Section 3 in Arunachal Pradesh Property Rights to Slum Dwellers Act, 2012
3. Property Rights in the form of dwelling space.
(1)Notwithstanding anything contained in any law for the time being in force, every tribal landless person living in a slum area in any city or urban area, from the last 10 year shall be entitled to a dwelling space at an affordable cost.Explanation. - For the purpose of this sub-section the dwelling house shall be of a minimum 25 sq m carpet area, or where land is being allotted, the allotment shall be of a minimum area so as to allow a construction of a dwelling house of minimum 25 sq m carpet area.(2)Every Tribal slum dweller eligible as per sub-section (I) shall be given a legal document of entitlement.Explanation. - For the purpose of this sub-section the legal title to the dwelling space 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.(3)Until the site for the dwelling space has been identified or developed as the case may be, every Tribal eligible slum dweller shall be issued a 'document of intent to allot' and shall not irrespective of his land tenure status be evicted from that slum area,(4)Every person living in a slum area who is in-eligible under sub-section (I) shall be provided with an all weather built space to live in, with provision of all basic civic services and other infrastructure facilities, which may be on rental basis at the same site as the eligible slum dwellers or elsewhere, so that no slum family is left living in a slum like condition and the whole slum can be redeveloped as per the pro visions of this Act.(5)The Dwelling space so provide under sub-section (I) shall not be transferable by sublease, sale, gift, mortgage or any other manner whatsoever expect by inheritance, without the permission of the State Government for a period of 7 years from the date of allotment of the said dwelling space.Provided that the dwelling space so allotted shall be mortgageable for the purpose to raising finance in the form of a housing loan from any accredited financial institution for repayment of the cost of construction of the dwelling house.(6)If the Slum dwellers to whom the dwelling space has been provided, transfers such dwelling space in contravention of the provisions of sub-section (5) above, the following consequences shall ensure,& namely :-(a)The allotment shall stand automatically cancelled on the date of such transfer;(b)Such transfer shall be null and void;(c)No ownership or occupation rights shall accrue to the transferee of such dwelling space;(d)The Authorized Officer on the directions of the City/Urban Areas Slum Redevelopment Committee shall dispossess the person who is in actual possession of such dwelling space if or when such transfer comes to its notice.(7)Notwithstanding anything contained in the Registration Act, 1908, no officer empowered to register documents thereunder shall admit for registration any document which purports to contravene the provisions of sub-section (5).
