( ACT NO. XXIII Of 1949 )
[ 20th October, 1949 ]
An Act to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in Bangladesh.1♣
WHEREAS it is expedient to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in Bangladesh;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
Short title, extent and commencement1. (1) This Act may be called the 2[* * *] Non-Agricultural Tenancy Act, 1949.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
Definitions2. In this Act, unless there is anything repugnant in the subject or context,-
(1) “Bengali year” means a year ending on the last day of the Bengali month of Chaitra;
(2) “Deputy Commissioner” includes any officer appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Act;
(3) “Landlord” means a person immediately under whom a non-agricultural tenant holds;
(4) “Non-agricultural land” means land which is used for purposes not connected with agriculture or horticulture and includes any land which is held on lease for purposes not connected with agriculture or horticulture irrespective of whether it is used for any such purposes or not, but does not include-
3[* * *]
(b) land which was originally leased for agricultural or horticultural purposes but is being used for purposes not connected with agriculture or horticulture without the consent either express or implied of the landlord, if the period for which such land has been so used is less than twelve years, and
(c) land which is held for purposes connected with the cultivation or manufacture of tea:
Provided that where an order has been made under section 72 converting a parcel of land which is not non-agricultural land into a tenancy to which the provisions of this Act apply such land shall be deemed to be non-agricultural land;
(5) “Non-agricultural tenant” means a person who holds non-agricultural land under another person with the consent of that person and is, or but for a special contract would be liable to pay rent to such person for that land and also includes the successors-in-interest of the former but does not include any person who holds any such land on which any premises occupied by such person are situated if such premises have been erected, or are owned, by the person to whom such occupier is, or but for a special contract would be, liable to pay rent for such occupation;
Explanation.- In this clause “premises” mean any building such as a house, manufactory, warehouse, stable, shop or hut whether constructed of masonry, bricks, concrete, wood, mud, metal or any other material whatsoever and includes any land appertaining to such building;
(6) “prescribed” means prescribed by rules made under this Act;
(7) “pucca structure” means any structure constructed mainly of brick, stone or concrete or any combination of these materials;
(8) all words and expressions used but not defined in this Act and used in 4[* * *] the Transfer of Property Act, 1882, have the same meanings as in those Acts.
CHAPTER II
CLASSES OF NON-AGRICULTURAL TENANTS
Classes of non-agricultural tenants3. (1) There shall be, for the purposes of this Act, the following classes of non-agricultural tenants, namely:-
(a) tenants, and
(b) under-tenants.
(2) “Tenant” means a person who has acquired from a proprietor or a tenure-holder a right to hold non-agricultural land for any of the purposes provided in this Act, and includes also the successors-in-interest of persons who have acquired such a right.
(3) “Under-tenant” means a person who has acquired a right to hold non-agricultural land for any of the purposes provided in this Act either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right.
Purposes for which non-agricultural tenant may hold non-agricultural land4. A non-agricultural tenant may hold non-agricultural land for-
(a) homestead or residential purposes;
(b) manufacturing or business purposes; or
(c) religious or other purposes.
Tenancies held by a non-agricultural tenant5. A non-agricultural tenant shall be deemed to hold any non-agricultural land-
(a) for homestead or residential purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord to use or is actually using such land for homestead or residential purposes;
(b) for manufacturing or business purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business; and
(c) for religious or other purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for a religious purpose or for any purpose not connected with agriculture or horticulture other than-
(i) the purposes specified in clauses (a) and (b), and
(ii) the exercise of any forest-rights or rights over fisheries or rights to minerals in such land.
CHAPTER III
TENANTS
Manner of use of non-agricultural lands6. (1) A tenant holding non-agricultural land may use such land in any manner which is not inconsistent with any of the purposes for which non-agricultural land may be held under this Act and which does not materially impair the value of such land.
(2) A tenant holding non-agricultural land comprised in any tenancy to which the provisions of section 7 or section 8 apply shall be entitled-
(a) to erect any structure including any pucca structure;
(b) to erect a mosque, a temple or any other place of worship;
(c) to dig any tank; and
(d) to plant, enjoy the flowers, fruits and other products of, and fell and utilise or dispose of the timber of, any tree on such land.
(3) A tenant holding non-agricultural land comprised in any tenancy to which the provisions of section 9 apply shall be entitled-
(a) to erect any structure other than a pucca structure;
(b) to plant, and enjoy the flowers, fruits and other products of, any tree, and
(c) to fell, and utilise or dispose of the timber of, any tree planted by him on such land.
Incidents of certain tenancies7. Notwithstanding anything contained in any other law for the time being in force or in any contract-
(1) if any non-agricultural land has been held with or without any lease having been entered into by the landlord and the tenant from before the commencement of the Transfer of Property Act, 1882, or if the origin of any tenancy is unknown, or
(2) if the non-agricultural land comprised in any tenancy which has been or is created after the commencement of the Transfer of Property Act, 1882, has been held for a period of not less than twelve years without any lease in writing, or
(3) if any non-agricultural land has been held under a lease in writing for a period of not less than twelve years but no term is specified in such lease, or
(4) if any non-agricultural land held under a lease in writing for a period specified therein continues to be held after the expiration of the time limited by such lease and the total period for which such land is so held is not less than twelve years, or
(5) if the landlord has allowed pucca structures to be erected on any non-agricultural land held under a lease in writing for a period specified therein, whether such structures have been erected-
(a) before the expiration of the said period, or
(b) where such non-agricultural land continues to be held with the express or implied consent of the landlord after the expiration of the said period, during the period such non-agricultural land so continues to be held,
then-
(i) the tenant holding the non-agricultural land comprised in such tenancy shall not be ejected by his landlord from such land except on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4;
(ii) subject to the provisions of section 91 of the 5[* * *] State Acquisition and Tenancy Act, 1950, the interest of the tenant in the non-agricultural land comprised in such tenancy shall, in the case where such tenant dies intestate in respect of such interest, be transmitted by inheritance in the same manner as his other immovable property:
Provided that in any case in which under the law of inheritance to which such tenant is subject, his other property goes to the State, his interest in such land shall be extinguished, and
(iii) the non-agricultural land comprised in such tenancy or a share or a portion thereof together with the interest of the tenant therein shall, subject to the provisions of this Act and of section 90 of the 6[* * *] State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner, and to the same extent as his other immovable property.
Renewals of lease of tenancies held for not less than twelve years and succession to, and transfer of, such tenancies8. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, where any non-agricultural land is held under a lease in writing for a term of not less than twelve years specified in such lease, the tenant holding such land shall, on the expiration of the period so specified, be entitled to the renewal of such lease for perpetuity on such fair and reasonable rent as may be determined under Chapter XIV of the 7[* * *] State Acquisition and Tenancy Act, 1950:
Provided that no premium or salami shall be payable in respect of such renewal.
(2) Omitted by section 5 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).
(3) A tenant holding non-agricultural land comprised in a tenancy to which the provisions of sub-section (1) apply shall not be ejected by his landlord from such land during the term specified in the lease, nor at any time after the tenant has exercised his right of renewal, except on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4.
(4) The interest of the tenant in any non-agricultural land held under a lease to which the provisions of sub-section (1) apply shall, during the term specified in the lease, or where the tenant has exercised his right of renewal, at any time thereafter-
(i) in the case where such tenant dies intestate in respect of such interest, be, subject to the provisions of section 91 of the 8[* * *] State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property:
Provided that in any case in which, under the law of inheritance to which such tenant is subject, his other property goes to the State his interest in such land shall be extinguished; and
(ii) subject to the provisions of this Act and of section 90 of the 9[* * *] State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.
Incidents of non-agricultural tenancies held for less than twelve years9. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if any non-agricultural land has been held for a term of more than one year but less than twelve years-
(a) without a lease in writing, or
(b) under a lease in writing for a term of more than one year and less than twelve years to which the provisions of clause (5) of section 7 do not apply, or
(c) under a lease in writing but no term is specified in such lease,
then the tenant holding such non-agricultural land shall be liable to ejectment on one or more of the following grounds and not otherwise, namely:-
(i) on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4;
(ii) on the ground that the term of the lease has expired in the case of tenancies of the class specified in clause (b);
(iii) on the ground that the tenancy has been terminated by the landlord by six months’ notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenancies of the class specified in clause (a):
Provided that a tenant shall not be liable to ejectment on the ground specified in clause (iii) except on payment of such reasonable compensation on account of the cost of removal of any structure erected or of any improvement effected on such land at the expense of the tenant or on other accounts not being the value of the land as may be determined by the Deputy Commissioner in the prescribed manner.
(2) The interest of the tenant in any non-agricultural land to which the provisions of sub-section (1) apply shall-
(i) in the case where such tenant dies intestate in respect of such interest, be, subject to the provisions of section 91
of the 10[* * *] State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property:
Provided that in any case in which under the law of inheritance to which such tenant is subject his other property goes to the State, his interest in such land shall be extinguished; and
(ii) subject to the provisions of this Act and of the provisions of section 90 of the 11[* * *] State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.
Computation of the period of possession9A. In computing under this Chapter the period for which any non-agricultural land has been held by a tenant, he shall be entitled to tack to the length of his possession any periods during which his predecessors-in-interest were in possession of the land, provided that there is no break between the periods to be tacked.
Special provisions applicable to tenancies for specific religious purposes10. Notwithstanding anything elsewhere contained in this Act or in any other law for the time being in force or in any contract, if the non-agricultural land comprised in any tenancy is held specifically for any religious purpose for any period under a lease in writing in which such purpose is specified, then such tenancy shall be deemed to be a tenancy of the class specified in section 7:
Provided that the tenant holding such land shall not be ejected by his landlord from such land except on the ground that he has used such land for any purpose other than the said religious purpose or has not used the land for the said religious purpose for more than three years.
[Omitted.]11. [Enhancement of rent.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]12. [Provisions as to enhancement on ground of landlord’s improvement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]13. [Powers to order progressive enhancement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]14. [Limitation of right to enhancement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]15. [Reduction of rent.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]