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Report No. 138

Legislative Protection for Slum and Pavement Dwellers

Chapter I Introductory
1.1 Harnessing the law for the poor-a suo motu exercise
2. Scope and target
3. Action by the local authorities
Chapter II Profile of Slums and Slum Dwellers in India
2.1. Growth of slums in India
2. Position as per 1981 study
3. Slums
4. Position in Bombay
5. Amenities provided in Bombay
6. The Madras example
7. Figures regarding slums in India
8. At this stage we would like to quote from N.C.U. Report.1A
9. Latest profile of slum population
10,11. Slums in Kanpur
Chapter III Profile of Pavement Dwellers
3.1. Profile of Pavement Dwellers
2. Pavement dwellers in Bombay
Chapter IV Present Position
4.1. Scope of the Chapter
2. The Supreme Court case from Bombay (1986)
3. Petitioners' contentions
4. Contention of the parties
5. Judgment of the Supreme Court
6. Article 19(1)(e)
7. Article 21 of the Constitution and the power of
8. Removal of obstructions and natural justice
9. Kamaraja Basti Pavement dwellers
10. Slum dwellers
11. Final order in the Bombay case
12. The question of alternative accommodation
13. Tamil Nadu Slum Act
14. Right to shelter
15. Other judgments
16. Gujarat case: Interim Order
17. A recent Gujarat case of 1989
18. Earlier Gujarat case laying down certain propositions
19. Reasoning in 1989 case
20. Conclusion
Chapter V Provisions in Municipal Acts
5.1. Provisions in Municipal Acts
2. Provision in the Bombay Municipal Act
3. The following' extracts1 are from the Delhi Municipal Corporation Act, 1957
4. Provision in the U.P. Municipalities Act
5. Conclusion
Chapter VI Case for Extending Legislative Protection
6.1. Need for appropriate legislation
2. Difficulties
3. Paramount need for enacting statutory provisions
4. Withholding or denying civic amenities and essential facilities, supplies and services
5. Is such refusal or denial justified
6. Need for statutory protection against withholding of essential services and facilities
7. Bodies other than local authorities
8,9. Statutory protection to the pavement dwellers
Chapter VII The Constitutional Position
7.1. Whether Central Legislation is competent
2. Relevant legislative entries in the Union List
3. Relevant legislative entries in the Concurrent List
4. Supreme Court case on land
5. Public premises Act
6. Social security and rehabilitation
7. History of social security
8. Beveridge Report
9. Social security benefits
10. Coverages wide enough to embrace benefits in kind
11. I.L.O. Report
12. Provision against want-the main objective
13. Residuary power
Chapter VIII Legislation Pertaining to Slums-as it is-And as it Ought to be
8.1. Legislation Pertaining to Slums-as it is-And as it Ought to be
2,3. Slum clearance and slum improvement-The trends
4 to 9. Some of the factors which operate on their minds can be visualised
Chapter IX Conclusions and Recommendations Conclusions
9.1 to 4. Conclusions and Recommendations Conclusions
5 to 9. Recommendations
10. Need for provision regarding rehabilitation
11,12. For pavement dwellers
Appendix Synopsis of Legislation Relating to Slums
1,2. The Central Act of 1956
3. Objectives of the Central Act of 1956: aspect of alternative accommodation
4. Restoration of possession under Central Act
5. Andhra Pradesh Act
6. Assam Act
7. The Gujarat Act
8. Previous occupants under the Gujarat Act
9. Alternative accommodation under the Gujarat Act
10. Restoration under the Gujarat Act
11. Madhya Pradesh Act
12. Maharashtra Act, 1971
13. The Punjab Act
14. The U.P. Act
15. Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971
16. Rehabilitation under Tamil Nadu Act
17. Restoration under Tamil Nadu Act
18. West Bengal Act
19. Illegal occupation
20. Need for local authorities to carry out their obligation

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