Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012

No: 11 Dated: Apr, 26 2012

THE JAMMU AND KASHMIR PROPERTY RIGHTS TO SLUM DWELLERS ACT, 2012

(Act No. XI of 2012)

    An Act to provide for facilitation of inclusive growth and slum-free cities, lay down general principles applicable to slum-free cities in all spheres of Government and according property rights to slum dwellers and to provide for matters connected therewith or incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixtythird Year of the Republic of India as follows:––

CHAPTER I

Preliminary

1. Short title and commencement. ––(1) This Act may be called the Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012.

(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different areas

2. Definitions.– In this Act, unless the context otherwise requires,––

(1) “ Act” means the Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012 ;

(2) “affordable cost” means a cost that is based on the needs and financial capability of the slum dweller, as determined by the State Slum Redevelopment Authority ;

(3) “authorized officer” means any officer as may be specifically authorized by the Government to exercise the powers of an authorized officer in any specified area ;

(4) “basic civic services” means services of drinking water supply, drainage, sewerage, solid waste disposal and street lighting ;

(5) “building” includes a house, out-house, stable, shed, hut and other enclosure or structure, whether of masonry bricks, wood, mud, metal or any other material whatsoever, whether used as human dwelling or otherwise; and also includes verandahs, fixed platforms, plinths, doorsteps, electric meters, walls including compound walls and fencing and the like, but does not include plant or machinery comprised in a building ;

(6) “carpet area” means the net usable floor area of a dwelling house, excluding that covered by the walls and the common areas ;

(7) “Central Government land” means land owned by the Central Government or its undertakings ;

(8) “Chairperson” means the Chairperson of the City Slum Redevelopment Committee appointed under section 8 of the Act ;

(9) “City Slum Redevelopment Committee” and “District Slum Redevelopment Committee” means City Slum Redevelopment Committee and District Slum Redevelopment Committee appointed under section 8 or 9 of the Act, as the case may be ;

(10) “Deputy Commissioner” means the Deputy Commissioner of a district and includes an Additional Deputy Commissioner or any officer specially appointed by the Government to perform the functions of a Deputy Commissioner under the Act ;

(11) “development/redevelopment” with its grammatical variations and cognate expressions, means the carrying out of any building, engineering or other operations in, on, over or under land or the making of any material change in any building or land and includes layout and sub-division of any land ;

(12) “dwelling house” means an all weather single/multi-storied super structure with adequate basic infrastructure including portable water, and sanitation for a quality living ;

(13) “dwelling space” means a dwelling house or a piece of land for construction of a dwelling house ;

(14) “Floor Space Index/Floor Area Ratio” means the area that can be constructed on a piece of land divided by the total area of the land ;

(15) “Government” means the Government of Jammu and Kashmir ;

(16) “Government land” means any land owned or acquired by the Union territory of Jammu and Kashmir Government or its undertakings or the Urban Local Body or Development Authorities situated in a district or an urban area, as the case may be ;

(17) “in-situ slum re-development” means the process of redevelopment of slum areas by providing dwelling space and other basic civic and infrastructural services to the slum dwellers, on the existing land on which the slum is based ;

(18) “land’ includes benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth ;

(19) “landless person” means a person who does not own either in his own name or in the name of any member of his family any dwelling house or land in an urban area ;

(20) “Member” in relation to the District or City Slum Redevelopment Committee, means the member of the City Slum Redevelopment Committee appointed under sections 7 & 8 and includes the Chairperson ;

(21) “person” includes an individual and his family. Explanation:–– ‘family’ includes husband, wife, minor son, unmarried daughter or any relation by blood wholly dependent on the slum dweller ;

(22) “prescribed” means prescribed by rules made under the Act ;

(23) “private land” means land owned by a private person or entity ;

(24) “property” means the land, the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and includes every type of right and interest in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference, right of disposition and franchises ;

(25) “rule” means the rules made under the Act by the Government ;

(26) “scheme” means any arrangement or plan prepared and declared under the Act for the protection, redevelopment, up-gradation, relocation and resettlement of slum dwellers as provided under section 11 ;

(27) “slum” or “slum area” means a compact settlement of at least 10 to 15 households with a collection of poorly built tenements, mostly of temporary nature, crowded together usually with inadequate sanitary and drinking water facilities in unhygienic conditions ;

(28) “slum dweller” means any person and is residing within the limits of a slum area ;

(29) “slum resettlement” means the process of relocation and settlement of slum dwellers from the existing slums to an alternative site with dwelling space, basic civic and infrastructural services ;

(30) “State Authority” means the State Slum Redevelopment Authority established under section 12 of the Act ;

(31) “tenable settlement” means all slums which do not fall within the definition of Untenable Settlements ;

(32) “untenable settlements” are those settlements which are on environmentally hazardous sites, ecologically sensitive sites, prohibited areas around heritage sites, and on land marked for public spaces, utilities and services and infrastructure ;

(33) “up-gradation” means the process of improving the quality or expanding of dwelling spaces occupied by slum dwellers with provision of basic services and infrastructure services and includes landscaping ;

(34) “Urban Area” means the areas notified as Municipal Corporation, Municipal Council or Municipal Committee under the Jammu and Kashmir Municipal Corporation Act, 2000, and Jammu and Kashmir Municipal Act, 2000, and it also includes area under Cantonment Board and the areas notified as “Local Area” under sub-section (1) of section 3 of Jammu and Kashmir Development Act, 1970 ; and

(35) Words and expressions used but not defined in this Act shall have the same meaning as assigned to them respectively under the Jammu and Kashmir Municipal Corporation Act, 2000, Jammu and Kashmir Municipal Act, 2000, Jammu and Kashmir Town Planning Act, 1963 and the Jammu and Kashmir Development Act, 1970.