Uttarakhand Reforms, Regularisation, Rehabilitation, Resettlement and Prevention of Encroachment of the Slums located in Urban Local Bodies of the State Act, 2016
(Uttarakhand Act No. 18 of 2016)
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An Act it is hereby enacted by the Uttarakhand Legislative Assembly in the Sixty-seventh year of the Republic of India as follows -
1. Short title and commencement. - (1) This Act may be called the Uttarakhand Reforms, Regularisation, Rehabilitation, Resettlement and Prevention of Encroachment of the Slums located in Urban Local Bodies of the State Act, 2016.
(2) It shall come into force from the date of publication in official Gazette and shall be applicable in all the urban local bodies.
2. Definition. - 'Slum' shall mean those areas located within the local body which due to overcrowding, unplanned construction, lack of basic infrastructure and lack of tenurial rights are unfit for human habitation for reasons of health and security and for the above any one or a combination of factors have been notified by the State Government.
3. Act to have an overriding effect. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
4. Power of make rules. - The State Government have such powers to make rules under his jurisdiction in relevant subject for reform, Regularisation, Rehabilitation and Resettlement of the Slums as may be prescribed.
5. Prohibition and Punishment. - Except for the slums notified by the State Government under this Act, any settlement after 11 March, 2016 shall be completely prohibited. Any person directly or indirectly associated with settling or assisting in settling in such slums shall be punished with six months of imprisonment and an amount of Rs. 500 Per day shall be recovered from the illegal occupier.
If any Person/family settles or assists in settling any other person/family in the slums notified by the State Government after 11 March, 2016 or if any person/family settles illegally or assists in settling any other person/family in the slums which have been settled by bandobast/relocated or resettled by the State Government shall be punishable with the above sentence.
6. Protection of action taken under this Act. - No officer or servant of the Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this act or under any rules made thereunder, if he act was done in good faith and in the course of execution of the duties or the discharge of functions, imposed by or under this Act.
No suit or other legal proceeding shall lie against the State Government for nay damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
