CHAPTER VI
RECORD-OF-RIGHTS AND SETTLEMENT OF RENTS
][Omitted by section 16 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
CHAPTER VII
GENERAL PROVISIONS AS TO RENT OF NON-AGRICULTURAL TENANCIES PAYMENT OF RENT
[Omitted][Omitted by section 16 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
CHAPTER VIII
IMPROVEMENTS
Definition of “improvement”64. For the purposes of this Act the term “improvements” used with reference to a tenancy shall mean any work which adds to the value of the non-agricultural land comprised in the tenancy, which is suitable to such land and consistent with any of the purposes specified in section 4 for which it is being used and which, if not executed on such land, is either executed directly for its benefit, or is, after execution, made dibeneficial to it, and subject to the foregoing provisions, shall include the following, namely:-
(a) laying out of passages or roads,
(b) providing open spaces for ventilation,
(c) providing facilities for taking water,
(d) laying out drainage connections,
but shall not include any work executed by a non-agricultural tenant if it substantially diminishes the value of his landlord’s property.
Rights to make improvements65. (1) Subject to the provisions of sub-section (2), neither the non-agricultural tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the tenancy.
(2) If both the non-agricultural tenant and his landlord wish to make the same improvement the non-agricultural tenant shall have the prior right to make it, unless it affects another tenancy or other tenancies under the same landlord.
Collector to decide question as to right to make improvement, etc.66. (1) If a question arises between the non-agricultural tenant and his landlord-
(a) as to the right to make an improvement, or
(b) as to whether a particular work is an improvement,
the Deputy Commissioner may, on the application of either party, decide the question.
(2) An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the District Judge from every order passed by the Deputy Commissioner under sub-section (1) and the order passed by the District Judge on such appeal shall be final.
[Omitted]67. [Registration of landlord’s improvements.- Omitted by section 19 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
Application to record evidence as to improvement68. (1) If any non-agricultural tenant holding any non-agricultural land desires that evidence relating to any improvement made in respect thereof be recorded, he may apply to the prescribed Revenue-officer and such Revenue-officer shall thereupon, at a time and place of which notice shall be given to the parties, record the evidence:
Provided that such Revenue-officer shall not so record the evidence if he considers that there were no reasonable grounds for the making of the application, or if it appears to him that the subject-matter thereof is under inquiry in a Civil Court.
(2) When any matter has been recorded under this section, the record thereof shall be admissible in evidence in every subsequent proceeding between the landlord and the non-agricultural tenant or any persons claiming under them.
CHAPTER IX
OTHER INCIDENTS OF NON-AGRICULTURAL TENANCIES
[Omitted.]69. [Eviction of non-agricultural tenants, holding tenancies conditional upon employment in industrial concern.- Omitted by section 21 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
No ejectment except in execution of decree70. No non-agricultural tenant shall be ejected from the tenancy or from any non-agricultural land which he holds except in execution of a decree of a competent Civil Court.
Application of the Transfer of Property Act, 1882, or other law71. The provisions of the Transfer of Property Act, 1882, and of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Act shall continue to apply to all tenancies to which the provisions of this Act apply.
CHAPTER X
CONVERSION OF AGRICULTURAL LANDS INTO NON-AGRICULTURAL TENANCIES
[Omitted.]72. [Omitted by section 22 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
CHAPTER XI
JUDICIAL PROCEDURE
[Omitted.]73. [Regard to be had by Civil Courts to entries in record-of-rights.- Omitted by section 23 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]74. [Execution of decrees for arrears of rent by assignees of such decrees.- Omitted by section 23 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
Relief against forfeitures in certain cases75. A suit for the ejectment of a non-agricultural tenant, on the ground that he has used the non-agricultural land in a manner which renders it unfit for use for any of the purposes specified in section 4, shall not be entertained unless the landlord has served in the prescribed manner, a notice in writing on the non-agricultural tenant-
(i) specifying the particular misuse complained of, and
(ii) if the misuse is capable of remedy, requiring the tenant to remedy the same,
and the tenant has, where the misuse is capable of remedy, failed within a reasonable time from the date of the service of the notice to remedy the misuse.
[Omitted.]76. [Protection of the interest of an under-tenant having the rights and liabilities of a tenant in case of sale for arrears of rent.- Omitted by section 24 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
Delivery of possession of land sold for arrears of rent which has any structure erected on it by a non-agricultural tenant77. Where a non-agricultural tenant or his predecessor-in-interest has erected any structure on any non-agricultural land held by such tenant and such land is sold in execution of a certificate signed under the 17[* * *] Public Demands Recovery Act, 1913, for arrears of rent due in respect of such land, the purchaser shall be entitled to obtain delivery of possession of the land sold by the removal of such structure:
Provided that the judgment-debtor shall be allowed reasonable time by the Court to remove such structure from the property sold before the possession of such property is delivered to the purchaser:
Provided further that it shall be open to the purchaser to obtain possession of such land together with such structure on payment of such compensation for the value of such structure to the judgment-debtor as may be agreed upon between the purchaser and the judgment-debtor or, in the case where they do not agree, as may be determined by the Court on application by the purchaser, and, on payment of such compensation, the interest of the judgment-debtor in such structure shall vest absolutely in the purchaser.
[Omitted.]78. [Purchase of non-agricultural tenancy in execution of a decree for arrears of rent to take effect from the date of confirmation of the sale.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]79. [Rules for disposal of sale-proceeds.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]80. [Release from attachment of non-agricultural tenancies on payment into Court of the amount of decree or on confession of satisfaction by the decree-holder.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]81. [Amount paid into Court to prevent sale to be a mortgage-debt on the tenancy in certain cases.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]82. [Inferior tenant paying into Court may deduct from rent.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]83. [Decree-holder may bid at sale, judgment-debtor may not.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
[Omitted.]84. [Meaning of “arrears” and “arrears of rent”.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).]
CHAPTER XII
MISCELLANEOUS
Bar to application of Act to certain lands and to certain cases85. (1) Nothing in this Act shall apply to-
(a) any land vested in, or in the possession of-
(i) a port authority of a port, or
(ii) a railway administration, or
(iii) any local authority, or
(b) any lease in respect of any forest-rights or rights over fisheries or rights to minerals in any non-agricultural land, or
(c) any land acquired under the 18[Acquisition and Requisition of Immovable Property Ordinance, 1982(II of 1982)], or under any other law, for the use of any Department of the 19[Government], or
(d) any other land in the possession of the 20[Government], or
(e) any land held under a public wakf or a trust for public purpose.
(2) Nothing in this Act shall apply to any non-agricultural land held by a tenant under the 21[Government]:
Provided that the right vested in a tenant by the provisions of this Act shall not be divested by the acquisition of the superior right only in the land by the Government.
Appeal22[85A. An appeal against an order passed by the Deputy Commissioner determining compensation under the proviso to sub-section (1) of section 9 or the proviso to section 20 shall, if presented within thirty days of such order, lie to the District Judge.]
Certain contracts not to affect the provisions of the Act86. Nothing in any contract between a landlord and a non-agricultural tenant made before or after the commencement of this Act shall take away or limit the rights of such tenant as provided for by this Act, and any contract which is in contravention of the provisions of this section or which is inconsistent with, or purports to alter the effect of, any of the provisions of this Act, shall, to the extent of such contravention or inconsistency or to the extent it purports to alter such effect, be void and without effect.
Jurisdiction in proceedings under this Act87. When under this Act a Court is authorised to make an order on the application of a landlord or a non-agricultural tenant, the application shall be made to the Civil Court which would have jurisdiction to entertain a suit for possession of the non-agricultural land comprised in the tenancy in connection with which the application is made.
Application of the provisions of the Act to all pending suits, appeals and proceedings and unexecuted decrees, for ejectment88. The provisions of this Act shall apply to all suits, appeals and proceedings including proceedings in execution for the ejectment of a non-agricultural tenant which are pending at the date of the commencement of this Act and also to all decrees passed for the ejectment of a non-agricultural tenant which have not been executed and are not barred by limitation and in respect of which no proceedings in execution are so pending, and the tenants against whom such suits, appeals or proceedings are so pending or such decrees have been passed shall not be liable to be ejected on any ground except under the provisions of this Act.
[Omitted.]89. [Saving of limitation.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted.]89A. [Calculation of the period of possession.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted.]90. [Repeal of Bengal Act IX of 1940 and Assam Act X of 1947.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Rules91. (1) The Government may, subject to the condition of previous publication, 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, namely:-
23[* * *]
(c) the manner of determining compensation referred to in the proviso to sub-section (1) of section 9 and in the proviso to section 20;
(d) the forms of the notices referred to in section 23, and the amount of the process-fees referred to in the said section;
24[* * *]
25[(rr) the Revenue-officer referred to in sub-section (1) of section 68;]
(s) the manner of service of notice issued under this Act where the mode of such service is not provided in this Act.
1 Throughout this Act, unless otherwise provided, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2 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)
3 Sub-clause (a) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4 The words, commas and figure “Bengal Tenancy Act, 1885, or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
5 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)
6 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)
7 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)
8 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)
9 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)
10 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)
11 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)
12 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)
13 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)
14 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
15 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
16 Section 26A was inserted by section 15 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
17 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)
18 The words, comma, figures and brackets “Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982)” were substituted for the words, comma and figure “Land Acquisition Act, 1894” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
19 The word “Government” was substituted for the words “Central or Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
20 The word “Government” was substituted for the words “Central or Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
21 The word “Government” was substituted for the words “Central or Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
22 Section 85A was inserted by section 27 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
23 Clauses (a) and (b) were Omitted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
24 Clauses (e) to (r) were Omitted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
25 Clause (rr) was inserted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)