Section 35 in The West Bengal Premises Tenancy Act, 1956.
35. Taking of measures by tenant in case of emergency.
- If the necessity for making any repairs or for taking any measures referred to in section 34, is so urgent that any delay involved in the procedure referred to therein is likely to subject the tenant to personal loss, damage or serious inconvenience, then, notwithstanding such procedure, the tenant may himself cause the notice referred to in section 34 to be served in the prescribed manner on the landlord requiring him to undertake such repairs or to take such measures within seventy-two hours of the service of such notice and shall in every such case submit, at the same time, a copy of such notice to the Controller together with an estimate of the cost of such repairs or measures to enable the Controller to make such enquiries as he may consider necessary about the necessity of such repairs or measures and the correctness of the estimate so submitted. The Controller shall make immediate enquiry and order the tenant to undertake such repairs or take such measures if the landlord fails to undertake such repairs or take such measures within the time mentioned in the notice. After the completion of such repairs or measures the tenant shall submit to the Controller a statement of the costs thereof and thereafter the Controller, after giving the landlord an opportunity of being heard and making such further inquiries as he may consider necessary, may, by an order in writing, determine the amount of the costs which the tenant is entitled to recover from the landlord, and the tenant may thereupon deduct the amount so determined from rent or otherwise recover it from the landlord subject to such limits as are referred to in section 34.
