THE BUILDING CONSTRUCTION ACT, 1952 (EAST BENGAL ACT), PART 2

Penalty12. 23[(1) Whoever commits an offence by-

(a) Contravening the provision of section 3; or

(b) failing to comply with any direction given to him by an Authorised Officer or a Committee under section 3B or by an Authorised Officer under section 4 or sub-section (1) of section 5; or

(c) designing or approving or implementing a building construction plan in contravention to any provision of the Bangladesh Building Code made under section 18A and the rules made under section 18; or

(d) constructing a building in contravention to any provision of the Bangladesh Building Code made under section 18A-

shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine not less than taka fifty thousand, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, fix a date within which the building or tank or portion thereof, in respect of which the offence has been committed shall be removed or dismantled or filled up, as the case may be by the person convicted and may, for sufficient reason, extend such date.]

24[(1A) Whoever commits an offence by-

(a) contravening the provision of section 3C, or

(b) failing to comply with any direction given to him by an Authorised Officer or Committee or Police Officer under section 3D,

shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, forfeit any vehicle, instrument, material or animal used for the purpose of or in connection with the commission of the offence or for carrying the earth.]

(2) If the person convicted under sub-section (1) fails to comply with the direction of the Court under that sub-section within the date fixed or within the date as so extended, the Court may causes the 25[building or portion thereof or the tank or portion thereof] filled up, and the cost thus incurred may be realised from the convicted person in the manner laid down for recovery of fine under section 386 of the Code of Criminal Procedure, 1898.

26[(3) The provision of this section shall be in addition to, and not in derogation of, any other provision of this Act.]

[Omitted.]12A. [Notice to offenders before obtaining sanction for prosecution.- Inserted by section 12 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960) and subsequently omitted by section 11 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987).]

Cognizance of offence27[13. (1) An offence punishable under sub-section (1A) of section 12 shall be cognizable and non-bailable.

(2) Subject to sub-section (1), no Court shall take cognizance of any offence punishable under this Act except upon a complaint by the Authorised Officer or the Committee or by a person authorised by the Authorised Officer or the Committee, as the case may be.]

14 Bar to jurisdiction of Civil Court14. Every order under section 3 or section 3A 28[or section 3B or section 3C or section 3D] or section 4 or section 5 or section 6 or section 9 shall, subject to the provision of section 15, be final and shall not be called in question in any Civil Court.

Appeal29[15. An appeal, if presented within thirty days from the date of the order appealed against, shall lie to such officer or authority as may be prescribed against every order under section 3 or section 3A 30[or section 3B or section 3C or section 3D] or section 4 or section 5 or section 6 or section 9, and the decision of such officer or authority on such appeal shall be final and shall not be called in question in any Civil Court.]

Public servant16. An Authorised Officer or any person empowered to perform any function under this Act, shall be deemed to be a public servant within the meaning of section 21 of the 31[* * *] Penal Code.

Indemnity17. (1) No suit or legal proceeding shall lie against the Government in respect of anything which is, in good faith, done or intended to be done, under this Act.

(2) No suit, prosecution or legal proceeding shall lie against any person in respect of anything which is in good faith, done or intended to be done, under this Act.

Power to make rules18. (1) The Government may make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:-

(a) the constitution of a Building Construction Committee;

(b) the tenure of office of members of the Committee;

(c) the resignation and removal of members of the Committee;

(d) the filling of casual vacancy and the tenure of office of the person filling such vacancy;

(e) the regulation of functions of the Committee including the procedure and conduct of business at its meetings;

(f) the manner of service of notice under sections 32[3B, 3D, 4] and 5;

(g) the form of application for sanction under 33[section 3 and 3C]; and

(h) the amount of fee payable under section 8.

Power to make Bangladesh National Building Code34[18A. (1) The Government may, by notification in the official Gazette, make provision to carry out the purposes of this Act and the provisions made under this section may collectively be called the Bangladesh National Building Code.

(2) Without Prejudice to the generality of the foregoing power, the Bangladesh National Building Code may provide for all or any of the following matters, namely:-

(a) general building requirements, control and regulation;

(b) fire protection;

(c) building materials;

(d) structural design;

(e) construction practices and safety;

(f) building services;

(g) alteration, addition to and change of use of existing building;

(h) sign and outdoor display;

(i) matters relating to administration and enforcement of the above matters.]

Compensation when not payable19. No owner of any building shall be entitled to any compensation under this Act, if he had contravened any provision of the East Bengal Building Construction Ordinance, 1951.

[Repealed]20. [Saving.- Repealed by section 3 of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).]

1 Throughout this Act, the word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).

2 Throughout this Act, the word “Government” was substituted for the words “Provincial Government” by section 2 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)

4 Clause (cc) was inserted by section 4 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960)

5 Clause (ccc) was inserted by section 3 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

6 The words “or who” were substituted for the words “and who” by section 3 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

7 The words “or cut or raze any hill” were omitted by section 2 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

8 Section 3A was inserted by section 6 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960)

9 The words “Authorised Officer” were substituted for the words “Provincial Government” by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

10 The words “Authorised Officer” were substituted for the words “Provincial Government” by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

11 The Explanation was omitted by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

12 Section 3B was inserted by section 5 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

13 Section 3C and 3D were inserted by section 3 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

14 Section 6 was substituted by section 6 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

15 Section 7 was substituted by section 7 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

16 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 4 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

17 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 5 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

18 The words “the Committee or any person empowered by him or it” were substituted for the words “any person empowered by him” by section 8 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

19 The words and comma “the Committee or any person empowered by him or it in this behalf, produce before him or it” were substituted for the words and comma “any person empowered by him in this behalf, produce before him” by section 8 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

20 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 4 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

21 Sub-sections (3) and (4) were inserted by section 6 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

22 Section 10A was inserted by section 7 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

23 Sub-section (1) was substituted by section 2 of the Building Construction (Amendment) Act, 2006 (Act No. XV of 2006)

24 Sub-section (1A) was inserted by section 8 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

25 The words “building or portion thereof or the tank or portion thereof” were substituted for the words “building to be removed or the tank” by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

26 Sub-section (3) was inserted by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

27 Section 13 was substituted by section 9 the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

28 The words, figures and letters “or section 3B or section 3C or section 3D” were substituted for the word, figure and letter “or 3B” by section 10 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

29 Section 15 was substituted by section 14 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)

30 The words, figures and letters “or section 3B or section 3C or section 3D” were substituted for the words, figure and letter “or section 3B” by section 11 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

31 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)

32 The figures and letter “3B, 3D, 4” were substituted for the figure “4” by section 12 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

33 The words and figures “section 3 and 3C” were substituted for the words and figure “section 3” by section 12 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)

34 Section 18A was inserted by section 2 of the Building Construction (Amendment) Act, 2006 (Act No. XV of 2006)