(1) Where any building in a slum area is let to 1[an occupant] after the execution of any work of improvement of 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 1[an occupant] other than 1[an occupant] who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 31, the 1[an occupant] 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 of the agreed rent whichever is less;
(b) if there is no such law in force in such area, such rent as may be agreed to between the owner and the 1[an occupant].
(3) Where any such building is let to 1[an occupant] shall, not withstanding any law relating to the control of rents in force in the area, be liable to pay to the owner-
(a) if any work of improvement has been executed in relation to the building, an annual rent of slum equivalent to the aggregate of the following amount, namely:-
(i) the annual rent the 1[an occupant] was paying immediately before he vacated the building for the purpose of execution of the work improvement.
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(ii) six per cent, of the cost of the work of improvement; and
(iii) six percent, of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land were acquired under section 17 on the date of commencement of the work of improvement;
(b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent, of the aggregate cost of re-erection of the building and cost of the land on which the building is re-erected.
Explanation.- for the purpose of this clause, 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 17 on the date of commencement of the re-erection of the building.
(4) The rent payable by 1[an occupant] in respect of any building under sub-section (3) shall, on an application made by the 1[an occupant]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 1[an occupant] shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the date of completion 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 is a general law relating to the control of rents in force in the area in which the building in situate, the authority to whom applications may be made for fixing of rents of buildings situate in that area; and for the purposes of determining the rent under this section that authority may exercise all or any of the powers it has under the said general law;
and the provisions of such law including provisions relating to the 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 Government and such rules may provide the procedure that will be followed by that authority in determining the rent and also for appeals against the decision of such authority.
(6) Where the rent in finally determined under this section, then the amount of rent paid by the 1[an occupant] 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 1[an occupant] shall pay the deficiency or be entitled to a refund, as the case may be.