(1) Where any uuilt\ing inn slum aa·ea is let to a tenant after the execution of any wm k of imprnvemcnt or after it has been rc-crected, tJ,c rent of the building shall be determined in accordat\ce with the p1ovision3 of this section.
(2) Where any such bualding is ·let to a tenant, othet than a tcmant who is placed in posses!iion of the building in pw·suance ofn direction issued under sub section (1) of section 25, the tenant shall be liable to pay to the owner,-
(a) 1f there is a general law rel ttting to the control of n:nts in force in the area in which the buildang is situate and applicable to that building, the rent determined in accorcLmcc with the provtsions of that l.tw, {u) if there is no such lciw in force in such area, such rent as may be agreed upon between the owner and the ilenant.
(3} Whe1e any such buildiug ts let to a tenant 111 put mancc of a direction issued undt·t subsection (4) of secrion 25, the tenant shall, not witnstandi.ng any law relat1n~ to the control of rents in fo1 ct~ in the are.\ , be liable to pay to the owner,-
(a) if any wo1 k of improvement has been executed in 'dation to the building, an annual 1 en t of a sum equivalent to the aggreg.tte of the follow ing amounts, namcly;- {i) the annuul 1 cnt the tenant was P·')'ing immediately before he vacated the building foJ the purpose of execution of the woJ k of irn provemen t;
(ii) four per cent of the co'5t of the work of improvement; and
(iii) six pet cent of a 11um equivalent to the amouut payable iu respect of any iand which may h..1ve bcel\ c1Cquircd for the purpcsc of t'ffccting Juch improvement as if such land were acquired under sectton 14 on the date or the co:nmencement of the work of impt ovemcnt;
(b) if the buildin~ h.\1 been rc::-crectedJ an annual rent ol a mm equivalent to three per cent of the n~greg.tte coc:;t or reconslructiou or th~ Lh.ulding and the cost of tile l.md on which the building is re-crccted.
34Jl150JB.
164 ExplantJfion.-For the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the amount payable in respect of th.e land if it were acquired ur.der section 14 on the date of commencement of the reconstruction of the building.
(4) The rent payable by a tenant in re~pect of any building under sub- • section (3) shall , on an application made by tht> tenant or the owner, be 1.
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 suffici~nt cause, be enterlained by auch authority after the expiry of ninety days from the complet.ion of the work of improvement or re·erection of the building, as the case· may be.
(5) The authority to which the application referred to in sub section
(4) shall be made shall be,-
(a) where there 1s a general law relating to the control of rents in force in the area in which the building is situate, the authority to whom applications may be made for fixing of rents of buildings situate in that ·area; and for the purpose of determining the rent under chis section that authority may exercise all or any of the powers it has under ~the said general law; and the provisions of such law mcluding prov1sions relating to appeals shall apply accordingly; - ·
(b) if there is no such law in force in that area, such authonty as • may be specihed by rules made in this behalf by the Government, and such rutes may provide for the prOC'!dure that wilJ be followed by that authority in determining tlle rent and also for appeals against the decision of such a authority. •
(6) Where the rent is finally determjned under ~this sectjon, then the amount of rene paid by the tenant shall be adjusted against the unt 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.