Section 19 in The Gujarat Slum Areas (Improvement, Clearance and Redevelopment) Act, 1973
19. Rent of building in slum area.
(1)Where any building in a slum area is let to a tenant after the execution of any work of improvement or 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 a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 18, the tenant shall be liable to pay to the owner,-(a)if the Rent Act in force in the area in which the building is situated and is applicable to that building, the rent determined in accordance with the provisions of that Act or the agreed rent whichever is less;(b)if the said Act is not in force in such area, such rent as may be agreed to between the owner and the tenant.(3)Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 18, the tenant shall be liable to pay to the owner-(a)if the work of improvement has been executed in relation to be building, annual rent of a sum equivalent to the aggregate of the following amounts namely:-(i)the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement;(ii)six per cent, of the cost 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 of the following amounts namely:-Explanation: - For the purpose of this clause the cost of the land shall be deemed to be a sum equivalent to the market value of the land on the date of commencement of the re-erection of the building.(4)The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant 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 tenant 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 the Rent Act is in force in the area in which the building is situated, 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 this section that authority may exercise all or any of he powers it has under the said Act and the provisions of the said Act including provisions relating to appeals shall apply accordingly:-(b)if the said Act is not in force in that area, such authority as may be specified by rules made in this behalf by the State Government and such rules may provide for the procedure to be followed by that authority in determining the rent and also for appeals against the decision of such authority.(6)Where the rent if finally determined under this section, then the amount of rent already paid by the tenant under section 18 shall be adjusted against the rent to 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 entitle to a refund, as the case may be.
