1991

36 sections

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Premises Rent Control Act, 1991

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The Premises Rent Control Act, 1991 regulates the relationship between landlords and tenants of residential and commercial premises in Bangladesh. It applies to premises situated in municipal areas and in the metropolitan area of Dhaka, though certain types of premises are exempted. The Act establishes Rent Controllers and Rent Tribunals to adjudicate disputes. Key mechanisms include provisions regarding the determination of fair rent, limits on rent increases (not exceeding 5% per annum for existing tenants), procedures for eviction on specified grounds such as failure to pay rent, use of premises for illegal purposes, or bonafide requirement by the landlord for own use, maintenance obligations, and protection of tenants from arbitrary eviction. Notable provisions include the requirement for a notice to quit, the prohibition on cutting off essential supplies, and exemptions for government tenants and tenants of high-rent premises. The Act remains in force as key landlord-tenant legislation in urban areas.

Full text · showing key sections

§ 1Short title and commencement

(1)This Act shall be called the Premises Rent Control Act, 1991.

(2)Sections 23, 24, 25, 26 and 27 shall be deemed to have come into force on the 2nd day of January, 1991, and the remaining sections shall be deemed to have come into force on the 27th day of March, 1989, in those areas where the Premises Rent Control Ordinance, 1986 (XXII of 1986) was in force on the 26th day of March, 1989:

Provided thatthe Government may, by notification in the official Gazette, direct that this Act or any part thereof shall come into force on a date specified in the notification in any other area, and may also direct by such notification that this Act or any part thereof shall not apply to any area from the date specified in the notification.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act—
(a) "Controller" means a Controller appointed under section 3(1), and an Additional Controller and Sub-Controller appointed under section 3(2) shall also be included therein;
(b) "Owner" means a person who is for the time being entitled to receive rent of any premises on his own behalf or on behalf of any other person or for the benefit of any other person, or as a trustee or receiver of any premises, or who would be entitled to receive or be entitled to receive such rent if the premises were let, and—
a legal representative as defined in the Code of Civil Procedure, 1908 (V of 1908), a sub-tenant, and a person deriving title from the owner shall also be included therein;
(c) "Premises" means any building or part of a building or any hut or part of a hut which has been separately let or is intended to be let for residential or non-residential or both purposes, and includes the gardens, grounds, and out-houses appurtenant thereto;
(d) "Standard rent" means the standard rent determined or deemed to have been determined under this Act;
(e) "Tenant" means a person by whom or on whose behalf rent is payable for any premises, and—
a legal representative as defined in the Code of Civil Procedure, 1908 (V of 1908), and a person in possession of the premises after the expiry of the tenancy period shall also be included therein;
(f) "Rent" means rent of premises;
(g) "Rules" means rules made under this Act.

§ 3Appointment of Controller etc.

(1)For the purpose of exercising the powers conferred and duties imposed on the Controller by or under this Act, the Government may, by notification in the official Gazette, appoint any person to be Controller for any area.

(2)The Government may, by notification in the official Gazette, appoint any person to be an Additional Controller or Sub-Controller for any area.

(3)The Controller may delegate to the Additional Controller or Sub-Controller such of his duties as he may think fit, and they shall perform only those duties, and in performing those duties the Additional Controller or Sub-Controller, except as mentioned in sub-section (4), shall exercise all the powers and perform all the duties of the Controller.

(4)The Controller—
(a) may transfer any case pending before him to an Additional Controller or Sub-Controller for disposal; or
(b) may withdraw any case pending before an Additional Controller or Sub-Controller and dispose of it himself or transfer it to any other Additional Controller or Sub-Controller for disposal.

§ 4Final hearing of certain applications

(1)The hearing of every application filed before the Controller under this Act shall be completed within three months.

(2)Notwithstanding anything contained in sub-section (1), the hearing of an application filed for permission under section 21(2) shall be completed within one month.

(3)If the hearing of an application cannot be completed within the time mentioned in sub-sections (1) and (2) for any special reason, the Controller shall record the reasons therefor and complete the hearing of the application as soon as possible after the expiry of the said period.

(4)Once the hearing of an application has commenced, it shall be continued from day to day, but if for any special reason it is not possible to do so, the Controller may adjourn the hearing after recording the reasons therefor.

(5)The Controller may in each case pending before him order payment of reasonable costs to or against any party, and such costs shall be recoverable as a public demand.

§ 5Notice to owner and tenant

(1)Before exercising any power conferred by this Act, the Controller shall give notice of his intention to exercise such power to the owner and tenant, if any, by registered post and shall also affix a copy of such notice at a public place in his office.

(2)If any application is received from any person having interest in the premises mentioned in the notice within the time specified in the notice regarding the exercise of such power, the Controller shall consider the same appropriately.

§ 6Power of entry and inspection

(1)For the purpose of any investigation under this Act, the Controller—
(a) may enter and inspect any premises at any time between sunrise and sunset;
(b) may authorize any officer subordinate to him to enter and inspect any premises within the said time;
(c) may by written order direct any person to produce for inspection at the time and place mentioned in the order any accounts of expenditure, rent roll, books or other documents connected with such investigation:

Provided thatno person shall enter any premises without the consent of the occupant unless he has expressed his intention to enter the premises by written notice at least 48 hours prior to such entry.

(2)The Controller may exercise the power which the court has under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of summoning, compelling the attendance of witnesses, or compelling the production of documents, for the purposes of this Act and subject to rules.

§ 7Prohibition on rent increase

Subject to the provisions of this Act, any increase of rent of any premises above the standard rent shall not be recoverable, notwithstanding anything to the contrary in any agreement.

§ 8Rent increase for improvements and furniture by owner

Where after the premises have been let, the owner makes any addition, improvement or alteration not included in the necessary repairs thereto at his own cost, or supplies any furniture for use therein, the owner and tenant may in consideration of such addition, improvement, alteration or supply of furniture mutually agree to determine an additional rent, and such additional rent shall be payable by the tenant over and above the standard rent.

§ 9Rent increase due to tax payment

Where any municipal levy, tax, toll or fee or any part thereof is payable by the tenant in respect of any premises and the owner agrees to pay the same in accordance with the terms of the rent, the amount which the owner has agreed to pay shall be payable by the tenant as additional rent over and above the standard rent.

§ 10Prohibition on demand of premium etc.

By reason of letting or renewing the tenancy or extending the term of tenancy, no person—
(a) shall demand or accept any premium, salami, deposit or similar money in addition to the rent, or
(b) shall, without the prior approval of the Controller, demand or accept any money as advance rent in excess of one month's rent.

§ 11Exception for long-term lease for development

Notwithstanding anything contained in section 10, if any premises are let for a term of at least twenty years for the purpose of development through construction or reconstruction, and if such term is not cancellable at the option of the owner within ten years from the date of commencement thereof, the owner may accept any premium, salami, deposit or similar money in addition to the rent.

§ 12Furniture purchase not a condition of rent

No person shall make the purchase of furniture by the tenant a condition of the rent of any premises or its renewal or extension of term.

§ 13Issuance of rent receipt

(1)When rent is paid by the tenant, the owner shall immediately give the tenant a receipt for the rent paid, signed in the prescribed form.

(2)The owner shall preserve a counterfoil of the rent receipt.

§ 14Refund of non-recoverable rent etc.

(1)Where in respect of any premises—
(a) any money has been paid or deposited as rent which is non-recoverable under the provisions of this Act, or
(b) any premium, salami, deposit or similar money or any money as advance rent has been paid or deposited which is prohibited under the provisions of this Act from being demanded or accepted,
then the Controller may, within six months from the date of such payment or deposit, on the application of the payer or depositor, direct the owner who has received such money or in whose name such money has been deposited to refund the same or adjust it in any other manner at the option of the payer or depositor.

(2)An order passed by the Controller under sub-section (1) shall be executable by the court as if it were a decree of that court.

§ 15Power and duty of Controller

The Controller shall, on the application of the owner or tenant, determine the standard rent of any premises and shall determine it in such manner that the annual amount thereof equals 15 percent of the market value of the said premises ascertained in the manner prescribed by rules:

Provided thatwhere the amount of standard rent has been determined under the Premises Rent Control Ordinance, 1986 (XXII of 1986), such standard rent so determined shall be deemed to be the standard rent determined under this section until amended or changed by the Controller.

§ 16Effective date of standard rent and its duration

(1)Where the rent payable at the time of filing the application is increased or decreased during the determination of standard rent under section 15, the standard rent shall be payable from the month immediately following the date of filing of the application.

(2)The standard rent may be re-determined by the Controller under the provisions of section 15, on the application of the owner or tenant, after every two years.

§ 17Attachment, warrant etc. in certain cases

No attachment of property or warrant for arrest of a tenant shall be issued for the purpose of executing a one-sided decree passed under the Code of Civil Procedure, 1908 (V of 1908) for recovery of rent of any premises, unless the applicant at the time of filing his application makes an affidavit or otherwise swears or affirms that the rent mentioned in the application is not non-recoverable under this Act.

§ 18Eviction prohibited where rent is recoverable

(1)No order or decree shall be made for the recovery of possession of any premises on any ground whatsoever unless the applicant proves to the satisfaction of the court—
(a) that the tenant has sublet or assigned the premises or any part thereof without the consent of the owner in writing, or
(b) that the tenant has committed or is committing a nuisance in the premises, or has been using the premises for immoral or illegal purposes, or
(c) that the tenant has ceased to occupy the premises for a continuous period of more than four months without reasonable cause, or
(d) that the tenant has failed to pay rent or other charges payable therefor within fifteen days of the expiry of the time fixed therefor by the agreement of the parties or, in the absence of such agreement, within two months of the time when such rent or other charges became due, or
(e) that the premises are required for the purpose of rebuilding by the owner and the owner has given three months' notice in writing to the tenant prior to the commencement of the construction.

(2)No order or decree shall be made for the recovery of possession of any premises on the ground mentioned in clause (e) of sub-section (1) unless the court is satisfied—
(a) that the owner has not reasonable grounds for not rebuilding within the meaning of sub-section (3), and
(b) that the owner has the means to rebuild and has given three months' notice in writing to the tenant prior to the commencement of the construction.

(3)For the purposes of clause (e) of sub-section (1) and sub-section (2), an owner shall be deemed to have reasonable grounds for not rebuilding if—
(a) the owner is a body corporate or a company, or
(b) the owner has no other premises in his possession in the area where the premises are situated, or
(c) the owner has not occupied any other premises in his possession in the area where the premises are situated as his residence or for carrying on any business, trade or profession, or
(d) the rebuilding is not required for the purpose of carrying on any business, trade or profession by the owner.

§ 19Deposit of rent in certain circumstances

(1)Where the owner refuses to accept rent or the tenant is in doubt as to the person to whom the rent is payable, the tenant may deposit the rent with the Controller in the prescribed manner.

(2)The Controller shall, on receipt of the rent deposited under sub-section (1), give a receipt to the tenant and intimate the owner or the person to whom the rent is payable.

(3)The rent deposited under sub-section (1) shall be deemed to have been paid to the owner or the person to whom the rent is payable on the date of such deposit.

§ 20Saving regarding rent sent by money order

Where rent is sent by money order, the rent shall be deemed to have been paid on the date on which the money order is received by the owner or the person to whom the rent is payable.

§ 21Repair by tenant etc.

(1)Where the owner has failed to carry out the necessary repairs to the premises, the Controller may, on the application of the tenant, direct the owner to carry out such repairs within the time specified in the order.

(2)If the owner fails to carry out the repairs as directed under sub-section (1), the Controller may authorize the tenant to carry out the repairs and deduct the cost thereof from the rent payable to the owner.

(3)The Controller may, on the application of the owner, grant permission to the owner to carry out any improvement or alteration to the premises, subject to such conditions as he may think fit.

§ 22Repair of premises by Deputy Commissioner etc.

Notwithstanding anything contained in section 21, where the Deputy Commissioner is satisfied that any premises require repair for the purpose of preventing deterioration, he may on his own initiative carry out such repairs and recover the full cost thereof from the rent payable to the owner under this Act.

§ 23Penalty for recovery of excess rent over standard rent

If any person knowingly—
(a) receives rent in excess of the standard rent directly or indirectly for any reason other than the reasons mentioned in sections 8 or 9; or
(b) directly or indirectly demands or receives any premium, salami, deposit or similar money in excess of the standard rent for any reason other than the reason mentioned in section 11; or
(c) receives advance rent in excess of one month's rent without the written consent of the Controller,
then he shall, on the complaint of the aggrieved person or the Government—
(i) in the case mentioned in clause (a), be punishable with fine up to double the amount of rent recovered in excess for the first offence, and with fine up to triple the said excess amount for each subsequent offence;
(ii) in the case mentioned in clause (b), be punishable with fine up to two thousand taka for the first offence, and with fine up to five thousand taka for each subsequent offence;
(iii) in the case mentioned in clause (c), be punishable with fine up to double the amount of one month's rent collected in excess for the first offence, and with fine up to triple the said amount for each subsequent offence.

§ 24Penalty for interference with privilege etc.

In any case where the making of any order or decree for recovery of possession of any premises is prohibited under section 18, if any person, for any reason other than the necessity of repair of the premises or compliance with the direction of the municipal authority, intentionally causes any hindrance to any privilege attached to the premises or removes, destroys or renders unusable any article permanently attached thereto, or stops any supply or facility subject to the terms of the tenancy, then he shall, on the complaint of the aggrieved party, be punishable with fine up to five hundred taka for the first offence, and with fine up to one thousand taka for each subsequent offence.

§ 25Penalty for giving wrong name or address of owner

If any tenant, while depositing rent under section 19, intentionally gives the wrong name or address of the owner, then he shall, on the complaint of the owner, be punishable with fine up to five hundred taka.

§ 26Penalty for tenant failure to deliver vacant possession

(1)If a tenant vacates the premises, he shall deliver vacant possession thereof to the owner, unless he has sub-let any part thereof with the consent of the owner or in accordance with the terms of the tenancy agreement.

(2)If a tenant under sub-section (1) refuses or fails to deliver vacant possession of the premises, he shall, on the complaint of the owner, be punishable with fine up to ten times the standard rent of the premises.

§ 27Penalty for failure to issue receipt

If any owner refuses or fails to provide the tenant with a written receipt for rent paid, as required under section 13, he shall, on the complaint of the tenant, be punishable with fine up to double the amount collected.

§ 28Filing of complaints etc.

(1)Every complaint under sections 23, 24, 25, 26 and 27 shall be filed in writing before the Controller.

(2)The Controller shall investigate every complaint filed before him under sub-section (1) and impose the penalties mentioned in the said sections.

(3)The fine imposed under the said sections shall be recovered by the convicted person in the manner prescribed by law within thirty days from the date of the sentence, and if he fails to recover the same within the said period, it shall be recoverable as a Government demand under the Public Demands Recovery Act, 1913 (Bengal Act III of 1913):

Provided thatthe Controller may, for special reasons to be recorded in writing, extend the time for such recovery.

§ 29Limitation of complaints

No complaint against any person under sections 23, 25, 26 or 27 shall be instituted after the expiry of six months from the date of commission of the offence for which it is brought.

§ 30Appeal and reconsideration

(1)Any person aggrieved by an order of the Controller may, within thirty days from the date of the making of the order, prefer an appeal to the District Judge of the district in which the premises in respect of which the order was made is situated, in the manner prescribed by law:

Provided thatin computing the period of thirty days, the day on which the order was made and the time required for obtaining a certified copy of the order shall be excluded.

(2)A District Judge may, for the disposal of any appeal preferred before him under sub-section (1), transfer the same to an Additional District Judge or Sub-Judge, and may also withdraw any appeal so transferred and dispose of it himself or transfer it to any other Additional District Judge or Sub-Judge for disposal.

(3)The District Judge, or the person to whom an appeal has been transferred under sub-section (2), shall call for the records of the case from the Controller and dispose of the appeal after reviewing the records and, if necessary, taking evidence.

(4)The Controller or the District Judge, or the person to whom an appeal has been transferred under sub-section (2), may reconsider any order made by him if new important matter or evidence comes to light, or if any error or falsehood is clearly found in the records, or for any other sufficient reason:

Provided thatbefore making any order under this sub-section, all persons who may be aggrieved by such order shall be given a reasonable opportunity of being heard.

(5)The decision of the District Judge, or the person to whom an appeal has been transferred under sub-section (2), and the order of the Controller subject thereto, shall be final.

§ 31Supply of certified copy of Controller order

Any person aggrieved by any order of the Controller made under this Act shall be entitled to obtain a certified copy of the order on payment of the fee prescribed by law, and such certified copy shall be admissible as evidence to prove the order of the Controller in any court.

§ 32Right to electricity supply without owner consent

Notwithstanding anything to the contrary in any other Act, a tenant shall be entitled to receive licensed electricity supply in the rented premises without the consent of the owner.

Explanation—For the purposes of this section, "licensed" means a person as defined in section 2(h) of the Electricity Act, 1910 (IX of 1910).

§ 33Exemption

Nothing in this Act shall apply to any premises occupied by the Government, Capital Development Authority, Chittagong Development Authority, Khulna Development Authority and Rajshahi City Development Authority.

§ 34Power to frame rules

(1)The Government may, for the purpose of this Act, make rules by notification in the official Gazette.

(2)In particular and without prejudice to the generality of the aforesaid power, such rules may provide for all or any of the following matters, namely:—
(a) the procedure for withdrawal of rent deposited by the owner under section 19;
(b) the procedure for recovery of fines mentioned in section 29;
(c) the procedure to be followed by the Controller, District Judge, Additional District Judge and Sub-Judge in any investigation under this Act;
(d) the procedure for reconsideration of orders mentioned in section 30(5);
(e) the procedure for issuance of notices issued under this Act;
(f) assessment, levy and recovery of costs and fees;
(g) any other matter required to be prescribed by rules under this Ordinance.

§ 35Saving

Notwithstanding the expiry of the Premises Rent Control Ordinance, 1986 (XXII of 1986), hereinafter referred to as the said Ordinance—
(a) all rules made or deemed to have been made under the said Ordinance, so far as they are consistent with the provisions of this Ordinance and are not repealed or amended, shall remain in force and shall be deemed to have been made under this Act;
(b) any order or appointment made or deemed to have been made, anything done or deemed to have been done, any measure taken or deemed to have been taken, or any proceeding commenced or deemed to have been commenced, under any provision of the said Ordinance, so far as they are consistent with the provisions of this Act, shall remain in force and shall be deemed to have been made, done, taken or commenced under the corresponding provision of this Act;
(c) all applications relating to determination of standard rent under section 15 of the said Ordinance, deposit of rent under section 19, and repair under section 21, which were pending before any Controller appointed under the said Ordinance immediately before the enactment of this Act, shall be deemed to have been transferred to the Controller appointed under this Act from the date of enactment of this Act, and the Controller shall continue the proceedings relating thereto from the stage at which they were before the transfer;
(d) all appeals filed against the orders of the Controller under sections 15, 19, 21 of the said Ordinance which were pending before any District Judge, Additional District Judge or Sub-Judge immediately before the enactment of this Act shall be deemed to have been filed under this Act and shall be deemed to be pending before the said Judge.

§ 36Repeal and saving

(1)The Premises Rent Control Ordinance, 1991 (Ordinance No. 2 of 1991) is hereby repealed.

(2)Notwithstanding such repeal, any work done or measure taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.