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Report No. 138

16. Rehabilitation under Tamil Nadu Act

(a) Certain other provisions of the Tamil Nadu Act are of interest in connection with rehabilitation. Thus, section 16, which occurs in the chapter on slum clearance and redevelopment, provides as under:-

"16. Rules to provide for transfer to previous occupants.-Subject to the provisions of this Act, the Government may, by rules, provide for or regulate the transfer, to persons who, immediately before the declaration of any slum area to be a slum clearance area, were occupying lands: or buildings in that area of lands or buildings in such slum clearance area after its redevelopment and the conditions of such transfer."

(b) Besides this, it may be worthwhile quoting section 29(4), Tamil Nadu Act. As mentioned above,1 there is a prohibition against the eviction of tenants in slum areas without the previous permission of the prescribed authority. The grant or refusal of such permission is ordered under section 29(3). Section 29(4) provide as under in the Tamil Nadu Act:-

"(4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely-

(a) whether alternative accommodation within the means of the tenant' would be available to him if he were evicted;

(b) whether the eviction is in the interest of improvement and clearance of the slum area;

(c) such other factors, if any, as may be prescribed."

1. Para. 15(i), supra.

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