Property Rights to Slum Dwellers Act Draft for Suggestions by Ministry of Housing. Last Date 16th December

[Ghar Bachao Ghar Banao Andolan]

Dear All,

The Ministry of Housing & Urnban Poverty Alleviation has uploaded on its website the Draft Model Property Rights to Slum Dwellers Act,2011. They have asked for suggestions and comments on the same. Since the Model Draft Law is going to have an immense impact on the slum dwellers, we would request you to kindly go through the same and send your note of support/dissent to the concened authorities. The address/email id of the same are below and also attached along with is the copy of the Draft Act.

Warmly,

Simpreet Singh     Sumit Wajale     Santosh Daonkar

The Suggestions/Comments are to be sent to Director (RAY) on dirray...@nic.in before 16th December 2011

The salient features of the Draft Model Property Rights to Slum Dwellers Act, 2011 as per Ministry's press release are as under:

¨         Facilitation of inclusive growth and slum-free cities, to provide assured security of tenure, basic amenities and affordable housing to the slum-dwellers.

¨         Every landless person living in a slum area in any city or urban area on 4th June, 2009 shall be entitled to a dwelling space at an affordable cost.

¨         Every Slum dweller or the Collective of the Slum Dwellers shall be given a legal entitlement, which shall be in the name of the female head of the household or in the joint name of the male head of the household and his wife.

¨         Every slum dweller eligible shall be provided with basic civic services until the site for the dwelling space has been developed.

¨         The dwelling space so provided shall not be transferable but allowed to be mortgageable for raising housing loan, or in need to sell- but only to the Government or the Collective as the case may be.

¨         The dwelling space may be provided in-situ as far as possible, provided in cases on public interest they shall be resettled elsewhere.

¨         Constitution of a Grievance Redressal Committee for the purposes of resolving disputes in relation to matters about identification of slum dwellers.

¨         State Government shall prescribe and notify participative and transparent procedures for identification and periodic survey of slum dwellers for purpose of granting legal entitlement to slum dwellers.

¨         Establishment of City / Urban Area Slum Redevelopment Committee for implementing the provisions of the Act namely- to survey and make a list of slum dwellers, make an inventory of existing position regarding slum areas, formulate schemes for slum redevelopment/up-gradation/resettlement and for rental housing (including dormitories and night shelters) for the urban poor and slum-dwellers in-eligible etc.

¨         Establishment of a State Slum Redevelopment Authority (to be headed by the Chief Minister) to continuously monitor implementation of the Act and to recommend corrective measures wherever necessary.

¨         Emphasis on Community Participation by providing for establishment of Slum Development Committee for each slum area comprising of members for plan preparation, implementation, monitoring & evaluation, and post project maintenance.

¨         Power to acquire land for redevelopment/up-gradation and for resettlement under the Land Acquisition Act, 1894 as amended from time to time.

¨         Responsibility of the Government to prevent encroachment or of construction of illegal structures towards which necessary amendment to the Municipal and other Acts need to be undertaken.

¨         Civil courts not to have jurisdiction on matters for which the City/Urban Area Slum Redevelopment Committee, State Slum Redevelopment Committee, Grievance Redressal Committee, or the Tribunal is empowered.

¨         Power of the State Government to make rules on matters specified in the Act.