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24/06/2026
The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)

The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)

( ACT NO. XXIII OF 1949 )

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 improvements
65. (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 improvement
68. (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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