Amendment status not verified — confirm the current text below against the official source.
(1) The Controller shall, on application made to him in this behalf by any tenant in possession of any pre- mises, causz, a notice to be served in the prescribed manner on the landlord thereof requiring him to make any repairs which such landlord is bound to make to the premises or to take any measures for the due maintenance of any essen- tial supply or service, such as the maintenance of the supply of water or electricity, the maintenance of conservancy or sanitary service and the maintenance of any lift, which such landlord is bound to maintain in the premises under the conditions of the tenancy or according to local usage. (2) If after the service of such notice the landlord fails to show proper cause or neglects to make such repairs or to take within reasonable time such measures, as the case may be, the tenant may submit to the Controller an estimate of the cost of such repairs or measures, and may apply to him for permission to make such repairs or to take such measures himself and, thereupon, the Controller may, after giving the landlord an opportunity of being heard and after considering such estimate of cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs or to take such measures, as the case may be, at a cost not exceeding such amount as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs or to take such measures himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord : Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year: Provided further, that if the repairs or measures, though necessary in the opinion of the Controller exceed in cost, Limitation for com- plaints. Issue of distress warrants and other processes barred in certain cases. Making of repairs and taking of measures for the mainten- ance of essential services by the tenant on the failure or neglect of the landlord to do so. 22 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act (Chapter VIII.—Penalties and Miscellaneous.— Section 39.) the said amount, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs or to take such measures. (3) The repairs or measures mentioned in sub-section (1) shall not be deemed to include such repairs or measures without which the premises are not habitable or usable except with great inconvenience, like keeping them wind and water tight. The landlord shall be bound to make such repairs or take such measures in any event. On his failure to do so the provisions of sub-sections (1) and (2) shall apply without the limitation as to the amount deductable or recoverable as provided in the said sub-sections. Taking of