Bangladesh has a unique act, was promulgated in 1953 to control haphazard building construction and razing hills. This act enables the administration and judiciary to penalize the owners of illegal construction. But the practical use of the act is limited to only the megacities.

1. “A symbol of our failure as a nation”
Savar Tragedy, Garments Industry and Bangladesh By Muhammad Yunus
Reference: http://www.huffingtonpost.com/muhammad-yunus/savar-tragedy-
garments-in_b_3249401.html
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2. “A last embrace”
Photo: Taslima Akhter
Reference: http://www.mirror.co.uk/news/world-news/haunting-dhaka-disaster-
picture-last-1879345
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3. “Shoes Speak Louder Than Words”
Photo: Shahed Mehbub
Reference: https://www.flickr.com/photos/shahed-mehbub/4738931137
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4. Why?
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5. Is there any legal framework
to get rid of these?
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6. The Building Construction
Act, 1952 (Act No. II of
1953)
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7. Welcome
Presented By
Md. Ismail Hossain
Assistant Commissioner & Executive Magistrate
Office of the Deputy Commissioner, Sirajganj.
ID No. 17346
Roll No- 06
100th Law and Administration Course
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8. Why was the act enacted?
• To prevent the haphazard construction of
building
• To maintain the master plan of a town
• To prevent excavation or re-excavation of a
tank
• To prevent cutting hill, thus to protect
environment
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9. Background of the Act
• The Building Construction Act, 1952 was promulgated
in 1953
• This act was No. II of 1953 of the then East Pakistan
• The act was published in the Dacca Gazette dated the
21st March, 1953
• The act was amended six times and as amended by –
 (1) East Pakistan Ordinance No. IV of 1960;
 (2) East Pakistan Ordinance No. XIII of 1966;
 (3) P.O No. 48 of 1972;
 (4) Act No. XII of 1987;
 (5) Act No. XXXV of 1990;
 (6) Act No. XV of 2006.
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10. Building?
“Building” includes a house, out-house, hut,
wall and any other structure whether of
masonry, bricks, corrugated iron sheets, metal,
tiles, wood, bamboos, mud, leaves, grass,
thatch or any other material whatsoever.
[Section-2(b)]
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11. • “Tank” includes ditch, drain, well and channel.
[Section-2(f)]
• A usually large receptacle for holding,
transporting, or storing liquids (such as water
or fuel.
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Tank?

12. Hills?
• “Hill” includes hillocks. [Section-2(cc)]
• Hill or hillock means high soil which created
naturally next to the plain land or heap or place
which is synthesis of soil or rock or synthesis
of soil with any other object and land which
already recorded by the government as hill or
hillock.
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13. Important Sections of the Act
• After amendment for 6 different times the act
has 24 sections.
Section-3: Restriction on construction of building and
excavation of tank.
Section-3A: Restriction on improper use of lands and
buildings.
Section-3B: Direction for removal of construction, etc.
Section-3C: Restriction on cutting etc., of hills.
Section-3D: Direction for stopping cutting or razing of
hills.
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14. Section-4: Power of removal of temporary
building.
Section-5: Power of removal of building
under construction, etc.
Section-6: Eviction of occupier.
Section-7: Removal of building, etc.
Section-8: Application for sanction.
Important Sections of the Act
…Continued
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15. Section-9: Cancellation of sanction on breach
of terms and conditions thereof.
Section-10: Entry into premises.
Section-10A: Power of seizure and arrest
without warrant.
Section-12: Penalty.
Section-13: Cognizance of Offence.
Section-14: Bar to jurisdiction of Civil Court.
Important Sections of the Act
…Continued
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16. Impact and Utility of the Law
• BGM Bhaban
• Eviction and
Punishment by
Mobile Court
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17. • Image of
Mobile
Court
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Impact and Utility of the Law
…Continued

18. 4/15/2017 The Building Construction Act, 1952 18
Impact and Utility of the Law
…Continued
• Image of
Mobile
Court

19. Limitations of the Act
• Limited to divisional cities only
• Lack of manpower
• No monitoring and technical team for
monitoring
• Specification of the materials and technical
issues are ignored totally
• Inadequate penalty
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20. • Pollution created by construction activities are
ignored
• Many authorities to implement the act
• Ambiguity in the ownership of hills
• Penalty for hill cutting is limited
• Only few people are aware of this act
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Limitations of the Act
…Continued

21. Our dream and what should we need to do?
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• Rethink
• Employ more human
resource
• Update the law
• Determination of
ownership of hills
• Speed up the judicial
process

22. Thank You
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23. Q & A
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