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Section 44: Repeal and savings

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

(1) The Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956) as amended from time to time, as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the Punjab Slum Areas (Improvement and Clearance) Act, 1961 (24 of 1961), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) are hereby repealed.

(2) Notwithstanding such repeal, anything done, or any action taken, rules, regulations, bye-laws and orders made, notification and notices issued, and suits instituted under any Act repealed under sub-section (1) shall, so faras may be, be deemed to have been respectively done, made, issued, and instituted under the corresponding provisions of this Act.

SCHEDULE (Seesection 16) PRINCIPLES FOR DETERMINATION OF THE NET AVERAGE MONTHLY INCOME l. The competent authority shall first determine the gross rent actually derived by the owner of the land acquired including any building on such land during the period of five consecutive years referred to in sub-section (1) of section 16.

2. For such determination the competent authority may hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing t}'e rental value of such land.

3. The net average monthly income referred to in sub-section (1) of section 16 shall be sixty per cent of the average monthly gross rent which shall be one-sixth of the gross rent during the five consecutive years as determined by the competent authority under paragraph l.

4. Forty percentum of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income but shall be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the municipal or other local authority for collection charges, income-tax or bad debts, as well as for works of repair and maintenance of the buildings, if any, on the land.

5. Where the land or any portion thereof has been un-occupied or the owner has not been in receipt of any rent for the occupation of the land during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been leased out for rent during the said period, and for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account.

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Where this provision sits

ActThe Himachal Pradesh Slum Areas (Improvement and Clearance) Act, 1979
Section44
Marginal noteRepeal and savings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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