(1) If the landlord neglects to make such repairs or to maintain such existing essential supplies and services as he is bound to do under the provisions of Section 6, the Court may, on the application of the tenant, direct the landlord by notice to appear before it and to show cause against the application of the tenant.
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(2) If the landlord fails to show sufficient cause, the Court may direct him to make such repairs or as the case may be, to take such mea sures for the restoration of the essential supplies and services as contemplated in Section 6 within a period fixed by the Court.
(3) If the landlord fails or neglects to make such repairs or take such measures within the period fixed by the Court, the Court may on application of the tenant permit him to make such repairs or take such measures, as the case may be, at a cost not exceeding the amount determined by the Court after taking such evidence as it may consider ne cessary ; and it shall thereafter he lawful for the tenant to make such repairs or take such measures and to deduct the cost thereof from the rent or to recover the amount from the landlord through the Court by execution, and for the purpose of this sub-section the order of the Court shall be deemed to be a decree under the Code of Civil Procedure, Act V of 1908 and to be capable of execution as such under 1908, the provisions of that Code.
Appeals. 8, A landlord or a tenant aggrieved by any decision or order of the Court under the provisions of Sections 4, 5, and 7(2) of this Act shall have a right of appeal against the same as if such decision or order were a decree in a suit for ejectment of the tenant from the house and such appellate Court’s decision shall be final.
Rules. 9. (1) The State Government may, by notification in the official Gazette, make rules prescribing the Court fees to be paid on applications made to the Court under the provisions of this Act and also for the purpose of the carrying out of the provisions thereof.
(2) Every rule made under this Section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Assam Legisla tive Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modi fication or annulment shall be without prejudice to the validity of anything previously done under that rule.
8 Repeal and Savings.