.―(1) If a notice under
section 4 requiring the owner of the building 2
[or of the land on which the building stands, as the case
may be,] to execute works of improvement is not complied with, then, after the expiration of the time
specified in the notice the competent authority may itself do the works required to be done by the notice.
(2) All expenses incurred by the competent authority under this section, together with interest, at such
rate as the Central Government may by order fix, from the date when a demand for the expenses is made
until payment, may be recovered by the competent authority from the owner of the building 2
[or of the
land on which the building stands, as the case may be,] as arrears of land revenue:
Provided that if the owner proves that he―
(a) is receiving the rent merely as agent or trustee for some other person; and
(b) has not in his hands on behalf of that other person sufficient money to satisfy the whole
demand of the authority, his liability shall be limited to the total amount of the money which he has in
his hands as aforesaid.
3
* * * * *
6. Expenses of maintenance of works of improvement, etc., to be recoverable from the occupiers
of buildings.―Where works of improvement have been executed in relation to any building in a slum
area in pursuance of the provisions of sections 4 and 5, the expenses incurred by the competent authority
or, as the case may be, any local authority in connection with the maintenance of such works of
improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be
recoverable from the occupier or occupiers of the building as arrears of land revenue.
4
[6A. Restriction on building, etc., in slum areas.―(1) 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.
(2) Every notification issued under sub-section (1) 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.
(3) 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 information in respect
of the erection of the building to which the application relates as may be prescribed.
1. Ins. by Act 43 of 1964, s. 3 (w.e.f. 27-2-1965).
2. Ins. by s. 4, ibid. (w.e.f. 27-2-1965).
3. Omitted by, s. 4, ibid. (w.e.f. 27-2-1965).
4. Ins. by s. 5, ibid. (w.e.f. 27-2-1965).
6
(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
(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.
(5) Nothing contained in sub-section (1) shall apply to―
(a) any works of improvement required to be executed by a notice under sub-section (1) of
section 4 or in pursuance of an undertaking given under sub-section (2) of section 7; or
(b) the erection of any building in any area in respect of which a slum clearance order has been
made under section 10.]
7. Power of competent authority to order demolition of buildings unfit for human
habitation.―Where a competent authority upon a report from any of its officers or other information in
its possession is satisfied that any building within a slum area is unfit for human habitation and is not
capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and
upon any other person having an interest in the building, whether as lessee, mortgagee 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 building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in
pursuance thereof before the competent authority and gives an undertaking to the authority that such
person shall within a period specified by the authority execute such works of improvement in relation to
the building as will in the opinion of the authority render the building fit for human habitation, or that it
shall not be used for human habitation until the authority on being satisfied that it has been rendered fit
for that purpose cancels the undertaking, the authority shall not make any order of demolition of 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 improvement to which the undertaking relates is not carried out
within the specified period or the building is at any time used in contravention of the terms of the
undertaking, the competent authority shall 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 the date of the order, and that it shall be demolished within six weeks after the expiration
of that period.
8. Procedure to be followed where demolition order has been made.―(1) Where an order for
demolition of a building under section 7 has been made the owner of the building or any other person
having an interest therein shall demolish that building within the time specified in that behalf by the
order; and if the building is not demolished within that time the competent authority shall enter and
demolish the building and sell the materials thereof.
(2) Any expenses incurred by the competent authority under sub-section (1), if not satisfied out of the
proceeds of sale of materials of the building shall be recoverable from the owner of the building or any
other person having an interest therein as arrears of land revenue.