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On publication of the Slum Rehabilitation Scheme under sub-section (1) of section 3B, the provisions of other Chapters of this Act shall apply to any area declared as the slum rehabilitation area, subject to the following modifications, namely :- (a) Chapters II and III shall be omitted; (b) in Chapter IV,- (i) section 11 shall be omitted; (ii) in section 12,- 1[(A) for sub-section (1), the following sub-section shall be substituted, namely :- "(1) As soon as may be, after the Chief Executive Officer has declared any land to be a Slum Rehabilitation Area, and upon approval of the Slum Rehabilitation Scheme, he shall as early as possible proceed to make a clearance order in relation to that land within fifty days, order for the demolition of each buildings specified therein, and require each such building to be vacated by its occupier within such time which shall not be less than thirty days, but in any case not more than sixty days, as may be specified in such clearance order.";] (B) sub-sections (2) and (3) shall be omitted ; 2[(C) for sub-section (4), the following sub-section shall be substituted, namely :- "(4) Any person aggrieved by the clearance order may, within thirty days of the publication of the notice of the confirmation of the clearance order prefer an appeal to the 3[Apex Grievance Redressal Committee]. The decision of the 4[Apex Grievance Redressal Committee] in such appeal shall be final.";] 5[(D) for sub-section (5), the following sub-section shall be substituted, namely :- "(5) Where any such appeal is duly made,- (a) the 6[Apex Grievance Redressal Committee] may, by interim order, suspend the operation of the clearance order either generally, or in so far as it affects any property, until the final determination of the appeal ; (b) the 7[Apex Grievance Redressal Committee] if satisfied upon hearing of the appeal that the clearance order is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been compiled with, may quash the clearance order either generally, or in so far as it affects any property of the appellant ; (c) the decision of the 8[Apex Grievance Redressal Committee] in such appeal regarding such declaration and execution of clearance order shall be final.";] 9[(E) for sub-section (6) and (7), the following sub-sections shall be substituted, namely :- "(6) Subject to the provisions of the last preceding sub-section, the clearance order shall become operative at the expiration of time limit specified by the Chief Executive Officer in the clearance order issued under sub-section (1) from the date on which the notice of confirmation of the clearance order is published in accordance with the provisions of this Act. (7) When the clearance order becomes operative, the owners of building to which the clearance order applies shall, demolish the building before the expiration of time limit specified by the Chief Executive Officer in the clearance order, issued under sub-section (1) from the date on which the building is required by the clearance order to be vacated, or before the expiration of such longer period as in the circumstances of the case, the Chief Executive Officer may deem reasonable.";] 10[(F) for sub-section (8), the following sub-section shall be substituted, namely :- "(8) If the building is not demolished before the expiration of the period mentioned in sub-section (7), the Chief Executive Officer may enter and demolish the building and sell the material thereof.";] (G) in sub-section (9), for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted. 11[(H) in sub-section (10), the following sub-section shall be substituted, namely :- "(10) Subject to the provisions of this Act and of any other law for the time being in force, in relation to the town planning and to the regulation of the erection of building, where a clearance order has become operative, the owner of the land to which the clearance order applies, may redevelop the land in accordance with the plans approved by the Slums Rehabilitation Authority and subject to such restrictions and conditions (including a condition with regard to the time specified in the general Slum Rehabilitation Scheme, within which the redevelopment shall be completed), if any, as that Authority may think fit to impose : Provided that, the owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the Chief Executive officer to cancel or modify any such restriction or condition may, appeal to the 12[Apex Grievance Redressal Committee] and the decision of the 13[Apex Grievance Redressal Committee] regarding restriction and condition imposed shall be final."; 14[(iii) for section 13, the following section shall be substituted, namely :- "13. Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area.- (1) Notwithstanding anything contained in sub-section (10) of section 12, the Chief Executive Officer shall, after any land has been declared as the Slum Rehabilitation Area, including community economic activity area, if the owners, landholders or occupants of such land do not come forward within a reasonable time, which shall not be more than one hundred and twenty days, required for relocation and rehabilitation of protected and other occupiers justifying with the Slum Rehabilitation Scheme for redevelopment of such land, by order, determine to redevelop such land by entrusting into any agency or other developer for the purpose. (2) Where on declaration of any land as Slum Rehabilitation Area, the Chief Executive Officer is satisfied that, the land in the Slum Rehabilitation Area has been or is being developed by the owners, landholders or occupants or developers in contravention of the plans duly approved, or any restrictions or conditions imposed under sub-section (10) of section 12, or in contravention of any provision of any Slum Rehabilitation Scheme or any condition specified in the approval or has not been developed within the time, as specified under such conditions of approval, he may, by order, determine to develop the land declared as Slum Rehabilitation Area by entrusting it to any agency or the other developer recognized by him for the purpose. (3) The agency or the other developer so appointed shall within a period of forty-five days of the order of the Chief Executive Officer, be required to deposit an amount of compensation payable to the outgoing landowners or occupants or developers, as the case may be, for expenditure incurred by them on payment made to any public authority, local bodies for receiving approvals for the Slum Rehabilitation Scheme and construction of rehabilitation tenements as determined by the Chief Executive Officer : Provided that, such compensation shall not be payable by the agency appointed by the Chief Executive Officer, for any expenditure incurred towards construction to meet conditional obligations made to any third party by the landowners or occupants or previous developers, as the case may be. The Chief Executive Officer before passing such order shall obtain report from approved valuer independently appointed on his behalf and by the concerned parties to the proceeding before the Chief Executive Officer : Provided further that, before passing such order by the Chief Executive Officer, the concerned landowner or occupant or developer, as the case may be, shall be given a reasonable opportunity of being heard and time which shall not be more than thirty days of showing cause why the order should not be passed : Provided also that, an appeal, if any, against the order of the Chief Executive Officer shall be filed before the 15[Apex Grievance Redressal Committee] and order of the 16[Apex Grievance Redressal Committee] shall be final and binding on all the parties."]; (c) in Chapter V,- (i) in section 14, in sub-section (1),- 17[(A) for the portion beginning with the words "Where on any representation" and ending with the words "clearance area", the following portion shall be substituted, namely :- "Where on any representation from the Chief Executive Officer it appears to the State Government that, in order to enable the Slum Rehabilitation Authority to carry out development under the Slum Rehabilitation Scheme in any Slum Rehabilitation Area"]; (B) after the proviso, the following proviso shall be added, namely :- "Provided further that, the State Government may delegate its powers under this sub-section to any officer not below the rank of Commissioner."; 18[(ii) in section 15,- (A) for sub-section (3), the following sub-section shall be substituted, namely :- "(3) Where the land has been acquired for the Slum Rehabilitation Authority, the State Government shall, after it has taken possession thereof, by notification in the Official Gazette, upon such conditions as may be agreed upon between Government and Slum Rehabilitation Authority, transfer the land to the Slum Rehabilitation Authority and thereupon the Slum Rehabilitation Authority may entrust, in accordance with the provisions of section 3B(4), the work of development of such area to any other agency as provided in sub-section (1) of section 13, or to a Co-operative Housing Society of the occupants of such rehabilitation area or occupants of any other area which has been declared as Slum Rehabilitation Area."; (B) for sub-section (4), the following sub-section shall be substituted, namely :- "(4) The Slum Rehabilitation Authority may, subject to such terms and conditions as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land to the Co-operative Housing Societies of such occupants.";] 19[(iii) in section 17,- (A) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted; (B) for the word "Tribunal", in both the places where it occurs, the words "Special Tribunal" shall be substituted;] 20[(iv) in section 18,- (A) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted; (B) for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted]; 21[(v) in section 19, for the words "Competent Authority", at both the places where they occur, the words "Chief Executive Officer" shall be substituted; (vi) in section 20, including in the marginal note, for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted; (vii) in section 21, for the words "Competent Authority", the words "Chief Executive Officer" shall be substituted;] (d) in Chapter VI,- (i) sections 22, 23, 23A and 26 shall mutatis mutandis apply to the slum rehabilitation area; (ii) for sections 24 and 25, the following section shall be substituted, namely :- "24. Allotment of tenements to occupants.- (1) Where an occupant of any premises in an area declared as a slum rehabilitation area has vacated or is evicted from, such premises, on the ground that, the premises are required for the purpose of development under the Slum Rehabilitation Scheme, such occupant may, within such time as may be prescribed, sign a declaration with the Slum Rehabilitation Authority that he desired to be rehabilitated in that area after its redevelopment under the said Scheme. (2) On the receipt of such declaration, the Slum Rehabilitation Authority shall register his declaration in the prescribed manner and on completion of the development of the area and reconstruction of the buildings in the said area under the Scheme, give notice to the registered occupants by affixing it in some conspicuous part of the building and sending it by post to the address which may have been registered with the Slum Rehabilitation Authority by such occupants and in such other manner as may be determined by the Slum Rehabilitation Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should vacant transit accommodation, if any, given to them and occupy the building so erected within a period specified in the notice."; (e) in Chapter VII,- 22* * * * * * (i) in section 28, for the words "slum area" the words "slum rehabilitation area" shall be substituted; 23[(i-a) for section 33, the following section shall be substituted, namely:- "33. Power of eviction to be exercised by Chief Executive Officer.- Where the Chief Executive Officer is satisfied either upon a representation from the owner of a building or from the developer or the Co-operative Society of the Slum Rehabilitation Scheme in the Slum Rehabilitation Area or, upon other information in possession that the occupants of the building have not vacated it in pursuance of any slum clearance order under section 12 or direction issued or given by him or the tenements constructed in Slum Rehabilitation Area are occupied without the permission or allotment by him or tenements are occupied without Occupation Certificate, he shall, by order, direct the eviction of the occupants from such building in such manner and within such time which is not more than thirty days as may be specified in the order, and for the purpose of such eviction, may use or cause to be used such force as may be necessary: Provided that, the Chief Executive Officer shall exercise his powers under this section only in respect of the Slum Rehabilitation Area on which Slum Rehabilitation Scheme has been approved by him: Provided further that, before making any order under this section, the Chief Executive Officer shall give a reasonable opportunity of being heard within such time which is not more than thirty days, as may be specified in the order, to the owners or occupants of the buildings, to slow cause why they should not be evicted therefrom.";] (ii) in section 34, for the words "slum area", in both the places where they occur, the words "slum rehabilitation area" shall be substituted; 24* * * * * * (iv) in section 37, for the words "clearance area" the words "slum rehabilitation area" shall be substituted; 25[(v) in section 38, in following section shall be substituted, namely :- "38. Order of demolition of building in certain areas.- (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 (10) of section 12, or a plan for the redevelopment of any Slum Rehabilitation Area or in contravention of any notice, order or direction issued or given under this Act, the Chief Executive Officer 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 or by the developer or by the occupant, as the case may be, thereof within such time not exceeding thirty days as may be specified in the order, and on the failure of the owner or the developer or the occupant, as the case may be, to comply with the order, the building so erected shall be liable for forfeiture or for summary demolition by an order of the Chief Executive Officer 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 or the occupant, as the case may be, has been given a reasonable opportunity of being heard. (2) The forfeiture under this section be adjudged by the Chief Executive Officer and any property so forfeited shall be disposed of as the Chief Executive Officer may direct; and the cost of removal of the property under this section shall be recoverable as arrears of land revenue. (3) For the purpose of causing any building to be demolished under sub-section (1), the Chief Executive Officer use or cause to be used such force as may be necessary: Provided that, the Chief Executive Officer shall exercise his powers under sub-section (1), (2) or (3) above only in respect of the Slum Rehabilitation Area on which the Slum Rehabilitation Scheme has been approved by him.";"] (vi) in section 41, after the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be inserted; (vii) in section 42,- 26[(A) after the words "in respect of any matter which" the words "the Slum Rehabilitation Authority," shall be inserted;] (B) for the word "Tribunal" the words "Special Tribunal" shall be substituted; (viii) in section 43, after the words "Competent Authority" the words, "Slum Rehabilitation Authority" shall be inserted; (ix) in section 44, for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted; (x) in section 44A,- (A) in sub-section (2), for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted; (B) in the marginal note, for the word "Tribunal" the words "Special Tribunal" shall be substituted; (xi) throughout section 45, including in the marginal note, for the words "the Tribunal", wherever they occur, the words "the Special Tribunal" shall be substituted; (xii) for section 47, the following section shall be substituted, namely :- "47. Cesser of corresponding laws.- Where 27[any land] is declared to be a slum rehabilitation area then as from the date of such declaration, the provisions of any municipal law or other law, corresponding to the provisions of this Chapter, for slum development in relation to such slum rehabilitation area, in force immediately before the said date shall, save as otherwise provided in this Chapter, cease to be in force in such slum rehabilitation area, but so long only as the said declaration remains in force".
<span style="margin-left:15px;"></span>On publication of the Slum Rehabilitation Scheme under sub-section (<i>1</i>) of section 3B, the provisions of other Chapters of this Act shall apply to any area declared as the slum rehabilitation area, subject to the following modifications, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) Chapters II and III shall be omitted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> in Chapter IV,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>i</i>) section 11 shall be omitted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>ii</i>) in section 12,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>1</sup>[(<i>A</i>) for sub-section (<i>1</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>1</i>) As soon as may be, after the Chief Executive Officer has declared any land to be a Slum Rehabilitation Area, and upon approval of the Slum Rehabilitation Scheme, he shall as early as possible proceed to make a clearance order in relation to that land within fifty days, order for the demolition of each buildings specified therein, and require each such building to be vacated by its occupier within such time which shall not be less than thirty days, but in any case not more than sixty days, as may be specified in such clearance order.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>B</i>) sub-sections (<i>2</i>) and (<i>3</i>) shall be omitted ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>2</sup>[(<i>C</i>) for sub-section (<i>4</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>4</i>) Any person aggrieved by the clearance order may, within thirty days of the publication of the notice of the confirmation of the clearance order prefer an appeal to the <sup>3</sup>[Apex Grievance Redressal Committee]. The decision of the <sup>4</sup>[Apex Grievance Redressal Committee] in such appeal shall be final.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>5</sup>[(<i>D</i>) for sub-section (<i>5</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>5</i>) Where any such appeal is duly made,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) the <sup>6</sup>[Apex Grievance Redressal Committee] may, by interim order, suspend the operation of the clearance order either generally, or in so far as it affects any property, until the final determination of the appeal ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> the <sup>7</sup>[Apex Grievance Redressal Committee] if satisfied upon hearing of the appeal that the clearance order is not within the powers of this Act, or that the interest of the appellant have been substantially prejudiced, by any requirement of this Act not having been compiled with, may quash the clearance order either generally, or in so far as it affects any property of the appellant ;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>c</i>) the decision of the <sup>8</sup>[Apex Grievance Redressal Committee] in such appeal regarding such declaration and execution of clearance order shall be final.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>9</sup>[(<i>E</i>) for sub-section (<i>6</i>) and (<i>7</i>), the following sub-sections shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>6</i>) Subject to the provisions of the last preceding sub-section, the clearance order shall become operative at the expiration of time limit specified by the Chief Executive Officer in the clearance order issued under sub-section (<i>1</i>) from the date on which the notice of confirmation of the clearance order is published in accordance with the provisions of this Act.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>7</i>) When the clearance order becomes operative, the owners of building to which the clearance order applies shall, demolish the building before the expiration of time limit specified by the Chief Executive Officer in the clearance order, issued under sub-section (<i>1</i>) from the date on which the building is required by the clearance order to be vacated, or before the expiration of such longer period as in the circumstances of the case, the Chief Executive Officer may deem reasonable.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>10</sup>[(<i>F</i>) for sub-section (<i>8</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>8</i>) If the building is not demolished before the expiration of the period mentioned in sub-section (<i>7</i>), the Chief Executive Officer may enter and demolish the building and sell the material thereof.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>G</i>) in sub-section (<i>9</i>), for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>11</sup>[(<i>H</i>) in sub-section (<i>10</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>10</i>) Subject to the provisions of this Act and of any other law for the time being in force, in relation to the town planning and to the regulation of the erection of building, where a clearance order has become operative, the owner of the land to which the clearance order applies, may redevelop the land in accordance with the plans approved by the Slums Rehabilitation Authority and subject to such restrictions and conditions (including a condition with regard to the time specified in the general Slum Rehabilitation Scheme, within which the redevelopment shall be completed), if any, as that Authority may think fit to impose :<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that, the owner who is aggrieved by a restriction or condition so imposed on the user of his land, or by a subsequent refusal of the Chief Executive officer to cancel or modify any such restriction or condition may, appeal to the <sup>12</sup>[Apex Grievance Redressal Committee] and the decision of the <sup>13</sup>[Apex Grievance Redressal Committee] regarding restriction and condition imposed shall be final.";<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>14</sup>[(<i>iii</i>) for section 13, the following section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><b>"13. Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area.-</b> (<i>1</i>) Notwithstanding anything contained in sub-section (<i>10</i>) of section 12, the Chief Executive Officer shall, after any land has been declared as the Slum Rehabilitation Area, including community economic activity area, if the owners, landholders or occupants of such land do not come forward within a reasonable time, which shall not be more than one hundred and twenty days, required for relocation and rehabilitation of protected and other occupiers justifying with the Slum Rehabilitation Scheme for redevelopment of such land, by order, determine to redevelop such land by entrusting into any agency or other developer for the purpose.<br> <span style="margin-left:15px;"></span>(<i>2</i>) Where on declaration of any land as Slum Rehabilitation Area, the Chief Executive Officer is satisfied that, the land in the Slum Rehabilitation Area has been or is being developed by the owners, landholders or occupants or developers in contravention of the plans duly approved, or any restrictions or conditions imposed under sub-section (<i>10</i>) of section 12, or in contravention of any provision of any Slum Rehabilitation Scheme or any condition specified in the approval or has not been developed within the time, as specified under such conditions of approval, he may, by order, determine to develop the land declared as Slum Rehabilitation Area by entrusting it to any agency or the other developer recognized by him for the purpose.<br> <span style="margin-left:15px;"></span>(<i>3</i>) The agency or the other developer so appointed shall within a period of forty-five days of the order of the Chief Executive Officer, be required to deposit an amount of compensation payable to the outgoing landowners or occupants or developers, as the case may be, for expenditure incurred by them on payment made to any public authority, local bodies for receiving approvals for the Slum Rehabilitation Scheme and construction of rehabilitation tenements as determined by the Chief Executive Officer :<br> <span style="margin-left:15px;"></span>Provided that, such compensation shall not be payable by the agency appointed by the Chief Executive Officer, for any expenditure incurred towards construction to meet conditional obligations made to any third party by the landowners or occupants or previous developers, as the case may be. The Chief Executive Officer before passing such order shall obtain report from approved valuer independently appointed on his behalf and by the concerned parties to the proceeding before the Chief Executive Officer :<br> <span style="margin-left:15px;"></span>Provided further that, before passing such order by the Chief Executive Officer, the concerned landowner or occupant or developer, as the case may be, shall be given a reasonable opportunity of being heard and time which shall not be more than thirty days of showing cause why the order should not be passed :<br> <span style="margin-left:15px;"></span>Provided also that, an appeal, if any, against the order of the Chief Executive Officer shall be filed before the <sup>15</sup>[Apex Grievance Redressal Committee] and order of the <sup>16</sup>[Apex Grievance Redressal Committee] shall be final and binding on all the parties."];<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>c</i>) in Chapter V,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>i</i>) in section 14, in sub-section (<i>1</i>),-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>17</sup>[(<i>A</i>) for the portion beginning with the words "Where on any representation" and ending with the words "clearance area", the following portion shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"Where on any representation from the Chief Executive Officer it appears to the State Government that, in order to enable the Slum Rehabilitation Authority to carry out development under the Slum Rehabilitation Scheme in any Slum Rehabilitation Area"];<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> after the proviso, the following proviso shall be added, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"Provided further that, the State Government may delegate its powers under this sub-section to any officer not below the rank of Commissioner.";<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>18</sup>[(<i>ii</i>) in section 15,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>A</i>) for sub-section (<i>3</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>3</i>) Where the land has been acquired for the Slum Rehabilitation Authority, the State Government shall, after it has taken possession thereof, by notification in the <i>Official Gazette</i>, upon such conditions as may be agreed upon between Government and Slum Rehabilitation Authority, transfer the land to the Slum Rehabilitation Authority and thereupon the Slum Rehabilitation Authority may entrust, in accordance with the provisions of section 3B(<i>4</i>), the work of development of such area to any other agency as provided in sub-section (<i>1</i>) of section 13, or to a Co-operative Housing Society of the occupants of such rehabilitation area or occupants of any other area which has been declared as Slum Rehabilitation Area.";<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> for sub-section (<i>4</i>), the following sub-section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>"(<i>4</i>) The Slum Rehabilitation Authority may, subject to such terms and conditions as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land to the Co-operative Housing Societies of such occupants.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>19</sup>[(<i>iii</i>) in section 17,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>A</i>) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> for the word "Tribunal", in both the places where it occurs, the words "Special Tribunal" shall be substituted;]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>20</sup>[(<i>iv</i>) in section 18,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>A</i>) for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted];<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>21</sup>[(<i>v</i>) in section 19, for the words "Competent Authority", at both the places where they occur, the words "Chief Executive Officer" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>vi</i>) in section 20, including in the marginal note, for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>vii</i>) in section 21, for the words "Competent Authority", the words "Chief Executive Officer" shall be substituted;]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>d</i>) in Chapter VI,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>i</i>) sections 22, 23, 23A and 26 shall <i>mutatis mutandis</i> apply to the slum rehabilitation area;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>ii</i>) for sections 24 and 25, the following section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><b>"24. Allotment of tenements to occupants.-</b> (<i>1</i>) Where an occupant of any premises in an area declared as a slum rehabilitation area has vacated or is evicted from, such premises, on the ground that, the premises are required for the purpose of development under the Slum Rehabilitation Scheme, such occupant may, within such time as may be prescribed, sign a declaration with the Slum Rehabilitation Authority that he desired to be rehabilitated in that area after its redevelopment under the said Scheme.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>2</i>) On the receipt of such declaration, the Slum Rehabilitation Authority shall register his declaration in the prescribed manner and on completion of the development of the area and reconstruction of the buildings in the said area under the Scheme, give notice to the registered occupants by affixing it in some conspicuous part of the building and sending it by post to the address which may have been registered with the Slum Rehabilitation Authority by such occupants and in such other manner as may be determined by the Slum Rehabilitation Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should vacant transit accommodation, if any, given to them and occupy the building so erected within a period specified in the notice.";<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>e</i>) in Chapter VII,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>22</sup>*<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>i</i>) in section 28, for the words "slum area" the words "slum rehabilitation area" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>23</sup>[(<i>i-a</i>) for section 33, the following section shall be substituted, namely:-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><b>"33. Power of eviction to be exercised by Chief Executive Officer.-</b> Where the Chief Executive Officer is satisfied either upon a representation from the owner of a building or from the developer or the Co-operative Society of the Slum Rehabilitation Scheme in the Slum Rehabilitation Area or, upon other information in possession that the occupants of the building have not vacated it in pursuance of any slum clearance order under section 12 or direction issued or given by him or the tenements constructed in Slum Rehabilitation Area are occupied without the permission or allotment by him or tenements are occupied without Occupation Certificate, he shall, by order, direct the eviction of the occupants from such building in such manner and within such time which is not more than thirty days as may be specified in the order, and for the purpose of such eviction, may use or cause to be used such force as may be necessary:<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that, the Chief Executive Officer shall exercise his powers under this section only in respect of the Slum Rehabilitation Area on which Slum Rehabilitation Scheme has been approved by him:<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided further that, before making any order under this section, the Chief Executive Officer shall give a reasonable opportunity of being heard within such time which is not more than thirty days, as may be specified in the order, to the owners or occupants of the buildings, to slow cause why they should not be evicted therefrom.";]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>ii</i>) in section 34, for the words "slum area", in both the places where they occur, the words "slum rehabilitation area" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>24</sup>*<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span> *<span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>iv</i>) in section 37, for the words "clearance area" the words "slum rehabilitation area" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>25</sup>[(<i>v</i>) in section 38, in following section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><b>"38. Order of demolition of building in certain areas.-</b> (<i>1</i>) 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 (<i>10</i>) of section 12, or a plan for the redevelopment of any Slum Rehabilitation Area or in contravention of any notice, order or direction issued or given under this Act, the Chief Executive Officer 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 or by the developer or by the occupant, as the case may be, thereof within such time not exceeding thirty days as may be specified in the order, and on the failure of the owner or the developer or the occupant, as the case may be, to comply with the order, the building so erected shall be liable for forfeiture or for summary demolition by an order of the Chief Executive Officer and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue:<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that, no such order shall be made unless the owner or the occupant, as the case may be, has been given a reasonable opportunity of being heard.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>2</i>) The forfeiture under this section be adjudged by the Chief Executive Officer and any property so forfeited shall be disposed of as the Chief Executive Officer may direct; and the cost of removal of the property under this section shall be recoverable as arrears of land revenue.<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>3</i>) For the purpose of causing any building to be demolished under sub-section (<i>1</i>), the Chief Executive Officer use or cause to be used such force as may be necessary:<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that, the Chief Executive Officer shall exercise his powers under sub-section (<i>1</i>), (<i>2</i>) or (<i>3</i>) above only in respect of the Slum Rehabilitation Area on which the Slum Rehabilitation Scheme has been approved by him.";"]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>vi</i>) in section 41, after the words "Competent Authority" the words "Slum Rehabilitation Authority" shall be inserted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>vii</i>) in section 42,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><sup>26</sup>[(<i>A</i>) after the words "in respect of any matter which" the words "the Slum Rehabilitation Authority," shall be inserted;]<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> for the word "Tribunal" the words "Special Tribunal" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>viii</i>) in section 43, after the words "Competent Authority" the words, "Slum Rehabilitation Authority" shall be inserted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>ix</i>) in section 44, for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>x</i>) in section 44A,-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>A</i>) in sub-section (<i>2</i>), for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(B)</i> in the marginal note, for the word "Tribunal" the words "Special Tribunal" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>xi</i>) throughout section 45, including in the marginal note, for the words "the Tribunal", wherever they occur, the words "the Special Tribunal" shall be substituted;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>xii</i>) for section 47, the following section shall be substituted, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><b>"47. Cesser of corresponding laws.-</b> Where <sup>27</sup>[any land] is declared to be a slum rehabilitation area then as from the date of such declaration, the provisions of any municipal law or other law, corresponding to the provisions of this Chapter, for slum development in relation to such slum rehabilitation area, in force immediately before the said date shall, save as otherwise provided in this Chapter, cease to be in force in such slum rehabilitation area, but so long only as the said declaration remains in force".<br> <br>