Bare ActsThe west bengal premises tenancy act, 1956

Section 34

Amendment status not verified — confirm the current text below against the official source.

(I) The Conlrollcr shall, on applicalion madc lo him in [his behalf by any tenant in posscssion of any prcrniscs, causc a nolice ro be servcd in thc prcscribcd manncr on rhc landlord thereof requiring hini to makc such rcpairs in h e pre~njses or to take such measures for h c duc maintenance Ihercin of any essenual supply or service, such as mcasurcs for the mainlenance for ihe supply of waler, gas or eleciricily, the maintenance of conservancy or sanitary scrvice or the maintenance of any lift, a [he landlord may be bound to make or lake, as the case may be, under [he condilions of the tenancy or when [he condilions of the renancy do not include any provisions for repairs as the Controller may consider esscntial. (2) IF after the service of such notice the landlord fails to show proper cause or ncglccls to mnkc such repairs or ro lakc within rcasonablc ~imc such mcasurcs, as [he case may be, ihc tenant may submil lo [he Conlroller an estimate of ihe cost of such repairs or measures, and may apply to him for permission 10 make such repairs or to take such measures himself and, thereupon, the Controller may, afier giving [he landlord an opportunity of being heard and afier considering such estirnale of [he cost and making such inquiries as he may consider necessary, by an order in writing, pcrmit !hc rcnant ro makc such repairs or 10 lake such measures at such cost as may be spccificd in rhc ordcr and it shall ~herealrer be Iawrul lor the tcnant to makc such rcpairs or LO rakc such measures himself and lo deduci the cost rhcreof which shaIl in no case exceed the amount so specified, from thc rent or olhenvise recover il from the landlord: Provided thal the amounl so deducted or recoverable in any year shall not exceed one-half of the rent payable by the tenant for he year: Providcd further that iF any rcpajrs or measures no1 covered by the said amount arc necessary in the opinion of rhe Conlroller, and the tenant agrees to bear thc cxccss cost himself, the Controller may permit the lenant 10 makc such rcpairs or lake such measures. (3) Norwithstanding anything contained in any law for h e time being in force and in [he abscncc of any agreement lo the contlary, it shall bc rhc dulv or cverv landlord tn keep anv nremises let out for , rcsjdential purposes wind and water tight. If thc landlord fails to do so, the provisions OF subsection (I) and sub-scclion (2) sllall apply. In such a case. liowevcr. h e Iandlord shall be entirIcd to apply ro the Conlroller to rcvise thc rcnl payablc for the premises and to fix the fair rcnr after taking into consideration the c o s ~ ol such repairs. Rcni so fixcd sliall be dccmed to bc fair rent for purposes of his Acl. (4) Where under the condi~ions of thc icnancy. the tcnant is bound to make any rcpairs, but fails to do so, ~ h c Con~rollcr shall, on application made to him in rhis behal I by lhc landlord of 111e premiscs, cause a nolice to be servcd in the prescrilxd manncron rhe lenant requiring him lo make such rcpirs within thc dme specified in the noticc. If, afkr the service OF the notice, thc Icnant fails lo show propcr causc or ncglects to make sucli repairs within the time specified in the notice or allowcd by the Conlrollcr, ~ h c landlord will be entitlcd, no~withsranding anything contained in this Acl or in any conlraci, to suc the tenant for recovery of possession of rhe premiscs and such cot;[ of such rcpairs as may bc asscssed by thc Court.

Section 34 – The west bengal premises tenancy act, 1956 | DailyLaw.ai