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Section 35

The West Bengal Premises Tenancy Act, 1997State Act of West Bengal · Act 37 of 1997

(1) If the landlord neglects or fails to make tenantable repair of the premises or to make measures for duemaintenance of essential supply or service comprised in the tenancy, the Controller shall, on application made to him by the tenant in possession of the premises, cause a notice to Penalty for refusal by landlord to grant receipt for rent paid.

Penalty for untrue statement in the application of tenant for deposit of rent.

Penalty for refusal to accept rent without reasonable cause.

Making of repair and taking of measures for maintenance of essential service.

345 The West Bengal Premises Tenancy Act, 1997.

[West Ben. Act (Chapter IX.—Essential repairs.—Section 36.)

Taking of measures by tenant in case of emergency.

be served in the prescribed manner on the landlord requiring him to make such repair or take such measures for due maintenance therein of the essential supply or service.

(2) If after the service of notice under sub-section (1), the landlord fails to show proper cause or neglects to make such repair or to take, within reasonable time, such measures, as the case may be, the tenant may submit to the Controller an estimate of the cost of such repair or measures with application for permission to make such repair or take such measures himself, and thereupon the Controller may, after giving the landlord an opportunity of being heard and after considering such estimate and making such inquiries as may be considered necessary, by order in writing, permit the tenant to make such repair or take such measures at such cost as may be specified in the order.

Explanation.—"Essential supply or service" shall have the same meaning as in Explanation I to sub-section (5) of section 27.

Where this provision sits

ActThe West Bengal Premises Tenancy Act, 1997
Section35
JurisdictionState of West Bengal
StatusIn force as published by the source

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