Primary law, Tamil Nadu land law
The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (1971)
The Legislature of the State of Tamil Nadu enacted the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, Act Number XI of 1971, with the supplied record listing 1 January 1971 as its effective date. The Act provides for declaring, registering, controlling and improving slum areas across T...
What the Act governs
The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 extends to the whole of Tamil Nadu. It was enacted to address unhealthy and insanitary conditions, improve accommodation and living conditions, promote public health, clear areas unfit for human habitation, acquire land and rehabilitate slum dwellers.
The State Government may notify an area as a slum area when it is low-lying, insanitary, overcrowded or otherwise dangerous to public health, safety or convenience. An area may also qualify where buildings are unfit for human habitation or conditions such as dilapidation, poor design, narrow streets, congestion, inadequate ventilation, light or sanitation are harmful.
Who may be affected
The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 affects owners, occupiers, tenants, rent-free tenants, licensees and other people using buildings or land in a notified slum area. The definition of owner includes a person entitled to receive rent personally or on behalf of another person.
A person claiming an interest in compensation for acquired land or buildings is also treated as a person interested.
Key provisions
- Owners or occupiers of buildings situated in a slum area must send the prescribed authority a statement within the prescribed period. After verification, the authority registers the building and issues a registration certificate.
- The prescribed authority may require prior written permission before anyone erects a building in a slum area. Erection includes extension, alteration and re-erection.
- A building restriction notification expires after two years, except for matters already done or omitted before expiry.
- The prescribed authority may order improvement works when an area can reasonably be made safe or a building can be made fit for habitation.
- Improvement works may include structural alterations, water taps, bathing places, drains, latrines, fixtures, paved courtyards, rubbish removal and necessary demolition.
- An improvement notice must allow at least sixty days for compliance.
- If the notice is not followed, the prescribed authority may carry out the work. Expenses and Government-fixed interest may be recovered as arrears of land revenue and become a charge on the relevant property.
Practical impact for property holders
The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 can affect registration, construction, alteration, improvement obligations and financial liabilities for property within a notified slum area. The source states that notification as a slum area and declaration as a slum clearance area are mandatory before eviction by the Tamil Nadu Slum Clearance Board.
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
Is a poorly maintained neighbourhood automatically a slum area under the Act?
No. The State Government must declare the particular area to be a slum area by notification after being satisfied that the stated conditions apply.
Must a building in a notified slum area be registered?
Yes. The owner or occupier must send the prescribed statement within the prescribed period, after which the prescribed authority may register the building and issue a certificate.
Can I construct or alter a building in a slum area without permission?
The prescribed authority may issue a notification requiring prior written permission. The Act treats extension, alteration and re-erection as erection.
What happens if an owner does not complete required improvement works?
After the time in the notice expires, the prescribed authority may execute the works. The expenses and applicable interest may be recovered as arrears of land revenue and charged against the property.
