The competent authority and any perc;on authorised by it under this Act siMJJ be deemed to be public scrvc1nts witbjn the meaning of section 21 of the Indi.m Penal Code (Central Act 45 of 1860).
48 . Act to over-ruk ot!ter /aws.-The provisions of tlLis Act and the rul~s made ther~UJlder shall have effect notwithstanding anything in consistent therewith contained ir: any other law :
Provided that if any slum a1ca is situate in any town or other atea in respect of which any plan or scheme for development or 1111provemcnt has been sanctioned under any other law for the time being in force, then 170 lh~ orders o; the competent authority regarding re-development of tl1c slum area shall, as far as possible, be m conformity with such plan or Iii Cherne.
~9. Power to make rules.-( l ) The Government may, by notification ::1 t!1e Gazette, make rul~ to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide fo1 a ll or any of the followmg matters, namely :-
(a) the manner of authentication of notices, otders and other instruments of the competent authorhy;
(b) the preparation of plans for the re-development of any slum area and mattc.rs to be included in such plans ;
(c) the form in which an apphcatton under subsection (4) of section 8 shall be made and the mformation to be furntshed and the fees to be levied in respect of such apphcacion ;
(d) the · manner in which inquiries may be held under .sections l6 and 2~;
(e) the form and manner in which applications for permission undtr subscct10n (2) of section :l2 ghall be made and the fe~ to be levied in respect of such applications ; •
(f) the procedure to be folJowed by the competent authority before grantmg or refusing to grant permission under section 22;
(g) the time within which an appeal may be preferred under subsection (9) of section I 2 or sect10n ·23;
(h) the time within which a declarat10n may be 1iled under subsection
(1) or an intimation may be sent under subsection ( 4) of section 25 and the _ fees, if any., to be levied in respect of such declaration;
(i) the time within wh1ch plans, estimates a.nd other particulars referred tom ~ ubsection (2) of section 25 may be furnished
(j) the procedure to be followed by the competent authority for fiXlng the prov1sional rent under sub~ection (2) of section 25,
(k) the manner in which the rent provisionally determined under sub section (2) of sect10n 25 shall be communicated to the tenants and owner.:~;
(I) the matters in respect of which provision may be made under stib~ section (5) of section 26;
(m) fc~s to be levied for petitions of appeal under section 37;
(n) the officers and local authoriti~ to whom powers ma.y be delegated under section 44 ;
(o) any other matter which is to be, or may be, prescribed I --- - • • I 171
(3) Every rule made under this Act shall bo )aid, as soon at may be after it is made, before dte Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in ono session or in two successive, sessions and if before the expiry of the session in which it is so laid • or the session immediately following, the Leg.slative Assembly makes any modification in the rule or decides that the rule should not be made, the ,.ule shall thereafter have ·effect only in such modified fonn or be of no effect, a as the case may be; so however that any such modification or annulment • ;:,Jlall be without prejudice to the validity of anything previously done under that rule.
• • • THE SCHEDULE (See section 16) MaJIJler jn which and principles accorcliDg to which aet average monthly income is to be calculated l . The competent authority shall first determine the gro1!t rent actually derived by the owner of the land acquired, including any building on such land, durmg the period ot five consecutive years referred to in subsection ( 1) of section 16 •
2. For such determination the compctrnt authority may hold any local inquiry and obtain, if necessary, certified copies of extract' from the property tax assessment books of the municipal or other local authority concerned showing the rental value of ,such land.
3. The net average monthly income referred to in subsection (I) of section 16 shall be sixty per cent of the average monthly gross rent. The average monthly gross rent shall be one sixtieth of the gross rent during the five consecutive years as determined by the competent authority under paragraph 1.
4. Forty per cent of the gross monthly rent referred to above shall not be taken into consideration in d~termir1ing the net average monthly incom(;
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 1nunicipal or other local authority, for collection charges, income-tax or bad debts as wcH as for works of repair and maintenance of the buildings, if any, on the land.
5. Where the land or any portion tnereof has been unoccupied 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 sa1d period of five years, the gross rent shall be taken to be the income which the owner would have derived if the lands and been leased out for rent during the said period, an<l for this purpose the rent actually derived from the land during a period pdor m· subsequent to the period during which it remained vacant or from siroila1· land in the vicinity shaH ue taken into account.
34Jll50JB.
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