Explanation:

Section 9 to Haryana Urban (Control of Rent and Eviction) Act, 1973

9. Landlord to provide certain amenities. - (1) If the amenities of electricity, sewerage or tap water supply have been made available in any locality by the State Government or a local authority, the tenant of the building or rented land of such locality shall be entitled to the enjoyment thereof subject to the provisions hereinafter contained.

(2) If the landlord at the written request of the tenant fails to agree in writing to provide all or any of the amenities within a period of thirty days or fails to provide the same within a period of ninety days of such request, the tenant may apply to the Controller for that purpose. The Controller may, on such application by the tenant and after such enquiry as he may deem fit, permit the tenant to have such amenity at the cost of the landlord on such conditions as he may deem proper. The tenant shall be entitled to deduct the expenses incurred by him in providing the amenity from the rent payable to the landlord till the full amount is realised :

Provided that the rate of deduction of such expenses shall not exceed fifty per centum of the amount of rent :

Provided further that the Controller may reject the application if he is satisfied that such an order will cause undue hardship to the landlord, keeping in view his source of income, or would involve expenditure incommensurate with the benefit sought to be achieved.

(3) The Controller may fix the extent and specifications of the amenity as far as possible keeping in view the circumstances of the case and also the estimated cost thereof.

(4) After the amenity has been provided, the tenant shall immediately thereafter send the details of the expenses incurred by him to the landlord.

(5) In case of dispute as regards the quantum of the amount spent for providing the amenity, the same shall be decided by the Controller after enquiry on an application made to him.

(6) The landlord shall be entitled to enhance the rent of the building or the rented land to the extent of eight per centum per annum of the amount spent for providing such amenity from the date the amenity is provided :

Provided that where the tenant has initially incurred the expenses for providing such amenity, the enhancement of rent shall not allowed till the amount spent by the tenant has been realized.