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40. Power to make rules.-

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) the manner, of authentication of notices, orders and other instruments of the competent authority;

(b) the preparation of plans for the re-development of any slum area, and matters to be included in such plans;

5[(bb) the form in which an application under sub-section (3) of section 6A shall be made and the information to be furnished and the fees to be levied in respect of such application;

(bbb) the manner in which inquiries may be held under sections 15 and 19;]

(c) the form and manner in which applications for permission under sub-section (2) of section 19 shall be made and the fees to be levied in respect of such applications;

(d) the procedure to be followed 5[and the factors to be taken into consideration] by the competent authority before granting or refusing to grant permission under section 19;

(e) the time within which an appeal may be preferred under 1[sub-section (7) of section 10 or section 20];

2[(ee) the time within which a declaration may be filed under sub-section (1) or an intimation may be sent under sub-section (4) of section 20A and the fees, if any, to be levied in respect of such declaration;

(eee) the time within which plans, estimates and other particulars referred to in sub-section (2) of section 20A may be furnished;

(eeee) the procedure to be followed by the competent authority for fixing the provisional rent under sub-section (2) of section 20A;

(eeeee) the manner in which the rent provisionally determined under section 20A shall be communicated to the tenants and owners;

(eeeeee) the matters in respect of which provision may be made under sub-section (5) of section 20B;]

(f) the officers and local authorities to whom powers may be delegated under section 36; and

(g) any other matter which has to be, or may be, prescribed.

3[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 4[in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1. Section 36 renumbered as sub-section (1) thereof by Act 43 of 1964, s. 18 (w.e.f. 27-2-1965).

2. Ins. by s. 18, ibid. (w.e.f. 27-2-1965).

3. Ins. by s. 19, ibid. (w.e.f. 27-2-1965).

4. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for "him" (w.e.f. 26-12-1960).

5. Ins. by Act 43 of 1964, s. 20 (w.e.f. 27-2-1965).



Slum areas (Improvement and Clearance) Act, 1956 Back




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