(1) No landlord, either himself or through any person purporting to act on his behalf, shall, without any prior permission of the Controller, cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let out to him.
(2) If the landlord contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such contravention within six months.
(3) (a) If the Controller is satisfied that the essential supply 'or service was cut off or withheld by the landlord or his agent, the Controller may pass an order directing the landlord to restore such supply or service immediately pending the inquiry referred to in sub-section (4).
(b) Notwithstanding anything contained in clause (a), the Controller may pass an interim order without giving any notice to the landlord.
(4) If the Controller, on inquiry, finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without prior permission of the Controller, he shall pass an order directing the landlord to restore such supply or service.
Penalty for cutting off or withholding of essential supply or service.
343 The West Bengal Premises Tenancy Act, 1997.
[West Ben. Act Penalty for charging rent in excess of fair rent.
(Chapter VIII.—Penalties.—Sections 28-31.)
(5) The Controller may direct that compensation, not exceeding five thousand rupees, be paid—
(a) to the landlord by the tenant, if the application was made frivolously or vexatiously, or
(b) to the tenant by the landlord, if the landlord or his agent had cut off or withheld such supply or service without prior permission of the Controller.
Explanation I.— "Essential supply or service" shall include supply of water, electricity, light in passage, staircase, and conservancy and sanitary service.
Explanation II.— For the purposes of this section, "withholding of 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.