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Section 16: Basis for determination ofamount

The Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979State Act of Himachal Pradesh · Act 19 of 1979

(1) The amount payable in respect of any land, acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 13.

(2) The net average monthly income referred to in sub-section (1) shall be calculated in the manner and in accordance with the principles set out in the Schedule appended to this Act.

(3) The competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of subsection (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate it, before a date specified in thenotice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land.

(4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the State Government within thirty days from the date specified in the notice referred to in that sub-section.

(5) On appeal the State Government shall, after hearing the appellant, determine the net average monthly income and its determination shall be final and shall not be questioned in any court oflaw.

(6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate amount shall be paid in, respect of such building:

Provided that where the owner of the land and the owner of the building on such land are different, the competent authority shall apportion the amount between the owner of the land and the owner of the building in the same proportion as the market price of the land bears to the market price of the building on the date of acquisition:

Provided further that the amount in respect of the building shall not in any case exceed fifty per cent of the total amount which has been determined in accordance with the provisions of this section.

Where this provision sits

ActThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Section16
Marginal noteBasis for determination ofamount
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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