Rent of buildings in slum areas.

§25

Summary

(1) Where any building in a slum area is let to a tenant after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section. (2) Where any such building is let to a tenant (other than a tenant who is placed in possession of the building in pursuance of a direction made under sub-section (4) of section 24), the tenant shall be liable to pay to the owner,- (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction made under sub-section (4) of section 24, the tenant shall be liable to pay to the owner an annual rent of a sum equivalent to four per cent. of the aggregate cost of re-erection of the building and the cost of the land on which the building is re-erected, unless the landlord has the standard rent fixed under any law relating to the control of rents, at a higher rate. Where the standard rent per annum is fixed at more than the annual rent aforesaid, the State Government shall pay to the owner such amount of the difference by way of subsidised rent as may be prescribed by rules made in this behalf. Explanation.- For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 14, on the date of commencement of the re-erection of the building. (4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section (5) : Provided that, an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the re-erection of the building. (5) The authority to which the application referred to in sub-section (4) shall be made, shall be,- (a) where there is a general law relating to the control of rents in force in the area in which the building is situated the authority to which applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under such general law; and the provisions of such law including provision relating to appeals shall apply accordingly; (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the State Government, and such rules may provide the procedure that will be followed by that authority in determining the rent 1[or appeals against the decision of such authority, and also for the levy of Court-fees in such applications and appeals]. (6) Where the rent is finally determined under this section, then the amount of rent provisionally determined as aforesaid and paid by the tenant shall be adjusted against the rent so finally determined; and if the amount so paid falls short of or is in excess of, the rent finally determined; the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

(1) Where any building in a slum area is let to a tenant after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section. (2) Where any such building is let to a tenant (other than a tenant who is placed in possession of the building in pursuance of a direction made under sub-section (4) of section 24), the tenant shall be liable to pay to the owner,- (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction made under sub-section (4) of section 24, the tenant shall be liable to pay to the owner an annual rent of a sum equivalent to four per cent. of the aggregate cost of re-erection of the building and the cost of the land on which the building is re-erected, unless the landlord has the standard rent fixed under any law relating to the control of rents, at a higher rate. Where the standard rent per annum is fixed at more than the annual rent aforesaid, the State Government shall pay to the owner such amount of the difference by way of subsidised rent as may be prescribed by rules made in this behalf. Explanation.- For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 14, on the date of commencement of the re-erection of the building. (4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section (5) : Provided that, an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the re-erection of the building. (5) The authority to which the application referred to in sub-section (4) shall be made, shall be,- (a) where there is a general law relating to the control of rents in force in the area in which the building is situated the authority to which applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under such general law; and the provisions of such law including provision relating to appeals shall apply accordingly; (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the State Government, and such rules may provide the procedure that will be followed by that authority in determining the rent 1[or appeals against the decision of such authority, and also for the levy of Court-fees in such applications and appeals]. (6) Where the rent is finally determined under this section, then the amount of rent provisionally determined as aforesaid and paid by the tenant shall be adjusted against the rent so finally determined; and if the amount so paid falls short of or is in excess of, the rent finally determined; the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

← Previous Section Next Section →

Explore this Chapter