Section 34 in The West Bengal Premises Tenancy Act, 1956.
34. Making of repairs and taking of measures for the maintenance of essential services.
(1)The Controller shall, on application made to him in this behalf by any tenant in possession of any premises, cause a notice to be served in the prescribed manner on the landlord thereof requiring him to make such repairs in the premises or to take such measures for the due maintenance therein of any essential supply or service, such as measures for the maintenance for the supply of water, gas or electricity, the maintenance of conservancy or sanitary service or the maintenance of any lift, as the landlord may be bound to make or take, as the case may be, under the conditions of the tenancy or when the conditions of the tenancy do not include any provisions for repairs as the Controller may consider essential.(2)If after the service of such notice the landlord fails to show proper cause or neglects to make such repairs or to lake 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 the 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 at such cost 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-half of the rent payable by the tenant for the year :Provided further that if any repairs or measures not covered by the said amount are necessary in the opinion of the Controller, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs or take such measures.(3)Notwithstanding anything contained in any law for the time being in force and in the absence of any agreement to the contrary, it shall be the duty of every landlord to keep any premises let out for residential purposes wind and water tight. If the landlord fails to do so, the provisions of sub-section (1) and sub-section (2) shall apply. In such a case, however, the landlord shall be entitled to apply to the Controller to revise the rent payable for the premises and to fix the fair rent after taking into consideration the cost of such repairs. Rent so fixed shall be deemed to be fair rent for purposes of this Act.(4)Where under the conditions of the tenancy, the tenant is bound to make any repairs, but fails to do so, the Controller shall, on application made to him in this behalf by the landlord of the premises, cause a notice to be served in the prescribed manner on the tenant requiring him to make such repairs within the time specified in the notice. If, after the service of the notice, the tenant fails to show proper cause or neglects to make such repairs within the time specified in the notice or allowed by the Controller, the landlord will be entitled, notwithstanding anything contained in this Act or in any contract, to sue the tenant for recovery of possession of the premises and such cost of such repairs as may be assessed by the Court.
