Primary law, Tamil Nadu land law
The Tamil Nadu Slum Areas (Improvement and Clearance) Rules, 1971
The Governor of Tamil Nadu issued the Tamil Nadu Slum Areas (Improvement and Clearance) Rules, 1971 through G.O.Ms. No.1614, Labour (Housing) Department, dated 10th December 1971, using powers under the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. The rules set procedures, forms and time limits for building registration, construction permission, improvement and demolition notices, compensation appeals, tenant eviction matters and other appeals concerning notified slum areas and slum clearance areas.
What the rules govern
The Tamil Nadu Slum Areas (Improvement and Clearance) Rules, 1971 provide the administrative procedures required under the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971. They apply to owners, occupiers, tenants and applicants dealing with buildings in notified slum areas or slum clearance areas.
The prescribed authority for matters under Chapters III, IV, VII and IX of the Act is the Chairman of the Tamil Nadu Slum Clearance Board. For Chapter VI, the prescribed authority is the district Collector or a district officer authorised by the Government.
Building registration and construction
Key requirements include:
- An owner or occupier must submit the prescribed building statement within one month from notification of the slum area.
- The statement records details including the applicant, family, occupation, income, building, patta and survey number, construction materials and land ownership.
- A registration certificate is issued after the statement is entered in the register.
- An application to erect a building in a slum area must be submitted to the Chairman of the Tamil Nadu Slum Clearance Board in the prescribed form.
- The building application includes a site plan and building plans in triplicate, covering the ground plan, elevations, sections and work specifications.
The accompanying questionnaires ask about ownership consent, approved surveyor signatures, layout approval, electricity safety, combustible storage, public resort buildings, road junctions, open space, parking, sanitation and structural information, where relevant.
Demolition, compensation and appeals
The Tamil Nadu Slum Areas (Improvement and Clearance) Rules, 1971 prescribe forms and deadlines for enforcement and appeals:
- A demolition notice must be issued by the Chairman of the Tamil Nadu Slum Clearance Board in the prescribed form.
- A demolition order must be carried out within 30 days after the period stated in the notice expires.
- Owners in a notified slum clearance area must clear the area and demolish buildings within 30 days from notification.
- An appeal against a compensation determination must be filed within 30 days from receipt of the order.
- A person aggrieved by a notice, order or direction of the prescribed authority generally has 30 days from receipt to appeal to the Government.
Tenant protections and procedures
The rules prescribe an application form for obtaining previous permission to evict a tenant. A tenant wishing to return after improvement or reconstruction must file a declaration within 30 days from vacation or eviction. Provisional rent must be communicated by registered post with acknowledgement due, and the tenant must communicate acceptance within 30 days of receiving it.
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Common questions
Do I have to register a building located in a notified slum area?
The owner or occupier must file the prescribed statement within one month from the date on which the area is notified as a slum area.
Where should I apply for permission to construct in a slum area?
The application must be made to the Chairman of the Tamil Nadu Slum Clearance Board using the prescribed form, with the required site and building plans.
How long does an owner have to demolish buildings in a notified slum clearance area?
The owner must clear the area and demolish the buildings within 30 days from the date of the notification.
Can an evicted tenant ask to return after the building is improved or reconstructed?
Yes. The tenant must file a declaration with the Tamil Nadu Slum Clearance Board within 30 days from the date of vacation or eviction.