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13/07/2024
The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)

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

( ACT NO. XXIII OF 1949 )

Chapter XII

MISCELLANEOUS

Bar to application of Act to certain lands and to certain cases
85. (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 1[Acquisition and Requisition of Immovable Property Ordinance, 1982(II of 1982)], or under any other law, for the use of any Department of the 2[Government], or
 
 
 
 
(d) any other land in the possession of the 3[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 4[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.
Appeal
5[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 Act
86. 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 Act
87. 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 ejectment
88. 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).]
Rules
91. (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:-
 
 
 
 
6[* * *]
 
 
 
 
(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;
 
 
 
 
7[* * *]
 
 
 
 
8[(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
    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)
  • 2
    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)
  • 3
    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)
  • 4
    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)
  • 5
    Section 85A was inserted by section 27 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
  • 6
    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)
  • 7
    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)
  • 8
    Clause (rr) was inserted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)
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