Chapter VI PROTECTION OF TENANTS IN SLUM AREAS FROM EVICTION

17.

1. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the prescribed authority,
   • (a) institute, after the commencement of this Act any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or
   • (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order.
2. (2) Every person desiring to obtain the permission referred to in sub-section
3. (1) shall make an application in writing to the prescribed authority in such form and containing such particulars as may be prescribed.
4. (3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission.
5. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely :,
   • (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted;
   • (b) whether the eviction is in the interest of improvement and clearance of the slum area;
   • (c) such other factors, if any, as may be prescribed.
6. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.
7. (6) Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section
8. (3) may, within such time as may be prescribed, prefer an appeal to the State Government and the State Government may, after hearing the appellant, decide such appeal and its decision shall be final.

18.

1. (1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it is required for the purpose of executing any work of improvement or for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the prescribed authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be.
2. (2) On receipt of such declaration, the prescribed authority shall, by order, require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or re-erection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars furnished, if any, and having regard to the provisions of sub-section
3. (3) of section 19 and after holding such enquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1).
4. (3) The rent provisionally determined under sub-section
5. (2) shall be communicated in the prescribed manner to the tenant and the owner.
6. (4) If the tenant, after the receipt of such communication, intim

19.

1. (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. (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
3. (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.
4. (3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section
5. (4) of section 18, the tenant shall 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 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 cost of re-erection of the building and the 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 market value of the land on the date of commencement of the re-erection of the building.
6. (4) The rent payable by a tenant in respect of any building under sub-section
7. (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section
8. (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.
9. (5) The authority to which the application referred to in sub-section
10. (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 the 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.
11. (6) Where the rent is finally determined under this section, then the amount of rent already paid by the tenant under section 18 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 tenant shall pay the deficiency or be entitled to a refund, as the case may be.

20. Nothing in this Chapter shall apply to, or in relation to a tenant of, any building situated in a slum area and belonging to the State Goverment or Board or any local authority.