Primary law, Tamil Nadu land law
The Slum Areas (Improvement and Clearance) Act, 1956
The Slum Areas (Improvement and Clearance) Act, 1956, Act No. 96 of 1956, was enacted by Parliament on 29th December, 1956 to improve and clear slum areas in certain Union territories and protect tenants there from eviction. The supplied text includes later amendments, including changes made by Act 43 of 1964 and an extension to Pondicherry under Act 26 of 1968, and provides that commencement in each Union territory depends on a Central Government notification.
Scope and relevance
The Slum Areas (Improvement and Clearance) Act, 1956 applies to Union territories, subject to the exclusions stated in the Act and commencement by Central Government notification. It does not state that it applies generally across Tamil Nadu. The supplied text records that it was extended to Pondicherry under Act 26 of 1968.
The legislation matters to owners, occupiers, tenants, landlords, lessees, mortgagees and buyers dealing with property in an area officially declared to be a slum area. A buyer should check whether the property is covered by an Official Gazette declaration or by notices concerning improvement, demolition, clearance, redevelopment or acquisition.
Declaration and improvement of slum areas
The competent authority may declare an area to be a slum area when buildings are unfit for human habitation or conditions such as dilapidation, overcrowding, poor street layout, inadequate ventilation, insufficient light or lack of sanitation are detrimental to safety, health or morals.
Key provisions include:
- Building fitness is assessed by reference to repair, stability, damp, natural light and air, water supply, drainage, sanitation, food preparation and waste water disposal.
- An owner may receive at least thirty days to complete specified improvement works.
- Improvement works may include repairs, structural alterations, water taps, bathing places, drains, latrines, fixtures, courtyard paving and rubbish removal.
- If the notice is not followed, the competent authority may carry out the work and recover expenses, together with interest fixed by Central Government order, as arrears of land revenue.
- Maintenance costs and costs connected with amenities created by improvement works may be recovered from occupiers as arrears of land revenue.
Building and demolition controls
The competent authority may notify that buildings cannot be erected in a slum area without its prior written permission. Such a notification normally ceases after two years, except for matters already done or omitted.
Permission may be granted with conditions or refused after giving the applicant a reasonable opportunity to explain why it should not be refused. A building that is unfit for human habitation and cannot reasonably be made fit may become subject to demolition proceedings, with notice given to its owner and other interested persons.
Wider powers
The Slum Areas (Improvement and Clearance) Act, 1956 also provides for clearance areas, redevelopment, Central Government acquisition of land, compensation, tenant eviction protection, appeals, entry and inspection, penalties and rule-making.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply to every property in Tamil Nadu?
No. The Slum Areas (Improvement and Clearance) Act, 1956 applies to specified Union territories after commencement by Central Government notification. The supplied text records an extension to Pondicherry, but does not state that the Act applies generally throughout Tamil Nadu.
How can an area be declared a slum area?
The competent authority may issue an Official Gazette notification where buildings are unfit for human habitation or where factors such as overcrowding, dilapidation, poor ventilation, inadequate light or lack of sanitation are detrimental to safety, health or morals.
Can an owner be required to improve a building?
Yes. The competent authority may serve a notice requiring specified improvement works within a period of at least thirty days. If the notice is not followed, the authority may do the work and recover its expenses and applicable interest as arrears of land revenue.
Do I need permission to construct in a declared slum area?
Permission is required if the competent authority has issued an Official Gazette notification restricting building in that slum area. The competent authority may grant permission with conditions or refuse it after giving the applicant a reasonable opportunity to respond.
