The Slum Areas (Improvement and Clearance) Act, 1956 · VII — MISCELLANEOUS

Section 4. Forty per cent. of the gross monthly rental referred to above shall not be taken into consideration

In force · As amended up to 2026-08

4. Forty per cent. of the gross monthly rental referred to above shall not be taken into consideration in determining the net average monthly income 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 municipal or other local authority, for collection charges, income-tax or bad debts as well as for works of repair and maintenance of the buildings, if any, on the land. 5.Where the land or any portion thereof 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 said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land had been 1. Subs. by Act 43 of 1964, s. 20, for "section 20" (w.e.f. 27-2-1965). 2. Ins. by s. 20, ibid . (w.e.f. 27-2-1965). 3. Subs. by s. 20, ibid ., for sub-section (3) (w.e.f. 27-2-1965). 4. Subs. by Act 4 of 1986, s. 52, for "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 15-2-1986). leased out for rent during the said period, and for this purpose the rent actually derived from the land during a period prior or subsequent to the period during which it remained vacant or from similar land in the vicinity shall be taken into account. CHAPTER III SLUM IMPROVEMENT 4. Power of competent authority to require improvement of buildings unfit for human habitation .―(1) Where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it 1. Ins. by Act 43 of 1964, s. 2 (w.e.f. 27-2-1965). may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in the opinion of the authority those works will render the building fit for human habitation: 1[Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water taps, bathing places construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land.] (2) In addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building[1] [or the land on which the building stands] whether as lessee, mortgagee or otherwise. (3) In determining, for the purposes of this Act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.

Source: India Code