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Law / The Non-Agricultural Tenancy Act,1949
« on: November 14, 2012, 12:54:52 PM »
Definition of improvement:
According to section 64 of the, Non-Agricultural Tenancy Act,1949 the definition of improvement is given bellow. As per 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 directly beneficial 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
Who can posses the rights to make improvements?
According to section 65 of the Non-Agricultural Tenancy Act,1949
a) 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
b)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.
Settlement of disputes arising any conflict regarding improvements:
According to section 66 of the Non-Agricultural Tenancy Act, 1949
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,
In that case the Deputy Commissioner may, on the application of either party, decide the question. 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.
Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.
According to section 64 of the, Non-Agricultural Tenancy Act,1949 the definition of improvement is given bellow. As per 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 directly beneficial 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
Who can posses the rights to make improvements?
According to section 65 of the Non-Agricultural Tenancy Act,1949
a) 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
b)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.
Settlement of disputes arising any conflict regarding improvements:
According to section 66 of the Non-Agricultural Tenancy Act, 1949
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,
In that case the Deputy Commissioner may, on the application of either party, decide the question. 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.
Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.