Clatei 2

THE BUILDINC CUNSTRUCTIUN AND

MAINTENANCE ACT, 2010
(Act No. _________ of 2010)
Sections
1. Short title, extent and commencement
2. DeIinitions
3. Overriding eIIect oI the Act
4. Department oI Building
5. Powers and Iunctions oI the Director General
6. Delegation oI Powers
7. Assistance Irom law enIorcing agencies and other authorities
8. Appeal
9. Building Appeal Board
10. Duties oI DraItsmen oI Plans, SpeciIications, Documents and Diagrams
11. Approval Ior Building Work
12. Consequence oI non-compliance oI terms and conditions oI the Approval
13. Prohibition oI carrying out building works etc.
14. CertiIicate oI Occupancy
15. Restriction on improper use oI lands and buildings
16. Remedial measures Ior injury to human liIe and property
17. Entry into premises and Inspection
18. Establishment oI Building Courts
19. Procedure and powers oI Building Courts in trial oI oIIences
20. Procedure and powers oI Building Courts in any matter other than trial oI oIIences
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21. Penalty Ior carrying out building work without approval
Sections
22. Penalty Ior submission oI Ialse certiIicate
23. Penalty Ior Iailure to comply with any order or direction
24. Penalty Ior obstruction
25. Penalty Ior general non-compliance by any person
26. Penalty Ior non-compliance oI Building Court`s order
27. Double penalty Ior subsequent oIIence
28. OIIences by companies, etc.
29. Cognizance oI OIIences
30. Limitation oI prosecution
31. Rights and privileges oI building workers
32. Complaint to the Director General
33. Civil Pre-emptive EnIorcement
34. Suit Ior compensation
35. Conversion oI Iines to compensation
36. Appeal
37. Building Appeal Court
38. TransIer oI cases
39. Public servant
40. Indemnity
41. Power to exempt
42. Power to make rules
43. Power to make Bangladesh National Building Code
44. Repeal and saving
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THE BUILDING CONSTRUCTION AND MAINTENANCE ACT, 2010
(Act No. _________ of 2010)
An Act to provide for regulation of building construction, for prescribing the building standard to
prevent hapha:ard construction, and for matters connected therewith
WHEREAS, it is expedient to provide Ior regulation oI building construction, Ior prescribing the
building standard to prevent haphazard construction, and Ior matters connected therewith
It is hereby enacted as Iollows:-
1. Short title, extent and commencement: (1) This Act may be called the Building Construction
and Maintenance Act, 2010.
(2) It extends to the whole oI Bangladesh.
(3) It shall come into Iorce in such areas, on and Irom such dates as the Government may, by
notiIication in the oIIicial Gazette, direct.
(4) The Government may, by notiIication in the oIIicial Gazette, withdraw the operation oI this
Act Irom any area.
2. Definitions: In this Act, unless there is anything repugnant in the subject or context,-
(a) "Appeal Board" means the Building Appeal Board established under this Act
(b) 'Code means the Bangladesh National Building Code made under this Act and updated
Irom time to time and enIorceable Ior the time being;
(c) "builder" means a person engaged by the owner oI a building to manage or carry out any
building works on the building; or iI such a person does not exist or is unable to be Iound,
the owner oI that building;
(d) "building" means any permanent or temporary building, part oI a building or a structure
and part oI a structure and includes such other erection or structure whether permanent or
temporary as the Government may, by order published in the official Ga:ette, declare to be
a building;
(e) 'Building Appeal Court means a Building Appeal Court constituted under this Act;
(I) 'Building Court means a Building Court constituted under this Act;
(g) "building work" means work relating to
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(i) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or
removing a building; and
(ii) adding to a building; and
(iii) excavating or Iilling incidental to an activity reIerred to in clause (i) or (ii); and
(iv) any other prescribed work;
(h) "building worker" means a person who is employed to do any skilled, semi-skilled or
unskilled, manual, supervisory, technical or clerical work Ior hire or reward, whether the
terms oI employment be expressed or implied and appointed either directly or through
contractor, in connection with any building or other construction work but does not
include any such person who is employed mainly in a managerial or administrative
capacity;
(i) "Department" means the Department oI Building established under this Act;
(j) "Director General" means Director General oI the Department;
(k) "developer" , in relation to any building works, means the person by whom the building
works are carried out;
(l) ~Inspector means an Inspector oI the Department oI Building or any other person
authorized by the Director General by a general or special order or a person authorized
under this Act to inspect or investigate the matters relating to building works;
(m)"occupier" , in relation to any building, means the person in occupation oI the building or
having the charge, management or control thereoI, either on his own account or as agent oI
another, but does not include any inhabitant within the building;
(n) "owner" , in relation to any premises or building, means the person Ior the time being
receiving the rent oI the premises or building, whether on his own account or as agent or
trustee or as receiver, or who would receive the same iI the premises or building were let
to a tenant and includes a mortgagee in possession;
(o) "person" means a person or group oI persons, and includes any company, association or
corporation, whether incorporated or not;
(p) 'prescribed means prescribed by rules made under this Act;
(q) 'rules means rule made by the Government under this Act;
3. Overriding effect of the Act: Notwithstanding anything contained to the contrary in any other
law Ior the time being in Iorce, the provisions oI this Act, rules, the Code and directions issued
under this Act shall have eIIect.
4. Department of Building: (1) The Government shall, Ior carrying out the purposes oI this Act,
establish a Department to be called the Department oI Building and headed by a Director General.
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(2) The Director General shall be appointed by the Government and the terms and conditions oI
his service shall also be determined by the Government.
(3) For proper perIormance oI the Iunctions oI the Department, necessary oIIicers and employees
shall be appointed in the manner and on the terms and conditions prescribed by rules.
5. Powers and functions of the Director General: (1) Subject to the provisions oI this Act, the
Director General may take such measures as he considers necessary and expedient Ior ensuring
the compliance oI this Act, rules and Code, and he may issue necessary directions in writing to
any person Ior the discharge oI his duties under this Act, rules and Code.
(2) In particular and without prejudice to the generality oI the Ioregoing powers, such measures
may include all or any oI the Iollowing:-
(a) granting the approval oI building work under this Act, rules and Code;
(b) issuing certiIicate oI occupancy under this Act, rules and Code;
(c) coordination with the activities oI any authority or agency having relevance to the
objectives oI this Act;
(d) conducting inquiries and undertaking research on building construction and maintenance
and rendering assistance to any other authority or organization regarding those matters;
(e) collection and publication oI inIormation about building construction and maintenance;
(I) inspect the building works, and any activities or matters connected therewith;
(3) A direction issued under this section may include matters relating to closure, prohibition or
regulation oI any building work, and the concerned person shall be bound to comply with such
direction:
Provided that the Director General shall, beIore issuing a direction oI closure or prohibition oI a
building work, send to the owner, developer or occupier thereoI a written notice so that he gets
reasonable opportunity to make that building work compliant with this Act, rules and Code; and
Provided Iurther that, iI the Director General considers that, due to a particular building work, the
public liIe is likely to be in danger and that urgent action is necessary, he may immediately issue
necessary directions.
(4) A time limit may be speciIied by the Director General Ior carrying out a direction issued under
this section.
(5) II a person, to whom a direction under sub-section (1) has been issued, Iails to comply with
the direction, the Director General may Iile a suit Ior compensation in the competent court or Iile
a criminal case Ior Iailure to comply with the direction or Iile both kinds oI cases.
(6) For the purposes oI determination oI compensation or corrective measures under sub-section
(1), the Director General may engage any specialist and other persons.
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(7) The Government may direct the Director General to take any action under this section and to
submit a report thereon.
6. Delegation of Powers: (1) The Government may delegate to the Director General or any other
oIIicer any oI its powers under this Act or rules.
(2) The Director General may delegate to any other oIIicer oI the Department any oI his powers
under this Act or rules.
7. Assistance from law enforcing agencies and other authorities: (1) The Director General or a
person authorized by him may, Ior the purpose oI exercising any power or perIorming any
Iunction under this Act, request any law enIorcing agency, or any other Government or statutory
authority to render necessary assistance, and upon such request that agency or authority shall
render the assistance.
(2) Where the Director General issues a direction Ior closure, prohibition or regulation oI a
building work and the owner or occupier thereoI does not comply with the direction, the Director
General may direct the provider oI electricity, gas, telephone or water or all such services or any
other service provided to the building to disconnect the service.
(3) Where a direction is issued under sub-section (2), the concerned person or institution shall be
bound to take necessary action as speciIied in the direction.
8. Appeal: (1) Any person aggrieved by a notice, order or direction issued under this Act or rules
may, within 30 days Irom the date oI issuance oI the notice, order or direction, appeal to the
Building Appeal Board constituted by the Government under this Act and the decision oI the
Building Appeal Board on the appeal shall be Iinal and shall not be called in question in any
court:
Provided that the Building Appeal Board may, iI it is satisIied that Ior some unavoidable
reason the aggrieved person could not Iile the appeal within that time, extend the period
Ior Iiling the appeal by a period not exceeding thirty days.
(2) An appeal Iiled under this section shall be disposed oI within 3 months Irom the date
oI its Iiling.
9. Building Appeal Board: (1) For the purpose oI this Act, the Government shall, by notiIication
in the oIIicial Gazette, establish as many Building Appeal Boards as it considers necessary;
(2) Where more than one Building Appeal Boards are established under sub-section (1), the
Government shall speciIy in the notiIication the territorial limits within which each one oI
them shall exercise jurisdiction under this Act;
(3) A Building Appeal Board shall consist oI a Chairman, and such number oI members as the
Government deems Iit.
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(4) The Chairman and the members oI the Building Appeal Board shall be appointed by the
Government by notiIication in the oIIicial Gazette on such terms and conditions as the
Government may determine.
(5) The qualiIications oI the Chairman and members and the procedure oI disposing oI appeal
shall be determine by rules made in his behalI.
10. Fixation of Responsibility of Plans, Specifications, Documents and Diagrams: Any person
who prepared any plan, speciIication, document or diagram submitted in terms oI this Act shall
aIIix his name and address and, in the case oI an architect, land surveyor or registered person, also
his proIession and registration number, iI any, to such plan, speciIication, document or diagram.
11. Approval for Building Work: (1) No person shall, without prior approval in writing oI the
Director General, carry out any building work in respect oI which the provisions oI this Act, rules
or Code made there-under is applicable.
(2) Any application Ior approval reIerred to in sub-section (1) shall be made in such manner and
Iorm and on payment oI such Iee as may be prescribed by rules and be accompanied by such
plans, speciIications, documents and inIormation as may be required by or under this Act, rules or
Code.
(3) The Director General shall, upon considering the application and other necessary papers and
documents including compliance with other relevant laws:
(a) grant the approval subject to such terms and conditions as he may think Iit including
the stipulations to inspect the building oI Iive storied or above by a registered
proIessional engineer in every Iive years to veriIy the saIety condition oI the building
and to submit the veriIication report to the Director General on such date as may be
determined in the approval letter; or
(b) make an order oI reIusal to grant the approval in writing showing relevant reasons oI
such reIusal; or
12. Consequence of non-compliance of terms and conditions of the Approval: II it is Iound
that the terms and conditions oI the approval granted under section 11(3)(a) is being violated or
being non-complaint, the Director General may-
(a) cancel the approval; and/or
(b) direct the developer to stop the building works Iorthwith; and/or
(c) direct the developer to demolish the building works in such manner and within such
date as prescribed by the Code or rules;
(d) demolish the building in such manner as prescribed by the Code or rules and direct the
owner and/or developer to pay the cost within such date as prescribed by rules.
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13. Prohibition of carrying out building works etc.: (1) II it is Iound that any building work is
being or is to be carried out in such manner that it will be detrimental to health, hygiene or
environment or detrimental to legitimate interest oI the neighbours, or causes any undue
inconvenience in respect oI use or occupation oI any land or building or road or passage in the
area adjacent to it, the Director General may-
(a) direct the developer to carry out the building works in such manner that it will not be
detrimental to health, hygiene or environment or not be detrimental to legitimate interest
oI the neighbours; or
(b) direct the developer to stop the building works Iorthwith; and/or
(c) direct the developer to demolish the building works in such manner and within such
date as prescribed by the Code or rules;
(d) demolish the building in such manner as prescribed by the Code or rules and direct the
owner and/or developer to pay the cost within such date as prescribed by rules.
14. Certificate of Occupancy: (1) No person shall, without having a certiIicate oI occupancy,
occupy any building work in respect oI which the provisions oI this Act, rules or the Code are
applicable.
(2) Any application Ior certiIicate oI occupancy reIerred to in sub-section (1) shall be made in
such manner and Iorm and on payment oI such Iee as may be prescribed by rules and/or Code.
(3) The Director General shall, upon considering the application and other necessary papers and
documents-
(c) issue a certiIicate oI occupancy in the Iorm prescribed by the Code; or
(d) make an order oI reIusal to issue any certiIicate oI occupancy in writing showing
relevant reasons oI such reIusal.
(4) BeIore issuing a certiIicate oI occupancy, the Director General shall satisIy himselI that such
building has been constructed in accordance with the provisions oI this Act and Code and the
conditions on which approval was granted in terms oI section 11.
(5) For the purpose oI sub-section (4) the Director General shall peruse the certiIicates oI
satisIaction issued by the person designated by the Code that the electrical wiring and other
electrical installations; the structural system; the Iire protection system; the Iire installation system
have been designed and erected or installed in accordance with the approval granted in terms oI
section 11 and are in accordance with the provisions oI the Code and all applicable laws.
(6) Notwithstanding anything contained in any other law Ior the time being inIorce, the Director
General may, upon considering the application oI the owner oI the building or any other person
having an interest therein, grant permission in writing to use the building beIore the issue oI the
certiIicate oI occupancy reIerred to in subsection (3), Ior such period and on such conditions as
may be speciIied in the Code or rules.
15. Restriction on improper use of lands and buildings: (1) No owner or occupier oI a building
shall, without obtaining previous permission Irom the Director General use the building Ior the
purpose other than that mentioned in the Approval.
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(2) When the Director General is satisIied that the existing use oI any land or building does not
conIorm the scheme oI land utilisation indicated in the Master Plan, the Director General may, by
an order in writing, direct the owner, occupier or the person in charge oI the land or building to
discontinue such use:
Provided, however, that the owner, occupier or the person in charge oI the land or building
shall be given three months' time beIore eIIect is given to the order oI discontinuance oI
such use:
16. Remedial measures for injury to human life and property: II it appears to the Director
General that any building work or constructed building is being dangerous or likely to be
dangerous Ior human liIe and property, the Director General may direct the builder, developer,
occupier and owner to take appropriate measure to keep the building saIe and Iree Irom any
danger.
17. Entry into premises and Inspection: (1) Subject to the provisions oI this section, any person
generally or specially authorized in this behalI by the Director General shall have the right to
enter any building or other place at all reasonable times, with such assistance as he considers
necessary Ior the Iollowing purposes, namely :-
(a) to perIorm his duties under this Act or rules;
(b) to inspect any activity carried out at such place or building under this Act or rules or a
notice, order or direction issued there-under;
(c) to test or veriIy any equipment, industrial plant, record, register, document or any other
signiIicant material;
(d) to conduct a search oI a building or place iI such person has reason to believe that an
oIIence has been committed in that building or place in contravention oI this Act or rule or
any notice, order or direction issued there-under;
(e) to seize any equipment, industrial plant, record, register, document or other material
that may be used as evidence oI the commission oI any oIIence punishable under this Act
or rules.
(2) The owner, developer, occupier or persons engaged in the building works shall be bound to
render all assistance to the said authorised person in discharging his duties under this Act and may
demand to show prooI oI identity oI such person.
(3) The provisions oI the Code oI Criminal Procedure, 1898 (Act V oI 1898) shall be Iollowed in
conducting any search and seizure under this section.
18. Establishment of Building Courts (1) For carrying out the purposes oI this Act, the
Government shall, by notiIication in the oIIicial Gazette, establish as many Building Courts as it
considers necessary.
(2) Where more than one Building Court is established under sub-section (1), the Government
shall, by notiIication in the oIIicial Gazette, speciIy the territorial jurisdiction oI each such Court.
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(3) A Building Court shall consist oI one judge and, in consultation with the Supreme Court oI
Bangladesh, the Government shall appoint an oIIicer oI the judicial service oI the rank oI Joint
District Judge, and such Judge shall dispose oI cases only under this Act.
(4) A Building courts shall have exclusive jurisdiction to adjudicate any matter relating to this Act
and try any oIIences under this Act.
Provided that nothing in this section shall bar to exercise the powers oI Mobile Court
established under the Mobile Court Act, 2009.
19. Procedure and powers of Building Courts in trial of offences: (1) Subject to the provisions
oI this Act, a Building Court shall, while trying an oIIence, Iollow as nearly as possible summery
procedure as prescribed under the Code oI Criminal Procedure, 1898 (Act V oI 1898).
(2) A Building Court shall Ior the purpose trying an oIIence under this Act, have the same powers
as are vested in the Court oI a Magistrate oI the Iirst class under the Code oI Criminal Procedure,
1898 (Act V oI 1898).
(3) Notwithstanding anything contained in sub-section (2), Ior the purpose oI imposing penalty a
Building Court shall have the same powers as are vested in a Court oI Sessions under the Code oI
Criminal Procedure, 1898 (Act V oI 1898).
(4) A case triable by a Building Court shall be conducted by a Public Prosecutor or an Additional
or Assistant Public Prosecutor on behalI oI the State:
Provided that an Inspector or an oIIicer authorized by the Director General may assist the
said prosecutor in conducting the case and iI necessary may make his submission beIore
the court.
20. Procedure and powers of Building Courts in any matter other than trial of offences: (1)
A Building Court shall Ior the purpose oI adjudicating and determining any matter or issue or
dispute under this Act be deemed to be a Civil Court and shall have the same powers as are vested
in such Court under the Code oI Civil Procedure, 1908 (Act V oI 1908).
(2) Hearing oI a case at the trial stage shall not be adjourned more than three times and the
Building Court shall conclude the trial within one hundred eighty days:
Provided that where the trial is not completed within the above time-limit, the Building
Court shall, within 15 days aIter expiry oI that period, inIorm the Environment Appeal
Court oI the delay and the reasons Ior such delay, and shall complete the trial oI the case
within ninety days aIter the expiry oI the above mentioned one hundred eighty days.
21. Penalty for carrying out building work without approval: Any person carrying out any
building work without obtaining approval under this Act shall be guilty oI an oIIence and liable
on conviction to a Iine oI Taka one thousand Ior each day on which he was engaged in carrying
out such building work.
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22. Penalty for submission of false certificate: Any person who submits a certiIicate which is
Ialse or substantially incorrect, knowing the same to be Ialse or incorrect; or in a Iraudulent
manner issues or obtains a certiIicate shall be guilty oI an oIIence and liable on conviction to a
Iine not less than Taka IiIty thousand and not exceeding Taka Iive lac.
23. Penalty for failure to comply with any order or direction: Any person who Iails to comply
with any order or direction oI the Director General or any other oIIicer authorized under this Act
shall be guilty oI an oIIence and liable on conviction to a Iine oI Taka Iive hundred Ior each day
on which the order or direction is made to him.
24. Penalty for obstruction: Any person who hinders or obstructs the Director General or any
other oIIicer authorized under this Act in the exercise oI his powers under the Act, rules or the
Code shall be guilty oI an oIIence and liable on conviction to a Iine not less than Taka IiIty
thousand and not exceeding Taka two lac.
25. Penalty for general non-compliance by any person: Any person who Iails to comply with
any provisions oI this Act, rules or the Code without any lawIul excuse shall be guilty oI an
oIIence and liable on conviction to a Iine oI Taka one lac.
26. Penalty for non-compliance of Building Court`s order: Any person who Iails to comply
with any order passed by the Building Court under this Act shall be guilty oI an oIIence and liable
on conviction to simple imprisonment Ior a term which may extend to 5 months or a Iine oI Taka
Iive lac or with both.
27. Double penalty for subsequent offence: Any person who has been convicted oI any oIIence
under this Act and again commits any oIIence under this Act shall be liable on conviction to a Iine
double Ior that oIIence or to simple imprisonment Ior a term which may extend to 6 years or both.
28. Offences by companies, etc.: Where any oIIence under this Act is committed by a company
or other corporate body or by a Iirm, every director, manager, partner, secretary or other oIIicer or
agent thereoI shall, iI actively concerned in the conduct oI the business oI such company, body
corporate or Iirm, be deemed to have committed the oIIence unless he proves that the oIIence was
committed without his knowledge or consent or that he exercised all due diligence to prevent the
commission oI the oIIence.
29. Cognizance of Offences: (1) No court other than a Building Court shall try an oIIence under
this Act or under any rules, regulations or schemes.
(2) No Building Court shall take cognizance oI an oIIence under this Act or under any rules,
regulations or schemes except upon complaint in writing made by any person.
(3) II the Court while hearing any case under this section is satisIied that the case was either
malicious or vexatious, it may direct that a penalty not exceeding Taka IiIty thousand be paid to
the accused and dismiss the case Iorthwith.
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30. Limitation of prosecution: Unless otherwise speciIied elsewhere in this Act or in any rules,
regulations or schemes, no Building Court shall take cognizance oI an oIIence punishable under
this Act or under any rules, regulations or schemes, unless complaint thereoI is made within six
months oI the date on which the oIIence is alleged to have been committed.
31. Rights and privileges of building workers: A building worker shall be entitled to enjoy all
rights and privileges under the provisions oI the Bangladesh Labour Act, 2006 and also the rights
and privileges under any agreement, settlement or customs and usages, iI such right or privilege is
more Iavourable to him than those provided in the Bangladesh Labour Act, 2006.
32. Complaint to the Director General: (1) Any person aIIected or likely to be aIIected as a
result oI building works may, in the manner prescribed by rules, make a compliant to the Director
General Ior remedy oI the damage or apprehended damage.
(2) The Director General shall hold a public hearing and take other measures Ior disposing oI an
application made under sub-section (1) within 15 days Irom the date oI Iiling the complaint.
33. Civil Pre-emptive Enforcement: (1) Notwithstanding contained in any law Ior the time
being inIorce, any person may institute a civil suit in any competent civil court seeking an order
oI injunction to stop a developer Irom carrying out building works on the grounds oI non-
compliance oI this Act, or rules or the Code.
(2) II the Court while hearing any suit under this section is satisIied that the suit was either
malicious or vexatious, it may direct that a penalty not exceeding Taka IiIty thousand be paid to
the deIendant and dismiss the suit Iorthwith.
34. Suit for compensation: (1) II a person, to whom a direction under section 16 oI this Act has
been issued, Iails to comply with the direction and thereby causes any damage or loss to liIe or
property, the Director General and/or the injured person may Iile a suit Ior compensation in the
competent court.
(3) II the complainant is aggrieved by the decision or initiative oI the Director General under
section 32, he may Iile a suit Ior compensation in the competent court.
(2) For the purposes oI determination oI compensation under sub-sections (1) and (2), the Court
may seek opinion Irom any specialist and other persons.
35. Conversion of fines to compensation.- (1) Notwithstanding anything contained to the
contrary in any other law Ior the time being in Iorce, the Building Court may, iI it considers
necessary, convert Iines imposed by it as compensation to be paid to persons aIIected as a result
oI the commission oI an oIIence under this Act law; and the Iine or compensation shall be
realizable Irom the person who has been sentenced with the Iine.
(2) II a claim Ior compensation is related to an oIIence under this Act in such a manner that the
trial oI the oIIence and the claim should be held in the same proceedings, then the Building Court
shall try the oIIence Iirst and, iI the compensation to be awarded is not commensurate with the
Iine imposed as a penalty oI the oIIence, then the application Ior compensation can be considered
separately.
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36. Appeal.- (1) A party aggrieved by a Judgment or a decree passed or a penalty imposed by the
Building Court can Iile an appeal to the Building Appeal Court established under section 37
within thirty days oI the date oI passing the judgment, decree or penalty, or order oI dismissal oI a
civil suit or an order speciIied in sub-section (2).
(2) An appeal shall lie to the Building Appeal Court against an order oI interim or temporary
injunction, an order to maintain status quo, an order oI granting or reIusing bail, an order oI
Iraming charge or discharge, and an order oI taking cognizance oI an oIIence or reIusal thereoI
passed by a Building Court; no other interim order shall be appealable nor shall the legality or
propriety thereoI shall be called in question beIore the Building Appeal Court or any other court.
(3) Notwithstanding the provisions oI sub-section (1), a party aggrieved by a judgment or decree
passed by a Building Court in a suit Ior compensation shall not be entitled to Iile an the appeal
against the said judgment or decree without depositing halI oI the decreed amount with the court
which passed the decree.
37. Building Appeal Court.- (1) For carrying out the purposes oI this Act, the Government shall,
by notiIication in the OIIicial Gazette, establish one or more than one Building Appeal Court.
(2) A Building Appeal Court shall be constituted with one judge and, in consultation with the
Supreme Court oI Bangladesh, the Government shall-
(a) appoint an oIIicer oI the judicial service oI the rank oI District Judge and such Judge
shall dispose oI cases only under this Act; and
(b) iI it considers necessary, Ior a speciIied area appoint a District and Sessions Judge oI a
district to act as the judge oI a Building Appeal Court in addition to his ordinary duties,
and such a judge shall, in addition to his ordinary duties, dispose oI the cases that Iall
within jurisdiction oI a Building Appeal Court.
(3) For the purpose oI disposal oI appeals relating to oIIences, the Building Appeal Court may
exercise all the powers oI a Sessions Court as an Appeal Court under the Criminal Procedure
Code.
(4) For the purpose oI disposal oI an appeal relating to a suit Ior compensation, the Building
Appeal Court may exercise all the powers oI an appellate court under the Civil Procedure Code.
38. Transfer of cases.- A Building Appeal Court may, on an application transIer a pending case
Irom one Building Court to another such court subordinate to it or to retransIer a case.
39. Public servant: The Director General or any person empowered to perIorm any Iunction
under this Act, shall be deemed to be a public servant within the meaning oI section 21 oI the
Penal Code, 1860.
40. Indemnity: (1) No suit or legal proceeding shall lie against the Government in respect oI
anything which is, in good Iaith, done or intended to be done, under this Act.
(2) No suit, prosecution or legal proceeding shall lie against any person in respect oI anything
which is in good Iaith, done or intended to be done, under this Act.
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Provided that the sub-section (1) and (2) do not preclude any person Irom Iiling a suit Ior
compensation against the Government, Director General or any person Ior damage or loss
sustained as a result oI apparent negligence in the course oI perIorming its or his
responsibilities under the Act, rules and the Code.
41. Power to exempt: (1) The Government may, by notiIication in the oIIicial Gazette, exempt,
subject to such conditions and restrictions as it may speciIy therein, any building or class oI
buildings Irom the compliance with, all or any provisions oI this Act.
(2) An order oI exemption under sub-section (1) shall be made only in the public or national
interest.
42. Power to make rules: (1) The Government may make rules Ior carrying out the purposes oI
this Act.
(2) In particular, and without prejudice to the generality oI the Ioregoing power, such rules may
provide Ior all or any oI the Iollowing matters:-
(a) the manner oI service oI notice;
(b) the Iorm oI application;
(c) the amount oI Iee payable;
(d) the procedure oI administrative action in consistent with the principle oI natural
justice.
43. Power to make Bangladesh National Building Code: (1) The Government may, by
notiIication in the oIIicial Gazette, make provision to carry out the purposes oI this Act and the
provisions made under this section may collectively be called the Bangladesh National Building
Code.
(2) Without Prejudice to the generality oI the Ioregoing powers, the Bangladesh National Building
Code may provide provisions Ior all or any oI the Iollowing matters, namely:-
(a) general building requirements, control and regulation;
(b) Iire protection;
(c) building materials;
(d) structural design;
(e) construction practices and saIety;
(I) building services;
(g) alteration, addition to and change oI use oI existing building;
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(h) sign and outdoor display;
(i) matters relating to administration and enIorcement oI the above matters.
44. Repeal and saving: (1) The Building Construction Act, 1952 (East Bengal Act No. II oI
1953) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the repealed Act shall
be deemed to have been done under the provisions oI this Act.