Last Change:

12/29/2024

The Non-Agricultural Tenancy Act (East Bengal Act)

Year: 1949

Type: Domestic law

Rights Category: Housing, land & property

Description

The Non-Agricultural Tenancy Act, 1949 (East Bengal Act), was introduced to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in Bangladesh.

Selected provisions
Section 20: Ejectment of an under-tenant

Notwithstanding anything contained in any other law for the time being in force or in any contract, an under-tenant shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely:-
(a) on the ground that he has used the non-agricultural land comprised in his tenancy in a manner which renders it unfit for use for any of the purposes specified in section 4;
(b) on the ground that the term of his lease has expired when he holds the non-agricultural land under a written lease:
Provided that in the case where any non-agricultural land is held by an under-tenant without a lease in writing or under a lease in writing but no term is specified in such lease, it shall be also lawful for his landlord to eject him from such land after having given him six months' notice in writing expiring with the end of a year of the tenancy, and on payment of such reasonable compensation as may be determined by the Deputy Commissioner in the prescribed manner.

Section 21: Other incidents of tenancies of under-tenants

The interest of an under-tenant in any non-agricultural land shall,-
(a) in the case where such under-tenant dies intestate in respect of such interest, be, subject to the provisions of section 91 of the 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 under-tenant is subject his other property goes to the State, his interest in such land shall be extinguished; and
(b) subject to the provisions of this Act and of the provisions of section 90 of the 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.

Section 22: Special incidents of a permanent tenancy of an under-tenant

Notwithstanding anything contained in any other law for the time being in force or in any contract, where the conditions referred to in clauses (1), (2), (3), (4) or (5) of section 7 or section 10 are fulfilled in relation to the tenancy of an under-tenant or where any non-agricultural land is held by an under-tenant under a lease in writing for a term of not less than twelve years specified in such lease, such under-tenant shall have as regards his immediate landlord all the rights and liabilities of a tenant as set forth in section 7, section 8 or section 10, as the case may be, and the provisions of section 6 shall apply, and the provisions of section 20, in so far as they are inconsistent with the provisions of this section, shall not apply, to such under-tenant.

Section 64: Definition of “improvement”

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.

Section 65: Rights to make improvements

(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.

Section 66: Collector to decide question as to right to make improvement, etc.

(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.

Section 68: Application to record evidence as to improvement

(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.

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