22. Powers of entry.―It shall be lawful for any person authorised by the competent authority in this
behalf to enter into or upon any building or land in a slum area with or without assistants or workmen in
order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work which is
authorised by or under this Act or which it is necessary to execute for any of the purposes or in pursuance
of any of the provisions of this Act or of any rule or order made thereunder.
23. Powers of inspection.―(1) The competent authority may, by general or special order, authorise
any person―
(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or
land in a slum area, and in his discretion to cause the ground to be opened for the purpose of
preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or
channel, as the case may be;
(b) to examine works under construction in the slum area, to take levels or to remove, test,
examine, replace or read any meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or
removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or
building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground
or portion of any building, drain, or other work opened, injured or removed for the purpose of such
inspection shall be filled in, reinstated, or made good, as the case may be, by the competent authority.
24. Power to enter land adjoining land where work is in progress.―(1) Any person authorised by
the competent authority in this behalf may, with or without assistants or workmen, enter on any land
within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any
soil, gravel, stone or other materials, or for obtaining access to such work or for any other purposes
connected with the carrying on of the same.
(2) The person so authorised shall, before entering on any land under sub-section (1), state the
purpose thereof, and shall, if so required by the occupier, or owner, fence off so much of the land as may
be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little
damage, as may be, and compensation shall be payable by the competent authority to the owner or
occupier of such land or to both for any such damage whether permanent or temporary.
25. Breaking into buildings.―It shall be lawful for any person authorised by the competent
authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or
other barrier―
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
26. Entry to be made in the day time.―No entry authorised by or under this Act shall be made
except between the hours of sunrise and sunset.
27. Owner's consent ordinarily to be obtained.―3
[Save as provided in this Act, no building or
land] shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof,
1. Subs. by Act 43 of 1964, s. 13, for “execution of any decree or order under any law for the eviction” (w.e.f. 27-2-1965).
2. Subs. by s. 13, ibid., for “the Delhi Improvement Trust” (w.e.f. 27-2-1965).
3. Subs. by Act 43 of 1964, s. 14, for “No building or land” (w.e.f. 27-2-1965).
13
and no such entry shall be made without giving the said occupier or owner, as the case may be, not less
than twenty four hours’ written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a
latrine, urinal or a work under construction.
28. Power of eviction to be exercised only by the competent authority.―Where the competent
authority is satisfied either upon a representation from the owner of a building or upon other information
in its possession that the occupants of the building have not vacated it in pursuance of any notice, order or
direction issued or given by the authority, the authority shall, by order, direct the eviction of the occupants
from the building in such manner and within such time as may be specified in the order 1
[and for the
purpose of such eviction may use or cause to be used such force as may be necessary]:
Provided that before making any order under this section the competent authority shall give a
reasonable opportunity to the occupants of the building to show cause why they should not be evicted
therefrom.
29. Power to remove offensive or dangerous trades from slum areas.―The competent authority
may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to
remove the trade from that area within such time as may be specified in the order:
Provided that no order under this section shall be made unless the person carrying on the trade has
been afforded a reasonable opportunity of showing cause as to why the order should not be made.
30. Appeals.―(1) Except as otherwise expressly provided in this Act, any person aggrieved by any
notice, order or direction issued or given by the competent authority may appeal to the Administrator
within a period of thirty days from the date of issue of such notice, order or direction.
(2) Every appeal under this Act shall be made by petition in writing accompanied by a copy of the
notice, order or direction appealed against.
(3) On the admission of an appeal, all proceedings to enforce the notice, order or direction and all
prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal,
and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be
an offence.
(4) No appeal shall be decided under this section unless the appellant has been heard or has had a
reasonable opportunity of being heard in person or through legal practitioner.
(5) The decision of the Administrator on appeal shall be final and shall not be questioned in any court.
31. Service of notices, etc.―(1) Every notice, order or direction issued under this Act shall, save as
otherwise expressly provided in this Act, be served―
(a) by giving or tendering the notice, order or direction, or by sending it by post to the person for
whom it is intended; or
(b) if such person cannot be found, by affixing the notice, order or direction on some conspicuous
part of his last known place of abode or business, or by giving or tendering the notice, order or
direction to some adult male member or servant of his family or by causing it to be affixed on some
conspicuous part of the building or land, if any, to which it relates.
(2) Where the person on whom a notice, order or direction is to be served is a minor, service upon his
guardian or upon any adult male member or servant of his family shall be deemed to be the service upon
the minor.
(3) Every notice, order or direction which by or under this Act is to be served as a public notice, order
or direction or as a notice, order or direction which is not required to be served to any individual therein
specified shall, save as otherwise expressly provided, be deemed to be sufficiently served if a copy
thereof is affixed in such conspicuous part of the office of the competent authority or in such other public
1. Ins. by Act 43 of 1964, s. 15 (w.e.f. 27-2-1965).
14
place during such period, or is published in such local newspaper or in such other manner, as the
competent authority may direct.
32. Penalties.―(1) Whoever 1
[fails to comply with] any notice, order or direction issued or given
under this Act shall be punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to one thousand rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of any restriction or
condition imposed under sub-section (7) of section 10 or any plan for the re-development of a clearance
area shall be punishable with imprisonment which may extend to three months, or with fine which may
extend to one thousand rupees, or with both.
(3) Whoever obstructs the entry of any person authorised under this Act to enter into or upon any
building or land or molests such person after such entry shall be punishable with fine which may extend
to one thousand rupees.
(4) If the person committing an offence under this Act is a company, every person who at the time the
offence was committed was in charge of, and was responsible to, the company for the conduct of the
business of the company as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(5) Notwithstanding anything contained in sub-section (3) where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.―For the purposes of this section―
(a) “company” means a body corporate and includes a firm or other association of individuals;
and
(b) “director” in relation to a firm means a partner in the firm.
33. Order of demolition of buildings in certain cases.―2
[(1)] Where the erection of any building
has been commenced, or is being carried out, or has been completed, in contravention of any restriction or
condition imposed under sub-section (7) of section 10 or a plan for the re-development of any clearance
area or in contravention of any notice, order or direction issued or given under this Act the competent
authority may, in addition to any other remedy that may be resorted to under this Act or under any other
law, make an order directing that such erection shall be demolished by the owner thereof within such time
not exceeding two months as may be specified in the order, and on the failure of the owner to comply
with the order, the competent authority may itself cause the erection to be demolished and the expenses of
such demolition shall be recoverable from the owner as arrears of land revenue:
Provided that no such order shall be made unless the owner has been given a reasonable opportunity
of being heard.
3
[(2) For the purpose of causing any building to be demolished under sub-section (1), the competent
authority may use or cause to be used such force as may be necessary.]
34. Jurisdiction of courts.―No court inferior to that of a magistrate of the first class shall try an
offence punishable under this Act.
1. Subs. by Act 43 of 1964, s. 16 for “does any act in contravention of” (w.e.f. 27-2-1965).
2. Section 33 renumbered as sub-section (1) thereof by s. 17, ibid. (w.e.f. 27-2-1965).
3. Ins. by s. 17, ibid. (w.e.f. 27-2-1965).
15
35. Previous sanction of the competent authority or officers authorised by it for prosecution.―
No prosecution for any offence punishable under this Act shall be instituted except with the previous
sanction of the competent authority or an officer authorised by the competent authority in this behalf.
36. Power to delegate.―1
[(1)] The competent authority may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act may also be exercised, in such cases and subject to
such conditions, if any, as may be specified in the notification, by such officer or the local authority as
may be mentioned therein.
2
[(2) The Central Government may, by notification in the Official Gazette, direct that any power
exercisable by the Administrator under sub-section (7) of section 10, section 15, section 20 and section 30
may, subject to such conditions, if any, as may be specified in the notification, be exercised also by the
Chief Secretary or by such other officer as may be mentioned therein.]
37. Protection of action taken in good faith.―No suit, prosecution or other legal proceeding shall
lie against the competent authority or against any person for anything which is in good faith done or
intended to be done under this Act or the rules made thereunder.
3
[37A. Bar of jurisdiction.―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 to be taken in pursuance of any power conferred by or under
this Act.]
38. Competent authority, etc., to be public servants.―The competent authority and any person
authorised by 4
[it] under this Act shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code (45 of 1860).
39. Act to override other laws.―The provisions of this Act and the rules made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in any other law.
40. Power to make rules.―(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may
provide for all or any of the following matters, namely:―
(a) the manner, of authentication of notices, orders and other instruments of the competent
authority;
(b) the preparation of plans for the re-development of any slum area, and matters to be included in
such plans;
5
[(bb) the form in which an application under sub-section (3) of section 6A shall be made and the
information to be furnished and the fees to be levied in respect of such application;
(bbb) the manner in which inquiries may be held under sections 15 and 19;]
(c) the form and manner in which applications for permission under sub-section (2) of section 19
shall be made and the fees to be levied in respect of such applications;
(d) the procedure to be followed 5
[and the factors to be taken into consideration] by the competent
authority before granting or refusing to grant permission under section 19;
1. Section 36 renumbered as sub-section (1) thereof by Act 43 of 1964, s. 18 (w.e.f. 27-2-1965).
2. Ins. by s. 18, ibid. (w.e.f. 27-2-1965).
3. Ins. by s. 19, ibid. (w.e.f. 27-2-1965).
4. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “him” (w.e.f. 26-12-1960).
5. Ins. by Act 43 of 1964, s. 20 (w.e.f. 27-2-1965).
16
(e) the time within which an appeal may be preferred under 1
[sub-section (7) of section 10 or
section 20];
2
[(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;
(eee) the time within which plans, estimates and other particulars referred to in sub-section (2) of
section 20A may be furnished;
(eeee) the procedure to be followed by the competent authority for fixing the provisional rent
under sub-section (2) of section 20A;
(eeeee) the manner in which the rent provisionally determined under section 20A shall be
communicated to the tenants and owners;
(eeeeee) the matters in respect of which provision may be made under sub-section (5) of section
20B;]
(f) the officers and local authorities to whom powers may be delegated under section 36; and
(g) any other matter which has to be, or may be, prescribed.
3
[(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or 4
[in two or more successive sessions, and if, before the expiry of the session immediately
following the session, or the successive sessions aforesaid] both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 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 shall be without prejudice to the validity of anything previously done under that rule.]