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 arL 2 2 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 ChapLer 2 3 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 arL 2 4 (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. ChapLer 2 5 (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. arL 2 6 (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. ChapLer 2 7 (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. arL 2 8 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. ChapLer 2 9 (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. arL 2 10 (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. ChapLer 2 11 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. arL 2 12 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. ChapLer 2 13 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. arL 2 14 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; ChapLer 2 15 (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.