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Bombay Presidency - Section

Section 24 in The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

24. Landlord not to cut-off or withheld essential supply or service.

(1)No landlord either himself or through any person acting or purporting to act on his behalf shall without just or sufficient cause cut-off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2)A tenant in occupation of the premises may, if the landlord has contravened the provisions of sub-section (1), make an application to the Court for a direction to restore such supply or service.
(2A)Having regard to the circumstances of a particular case the court, may, if it is satisfied that it is necessary to make an interim order, make such order directing the landlord to restore the essential supply or service before the date specified in such order, before giving notice to the landlord of the enquiry to be made in the application under sub-section (3) or during the pendency of such enquiry. On the failure of the landlord to comply with such interim order of the Court, the landlord shall be liable to the same penalty as is provided for in sub- section (3)1.
(3)If the Court on enquiry finds that the tenant has been in enjoyment of the essential supply of service and that it was cut-off or withheld by the landlord, without just or sufficient cause, the Court shall make an order directing the landlord to restore such supply or service before a date to be specified in the order. Any landlord who fails to restore the supply or service before the date so specified shall for each day during which the default continues thereafter be liable upon a further direction by the Court to that effect to fine which may extend to one hundred rupees.
(4)Any landlord, who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both.Explanation I.- In this section essential supply or service includes supply of water, electricity, lights in passages and on staircases, lifts and conservancy or sanitary service.Explanation II.- For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut-off by the local authority or any other competent authority.