In exercise of the powers conferred by
Section 14 of the Andhra Pradesh Slum Improvement (Acquisition of Land) Act,
1956 (Act XXXIII of 1956), the Governor of Andhra Pradesh hereby makes
following rules : These rules may be called the Andhra
Pradesh Slum Improvement (Acquisition of Land) Rules. 1964. In these rules, unless the context
otherwise requires : (i)
"Act" means the Andhra Pradesh Slum
Improvement (Acquisition of Land) Act, 1956; (ii)
"Board of Revenue" means the Board
of Revenue, Andhra Pradesh, Hyderabad; (iii)
"Commissioner" means the
Commissioner, Municipal Corporation of Hyderabad or the Commissioner of a
Municipality constituted under the Andhra Pradesh (Andhra Area) District
Municipalities Act, 1920 or the Executive Officer of a Municipality Constituted
under the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956; (iv)
"Collector" means the Collector of
the District concerned; (v)
"Director" means the Director of
Town Planning, Andhra Pradesh, Hyderabad; (vi)
"Director of Municipal Administration"
means the Director of Municipal Administration, Andhra Pradesh, Hyderabad; (vii)
"Director of Public Health" means
the Director of Public Health, Andhra Pradesh, Hyderabad; (viii)
"Government" means the Government
of Andhra Pradesh; (ix)
"Schedule" means Schedule appended
to these rules. (x)
"Tahsildar" means the Tahsildar and
includes Deputy Tahsildar having independent charge of a taluk or sub-taluk
within whose jurisdiction the slum area or part thereof is situated. The Director of Municipal
Administration may, at any time in respect of any area require the Commissioner
to submit to him through the Collector and the Director for his consideration
such plans, physical surveys, statistical data or other information as he may
direct. The Commissioner of a Municipality,
with the approval of the Municipal Council or committee concerned may request
the Director of Municipal Administration to declare any area as a slum area
under Section 3(1) of the Act. It shall be accompanied by such plans, physical
surveys, statistical data or information as may be required by the Director of
Municipal Administration. (1)
Every application made under Rule 4 shall be
in triplicate and shall be submitted to the Director of Municipal
Administration through the Collector and Director of Public Health. (2)
In the case of the cities of Hyderabad and
Secunderabad, the Municipal Corporation of Hyderabad may request the
Commissioner, Municipal Corporation of Hyderabad to declare any area as a slum
area under Section 3(1) of the Act. Before publishing a notification
declaring any area to be a slum area under Section 3(1) of the Act, the
Director of Municipal Administration or the Commissioner, Municipal Corporation
of Hyderabad as the case may be shall consult the Director of Town Planning. The Notification published under
Section 6(3) of the Act shall be in Form 1 set out in the Schedule. Copies of
the said notification shall be published by affixing it on the notice boards of
the offices of the Collector, the Tahsildar and the Commissioner. Immediately after the publication of a
notification under Section 3(1) the Director of Municipal Administration or
Commissioner, Municipal Corporation of Hyderabad shall issue notice which shall
be in Form II set out in the Schedule stating that the area has been declared
as a slum area and that the land therein is needed for acquisition for the
purpose of cleaning or improving the area and requiring all owners and other
persons interested in the land to present before him with fifteen days after
the service of the notice statements in writing of their cause against or
objections to the proposed acquisition. Such notice shall be served
individually on every owner or otherwise known or believed to be interested in
the land to be acquired, in the manner laid down by Section 11 of the Act and
also published at prominent places in the said area and copies thereof, shall
be affixed on the notice boards of the office of the Collector and the
Tahsildar. Every statement of objection shall
specify how the objector is interested in the land. (1)
If a statement of objector is filled by a
person who is not interested in the land, it shall be summarily rejected. (2)
If any objections are received from a person
interested in the land within the time prescribed in the notice, the Director
of Municipal Administration or Commissioner, Municipal Corporation of Hyderabad
shall fix a date for hearing the objections and give notice thereof to the
objectors. (3)
On the date fixed for enquiry or any other
date to which the enquiry may be adjourned, the Director of Municipal
Administration or Commissioner Municipal Corporation of Hyderabad shall hear
the objectors or their Advocates or the persons authorised by them in this
behalf and record any evidence that may be produced in support of the
objections. (1)
On completion of his enquiry, the Director of
Municipal Administration or Commissioner, Municipal Corporation of Hyderabad,
shall decide whether the land should be acquired or not and pass such orders as
he deems fit. If he decides to acquire the land, he shall publish the notice
required under Section 3(2) of the Act in the Andhra Pradesh Gazette which
shall be in Form III set out in the Schedule. (1)
Immediately after the publication of the
notice under Section 3(2), the Collector or any other officer authorised by the
Government in this behalf shall cause public notice to be given at prominent
places on or near any land acquired stating that the land has vested in them
and that claims for compensation for all interests in such land may be made to
him. The notice shall state the particulars of the land acquired under the Act
so needed and shall require all owners and other persons interested in the
lands to appear personally or by agent before him at a time and place therein
mentioned (such time being not earlier than fifteen days after the date of the
publication of the notice), and to state the nature of the respective interest
in the land and the particulars of their claims to compensation for such interests.
The owners and other persons interested in the land acquired shall also be
required to furnish such other particulars as will enable the Collector or
other officer authorised by the Government in this behalf to determine the
amount payable as compensation in respect of the lands under Section 6(1) of
the Act. (2)
The notices shall also be served individually
on every owner or other person known or believed to be interested in the lands
acquired, in the manner laid down by Section 11. The notice referred to in this
rule shall be in the Form IV set out in the Schedule. (1)
On the day fixed or any other day to which
the enquiry may be adjourned, the Collector or any other Officer authorised by
the Government in this behalf shall proceed to inquire into and shall determine
and record under Section 6(3) of the Act-- (a)
the true area of the land; (b)
the net average annual income actually
derived from the land in accordance with the provisions of Section 6(2) read
with the Schedule to the Act; (c)
the amounts that would have been payable as
compensation under the Land Acquisition Act, 1894. (2)
The notice to be published in the Andhra
Pradesh Gazette under Section 6(3) shall be in Form V set out in the Schedule
and the date to be specified under that section in such notice shall not be
earlier than fifteen days after the date of the publication of the notice in
the Andhra Pradesh Gazette. For the purpose of determining the net
average annual income derived from the land calculated in the manner and in
accordance with the principles set out in the Schedule to the Act, the number
of huts, referred to in clause 2(2) of the Schedule to the Acts shall be not
exceeding 25 in towns having density of population ranging from 20,000 to
30,000 persons per square mile and not exceeding 20 huts in the case of town of
lesser density; Provided that the Collector will have
power to decide, after consultation with the Municipal Council or the Municipal
Corporation of Hyderabad, as the case may be, and the Director of Town planning
different number taking into account the class of land and locality. After the expiry of the time specified
in the notice the Collector or any other officer authorised by the Government
in this behalf shall record under Section 6(1) the total amount payable as
compensation in respect of the land acquired and also determine under Section 7
the persons who, in his opinion, are entitled to the compensation and the
amounts payable to each of them, and shall immediately serve a notice
individually on all interested persons specifying the amount of compensation
awarded to each of them, and calling upon them to appear before him on a date
specified and receive, the amount determined, falling which the said amount
will be transferred to revenue deposit which bear no interest. The Director of Municipal
Administration or Commissioner, Municipal Corporation of Hyderabad may enter
upon the land acquired and take possession of it on any date after the
publication of the notice under Section 3(2) in the Andhra Pradesh Gazette: Provided that he shall not take
possession of any building without giving to the occupier thereof at least
forty eight hours notice of his intention so to do or such longer notice as may
be reasonably sufficient to enable such occupier to remove his movable property
from such building without unnecessary inconvenience. If the Director of Municipal
Administration or Commissioner, Municipal Corporation of Hyderabad, is
obstructed or impeded in taking possession of any land acquired, he shall apply
to the Police Officer having jurisdiction over the area and on such application
in writing the Police Officer shall give necessary protection to enable the
Director of Municipal Administration or the Commissioner of Municipal
Corporation of Hyderabad, to take possession of the land. The Collector of the District or any
other officer authorised by the Government in this behalf shall be the
prescribed authority for the purpose of Sections 6, 7, 8, 9, 10, 12 or 13 or
the Schedule to the Act.THE ANDHRA PRADESH SLUM IMPROVEMENT (ACQUISITION OF LAND)
RULES, 1964
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