(l) No landlord either himself or acting through any person or any person purporting to act on his behalf, shall discontinue or withhold the amenities enjoyed by the tenant in respect of the premises let out to him. The landlord may, however, discontinue or withhold any amenity with the permission of 22[the Rent Authority and the Rent Authority] shall grant such permission if it is satisfied that the tenant has not paid the charges in respect of the amenity, which he was liable to pay.
(2) On the petition of the landlord for permission to discontinue or withhold the amenities or on the petition of the tenant for restoration of the amenities, the 23[Rent Authority] shall issue notices to the other party and after hearing the parties ;it shall pass such orders as it may deem fit.
(3) During the pendency of the inquiry under this section, the 24[Rent Authority] may pass such interim orders as it may deem fit.
(4) The 25[Rent Authority] shall conduct the proceedings under this section in a summary manner and dispose of any application made under this section by the landlord or tenant within sixty days from the date of presentation of petition.
(22 Substituted By Section 8 (i) of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 for " the Rent Tribunal and the Rent Tribunal"
23 Substituted By Section 8 (ii) and section 8(iii) of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 for " Rent Tribunal"
24 Ibid
25 Ibid)
(l) In the absence of any written agreement, essential repairs in a year involving expenditure upto 5% of the annual rent shall be carried out by the tenant at his own cost and essential repairs involving expenditure in excessof 5% of the annual rent shall be carried out by the landlord on receiving notice from the tenant :
Provided that where the landlord neglects to undertake essential repairs within a period of fifteen days from the date of receipt of notice, the tenant shall be at liberty to move the 26[Rent Authority] for permission to undertake tlte repairs, alongwith estimate of such repairs, and where permission is granted by the 27[Rent Authority], it shall also pass orders with regard to the recovery of such cost from the landlord by setting off the amount against the rent payable by the tenant.
(2) The provisions of sub-siactions (2), (3) and (4) of section 23 shall apply mutatis mutandis to the proceeding before 28[Rent Authority] under this section.
(26 Substituted By section 9 of THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017 for " Rent Tribunal" 27 Ibid 28 Ibid)
All the proceedings under Sec. 23 or 24 pending before the Rent Tribunal on the date of commencement of the Rajasthan Rent Control (Amendment) Act, 2017 (Act No. 33 of 2017) shall be continued and the Rent Tribunal may pass appropriate orders thereon as if Sec. 23 or 24 was not amended by the said Act
(29. Inserted By THE RAJASTHAN RENT CONTROL (AMENDMENT)ACT, 2017(Act 33 Of 2017) dated 27.09.2017)