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The Building Construction Act, 1952 (East Bengal Act)

( ACT NO. II OF 1953 )

[ 21st March, 1953 ]

Penalty
12. 1[(1) Whoever commits an offence by-
 
 
 
 
(a) Contravening the provision of section 3; or
 
 
 
 
(b) failing to comply with any direction given to him by an Authorised Officer or a Committee under section 3B or by an Authorised Officer under section 4 or sub-section (1) of section 5; or
 
 
 
 
(c) designing or approving or implementing a building construction plan in contravention to any provision of the Bangladesh Building Code made under section 18A and the rules made under section 18; or
 
 
 
 
(d) constructing a building in contravention to any provision of the Bangladesh Building Code made under section 18A-
 
 
 
 
shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine not less than taka fifty thousand, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, fix a date within which the building or tank or portion thereof, in respect of which the offence has been committed shall be removed or dismantled or filled up, as the case may be by the person convicted and may, for sufficient reason, extend such date.]
 
 
 
 
2[(1A) Whoever commits an offence by-
 
 
 
 
(a) contravening the provision of section 3C, or
 
 
 
 
(b) failing to comply with any direction given to him by an Authorised Officer or Committee or Police Officer under section 3D,
 
 
 
 
shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, forfeit any vehicle, instrument, material or animal used for the purpose of or in connection with the commission of the offence or for carrying the earth.]
 
 
(2) If the person convicted under sub-section (1) fails to comply with the direction of the Court under that sub-section within the date fixed or within the date as so extended, the Court may causes the 3[building or portion thereof or the tank or portion thereof] filled up, and the cost thus incurred may be realised from the convicted person in the manner laid down for recovery of fine under section 386 of the Code of Criminal Procedure, 1898.
 
 
 
 
4[(3) The provision of this section shall be in addition to, and not in derogation of, any other provision of this Act.]
  • 1
    Sub-section (1) was substituted by section 2 of the Building Construction (Amendment) Act, 2006 (Act No. XV of 2006)
  • 2
    Sub-section (1A) was inserted by section 8 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)
  • 3
    The words “building or portion thereof or the tank or portion thereof” were substituted for the words “building to be removed or the tank” by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)
  • 4
    Sub-section (3) was inserted by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)
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