The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973

{
    "id": 16852,
    "slug": "the-gujarat-slum-areas-improvement-clearance-and-redevelopment-act-1973",
    "title": "The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973",
    "short_title": "The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973",
    "act_number": "Gujarat Act No. 11 of 1973",
    "act_year": 1973,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Board\" means the Gujarat Slum clearance Board established under section 21;\n(b) \"building\" includes a house, out-house, stable, latrine, shed, hut and other enclosures or structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever, whether used as a dwelling or otherwise; and also includes verandas, fixed platforms plinths, doorsteps, electric meters, walls including compound walls and the fencing and the like but does not include plant or machinery comprised in a building;\n(c) \"Court\" means -\n(i) in the City of Ahmedabad, the Ahmedabad City Civil Court; and\n(ii) elsewhere, the Court of Civil Judge (Senior Division) having jurisdiction and if there is no such Court, the District Court having jurisdiction;\n(d) \"erection\" in relation to a building includes extension, alteration or reerection;\n(e) \"Housing Board\" means the Housing Board constituted under the Gujarat Housing Board Act, 1961, (Gujarat XXVII of 1961), or the Rural Housing Board constituted under the Gujarat Rural Housing Board Act, 1972 (Gujarat 22 of 1972); or both, as the case may be,\n(f) \"land\" includes building and benefits to arise out of land and things attached to the earth or permanently fastened to any attached to the earth.\n(g) \"occupier\" includes-\n(i) 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;\n(ii) an owner in occupation of, or otherwise using, his land or building;\n(iii) a rent-free tenant of any land or building;\n(iv) a license in occupation of any land or building; and\n(v) any person who is liable to pay to the owner damages for the use, and occupation of any land or building;\n(h) \"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 is entitled to receive the rent, if the land or building were let to a tenant;\n(i) \"prescribed\" means prescribed by rules made under this Act.\n(j) \"prescribed authority\" means such authority or person as the State Government may by notification in the Official Gazette appoint as the prescribed authority for the purposes of this Act.\n(k) \"Rent Act\" means the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947);\n(l) \"slum area\" means any area declared to be a slum area under sub-section (1) of section 3;\n(m) \"slum clearance\" means the clearance of any slum area by the demolition and removal of buildings therefrom;\n(n) \"slum clearance area\" means any slum area declared to be a slum clearance area under section 11;\n(o) \"work of improvement\" in relation to any building in a slum area includes the execution of any one or more of the following works, namely:-\n(i) necessary repairs;\n(ii) structural alterations;\n(iii) provision of light points, water-taps and bathing places;\n(iv) construction of drains, open or covered;\n(v) provision of latrines, including conversion of day latrines unto flush latrines;\n(vi) provision of additional or improved fixtures or fittings;\n(vii) opening up or paving of court yards;\n(viii) removal of rubbish;\n(ix) replotting or realignment of streets; and\n(x) 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.\nChapter II\nDeclaration of Slum Areas",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Declaration of slums areas.",
            "chapter": null,
            "content": "(a) that any area is a source of danger to the heath, safety or morals of the inhabitants of that area or its neighbourhood, by reason of the area being low-laying, insanitary, squalid, over-crowded or otherwise; or\n(b) that the buildings in any area, used or intended to be used for human habitation are-\n(i) in any respect, unfit for human habitation; or\n(ii) by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals.\n(i) repair,\n(ii) stability,\n(iii) freedom from damp.\n(iv) natural light and air,\n(v) water-supply\n(vi) drainage and sanitary conveniences,\n(vii) facilities for storage, preparation and cooking of food and for the disposal of waste water.\nChapter III\nPrevention of Growth of Slums",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Registration of building in slum areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Registration on erection of buildings, in slum areas.",
            "chapter": null,
            "content": "(a) either grant the permission subject to such terms and conditions, if any, as may be specified in the order, or\n(b) refuse to grant such permission;\n(a) any works of improvement required to be executed by a notice under sub-section (1) of section 6 or in pursuance of an undertaking given under sub-section (2) of section 9; or\n(b) the erection of any building in any area in respect of which a notification has been issued under section 11.\nChapter IV\nImprovement",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Power of prescribed authority to require execution of works of improvement to slum areas.",
            "chapter": null,
            "content": "(a) any slum area or any part thereof is capable of being improved so as not to be a source of danger to the health, safety or morals of the inhabitants of that area; or\n(b) any building being unfit for human habitation in a slum area can be rendered fit for human habitation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Power to execute works of improvement to slum areas and to recover Expenses.",
            "chapter": null,
            "content": "(a) is receiving the rent merely as agent or trustee for some other person; and\n(b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the prescribed authority;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Expenses of maintenance of Works of improvement etc., to be recoverable from the occupiers of the land or building.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Power of prescribed authority to order demolition of building unfit for human habitation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Procedure to be followed where demolition order has been made.",
            "chapter": null,
            "content": "Chapter V\nSlum Clearance and Re-Development",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power to declare any slum area to be a slum, clearance area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Obligation to clear slum area and demolish buildings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Power to clear slum clearance areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Owner may redevelop.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power of prescribed authority to redevelop clearance area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Rules to provide for transfer to previous occupants.",
            "chapter": null,
            "content": "Chapter VI\nProtection of Tenants In Slum Areas from Eviction",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Proceedings for evection of tenants not to be taken without permission of the prescribed authority.",
            "chapter": null,
            "content": "(a) institute, after the commencement of this Act 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\n(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.\n(a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted;\n(b) whether the eviction is in the interest of improvement and clearance of the slum area;\n(c) such other factors, if any, as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Restoration of possession of premises vacated by a tenant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Rent of building in slum area.",
            "chapter": null,
            "content": "(a) if the Rent Act in force in the area in which the building is situated and is applicable to that building, the rent determined in accordance with the provisions of that Act or the agreed rent whichever is less;\n(b) if the said Act is not in force in such area, such rent as may be agreed to between the owner and the tenant.\n(a) if the work of improvement has been executed in relation to be building, annual rent of a sum equivalent to the aggregate of the following amounts namely:-\n(i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement;\n(ii) six per cent, of the cost of the work of improvement;\n(b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent, of the aggregate of the following amounts namely:-\nExplanation:\n(a) where the Rent Act is in force in the area in which the building is situated, the authority to whom applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of he powers it has under the said Act and the provisions of the said Act including provisions relating to appeals shall apply accordingly:-\n(b) if the said Act is not in force in that area, such authority as may be specified by rules made in this behalf by the State Government and such rules may provide for the procedure to be followed by that authority in determining the rent and also for appeals against the decision of such authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Chapter not to apply to tenants of certain buildings.",
            "chapter": null,
            "content": "Chapter Slum\nClearance Board",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Establishment of Slum Clearance Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Constitution of the Board.",
            "chapter": null,
            "content": "[23. Terms of office and conditions of service of Chairman and members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Appointment of officers and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Conditions of service of officers and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. General disqualification of members, officers, and servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Functions of the Board.",
            "chapter": null,
            "content": "(a) to exercise the powers of the prescribed authority in cases where the State Government has, by notification in the Official Gazette, directed that the powers of the prescribed authority shall be exercised by the Board;\n(b) to advance loans to the owners and occupants in slum areas for carrying out improvements or repairs and the Board shall be competent to raise funds for this purpose;\n(c) to operate schemes relating to development of open lands into plots in slum areas, with all the public amenities and utility services;\n(d) such other functions as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Board's fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Application of the Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Subventions and loans to the Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Power of Board to borrow.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Accounts and audit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Concurrent and special audit of accounts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. No. disqualification in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Power of Board to make regulations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Board to comply with direction of Government.",
            "chapter": null,
            "content": "Chapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Board exercise the powers of prescribed authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Service of notices and orders.",
            "chapter": null,
            "content": "(a) in the case of any notice or order of a general nature or affecting a class of persons, be published in the Official Gazette ;\n(b) in the case of any notice or order affecting a corporation, firm or other body or association of persons, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First, Schedule to the Civil Procedure, Code, 1908 (V of 1908);\n(c) in the case of any notice or order affecting an individual person be served on such person-\n(i) by delivering or tendering it to that person; or\n(ii) if it cannot be so delivered or tendered, by delivering or tendering it to the head of the office in which such person is employed, or to any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or\n(iii) failing service by any of the means aforesaid, by post or by affixing a copy of the said notice or order on some conspicuous part of the land or building to which it relates.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Power of entry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Power of inspection.",
            "chapter": null,
            "content": "(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any land or building in a slum area or slum clearance 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:\n(b) to examine works under construction in the slum area or to take levels or to remove, test, examine, replace or read any meter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Power to enter land, adjoining land where work is in progress.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Power to enter into buildings.",
            "chapter": null,
            "content": "(a) if he considers the opining thereof necessary for the purpose of such entry; and\n(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Entry to be made in the day time.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Occupier's or owner's consent ordinarily to be obtained.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Power of eviction.",
            "chapter": null,
            "content": "(i) any notice, order or direction issued by the prescribed authority; or\n(ii) any notice, or direction issued by the owner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Power to remove dangerous or offensive trades from slum areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Order of demolition of buildings in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. Disposal of proceeds sale of materials of demolished building and recovery of expenses.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Penalties.",
            "chapter": null,
            "content": "(a) commences or causes to be commenced any working contravention of any restriction or condition imposed under section 14 or of any plan for the redevelopment of a slum clearance area; or\n(b) contravenes or fails to comply with any other provision of this Act or of any rule made thereunder or of any notice, order or direction issued under this Act,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Offences by companies.",
            "chapter": null,
            "content": "(a) \"company\" means a body corporate and includes a firm or other association of individuals, and\n(b) \"director\" in relation to a firm means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Prosecution and trial of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "53",
            "title": "53. Bar of jurisdiction of Civil Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "54",
            "title": "54. Members of prescribed authority, to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "55",
            "title": "55. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "56",
            "title": "56. Delegation of powers of State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "57",
            "title": "57. Act to override other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "58",
            "title": "58. Power to make rules.",
            "chapter": null,
            "content": "(a) all matters expressly required or allowed by this Act to be prescribed;\n(b) the fees payable in respect of any application or statement under this Act;\n(c) the manner of authentication of notices, orders and other instruments of the prescribed authority; and\n(d) the preparation of a plan for the development of any slum area or slum, clearance area and matters to be included in such plan.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "59",
            "title": "59. Publication of the rule, the date of the commencement of the rules and notifications and placing of rules and notifications on the table of the Legislature.",
            "chapter": null,
            "content": "(b) All notification issued under this Act shall unless they are expressed to come into force on a particular day, come into force on the day on which they are published.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "60",
            "title": "60. Cesser of corresponding laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        }
    ],
    "metadata": {
        "Act ID": "guj192",
        "Act Number": "Gujarat Act No. 11 of 1973",
        "Enactment Date": "",
        "Act Year": "1973",
        "Short Title": "The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}